N.Y. Parks, Recreation and Historic Preservation Law § 3.09: General functions, powers and duties

§ 3.09 General functions, powers and duties. The office by and through

the commissioner, shall:

1. Acquire and establish historic sites and objects and, except within

the sixth park region, state parks, parkways and state recreational

facilities.

2. Operate and maintain, either directly, or by contract, lease or

license, such historic sites and objects, parks, parkways and

recreational facilities.

2-a. Be empowered to encourage investment by the private sector for

the provision of equipment and capital improvements for concession

facilities operated at historic sites and, except within the sixth park

region, state park and recreation facilities by entering into concession

license agreements for extended periods not to exceed twenty years in

total; provided that any such agreement for a period in excess of ten

years must be approved by the director of the budget and must provide

for a total capital investment of no less than one million dollars over

the contract term. Such extended term shall be for the purpose of

assuring a concessionaire of adequate protection against loss of

investment in structures, fixtures, equipment, supplies and other

improvements, and the length of such term shall have a direct

relationship to the period required to amortize the investment. The bid

prospectus submitted to prospective bidders shall contain specific

information concerning the nature of the capital improvements or

equipment to be provided by the successful bidder.

2-b. Be empowered, in addition to any other provision of law

authorizing the leasing of property under its jurisdiction, to lease the

Gideon Putnam hotel, Lincoln, Washington, Roosevelt I and Roosevelt II

bathhouses and provide for reasonable rights of access, utilities and

parking located within the boundaries of the Saratoga Spa state park,

for reasonable consideration and for a term not to exceed forty years.

Such extended term shall be for the purpose of assuring a lessee of

adequate protection against loss of investments in structures, fixtures,

equipment, supplies and other improvements, and the length of such term

shall have a direct relationship to the period required to amortize the

investment. Any such lease shall be entered into only after a finding by

the commissioner that such action will encourage investment by the

private sector in maintaining and preserving buildings listed on or

eligible for the state register of historic places, established pursuant

to section 14.07 of this chapter, and is compatible with public

enjoyment and participation in adjacent park facilities. In addition,

such lease shall contain terms and conditions as the commissioner shall

deem necessary to assure preservation and maintenance of the historic

quality of any such property, the compatible uses with adjacent park

lands and facilities, and otherwise to protect the public interest.

* 2-c. Be empowered, in addition to any other provision of law

authorizing the leasing of property under its jurisdiction, to lease

Hyde hall historic site and provide for reasonable rights of access,

utilities and parking located within the boundaries of the Glimmerglass

state park for a term not to exceed thirty years. Such extended term

shall be for assuring a lessee of adequate protection against loss of

investments in renovations performed on the Hyde hall historic site. Any

such lease shall be entered into only after a finding by the

commissioner that such action will encourage investment by the private

sector in maintaining, preserving and restoring buildings listed on the

state register of historic places, established pursuant to section 14.07

of this chapter, and is compatible with public enjoyment and

participation in adjacent park facilities. In addition, such lease shall

contain terms and conditions as the commissioner shall deem necessary to

assure preservation and maintenance of the historic quality of any such

property, the compatible uses with adjacent park lands and facilities,

and otherwise to protect the public interest.

* NB Repealed January 1, 2047

2-d. Be empowered, in addition to any other provision of law

authorizing the leasing or licensing of property under its jurisdiction,

to encourage investment by the private sector for the provision of

equipment and capital improvements at historic sites, state park and

recreation facilities by entering into lease or license agreements for

an extended term not to exceed forty years at the following: in the

first park region, for services provided at the observation tower, and

for buildings and structures commonly known as the Cave of the Winds

building, the Top of the Falls Restaurant, the administration building,

the visitor center, the Goat Island center, the snack bar at the Cave of

the Winds, the current police building, the original Prospect Point

elevator building, the lower landing snack bar and the Schoellkopf

Museum, including improvements to structures and facilities appurtenant

thereto at Niagara Reservation State Park, the site of the former

casino, the former commission house and the eighty-slip boat marina

within the boundaries of Beaver Island state park and the structures

known as the navy barracks, the post theater, the officers' club and the

commandant's house within Fort Niagara state park, buildings and

structures at Deveaux Woods state park, and buildings and facilities

within Knox Farm state park; in the second park region, the building

known as Minturn Mansion within Long Point on Lake Chautauqua state

park; in the third park region, for buildings and structures commonly

known as the Glen Iris Inn, the Pioneer Museum, the Pinewood Lodge, the

Prospect house, the Lauterbrunnen house, the Lower Falls restaurant

building, the pool concession stands, the North Entrance visitor center,

the administration building, the Commission house and the Stone

building, including improvements to structures and facilities

appurtenant thereto at Letchworth State park; in the fourth park region,

the structures known as the caretaker's house and garage within the

Buttermilk Falls state park, and the construction and operation of full

service marinas and associated concessions, at Sampson state park and at

Seneca Lake state park; in the seventh park region, the structure known

as the brick cottage and associated outbuildings at John Jay Homestead

state historic site, the structure known as the Hoyt House and the barns

at Ogden Mills and Ruth Livingston Mills state park, the outbuildings at

Olana state historic site and the building commonly known as the

Staatsburg School in Margaret Lewis Norrie state park; in the eighth

park region, for buildings and structures commonly known as the Bear

Mountain Inn, the A. K. Morgan Overlook Lodge, the Cliff house, the

Hilltop lodge, the Summit lodge, the Echo lodge, the Beaver lodge and

the Spring lodge, including improvements to structures and facilities

appurtenant thereto at Bear Mountain State Park; in the ninth park

region, the main house at Caumsett state historic park preserve, the

Boardwalk Restaurant at Jones Beach state park and the buildings and

structures at Nissequogue state park; in the eleventh park region, the

structure known as La Tour house, the former bottling plant and

dormitory for adaptive reuse, and property for the development of a golf

course and related facilities within Saratoga Spa state park. Any such

lease or license may provide for reasonable rights of access, utilities

and parking located within the boundaries of the respective park or

historic site. Such extended term shall be for the purpose of assuring a

lessee or licensee adequate protection against loss of investments in

developing, renovating, improving, furnishing and equipping such

properties, and the length of the term of any such lease or license

shall have a direct relationship to the period required to amortize the

investment. Any such lease or license shall be entered into only after a

finding by the commissioner that such action is compatible with public

enjoyment and participation in adjacent park facilities, and in the case

of structures listed on or eligible for the state register of historic

places, that such lease or license will encourage investment by the

private sector in restoring, preserving and maintaining such properties.

In addition, such lease or license shall contain terms and conditions as

the commissioner shall deem necessary to address environmental concerns,

including any historic and recreational resources of such property; the

compatible uses of adjacent park lands and facilities; and otherwise to

protect the public interest. The bid prospectus submitted to prospective

bidders shall contain specific information concerning the nature of the

capital improvements or equipment to be provided by the successful

bidder. Revenues from the lease or license of property pursuant to this

section shall be deposited into the state park infrastructure fund

established pursuant to section ninety-seven-mm of the state finance

law.

* 2-e. Be empowered, in addition to any provision of law authorizing

the leasing of property under its jurisdiction, to enter into a

cooperative agreement, lease or license within the ninth park region,

for parklands, parkway rights-of-way and structures at Cold Spring

Harbor, including a library and environmental center. Any such

cooperative agreement, lease or license may be for a term not to exceed

one hundred years and provide for reasonable rights of access, utilities

and parking in association with such facilities. Any such cooperative

agreement, lease or license shall be entered into only after a finding

by the commissioner that such action is compatible with public enjoyment

and participation in adjacent park facilities, and in the case of

structures listed on or eligible for the state register of historic

places, that such agreement or lease will encourage investment by the

private sector in restoring, preserving and maintaining such properties.

In addition, such agreement or lease shall contain terms and conditions

as the commissioner shall deem necessary to address environmental

concerns, including any historic and recreational resources of such

property; the compatible uses of adjacent parklands and facilities; and

otherwise to protect the public interest. Revenues from any such

agreement or lease of property shall be deposited into the state park

infrastructure fund established pursuant to section ninety-seven-mm of

the state finance law, as added by section one hundred thirty-two of

chapter fifty-five of the laws of nineteen hundred ninety-two.

* NB There are 2 sub 2-e's

* 2-e. Be empowered, in addition to any provision of law authorizing

the leasing of property under its jurisdiction, to enter into a

cooperative agreement, lease or license to develop, operate and maintain

for athletic fields and recreational facilities, parkland located within

the twelfth park region to be known as East River State Park. Any such

cooperative agreement, lease or license may be for a term not to exceed

fifty years and provide for reasonable rights of access, utilities and

parking in association with such facilities. Any such cooperative

agreement, lease or license shall be entered into only after a finding

by the commissioner that such action is compatible with public enjoyment

and participation in adjacent park facilities, and in the case of

structures listed on or eligible for the state register of historic

places, that such agreement or lease will encourage investment by the

private sector in restoring, preserving and maintaining such properties.

In addition, such agreement or lease shall contain terms and conditions

as the commissioner shall deemed necessary to address environmental

concerns, including any historic and recreational resources of such

property; the compatible uses of adjacent park lands and facilities; and

otherwise to protect the public interest. Revenues from any such

agreement or lease of property shall be deposited into the state park

infrastructure fund established pursuant to section ninety-seven-mm of

the state finance law.

* NB There are 2 sub 2-e's

2-f. Cooperate with the office of probation and correctional

alternatives by identifying appropriate worksites where persons

performing community service as part of a criminal disposition may be

assigned to provide cleanup and other maintenance services in order to

preserve and enhance the state's natural beauty and human-made scenic

qualities. Such sites may include but are not limited to the state's

shorelines, beaches, parks, roadways, historic sites and other natural

or human-made resources.

2-g. Be empowered, in addition to any provision of law authorizing the

leasing or licensing of property under its jurisdiction, to enter into a

cooperative agreement, lease or license with the board of education of

the school district of the city of Niagara Falls for parklands, parkway

rights-of-way, buildings, structures and facilities within the first

park region at DeVeaux Woods State Park for use by the school district

as administrative offices, maintenance warehousing and related

facilities. Such cooperative agreement, lease or license may be for a

term not to exceed fifty years and shall provide for reasonable rights

of access, utilities and parking in association with such facilities.

Any such cooperative agreement, lease or license shall be entered into

only after a finding by the commissioner that such action is compatible

with public enjoyment and participation in adjacent park facilities, and

in the case of structures listed on or eligible for the state register

of historic places, that such cooperative agreement, lease or license

will provide for and encourage preserving and maintaining such

properties.

In addition, such cooperative agreement, lease or license shall

contain terms and conditions such as the commissioner may deem necessary

to address environmental concerns, including any historic and

recreational resources of such property; the compatible uses of adjacent

parklands and facilities; and otherwise to protect the public interest.

Such cooperative agreement, lease or license may provide for the

school district to make capital improvements to the property, including

improvements to those spaces to be occupied by the office, and for the

joint use of some or all of the buildings, structures and facilities

between the school district of the city of Niagara Falls and the office

of parks, recreation and historic preservation as well as sharing of

capital costs for the improvements made to the buildings, structures and

facilities, in which case payments to the office pursuant to such

agreement, lease or license by the school district shall be offset by

expenses incurred by such school district in making capital improvements

or in maintaining the designated building, structures and facilities for

the term of any such cooperative agreement, lease or license. Revenues

from any such agreement or lease of property shall be deposited into the

state park infrastructure fund established pursuant to section

ninety-seven-mm of the state finance law, as added by section one

hundred thirty-two of chapter fifty-five of the laws of nineteen hundred

ninety-two.

2-h. Be empowered, in addition to any other provision of law

authorizing the leasing of certain property under its jurisdiction, to

establish a resident curator program to encourage investment,

restoration and occupancy of at-risk structures by authorizing the

leasing of such at-risk structures on a competitive basis pursuant to

the issuance of a request for proposal announced publicly including on

the office website, for residential use only, as a single family

dwelling, to individuals to be known as "resident curators" for terms of

up to forty years in exchange for the resident curator assuming

liability and financial obligation associated with the rehabilitation,

maintenance and use of such buildings and any other property, real or

personal, included in the lease. For the purposes of this subdivision,

the term "at-risk structure" shall mean a house, building or other

roofed structure under the jurisdiction of the office that is or has

become functionally isolated from the direct public service mission of

the office such that such structure is vacant and at risk of undergoing

progressive deterioration and/or functional abandonment because of

fiscal or other circumstantial difficulties. The length of the term of

leases executed pursuant to this subdivision shall relate to the

investment to be made by the resident curator which will be required to

rehabilitate and maintain the at-risk structure for residential

occupancy. The amount of rent to be charged, which may be nominal, shall

be based on an assessment of fair market value taking into account the

projected cost of rehabilitating the at-risk structure invested by the

resident curator. Any lease executed pursuant to this section shall:

require the resident curator to comply with all laws, rules and

regulations and maintain appropriate insurance coverage associated with

the rehabilitation, maintenance and use of the leased premises; prohibit

the resident curator from using the leased premises except in accordance

with criteria to be determined per established rule; prohibit the

resident curator from using the leased premises as security for any

debt, or from assigning or subletting the premises except as authorized

by the commissioner. Upon termination of any lease executed pursuant to

this section, full use and enjoyment of the property reverts

automatically to the state. No lease entered into in the resident

curator program shall result in the displacement of any currently

employed worker or loss of position, including the partial displacement

such as reduction in the hours of non-overtime labor, wages or employee

benefits, the diminishment of benefits, or seniority rights provided to

such employee in the civil service law, or result in the impairment of

existing collective bargaining agreements. The Commissioner shall

consult with the state board for historic preservation, established

pursuant to section 11.03 of this title, prior to entering into a

resident curator lease for any at risk structure, including those

eligible for listing on the state and national registers of historic

places. The commissioner shall adopt a plan identifying at risk

structures within state parks and historic sites, and shall adopt rules

and regulations for the resident curator program, which shall include,

but not be limited to, criteria for selecting responsible resident

curators, criteria for establishing length of terms for leases, criteria

for determining the amount of rent to be charged to resident curators

which may be nominal factoring in the capital investment required to

rehabilitate and maintain the leased premises and determining

appropriate uses and restrictions on use of leased premises in the

resident curator program, including whether and under what circumstances

public access is appropriate to property in the resident curator

program. This plan, as well as the rules and regulations, shall be

presented to and approved by the state board for historic preservation

prior to their adoption.

3. Encourage, facilitate and coordinate the planning and

implementation of parks, recreational and historic preservation

activities and programs of state agencies.

4. Cooperate in the planning, organization, development and operation

of municipal and private park, recreational and historic preservation

projects and programs.

5. Provide for the health, safety and welfare of the public using

facilities under its jurisdiction.

6. Encourage, promote and engage in cooperative recreational,

educational, historic and cultural activities, projects and programs

undertaken by any federal, state or local governmental agency or private

philanthropic or non-profit interest for the benefit of the public.

7. Undertake surveys or analyses deemed appropriate for the

performance of the functions, powers and duties of the office through

office personnel or consultants, or in cooperation with any public or

private agencies.

7-a. Promulgate a comprehensive plan for the establishment of a

state-wide trails system. For the purposes of this subdivision "trails"

shall include footpaths, bike ways, snowmobile trails, horse trails,

cross country ski trails, roads and other rights-of-way suitable for

hiking, strolling, cycling, horseback riding, skiing and other means of

motorized and non-motorized travel for recreational purposes and shall

include combinations and systems of trails, including connecting and

side trails, and trails leading to scenic and recreational areas. The

commissioner, with the approval of the director of the budget, may,

within the appropriations made available by the legislature, purchase

such abandoned railroad rights-of-way as can be used in the

comprehensive plan, and make improvements where necessary, in order to

make them suitable and available for use as trails.

8. Adopt, amend or rescind such rules, regulations and orders as may

be necessary or convenient for the performance or exercise of the

functions, powers and duties of the office.

9. Enter into contracts with any person and do all things necessary or

convenient to carry out the functions, powers and duties of the office.

10. Encourage, promote and provide recreational opportunities for

residents of urban as well as suburban and rural areas.

11. When designated by the governor, act as the state agent for the

receipt and administration of any federal grant or advance of funds for

the assistance of any project, program or activity related to the

functions, powers and duties of the office, where the designation of a

state agent is required under federal law or regulation, regardless of

whether the project, program or activity is undertaken by the office or

another person.

12. Conduct hearings and prepare transcripts and records thereof,

appoint hearing officers, administer oaths, subpoena witnesses and take

depositions with respect to any matter under the jurisdiction or control

of the office.

13. Bring or defend such actions, suits or proceedings as the

commissioner may deem necessary or proper to perform any of the powers,

functions and duties of the office.

14. Exercise and perform such other functions, powers and duties as

shall have been or may be from time to time conferred or imposed by or

pursuant to law.

15. Enhance the natural resources within the state park, recreation

and historic site system by providing habitat for various wildlife

species including endangered and threatened species of fauna through

practices such as ecological restoration, wetland conservation and the

planting of trees, shrubs and herbaceous plants indigenous to the area

which act as food and protective cover for fauna. Selection of plant

species or communities of species shall take into consideration the

natural, ecological, historic, archeological, aesthetic, and public use

resources in the immediate areas as well as the management goals of the

park or site.

16. Enter into contracts or other agreements with not-for-profit

corporations or foundations to provide, either in whole or in part, for

the operation, maintenance or other services for any park, recreational

facility, historic site or program. The office may provide facilities

for such corporations and foundations to conduct fund-raising activities

for the support of such parks, facilities, sites and programs.

17. In consultation with the New York state biodiversity research

institute created pursuant to section two hundred thirty-five-a of the

education law, within amounts appropriated therefor, by January first,

nineteen hundred ninety-five conduct a review of lands currently in

state-ownership and under the office's jurisdiction to identify lands

and waters that harbor plants, animals, and ecological communities that

are rare in New York state.

18. Identify, protect, manage, and conserve important ecological and

natural resources, including plants, animals and ecological communities

that are rare in New York state, located on state parks, parkways,

historic sites, recreational facilities and other lands under the

jurisdiction of the commissioner.

19. Offer for sale advertising and corporate sponsorship space in

various publications of the office and offer for sale informational and

promotional material related to programs, operations, facilities and

resources under the jurisdiction of the office. Any proceeds realized

from the sale of advertising or corporate sponsorship space or

informational or promotional materials shall be deposited in the patron

services account of the miscellaneous special revenue fund and shall be

used by the office to defray the cost of development and publication of

informational and promotional material.

19-a. Prior to offering for sale to the public any merchandise, goods,

commodities or food service at parks, recreation facilities, historic

sites or other facilities under the jurisdiction of the office, make a

written finding that the private sector is unable or unwilling to

provide such merchandise, goods, commodities or food service under

agreement with the office and under such terms and conditions as the

commissioner determines are fair and reasonable to the state and

necessary to serve the public interest. Any proceeds realized from the

sale of such merchandise, goods, commodities or food service shall be

deposited in the patron services account of the miscellaneous special

revenue fund and shall be used by the office to defray the cost of

operating and maintaining such parks, recreation facilities and historic

sites.

20. Provide for the display of the POW/MIA flag wherever the flag of

the United States of America is on display at state parks, historic

sites, and recreational facilities.

21. Develop, in consultation with the commissioner of health,

informational signs and brochures alerting patrons of the dangers of

overexposure to the sun and its relationship to skin cancer. The

information on such signs and in such brochures shall include methods by

which an individual may help prevent exposure to the sun and lessen his

or her risk of contracting skin cancer. Such signs and informational

brochures shall be placed in appropriate locations at the discretion of

the commissioner.

22. Be empowered to enter into an agreement with the New York state

thruway authority, which shall allow the office to utilize an electronic

toll collection system for the collection of any entrance fee or parking

fee at any historic site, park or recreational facility.

23. Establish and implement a program for the collection of recyclable

materials that are discarded in state parks, state historic sites and

state recreational facilities. Such recyclable materials shall include,

but not be limited to, metal, plastic, glass and paper. In each such

park, historic site and recreational facility the office shall install

bins for the collection of recyclable materials. The office shall

regularly collect and provide for the recycling of the recyclable

materials collected.

24. Encourage and promote farmers' markets which offer for sale farm

and food products, as such terms are defined in section two hundred

sixty of the agriculture and markets law, at state parks when such

farmers' market does not harm the natural environment or integrity of

the park. Such promotion shall include but not be limited to:

(a) posting information on the office's website pertaining to

locations and times of operation for such farmers' markets held in state

parks;

(b) identifying opportunities to expand farmers' markets to additional

state park locations; and

(c) coordinating with other state agencies, including but not limited

to empire state development and the department of agriculture and

markets, to further the goals of this subdivision.