Bill Text: NY S08835 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes the commissioner of general services, with the consent of the commissioner of environmental conservation, to designate certain areas for recreational mineral extraction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-23 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08835 Detail]
Download: New_York-2017-S08835-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8835 IN SENATE May 23, 2018 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the public lands law and the education law, in relation to the designation of certain lands for recreational mineral extraction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 81 of the public lands law, as 2 amended by chapter 643 of the laws of 1962, is amended to read as 3 follows: 4 2. (a) The commissioner of general services may, upon written applica- 5 tion by any citizen of the United States, issue to such applicant a 6 permit, consent, or lease of such duration as the commissioner may deem 7 advisable, upon such terms and conditions as the commissioner shall 8 determine, to enter upon state lands, for the purpose of exploring for 9 mines and minerals or for the purpose of breaking up such lands and 10 working any mine or extracting any mineral in such lands. 11 In the case of state lands other than unappropriated state lands, the 12 state department, agency, commission or institution having jurisdiction 13 over such lands shall receive notice from the commissioner of any appli- 14 cation to explore, break-up or mine, and shall have a period of not less 15 than thirty days to report thereon in writing to the commissioner, and 16 no permit, consent or lease shall be issued until such report has been 17 received or the thirty day period has expired, and shall not be effec- 18 tive until approved by the governor. 19 (b) The commissioner of general services, with the consent of the 20 commissioner of environmental conservation, may designate certain areas 21 for recreational mineral extraction. No designation shall be made which 22 will harm the natural environment or disturb the ecology of the 23 surrounding environment. Any such designation shall promote the enjoy- 24 ment of the natural environment. The commissioner of environmental 25 conservation may determine the time, manner, and scope of any such 26 recreational mineral extraction. The commissioner of environmental EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14266-02-8S. 8835 2 1 conservation shall not permit any mineral extraction that would exceed a 2 de minimis amount. The commissioner of environmental conservation is 3 authorized to promulgate rules and regulations necessary to implement 4 the provisions of this paragraph. 5 § 2. Subdivision 4 of section 233 of the education law, as amended by 6 chapter 593 of the laws of 2008, is amended to read as follows: 7 4. Except as otherwise provided in subdivision three of this section, 8 no person shall investigate, excavate, remove, injure, appropriate or 9 destroy any object of archaeological, historical, cultural, social, 10 scientific or paleontological interest, situated on, in or under lands 11 owned by the state of New York, without the written permission of the 12 commissioner [of education] except as provided in section eighty-one of 13 the public lands law. A violation of this provision shall constitute a 14 class A misdemeanor. The attorney general, either independently or upon 15 referral from a state agency, shall seek civil and/or criminal prose- 16 cution, civil and/or criminal penalties and any other relief, including 17 but not limited to seizure and forfeiture of the appropriate items, and 18 forfeiture of the instrumentalities of the unauthorized actions on state 19 lands. The discovery of any such objects shall be forthwith reported to 20 the commissioner by the state department or agency having jurisdiction 21 over such lands. 22 § 3. This act shall take effect immediately.