Senate Bill S8835

2017-2018 Legislative Session

Authorizes the commissioner of general services, with the consent of the commissioner of environmental conservation, to designate certain areas for recreational mineral extraction

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2018	referred to investigations and government operations

2017-S8835 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Lands Law
Laws Affected:: Amd §81, Pub Lds L; amd §233, Ed L

2017-S8835 (ACTIVE) - Summary

Authorizes the commissioner of general services, with the consent of the commissioner of environmental conservation, to designate certain areas for recreational mineral extraction.

2017-S8835 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8835

SPONSOR: VALESKY
 
TITLE OF BILL:  An act to amend the public lands law and the education
law, in relation to the designation of certain lands for recreational
mineral extraction

 
PURPOSE:

Authorizes the commissioner of the office of general services, with the
consent of the commissioner of environmental conservation, to designate
certain areas for recreational mineral extraction

 
SUMMARY OF PROVISIONS:

Section one authorizes the commissioner of the office of general
services, with the consent of the commissioner of environmental conser-
vation, to designate certain areas for recreational mineral extraction.

Section two provides for an exemption in the education law that prohib-
its excavation, investigation, removal of anything of interest for the

authorization in section one.

Section three provides the effective date: immediately.

 
EXISTING LAW:

Current law provides that no person shall investigate, excavate, remove,
injure, appropriate or destroy any object of archaeological, historical,
cultural, social, scientific or paleontological interest, situated on,
in or under lands owned by the state of New York, without the written
permission of the commissioner of education.

 
JUSTIFICATION:

Gold prospecting can be traced back into early American history. It was
a lifestyle many in early America lead, in which the American dream was
possible. In the twenty first century, the purpose for gold prospecting
has changed. In an effort to continue a connection with our natural
world, other states have maintained regulated allowances for small gold
prospecting. Allowing enthusiasts young and old to hike into the
protected wildernesses, wade into rivers, and see what they might find.
An activity in which generations can connect, gold prospecting fits
within the many permissible natural activities New York residents enjoy
in the great wildernesses we are proud of in our State. This bill simply
provides for the Office of General Services, in consultation with the
Commissioner of Environmental Conservation, to designate areas for
recreational mineral extraction, being sure not to allow harm to the
natural environment or disturbing the ecology surrounding environment.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2017-S8835 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8835
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  Subdivision  2  of section 81 of the public lands law, as
 amended by chapter 643 of the laws  of  1962,  is  amended  to  read  as
 follows:
   2. (A) The commissioner of general services may, upon written applica-
 tion  by  any  citizen  of  the United States, issue to such applicant a
 permit, consent, or lease of such duration as the commissioner may  deem
 advisable,  upon  such  terms  and  conditions as the commissioner shall
 determine, to enter upon state lands, for the purpose of  exploring  for
 mines  and  minerals  or  for  the purpose of breaking up such lands and
 working any mine or extracting any mineral in such lands.
   In the case of state lands other than unappropriated state lands,  the
 state  department, agency, commission or institution having jurisdiction
 over such lands shall receive notice from the commissioner of any appli-
 cation to explore, break-up or mine, and shall have a period of not less
 than thirty days to report thereon in writing to the  commissioner,  and
 no  permit,  consent or lease shall be issued until such report has been
 received or the thirty day period has expired, and shall not  be  effec-
 tive until approved by the governor.
   (B)  THE  COMMISSIONER  OF  GENERAL  SERVICES, WITH THE CONSENT OF THE
 COMMISSIONER OF ENVIRONMENTAL CONSERVATION, MAY DESIGNATE CERTAIN  AREAS
 FOR  RECREATIONAL MINERAL EXTRACTION. NO DESIGNATION SHALL BE MADE WHICH
 WILL HARM  THE  NATURAL  ENVIRONMENT  OR  DISTURB  THE  ECOLOGY  OF  THE
 SURROUNDING  ENVIRONMENT.  ANY SUCH DESIGNATION SHALL PROMOTE THE ENJOY-
 MENT OF THE  NATURAL  ENVIRONMENT.  THE  COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION  MAY  DETERMINE  THE  TIME,  MANNER,  AND SCOPE OF ANY SUCH
 RECREATIONAL  MINERAL  EXTRACTION.  THE  COMMISSIONER  OF  ENVIRONMENTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14266-02-8

 S. 8835                             2
 
 CONSERVATION SHALL NOT PERMIT ANY MINERAL EXTRACTION THAT WOULD EXCEED A
 DE  MINIMIS  AMOUNT.  THE  COMMISSIONER OF ENVIRONMENTAL CONSERVATION IS
 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS  NECESSARY  TO  IMPLEMENT
 THE PROVISIONS OF THIS PARAGRAPH.
   §  2. Subdivision 4 of section 233 of the education law, as amended by
 chapter 593 of the laws of 2008, is amended to read as follows:
   4. Except as otherwise provided in subdivision three of this  section,
 no  person  shall  investigate, excavate, remove, injure, appropriate or
 destroy any object  of  archaeological,  historical,  cultural,  social,
 scientific  or  paleontological interest, situated on, in or under lands
 owned by the state of New York, without the written  permission  of  the
 commissioner  [of education] EXCEPT AS PROVIDED IN SECTION EIGHTY-ONE OF
 THE PUBLIC LANDS LAW.  A violation of this provision shall constitute  a
 class  A misdemeanor. The attorney general, either independently or upon
 referral from a state agency, shall seek civil  and/or  criminal  prose-
 cution,  civil and/or criminal penalties and any other relief, including
 but not limited to seizure and forfeiture of the appropriate items,  and
 forfeiture of the instrumentalities of the unauthorized actions on state
 lands.  The discovery of any such objects shall be forthwith reported to
 the commissioner by the state department or agency  having  jurisdiction
 over such lands.
   § 3. This act shall take effect immediately.

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Senate Bill S8835

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2017-S8835 (ACTIVE) - Details

2017-S8835 (ACTIVE) - Summary

2017-S8835 (ACTIVE) - Sponsor Memo

2017-S8835 (ACTIVE) - Bill Text download pdf

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Sponsored By

David J. Valesky

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2017-S8835 (ACTIVE) - Details

2017-S8835 (ACTIVE) - Summary

2017-S8835 (ACTIVE) - Sponsor Memo

2017-S8835 (ACTIVE) - Bill Text download pdf

Comments