S T A T E O F N E W Y O R K
________________________________________________________________________
6487
2011-2012 Regular Sessions
I N A S S E M B L Y
March 21, 2011
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the public lands law, in relation to requiring a party
to provide for the replacement of trees removed for purposes relating
to mining
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 83 of the public lands law, as
amended by chapter 643 of the laws of 1962, is amended to read as
follows:
1. Nothing contained in this article shall affect any right hereto-
fore granted by special act of the legislature nor affect the terms of
any consent heretofore given by the commissioner of general services to
persons having discovered deposits of minerals but any such person shall
upon the taking effect of this act be otherwise subject to and bound by
the provisions of this article; nor give any person a right to enter
upon or break up the lands of any other persons, or of the state, or to
work any mine in such lands, unless and until there shall have been
recorded in the office of the clerk of the county in which such lands
are located or of the register, if the recording officer in such county
is a register, the written and duly acknowledged consent of the owner
thereof, or when the lands belong to the state, a certified copy of the
consent given by the commissioner pursuant to subdivision two of section
eighty-one of this article, upon such terms and conditions as such owner
or said commissioner, as the case may be, may make and specify in such
consent. Permission to erect buildings for working mines upon state
lands may be given by the commissioner, when such commissioner is satis-
fied that the erection or occupation of such buildings will not be
detrimental to the interests of the state. Nothing in this article shall
authorize any person working a mine upon state lands to cut or destroy
any timber whatever except such trees as it may be actually necessary to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08883-01-1
A. 6487 2
remove in order to uncover or to erect structures upon or make a road to
such mine, or to provide space for such buildings and for mine tailings
and the like. For each tree measuring four inches or more in diameter at
a height of one foot from the ground, which shall be so cut, the party
operating the mine shall PLANT A REPLACEMENT TREE OR SHALL pay into the
state treasury [the] A sum of [one dollar] MONEY FOR THE PLANTING OF
TREES IN AN AMOUNT EQUIVALENT TO THE FAIR MARKET VALUE OF EACH TREE SO
REMOVED.
S 2. This act shall take effect immediately.