assembly Bill A8250

2021-2022 Legislative Session

Establishes a right of first refusal in the state for federal public land to be transferred

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to governmental operations
Aug 25, 2021 referred to governmental operations

A8250 (ACTIVE) - Details

See Senate Version of this Bill:
S1822
Law Section:
Public Lands Law
Laws Affected:
Add §21-a, Pub Lds L; add §291-k, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8797, S7869
2019-2020: S1729

A8250 (ACTIVE) - Summary

Establishes a right of first refusal in the state for federal public land to be transferred to private parties; prohibits the recording of any deeds for lands that have been transferred out of federal ownership to private ownership without giving the state the right of first refusal.

A8250 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8250
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public lands law,  in  relation  to  establishing  a
   right  of  first  refusal  in  the state for federal public land to be
   transferred; and to amend the real property law, in relation to estab-
   lishing the manner in which documents regarding federal lands shall be
   recorded
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public  lands law is amended by adding a new section
 21-a to read as follows:
   § 21-A. CONVEYANCE OF FEDERAL LANDS. 1. FOR PURPOSES OF THIS  SECTION,
 THE FOLLOWING TERMS APPLY:
   A.  "CONSERVATION  PLAN"  MEANS  A HABITAT CONSERVATION PLAN DEVELOPED
 PURSUANT TO SECTION 10 OF THE FEDERAL ENDANGERED SPECIES ACT OF 1973 (16
 U.S.C. SEC. 1539) AND ITS IMPLEMENTING REGULATIONS, AS THE  FEDERAL  ACT
 AND REGULATIONS EXIST AS OF THE FIRST OF JANUARY, TWO THOUSAND TWENTY.
   B.  "CONVEYANCE"  INCLUDES  ANY  METHOD,  INCLUDING  SALE, DONATION OR
 EXCHANGE, BY WHICH ALL OR A PORTION OF THE RIGHT, TITLE, AND INTEREST OF
 THE UNITED STATES IN AND TO FEDERAL LANDS LOCATED IN THE STATE IS TRANS-
 FERRED TO ANOTHER ENTITY.
   C. "FEDERAL PUBLIC LAND" MEANS ANY  LAND  OWNED  AND  MANAGED  BY  THE
 UNITED  STATES,  INCLUDING THE SURFACE ESTATE, THE SUBSURFACE ESTATE, OR
 ANY IMPROVEMENT ON THOSE ESTATES, WHICH IS OWNED AND MANAGED BY THE FISH
 AND WILDLIFE SERVICE, THE FOREST SERVICE AND THE NATIONAL PARK SERVICE.
   D. "INFRASTRUCTURE" MEANS ANY DEVELOPMENT OR CONSTRUCTION THAT IS  NOT
 ON OR APPURTENANT TO THE FEDERAL PUBLIC LAND AT THE TIME OF TRANSFER.
   2. A. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW, IT IS THE POLICY
 OF THE STATE TO DISCOURAGE CONVEYANCES THAT TRANSFER OWNERSHIP OF FEDER-
 AL PUBLIC LANDS IN THE STATE FROM THE FEDERAL GOVERNMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05650-01-1