S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9220
 
                             I N  S E N A T E
 
                                May 6, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the "Great Swamp protection act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The environmental conservation law is amended by  adding  a
 new article 59 to read as follows:
                                 ARTICLE 59
                        GREAT SWAMP PROTECTION ACT
 SECTION 59-0101. SHORT TITLE.
         59-0103. LEGISLATIVE DECLARATION.
         59-0105. LEGISLATIVE FINDINGS AND INTENT.
         59-0107. DEFINITIONS.
         59-0109. GREAT SWAMP RESERVE COMMISSION.
         59-0111. DUTIES OF THE COMMISSION.
         59-0113. COMPREHENSIVE LAND USE AND MANAGEMENT PLAN.
         59-0115.  IMPLEMENTATION  OF  THE GREAT SWAMP COMPREHENSIVE LAND
                    USE AND MANAGEMENT PLAN.
         59-0117. DEDICATIONS TO THE GREAT  SWAMP  PRESERVE;  LEGISLATIVE
                    PROTECTION.
         59-0119. GREAT SWAMP ADVISORY COMMITTEE.
         59-0121. LIMITATIONS  ON  REGULATION  OF  HUNTING,  FISHING  AND
                    RECREATIONAL  ACTIVITIES;  NONREGULATION  OF  FEDERAL
                    CONSERVATION ACTIVITIES.
         59-0123. EFFECT ON OTHER LAWS.
         59-0125. JUDICIAL REVIEW.
         59-0127. SEVERABILITY.
 § 59-0101. SHORT TITLE.
   THIS  ARTICLE  SHALL  BE  KNOWN  AND  MAY BE CITED AS THE "GREAT SWAMP
 PROTECTION ACT".
 § 59-0103. LEGISLATIVE DECLARATION.
   THE LEGISLATURE HEREBY DECLARES IT TO BE IN  THE  PUBLIC  INTEREST  TO
 PROTECT  AND  MANAGE  THE  GREAT  SWAMP,  IN  THE COUNTY OF DUTCHESS AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09985-04-4
 S. 9220                             2
 
 PUTNAM, BY ESTABLISHING THE GREAT SWAMP RESERVE. IT IS  FURTHER  IN  THE
 PUBLIC  INTEREST TO ESTABLISH A COMMISSION MADE UP OF REPRESENTATIVES OF
 STATE, COUNTY, AND LOCAL GOVERNMENTS TO PREPARE A COMPREHENSIVE LAND USE
 AND  MANAGEMENT  PLAN  AND MAKE RECOMMENDATIONS TO PRESERVE, PROTECT AND
 ENHANCE THE NATURAL, RECREATIONAL, ECONOMIC AND  EDUCATIONAL  VALUES  OF
 THE REGION, WHICH THE STATE AND LOCAL GOVERNMENTS MAY ADOPT.
 § 59-0105. LEGISLATIVE FINDINGS AND INTENT.
   THE  LEGISLATURE HEREBY FINDS THAT THE COUNTIES OF DUTCHESS AND PUTNAM
 CONTAIN A WETLAND ECOSYSTEM OF STATEWIDE IMPORTANCE KNOWN AS  THE  GREAT
 SWAMP.
   THE  LEGISLATURE FINDS THAT WITHIN THE GREAT SWAMP THE FEDERAL, STATE,
 COUNTY AND LOCAL GOVERNMENTS OWN AND MANAGE  SIGNIFICANT  PROPERTIES  IN
 THE  FORM  OF PARKS, PRESERVES, HISTORIC SITES AND PROTECTED OPEN SPACE,
 WHERE THERE IS AN INTERDEPENDENT  AND  RECIPROCAL  RELATIONSHIP  BETWEEN
 HUMAN  ACTIVITIES  AND NATURAL PROCESSES, AND WHERE FISHING, AGRICULTURE
 AND TOURISM HAVE BEEN  THE  DOMINANT  INDUSTRIES  FOR  MORE  THAN  THREE
 HUNDRED FIFTY YEARS.
   THE  LEGISLATURE FINDS THAT THE GREAT SWAMP, AN AREA ENCOMPASSING OVER
 SIX THOUSAND ACRES IN THE COUNTIES OF DUTCHESS AND PUTNAM, IS  OF  CRIT-
 ICAL  IMPORTANCE  TO  THE STATE BECAUSE IT IS A WETLAND COMPRISED OF TWO
 CRITICAL WATERSHEDS.  THE GREAT SWAMP IS  INTERCONNECTED  BY  THE  SWAMP
 RIVER  AND THE EAST BRANCH CROTON RIVER, AND THE ECOLOGIC AND HYDROLOGIC
 INTEGRITY OF THIS SYSTEM MUST BE PROTECTED.
   THE LEGISLATURE ALSO FINDS THAT THE GREAT SWAMP CONTAINS  ONE  OF  THE
 GREATEST  CONCENTRATIONS  AND  DIVERSITIES OF ENDANGERED, THREATENED AND
 SPECIAL CONCERN SPECIES OF PLANTS AND ANIMALS TO BE FOUND IN THE  STATE,
 AND  THAT  PROTECTION  OF  THEIR HABITATS IS IN THE BEST INTEREST OF THE
 PEOPLE OF NEW YORK. THE LEGISLATURE FURTHER FINDS THAT THE  GREAT  SWAMP
 CONTAINS  MANY  OTHER UNIQUE NATURAL, AGRICULTURAL, HISTORICAL, CULTURAL
 AND RECREATIONAL RESOURCES THAT ARE MUTUALLY SUPPORTIVE  AND  ULTIMATELY
 DEPENDENT  UPON  MAINTENANCE OF THE HYDROLOGIC AND ECOLOGIC INTEGRITY OF
 THIS REGION.
   THEREFORE, THE LEGISLATURE FINDS THAT THE PURPOSE OF THIS  ARTICLE  IS
 TO  ALLOW THE STATE AND LOCAL GOVERNMENTS TO PROTECT, PRESERVE AND PROP-
 ERLY MANAGE THE UNIQUE NATURAL RESOURCES  OF  THE  GREAT  SWAMP  AND  TO
 ENCOURAGE  COORDINATION  OF EXISTING PROGRAMS AND STUDIES AFFECTING LAND
 AND WATER RESOURCES IN THE REGION AND TO PROTECT THE VALUE OF THE EXIST-
 ING PUBLIC AND PRIVATE INVESTMENT THAT HAS ALREADY BEEN MADE TO  ACQUIRE
 LAND IN THE REGION.
   THE  LEGISLATURE  FURTHER  FINDS THAT A PORTION OF THE SYSTEM KNOWN AS
 THE GREAT SWAMP AREA REQUIRES THE PREPARATION AND  IMPLEMENTATION  OF  A
 STATE  SUPPORTED  COMPREHENSIVE  LAND  USE AND MANAGEMENT PLAN THAT WILL
 ASSIST IN THE PRESERVATION OF THE CORE PRESERVATION AREA, PROTECTION  OF
 THE  GREAT SWAMP AREA AND FOR THE DESIGNATION OF COMPATIBLE GROWTH AREAS
 TO ACCOMMODATE APPROPRIATE PATTERNS OF REGIONAL GROWTH WITH  RECOGNITION
 OF  THE RIGHTS OF PRIVATE LAND OWNERS AND THE PURPOSE OF PRESERVATION OF
 THE CORE AREA.
 § 59-0107. DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
   1. "COMMISSION" SHALL MEAN THE GREAT SWAMP RESERVE COMMISSION  CREATED
 BY SECTION 59-0109 OF THIS ARTICLE.
   2.  "GREAT  SWAMP  PRESERVE" OR "PRESERVE" SHALL MEAN LANDS WITHIN THE
 GREAT SWAMP RESERVE THAT ARE CRITICAL TO THE PROTECTION OF THE HYDROLOG-
 IC AND ECOLOGIC INTEGRITY OF THE REGION INCLUDING LAND CHARACTERIZED  BY
 A  GROUP  OF  THREATENED  SPECIES WHICH ARE DEDICATED FOR PROTECTION AND
 BENEFICIAL PUBLIC USE PURSUANT TO SECTION 59-0117 OF THIS ARTICLE. LANDS
 S. 9220                             3
 
 WHICH ARE NOT DEEMED CRITICAL  MAY  BE  DEDICATED  PURSUANT  TO  SECTION
 59-0115  OF  THIS ARTICLE AS A PROTECTIVE OR BUFFER ZONE FOR OTHER DEDI-
 CATED LANDS, OR TO OTHERWISE SUPPORT THE MANAGEMENT OF THE PRESERVE.
   3.  "PLAN"  SHALL  MEAN THE COMPREHENSIVE LAND USE AND MANAGEMENT PLAN
 CREATED PURSUANT TO SECTION 59-0113 OF THIS ARTICLE.
   4. "RESERVE" SHALL MEAN A REGION IN WHICH THERE IS  A  COMBINATION  OF
 PUBLICLY  AND PRIVATELY OWNED LANDS AND LAND USES, WITHIN A DEFINED AREA
 WHERE THERE ARE TRADITIONAL  CULTURAL  PATTERNS  INCLUDING  AGRICULTURE,
 TOURISM  AND  GENERAL COMMERCIAL AND RESIDENTIAL USES WHICH DUE TO THEIR
 PATTERN AND CONFIGURATION, AND BECAUSE OF THE NEED FOR SUSTAINED PRODUC-
 TIVITY COULD BEST BE PROTECTED AND MANAGED THROUGH THE DEVELOPMENT OF  A
 COMPREHENSIVE  MANAGEMENT  PLAN AROUND A PRESERVE OF PROTECTED, PUBLICLY
 OWNED LANDS AND/OR PRIVATELY OWNED LAND DEDICATED FOR SUCH PURPOSES.
   5. "ADVISORY COMMITTEE" SHALL MEAN THE GREAT SWAMP ADVISORY  COMMITTEE
 TO  THE COMMISSION ESTABLISHED PURSUANT TO SECTION 59-0119 OF THIS ARTI-
 CLE.
   6. "AGRICULTURE" OR "HORTICULTURE" SHALL MEAN ANY PRODUCTION OF PLANTS
 OR ANIMALS USEFUL TO MAN, INCLUDING BUT NOT LIMITED TO:  FORAGE  OR  SOD
 CROPS;  GRAINS AND FEED CROPS; DAIRY ANIMALS AND DAIRY PRODUCTS; POULTRY
 AND POULTRY PRODUCTS; LIVESTOCK, INCLUDING BEEF  CATTLE,  SHEEP,  SWINE,
 HORSES,  PONIES,  MULES OR GOATS, AND INCLUDING THE BREEDING AND GRAZING
 OF ANY OR ALL OF SUCH ANIMALS; BEES AND APIARY  PRODUCTS;  FUR  ANIMALS;
 TREES AND FOREST PRODUCTS; FRUITS OF ALL KINDS INCLUDING WINERIES; VEGE-
 TABLES;  NURSERY,  FLORAL,  ORNAMENTAL AND GREENHOUSE PRODUCTS AND FARM-
 STANDS FOR SELLING PRODUCTS RAISED OR PRODUCED ON SITE AND OTHER ASSOCI-
 ATED STRUCTURES REQUIRED FOR THEIR PRODUCTION.
 § 59-0109. GREAT SWAMP RESERVE COMMISSION.
   1. UPON THE ADOPTION OF THE GREAT SWAMP  COMPREHENSIVE  LAND  USE  AND
 MANAGEMENT  PLAN THE GREAT SWAMP RESERVE COMMISSION SHALL BE ESTABLISHED
 WITHIN THE DEPARTMENT TO HELP LOCAL GOVERNMENTS AND THE STATE COORDINATE
 THE EFFORTS  OF  ALL  MUNICIPAL,  COUNTY,  STATE  AND  FEDERAL  AGENCIES
 INVOLVED IN THE MANAGEMENT OF THE PRESERVE AND TO OVERSEE THE COMPREHEN-
 SIVE LAND USE AND MANAGEMENT PLAN FOR THE GREAT SWAMP RESERVE THAT STATE
 AND LOCAL GOVERNMENTS MAY ADOPT.
   2.  THE  COMMISSION  SHALL BE COMPOSED OF THIRTEEN VOTING MEMBERS. THE
 GOVERNOR SHALL APPOINT TWO MEMBERS. THE COUNTY EXECUTIVE OF  THE  COUNTY
 OF  PUTNAM, WITH THE ADVICE AND CONSENT OF THE COUNTY LEGISLATURE, SHALL
 APPOINT TWO MEMBERS AND THE COUNTY EXECUTIVE OF THE COUNTY  OF  DUTCHESS
 WITH  THE ADVICE AND CONSENT OF THE COUNTY LEGISLATURE SHALL APPOINT TWO
 MEMBERS. THE TOWN SUPERVISORS OF THE TOWNS OF DOVER, PAWLING,  PATTERSON
 AND  SOUTHEAST  OR  SUCH  TOWN  SUPERVISORS'  DESIGNEES  SHALL  SERVE AS
 MEMBERS. THE COMMISSIONER OR THEIR DESIGNEE, THE SECRETARY OF  STATE  OR
 THEIR  DESIGNEE,  AND  THE COMMISSIONER OF ECONOMIC DEVELOPMENT OR THEIR
 DESIGNEE FOR PURPOSES OF TOURISM SHALL SERVE AS EX-OFFICIO MEMBERS.  ALL
 MEMBERS, EXCEPT EX-OFFICIO MEMBERS SHALL BE RESIDENTS OF THE COUNTIES OF
 DUTCHESS  AND  PUTNAM AND SHALL HAVE DEMONSTRATED EXPERTISE IN THE FUNC-
 TIONAL AREAS TO BE ADDRESSED BY THE COMMISSION. ALL INITIAL APPOINTMENTS
 SHALL BE MADE WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF  THIS  ARTICLE.
 THE  CHIEF  EXECUTIVE OFFICER OF ANY OTHER STATE AGENCY MAY BE CALLED TO
 SERVE AS AN EX-OFFICIO MEMBER IF DEEMED NECESSARY BY THE DEPARTMENT.
   3. MEMBERS OF THE COMMISSION SHALL SERVE FOR A TERM OF  TWO  YEARS  OR
 THEREAFTER UNTIL A SUCCESSOR IS APPOINTED. A CHAIRPERSON SHALL BE DESIG-
 NATED BY THE GOVERNOR. THE COMMISSION SHALL ELECT A VICE-CHAIRPERSON AND
 SUCH OTHER OFFICERS AS IT MAY DETERMINE ARE NECESSARY FOR THE CONDUCT OF
 ITS DUTIES.
 S. 9220                             4
 
   4. TEN MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.  AN AFFIR-
 MATIVE  VOTE  OF NINE OR MORE MEMBERS SHALL BE REQUIRED TO PASS A RESOL-
 UTION OR OTHERWISE EXERCISE ANY FUNCTIONS OR POWERS OF  THE  COMMISSION,
 EXCEPT  THE  ADOPTION OF THE PLAN WHICH REQUIRES A UNANIMOUS VOTE OF THE
 COMMISSION.
   5. THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION.
   6.  EVERY  LOCAL  OR  REGIONAL  AGENCY WITH ACTIVITIES RELATING TO THE
 GREAT SWAMP AREA MAY OFFER ASSISTANCE TO THE COMMISSION IN CARRYING  OUT
 THE PROVISIONS OF THIS ARTICLE.
 § 59-0111. DUTIES OF THE COMMISSION.
   THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1.  TO ENFORCE AND ENSURE IMPLEMENTATION OF THE COMPREHENSIVE LAND USE
 AND MANAGEMENT PLAN, WITH THE ADVICE OF THE ADVISORY COMMITTEE;
   2. TO CONDUCT SCIENTIFIC AND ENVIRONMENTAL STUDIES;
   3. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER  INSTRUMENTS  NECESSARY
 OR  CONVENIENT  FOR  THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS
 ARTICLE;
   4. TO ESTABLISH AND MAINTAIN SUCH FACILITIES AS MAY BE  NECESSARY  FOR
 THE TRANSACTING OF ITS BUSINESS;
   5.  TO  APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, EMPLOYEES, AND
 PRESCRIBE THEIR DUTIES AND QUALIFICATIONS AND FIX THEIR COMPENSATION;
   6. TO REVIEW AND APPROVE PROPOSED DEDICATIONS OF LANDS  TO  THE  GREAT
 SWAMP PRESERVE AND RECOMMEND ADDITIONAL DEDICATIONS TO SUCH PRESERVE;
   7. TO UTILIZE TO THE FULLEST EXTENT PRACTICABLE, THE STAFF AND FACILI-
 TIES  OF  STATE AGENCIES, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
 BUDGET, AND LOCAL AGENCIES TO CARRY OUT THE PROVISIONS OF THIS ARTICLE;
   8. TO HOLD PUBLIC HEARINGS IN THE EXERCISE OF ITS  POWERS,  FUNCTIONS,
 AND DUTIES PROVIDED FOR BY THIS ARTICLE;
   9.  TO CONTRACT WITHIN AMOUNTS APPROPRIATED FOR OR OTHERWISE AVAILABLE
 FOR PROFESSIONAL AND TECHNICAL ASSISTANCE OR ADVICE;
   10. TO MEET NOT LESS THAN ONCE EVERY TWO MONTHS BEGINNING THIRTY  DAYS
 AFTER  THE  ENACTMENT  OF  THIS  SECTION, FOLLOWING PUBLIC NOTICE BY THE
 COUNTIES OF DUTCHESS AND PUTNAM, AND TO ENCOURAGE THE ATTENDANCE AT SUCH
 MEETINGS OF REPRESENTATIVES OF LOCAL GOVERNMENTS AND INTERESTED  PARTIES
 AFFECTED BY THE DELIBERATIONS OF THE COMMISSION;
   11.  TO  SEND  COPIES  OF THE MINUTES OF EACH MEETING TO EACH TOWN AND
 VILLAGE WITHIN THE GREAT SWAMP RESERVE, THE MEMBERS OF THE ASSEMBLY  AND
 SENATORS  REPRESENTING  SUCH  AREA  AND  ANY OTHER INTERESTED PARTY UPON
 REQUEST;
   12. TO ESTABLISH AND MAINTAIN AN EDUCATION AND  OUTREACH  PROGRAM,  IN
 PARTNERSHIP  WITH  THE ADVISORY COMMITTEE, AND INCLUDING BUT NOT LIMITED
 TO MAINTAINING A PUBLIC WEBSITE RELATING TO THE COMMISSION'S WORK;
   13. TO ENCOURAGE INDIVIDUALS, CORPORATIONS,  ASSOCIATIONS  AND  PUBLIC
 ENTITIES  TO  PROTECT  AND  PRESERVE THE UNIQUE RESOURCES OF THE RESERVE
 INCLUDING THE PRESERVE;
   14. TO CONTRACT FOR AND TO ACCEPT ASSISTANCE, INCLUDING BUT NOT LIMIT-
 ED TO GIFTS, EASEMENTS OR LOANS OF FUNDS OR REAL  PROPERTY  OR  PERSONAL
 PROPERTY  FROM  THE  FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY
 THEREOF, OR FROM ANY AGENCY OR INSTRUMENTALITY OF THE STATE, OR FROM ANY
 OTHER PUBLIC OR PRIVATE SOURCE AND TO COMPLY, SUBJECT TO THE  PROVISIONS
 OF  THIS  ARTICLE, WITH THE TERMS AND CONDITIONS THEREOF, SUBJECT TO THE
 APPROVAL OF THE DIVISION OF THE BUDGET. NOTWITHSTANDING  THE  PROVISIONS
 OF  SECTION  ELEVEN  OF THE STATE FINANCE LAW, THE COMMISSION MAY ACCEPT
 GIFTS, GRANTS, DEVISES AND BEQUESTS,  WHETHER  CONDITIONAL  OR  UNCONDI-
 TIONAL, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET;
   15. TO SUE AND BE SUED;
 S. 9220                             5

   16.  TO  ASSIST  LOCAL, COUNTY, AND STATE GOVERNMENT IN PRIORITIZATION
 AND NEGOTIATION WITH PRIVATE LANDOWNERS WHOSE PROPERTY  IS  AFFECTED  BY
 THE LAND USE PLAN, TO EVALUATE THE IMPACT OF ANY RESTRICTIONS AND DEVEL-
 OP A PACKAGE OF BENEFITS;
   17.  TO  ADOPT,  AMEND AND REPEAL, AFTER PUBLIC HEARING, EXCEPT IN THE
 CASE OF RULES AND REGULATIONS THAT RELATE TO THE ORGANIZATION OR  INTER-
 NAL MANAGEMENT OF THE COMMISSION, SUCH RULES AND REGULATIONS, CONSISTENT
 WITH  THIS ARTICLE, AS IT DEEMS NECESSARY TO ADMINISTER THIS ARTICLE AND
 EXERCISE POWERS GRANTED BY LAW;
   18. TO PROVIDE SCIENTIFIC AND TECHNICAL ASSISTANCE OR TO  MAKE  GRANTS
 TO  MUNICIPALITIES, TOWNS, AND COUNTIES FOR REVISIONS OF LOCAL PLANS, OR
 THE RELEVANT ORDINANCES DESIGNED TO BRING SUCH  PLANS  INTO  CONFORMANCE
 WITH  THE COMPREHENSIVE LAND USE AND MANAGEMENT PLAN. THE COMMISSION MAY
 MAKE SUCH GRANTS FROM ANY FUNDS WHICH MAY BE APPROPRIATED  OR  OTHERWISE
 MADE AVAILABLE TO IT FOR SUCH PURPOSE;
   19. TO CONVENE CONFERENCES, SEMINARS, MEETINGS, AND TECHNICAL SESSIONS
 ON  ITS  OWN  OR  IN  COORDINATION WITH FEDERAL, STATE, COUNTY, TOWN, OR
 PRIVATE ORGANIZATIONS AS DEEMED NECESSARY RELATIVE TO  ITS  RESPONSIBIL-
 ITIES;
   20.  TO REPORT PERIODICALLY TO THE GOVERNOR AND THE LEGISLATURE ON THE
 CONDUCT OF ITS ACTIVITIES NOT LESS THAN ONCE A YEAR, FURNISHING  A  COPY
 OF  EACH  SUCH  REPORT  TO THE LEGISLATIVE BODIES OF DUTCHESS AND PUTNAM
 COUNTIES AND THE TOWNS AND VILLAGES IN WHOLE OR IN PART WITHIN THE GREAT
 SWAMP AREA; AND
   21. TO HAVE AND EXERCISE SUCH OTHER INCIDENTAL AND USUAL POWERS AS ARE
 NECESSARY AND APPROPRIATE TO CARRY OUT ITS DUTIES.
 § 59-0113. COMPREHENSIVE LAND USE AND MANAGEMENT PLAN.
   1. THE DEPARTMENT SHALL, AFTER HOLDING PUBLIC  HEARINGS,  PREPARE  AND
 ADOPT  A  COMPREHENSIVE LAND USE AND MANAGEMENT PLAN FOR THE GREAT SWAMP
 RESERVE, WHICH THE STATE AND LOCAL GOVERNMENTS MAY  ADOPT.    SUCH  PLAN
 SHALL  BE  DRAFTED  IN  CONSULTATION  WITH  APPROPRIATE OFFICIALS OF ANY
 REGIONAL, STATE, OR FEDERAL AGENCY WHICH HAS JURISDICTION OVER LANDS AND
 WATERS WITHIN THE  GREAT  SWAMP  AREA,  AND  ANY  ADDITIONAL  INTERESTED
 PROFESSIONAL,  SCIENTIFIC, AND CITIZENS' ORGANIZATIONS.  SUCH PLAN SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) A STATEMENT OF THE PUBLIC VALUES  OF  THE  AREA,  INCLUDING  THEIR
 EDUCATIONAL,  ECOLOGICAL  AND  HYDROLOGICAL  VALUES,  TOGETHER  WITH THE
 GENERAL GOALS AND POLICIES WHICH WILL  BEST  PROTECT  AND  ENHANCE  SUCH
 VALUES;
   (B)  A  MAP OF THE AREA, DELINEATING THE BOUNDARIES OF THE GREAT SWAMP
 RESERVE;
   (C) A BRIEF AND GENERAL HISTORICAL OVERVIEW REGARDING THE LANDS OF THE
 GREAT SWAMP RESERVE;
   (D) AN INVENTORY OF ALL PUBLIC LANDS AND LANDS  AVAILABLE  FOR  PUBLIC
 USE WITHIN THE GREAT SWAMP RESERVE SPECIFYING USE, FACILITIES FOR PUBLIC
 USE, AND THE MANAGEMENT AGENCY WITH JURISDICTION OVER THE PROPERTY;
   (E)  MANAGEMENT  GUIDELINES  FOR  THE  PRESERVATION,  RECREATIONAL AND
 EDUCATIONAL USE OF RESOURCES OF THE GREAT SWAMP RESERVE;
   (F) MANAGEMENT GUIDELINES FOR  PROTECTING  AND  SUPPORTING  INDIGENOUS
 ECONOMIC ACTIVITIES LIKE AGRICULTURE, RECREATION AND TOURISM;
   (G)  A  PLAN  FOR  PROTECTION AND MANAGEMENT FOR DEDICATED LAND IN THE
 GREAT SWAMP PRESERVE INCLUDING:
   (1) A SURVEY OR INVENTORY OF THE FOLLOWING, TOGETHER WITH  THE  ESTAB-
 LISHMENT OF MANAGEMENT PRIORITIES THEREFOR:
   (I) NATURAL PLANT AND WILDLIFE RESOURCES;
   (II) HISTORIC RESOURCES;
 S. 9220                             6

   (III) EROSION CONTROL NEEDS, STREAM AND WETLANDS PROTECTION;
   (IV) TRAILS, TRAIL DEVELOPMENT AND USE; AND
   (V) OTHER RECREATIONAL USES.
   (2)  RECOMMENDATIONS  FOR  INCENTIVES  PERTAINING TO PUBLIC USE ACTIV-
 ITIES, WHICH CAN BE IMPLEMENTED BY RULES AND REGULATIONS FOR THE  ADMIN-
 ISTRATION AND USE OF LANDS DEDICATED TO THE PRESERVE.
   (3)  RECOMMENDATIONS  FOR ACQUISITION OF OPEN SPACE SUITABLE FOR DEDI-
 CATION IN THE PRESERVE.
   (4)  RECOMMENDATIONS  FOR  INSTITUTIONAL  ARRANGEMENTS  TO  COORDINATE
 MANAGEMENT OF DEDICATED LAND HELD BY SEPARATE OWNERS;
   (H)  A  LOCAL  PARTICIPATION PLAN, WHICH DESCRIBES HOW LOCAL CITIZENS,
 OFFICIALS AND MEMBERS OF THE TOURISM AND  AGRICULTURAL  INDUSTRIES  WILL
 PARTICIPATE IN THE PLANNING AND IMPLEMENTATION OF THE MANAGEMENT PROGRAM
 AND  WHICH  CONTAINS A STATEMENT IDENTIFYING SUPPORT FOR SUCH PROGRAM BY
 THE PARTICIPATING LOCAL GOVERNMENTS; AND
   (I) A FINANCIAL STATEMENT ESTIMATING THE NECESSARY COSTS AND POTENTIAL
 FUNDING SOURCES TO CARRY OUT RECOMMENDATIONS IN THE STUDY OVER  A  FIVE-
 YEAR PERIOD AND THE BENEFITS THEREFROM.
   2.  A  DRAFT  PLAN  SHALL BE PREPARED AND MADE AVAILABLE TO THE PUBLIC
 DIGITALLY AND UPON REQUEST AND THE LOCAL GOVERNMENTS  WITHIN  THE  GREAT
 SWAMP RESERVE WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION
 AND  PRIOR TO ADOPTING THE PLAN.  THE DEPARTMENT SHALL HOLD PUBLIC MEET-
 INGS IN THE TOWNS OF DOVER, PAWLING, PATTERSON,  AND  SOUTHEAST  AND  AT
 LEAST  ONE  MEETING WITHIN THE GREAT SWAMP RESERVE. WITHIN TWO MONTHS OF
 THE DEPARTMENT RECOMMENDING THE PLAN TO THE RESPECTIVE TOWN BOARDS,  THE
 TOWN  BOARDS  SHALL PERFORM A COMPREHENSIVE REVIEW OF THE PLAN AND SHALL
 PROVIDE FINAL COMMENTS  TO  THE  DEPARTMENT.    THE  DEPARTMENT  AT  ITS
 DISCRETION MAY MODIFY THE PLAN AS REQUESTED BY THE TOWN REPRESENTATIVES.
 AFTER  MODIFYING  THE  PLAN AS NECESSARY, THE DEPARTMENT SHALL PREPARE A
 DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT  AND  A  FINAL
 GENERIC  ENVIRONMENTAL  IMPACT  STATEMENT,  AND THE TOWNS AND DEPARTMENT
 SHALL ADOPT THE NECESSARY STATEMENT OF FINDINGS PURSUANT TO ARTICLE 8 OF
 THIS CHAPTER. RATIFICATION AND ADOPTION OF THE PLAN BY THE  TOWN  BOARDS
 OF  DOVER,  PAWLING, PATTERSON, AND SOUTHEAST SHALL REPRESENT COMMITMENT
 TO IMPLEMENTATION OF THE PROVISIONS CONTAINED THEREIN. UPON RATIFICATION
 AND ADOPTION BY SUCH FOUR TOWNS, THE  DEPARTMENT  ITSELF  WILL  FORMALLY
 ADOPT THE PLAN AND ITS PROVISIONS SHALL BE IN FULL FORCE.
   3.  NOT  LESS  THAN  ONCE EVERY FIVE YEARS AFTER THE LAND USE PLAN HAS
 BECOME EFFECTIVE, THE COMMISSION, IN CONSULTATION WITH  THE  DEPARTMENT,
 SHALL  REVIEW  AND, IF APPROPRIATE, MAKE AMENDMENTS TO THE LAND USE PLAN
 AND UPDATE THE GENERIC IMPACT STATEMENT. WITHIN EACH  SUCH  PERIOD,  THE
 COMMISSION SHALL HOLD A PUBLIC HEARING AND SHALL RECEIVE COMMENTS ON THE
 EFFECTIVENESS  OF  IMPLEMENTATION OF THE PLAN. NOT LESS THAN THIRTY DAYS
 BEFORE VOTING ON AN AMENDMENT TO THE LAND USE PLAN, THE COMMISSION SHALL
 PUBLISH NOTICE THEREOF IN A NEWSPAPER  OF  GENERAL  CIRCULATION  IN  THE
 GREAT SWAMP AREA.
 §  59-0115. IMPLEMENTATION OF THE GREAT SWAMP COMPREHENSIVE LAND USE AND
              MANAGEMENT PLAN.
   1. FOR THE COUNTIES OF DUTCHESS AND PUTNAM, AND EACH TOWN  OR  VILLAGE
 IMPLEMENTING  REGULATIONS WHOLLY WITHIN THE GREAT SWAMP AREA APPROVED BY
 THE DEPARTMENT, THERE MAY BE DEFENSE BY AND SHALL BE INDEMNITY FROM  THE
 STATE  IN  THE EVENT OF LEGAL ACTIONS OR PROCEEDINGS BROUGHT AGAINST ANY
 SUCH MUNICIPALITIES OR THEIR AGENTS, SERVANTS,  OFFICIALS  OR  EMPLOYEES
 THAT  MAY  RESULT FROM THE MUNICIPAL ACQUISITION OF LAND CONSISTENT WITH
 THE LAND USE PLAN OR COMPREHENSIVE MANAGEMENT PLAN OR  THE  ADOPTION  OR
 IMPLEMENTATION  OF  ANY  LAND USE CONTROL INCLUDING, BUT NOT LIMITED TO,
 S. 9220                             7
 
 THE PROVISIONS OF A ZONING LAW, ORDINANCE, OR REGULATION CONSISTENT WITH
 THIS ARTICLE OR REQUIRED BY THE MINIMUM STANDARDS AND  CRITERIA  OF  THE
 LAND USE PLAN.
   2.  INDEMNITY SHALL NOT APPLY TO ANY SUCH CLAIM IN WHICH A FINAL COURT
 DETERMINATION RESULTS IN A FINDING OF INTENTIONAL WRONGDOING,  RECKLESS-
 NESS,  OR AN UNLAWFUL DISCRIMINATORY PRACTICE INCLUDING THE FINDING THAT
 THE LAND USE CONTROL WAS INTENDED TO EXCLUDE A PARTICULAR GROUP OR INDI-
 VIDUAL, OR GROSS NEGLIGENCE ON THE PART  OF  SUCH  MUNICIPALITY  OR  ITS
 AGENTS,  SERVANTS,  OFFICIALS,  OR  EMPLOYEES.  ACTIONS  OR  PROCEEDINGS
 BROUGHT UNDER SUBDIVISIONS TWO, TWO-A, THREE-B, FOUR, PARAGRAPHS (A) AND
 (B) OF SUBDIVISION FIVE AND SUBDIVISIONS SIX,  SEVEN,  AND  EIGHTEEN  OF
 SECTION  TWO  HUNDRED  NINETY-SIX  OF THE EXECUTIVE LAW AND 42 U.S.C. 55
 1981, 1983 AND 1988 SHALL BE INDEMNIFIED BY THE STATE ONLY SO FAR AS THE
 GRIEVANCE ALLEGED IN SUCH ACTION OR PROCEEDING WAS THE RESULT OF AN  ACT
 CONSISTENT WITH THIS ARTICLE OR THE PLAN.
   3.  SUCH  INDEMNITY SHALL APPLY ONLY TO THE EXTENT THAT ANY SUCH CLAIM
 EXCEEDS ANY INSURANCE COVERAGE OBTAINED BY THE COMMISSION FROM  REVENUES
 IN THE GREAT SWAMP FUND.
   4.  SUCH  INDEMNITY  SHALL  BE  CONDITIONED  UPON  (A) DELIVERY BY THE
 GOVERNING BODY OR ITS AGENT AGAINST WHOM THE LEGAL ACTION OR  PROCEEDING
 WAS  COMMENCED  TO THE ATTORNEY GENERAL OR AN ASSISTANT ATTORNEY GENERAL
 AT AN OFFICE OF THE DEPARTMENT OF LAW IN THE STATE  THE  ORIGINAL  OR  A
 COPY  OF  ANY  SUMMONS,  COMPLAINT,  PROCESS, NOTICE, DEMAND OR PLEADING
 WITHIN FIFTEEN DAYS AFTER SUCH DOCUMENT IS SERVED  UPON  SUCH  GOVERNING
 BODY OR ITS AGENT, AND (B) THE FULL COOPERATION OF THE GOVERNING BODY OR
 ITS  AGENTS  AGAINST  WHOM THE ACTION OR PROCEEDING WAS COMMENCED IN THE
 DEFENSE OF SUCH ACTION OR PROCEEDING AND IN DEFENSE  OF  ANY  ACTION  OR
 PROCEEDING AGAINST THE STATE BASED UPON THE SAME ACT OR OMISSION, AND IN
 THE PROSECUTION OF ANY APPEAL.
   5. THERE SHALL BE NO INDEMNITY IN THE EVENT OF A SETTLEMENT BETWEEN OR
 AMONG  THE PARTIES TO SUCH LEGAL ACTION OR PROCEEDING IN THOSE INSTANCES
 IN WHICH THE ATTORNEY GENERAL IS  NOT  PROVIDING  THE  DEFENSE  FOR  THE
 GOVERNING  BODY OR ITS AGENTS, UNLESS SUCH SETTLEMENT IS APPROVED BY THE
 COMMISSION WITH THE CONCURRENCE OF THE ATTORNEY GENERAL.
 § 59-0117. DEDICATIONS  TO  THE  GREAT   SWAMP   PRESERVE;   LEGISLATIVE
              PROTECTION.
   1.  THE  COMMISSIONER SHALL MAINTAIN A RECORD OF THE BOUNDARIES OF THE
 LANDS WHICH HAVE BEEN DEDICATED TO THE GREAT SWAMP PRESERVE IN TEXT  AND
 DEPICTED ON A MAP.
   2. LAND OWNED BY THE STATE WITHIN THE GREAT SWAMP RESERVE MAY BE DEDI-
 CATED  TO  BE  PART  OF  THE  GREAT  SWAMP PRESERVE BY THE ACTION OF THE
 COMMISSIONER OR THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRES-
 ERVATION, OR BY ACTION OF THE LEGISLATURE.
   3. LAND OWNED BY A LOCAL GOVERNMENT WITHIN THE GREAT SWAMP RESERVE MAY
 BE DEDICATED TO THE GREAT SWAMP PRESERVE BY  THE  ACTION  OF  ITS  LOCAL
 LEGISLATIVE BODY.
   4.  LAND  OWNED  BY PRIVATE INDIVIDUALS WITHIN THE GREAT SWAMP RESERVE
 MAY BE DEDICATED TO BE PART OF THE GREAT SWAMP PRESERVE BY THE EXECUTION
 OF A CONSERVATION EASEMENT.
   5. LAND IN THE CORE PRESERVATION AREA WHICH COME IN THE PUBLIC  DOMAIN
 SHALL BE DEEMED TO BE DEDICATED TO THE GREAT SWAMP PRESERVE.
   6.  EXCEPT  FOR THE CORE PRESERVATION AREA WHICH SHALL BE DEEMED TO BE
 DEDICATED TO THE PRESERVE, THE COMMISSION SHALL REVIEW AND MUST  APPROVE
 EACH DEDICATION OF LAND TO THE PRESERVE.
   7.  NO  PUBLICLY  OWNED  REAL  PROPERTY,  DEDICATED TO THE GREAT SWAMP
 PRESERVE, SHALL BE ALIENATED EXCEPT BY LAW  ENACTED  BY  TWO  SUCCESSIVE
 S. 9220                             8
 
 REGULAR  SESSIONS  OF  THE  LEGISLATURE,  BUT EASEMENTS FOR PUBLIC WATER
 SUPPLY PURPOSES MAY BE MAINTAINED CONSISTENT WITH LOCAL ORDINANCES.
   8.  THE  COMMISSION SHALL HAVE NO AUTHORITY TO MANAGE ANY PRIVATE LAND
 UNLESS SUCH LAND HAS BEEN VOLUNTARILY DEDICATED PURSUANT TO THIS ARTICLE
 OR THE OWNER HAS EXECUTED A VOLUNTARY WRITTEN AGREEMENT WITH THE COMMIS-
 SION AUTHORIZING THE SPECIFIC MANAGEMENT ACTIONS TAKEN.
   9. NOTHING CONTAINED IN THIS ARTICLE SHALL AFFECT ANY  PREVIOUS  DEDI-
 CATION  OF  STATE  LAND  TO  THE STATE NATURE AND HISTORIC PRESERVE. ANY
 STATE LAND DEDICATED TO THE GREAT SWAMP PRESERVE MAY ALSO  BE  DEDICATED
 TO THE STATE NATURE AND HISTORIC PRESERVE.
 § 59-0119. GREAT SWAMP ADVISORY COMMITTEE.
   UPON  THE  ADOPTION  OF  THE  GREAT  SWAMP  COMPREHENSIVE LAND USE AND
 MANAGEMENT PLAN THE GREAT SWAMP ADVISORY COMMITTEE SHALL BE CREATED. THE
 ADVISORY COMMITTEE SHALL ACTIVELY ASSIST AND ADVISE  THE  COMMISSION  IN
 THE IMPLEMENTATION OF THE GREAT SWAMP COMPREHENSIVE LAND USE AND MANAGE-
 MENT  PLAN.  THE ADVISORY COMMITTEE SHALL CONSIST OF NOT MORE THAN TWEN-
 TY-EIGHT MEMBERS WHICH SHALL INCLUDE  REPRESENTATIVES  OF  ENVIRONMENTAL
 GROUPS,  ECONOMIC  DEVELOPMENT AND REAL ESTATE INTERESTS, FARMERS, WATER
 SUPPLIERS, CIVIC GROUPS, PLANNERS, BIOLOGISTS, WATER QUALITY  SCIENTISTS
 AND  RECREATIONAL  INTERESTS.  THE  MEMBERS OF THE COMMITTEE SHALL SERVE
 WITHOUT COMPENSATION. THE INITIAL  MEMBERS  OF  THE  ADVISORY  COMMITTEE
 SHALL  INCLUDE A CIVIC REPRESENTATIVE FROM EACH OF THE TOWNS OF PAWLING,
 PATTERSON, DOVER AND SOUTHEAST DESIGNATED BY THE SUPERVISOR THEREOF. THE
 COMMITTEE MAY BE EXPANDED AS NECESSARY BY THE COMMISSION TO  INCORPORATE
 OTHER  INTERESTS  IN THE DEVELOPMENT AND PRESERVATION OF THE GREAT SWAMP
 PRESERVE. EACH MEMBER SHALL SERVE AT THE PLEASURE OF  THE  ENTITY  WHICH
 DESIGNATED  IT.  THE  COMMITTEE  BY A MAJORITY VOTE SHALL ELECT A CHAIR-
 PERSON. THE COMMISSION SHALL MEET PERIODICALLY WITH THE ADVISORY COMMIT-
 TEE, MAKE AVAILABLE  WORKING  DRAFTS  AND  OTHER  DOCUMENTS,  AND  SHALL
 PROVIDE  SERVICES  TO THE COMMISSION AS ARE NECESSARY AND APPROPRIATE TO
 CARRY OUT ITS FUNCTIONS UNDER THIS ARTICLE.
 § 59-0121. LIMITATIONS ON REGULATION OF HUNTING, FISHING AND RECREATION-
              AL ACTIVITIES; NONREGULATION OF FEDERAL CONSERVATION ACTIV-
              ITIES.
   NOTHING IN THIS ARTICLE SHALL BE INTERPRETED TO  AUTHORIZE  THE  REGU-
 LATION  OF  HUNTING,  FISHING, TRAPPING, POSSESSION OF WILDLIFE OR OTHER
 RECREATIONAL ACTIVITIES IN THE GREAT SWAMP RESERVE, EXCEPT AS  OTHERWISE
 PROVIDED  BY  LAW. THIS ARTICLE SHALL NOT APPLY TO ANY ACTION UNDERTAKEN
 BY ANY FEDERAL AGENCY OR FEDERAL DEPARTMENT IN FULFILLMENT OF ITS  OBLI-
 GATIONS  OR  DUTIES  PURSUANT  TO  ANY  FEDERAL LAW, FEDERAL REGULATION,
 FEDERAL AGENCY POLICY, OR FEDERAL MANAGEMENT ACTIVITY RELATING TO  WILD-
 LIFE,  GAME OR NONGAME SPECIES MANAGEMENT, HABITAT PROTECTION, OR MIGRA-
 TORY SPECIES PROTECTION.
 § 59-0123. EFFECT ON OTHER LAWS.
   EXCEPT AS OTHERWISE PROVIDED IN THE PROVISIONS OF THIS  ARTICLE,  THIS
 ARTICLE SHALL NOT AFFECT:
   1. THE POLICE POWERS, LOCAL PLANNING POWERS, ZONING POWERS OR AUTHORI-
 TY  TO  REGULATE  LAND USES BY VILLAGES AND TOWNS WITHIN THE GREAT SWAMP
 RESERVE; OR
   2. THE POLICE POWER OF THE STATE TO REGULATE ANY ACTIVITY CARRIED  OUT
 UPON ANY LANDS, IN THE GREAT SWAMP RESERVE; OR
   3.  THE  AUTHORITY  OF ANY STATE OR PUBLIC AGENCY IN THE MANAGEMENT OF
 ANY STATE OR PUBLIC LANDS IN THE GREAT SWAMP RESERVE.
 § 59-0125. JUDICIAL REVIEW.
   ANY PERSON AGGRIEVED BY A FINAL DETERMINATION BY  ANY  GOVERNING  BODY
 ACTING  UNDER THIS ARTICLE, MAY WITHIN THIRTY DAYS FROM THE DATE OF SUCH
 S. 9220                             9
 
 DETERMINATION SEEK JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT  OF
 THE  CIVIL  PRACTICE LAW AND RULES IN THE SUPREME COURT.  THE COMMISSION
 SHALL BE A PARTY TO ANY SUCH PROCEEDING. IN THE  EVENT  THAT  THE  COURT
 FINDS  THAT  THE  DETERMINATION  OF  SUCH GOVERNING BODY CONSTITUTES THE
 EQUIVALENT OF TAKING WITHOUT JUST COMPENSATION, THE COMMISSION  MAY  SET
 ASIDE  THE DETERMINATION OF SUCH GOVERNING BODY, OR IF THE LAND SO REGU-
 LATED OTHERWISE MEETS THE GOALS AND OBJECTIVES OF THIS  ARTICLE  AND  IF
 THE  COMMISSION OR THE GOVERNING BODY HAS SUFFICIENT FUNDS THEREFOR, THE
 COMMISSION OR THE GOVERNING BODY MAY ACQUIRE SUCH LAND  OR  INTEREST  IN
 LANDS  AS HAVE BEEN TAKEN, PROCEEDING UNDER THE POWER OF EMINENT DOMAIN.
 ALL ISSUES IN ANY PROCEEDING UNDER THE POWER  OF  EMINENT  DOMAIN  SHALL
 HAVE PREFERENCE OVER ALL OTHER CIVIL ACTIONS OR PROCEEDINGS.
 § 59-0127. SEVERABILITY.
   THE  PROVISIONS  OF THIS ARTICLE SHALL BE SEVERABLE AND IF ANY PORTION
 THEREOF OR THE APPLICABILITY THEREOF  TO  ANY  PERSON  OR  CIRCUMSTANCES
 SHALL BE HELD INVALID, THE REMAINDER OF THIS ARTICLE AND THE APPLICATION
 THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9220--A
 
                             I N  S E N A T E
 
                                May 6, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the "Great Swamp protection act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new article 59 to read as follows:
                                 ARTICLE 59
                        GREAT SWAMP PROTECTION ACT
 SECTION 59-0101. SHORT TITLE.
         59-0103. LEGISLATIVE DECLARATION.
         59-0105. LEGISLATIVE FINDINGS AND INTENT.
         59-0107. DEFINITIONS.
         59-0109. GREAT SWAMP RESERVE COMMISSION.
         59-0111. DUTIES OF THE COMMISSION.
         59-0113. GREAT SWAMP PROTECTION LAND USE AND MANAGEMENT PLAN.
         59-0115. DEDICATIONS TO THE GREAT  SWAMP  PRESERVE;  LEGISLATIVE
                    PROTECTION.
         59-0117. GREAT SWAMP ADVISORY COMMITTEE.
         59-0119. LIMITATIONS  ON  REGULATION  OF  HUNTING,  FISHING  AND
                    RECREATIONAL  ACTIVITIES;  NONREGULATION  OF  FEDERAL
                    CONSERVATION ACTIVITIES.
         59-0121. EFFECT ON OTHER LAWS.
         59-0123. SEVERABILITY.
 § 59-0101. SHORT TITLE.
   THIS  ARTICLE  SHALL  BE  KNOWN  AND  MAY BE CITED AS THE "GREAT SWAMP
 PROTECTION ACT".
 § 59-0103. LEGISLATIVE DECLARATION.
   THE LEGISLATURE HEREBY DECLARES IT TO BE IN  THE  PUBLIC  INTEREST  TO
 PROTECT  AND  MANAGE  THE  GREAT  SWAMP, IN THE COUNTIES OF DUTCHESS AND
 PUTNAM, BY ESTABLISHING THE GREAT SWAMP RESERVE. IT IS  FURTHER  IN  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09985-05-4
 S. 9220--A                          2
 
 PUBLIC  INTEREST TO ESTABLISH A COMMISSION MADE UP OF REPRESENTATIVES OF
 STATE, COUNTY, AND LOCAL GOVERNMENTS TO PREPARE A GREAT SWAMP PROTECTION
 LAND USE AND MANAGEMENT  PLAN  AND  MAKE  RECOMMENDATIONS  TO  PRESERVE,
 PROTECT  AND ENHANCE THE NATURAL, RECREATIONAL, ECONOMIC AND EDUCATIONAL
 VALUES OF THE REGION, WHICH THE STATE AND LOCAL GOVERNMENTS MAY ADOPT.
 § 59-0105. LEGISLATIVE FINDINGS AND INTENT.
   THE LEGISLATURE HEREBY FINDS THAT THE COUNTIES OF DUTCHESS AND  PUTNAM
 CONTAIN  A  WETLAND ECOSYSTEM OF STATEWIDE IMPORTANCE KNOWN AS THE GREAT
 SWAMP.
   THE LEGISLATURE FINDS THAT WITHIN THE GREAT SWAMP THE FEDERAL,  STATE,
 COUNTY  AND  LOCAL  GOVERNMENTS OWN AND MANAGE SIGNIFICANT PROPERTIES IN
 THE FORM OF PARKS, PRESERVES, HISTORIC SITES AND PROTECTED  OPEN  SPACE,
 WHERE  THERE  IS  AN  INTERDEPENDENT AND RECIPROCAL RELATIONSHIP BETWEEN
 HUMAN ACTIVITIES AND NATURAL PROCESSES, AND WHERE  FISHING,  AGRICULTURE
 AND  TOURISM  HAVE  BEEN  THE  DOMINANT  INDUSTRIES  FOR MORE THAN THREE
 HUNDRED FIFTY YEARS.
   THE LEGISLATURE FINDS THAT THE GREAT SWAMP, AN AREA ENCOMPASSING  OVER
 SIX  THOUSAND  ACRES IN THE COUNTIES OF DUTCHESS AND PUTNAM, IS OF CRIT-
 ICAL IMPORTANCE TO THE STATE BECAUSE IT IS A WETLAND  COMPRISED  OF  TWO
 CRITICAL  WATERSHEDS.    THE  GREAT SWAMP IS INTERCONNECTED BY THE SWAMP
 RIVER AND THE EAST BRANCH CROTON RIVER, AND THE ECOLOGIC AND  HYDROLOGIC
 INTEGRITY OF THIS SYSTEM MUST BE PROTECTED.
   THE  LEGISLATURE  ALSO  FINDS THAT THE GREAT SWAMP CONTAINS ONE OF THE
 GREATEST CONCENTRATIONS AND DIVERSITIES OF  ENDANGERED,  THREATENED  AND
 SPECIAL  CONCERN SPECIES OF PLANTS AND ANIMALS TO BE FOUND IN THE STATE,
 AND THAT PROTECTION OF THEIR HABITATS IS IN THE  BEST  INTEREST  OF  THE
 PEOPLE  OF  NEW YORK. THE LEGISLATURE FURTHER FINDS THAT THE GREAT SWAMP
 CONTAINS MANY OTHER UNIQUE NATURAL, AGRICULTURAL,  HISTORICAL,  CULTURAL
 AND  RECREATIONAL  RESOURCES THAT ARE MUTUALLY SUPPORTIVE AND ULTIMATELY
 DEPENDENT UPON MAINTENANCE OF THE HYDROLOGIC AND ECOLOGIC  INTEGRITY  OF
 THIS REGION.
   THEREFORE,  THE  LEGISLATURE FINDS THAT THE PURPOSE OF THIS ARTICLE IS
 TO AUTHORIZE AND DIRECT THE STATE  AND  LOCAL  GOVERNMENTS  TO  PROTECT,
 PRESERVE  AND  PROPERLY MANAGE THE UNIQUE NATURAL RESOURCES OF THE GREAT
 SWAMP AND TO ENCOURAGE COORDINATION OF  EXISTING  PROGRAMS  AND  STUDIES
 AFFECTING  LAND  AND  WATER  RESOURCES  IN THE REGION AND TO PROTECT THE
 VALUE OF THE EXISTING PUBLIC AND PRIVATE  INVESTMENT  THAT  HAS  ALREADY
 BEEN MADE TO ACQUIRE LAND IN THE REGION.
   THE  LEGISLATURE  FURTHER  FINDS THAT A PORTION OF THE SYSTEM KNOWN AS
 THE GREAT SWAMP AREA REQUIRES THE PREPARATION AND  IMPLEMENTATION  OF  A
 STATE  SUPPORTED GREAT SWAP PROTECTION LAND USE AND MANAGEMENT PLAN THAT
 WILL  ASSIST  IN  THE  PRESERVATION  OF  THE  CORE  PRESERVATION   AREA,
 PROTECTION OF THE GREAT SWAMP AREA AND FOR THE DESIGNATION OF COMPATIBLE
 GROWTH AREAS TO ACCOMMODATE APPROPRIATE PATTERNS OF REGIONAL GROWTH WITH
 RECOGNITION  OF  THE  RIGHTS  OF  PRIVATE LAND OWNERS AND THE PURPOSE OF
 PRESERVATION OF THE CORE AREA.
 § 59-0107. DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
   1. "COMMISSION" SHALL MEAN THE GREAT SWAMP RESERVE COMMISSION  CREATED
 BY SECTION 59-0109 OF THIS ARTICLE.
   2.  "GREAT  SWAMP  PRESERVE" OR "PRESERVE" SHALL MEAN LANDS WITHIN THE
 GREAT SWAMP RESERVE THAT ARE CRITICAL TO THE PROTECTION OF THE HYDROLOG-
 IC AND ECOLOGIC INTEGRITY OF THE REGION INCLUDING LAND CHARACTERIZED  BY
 A  GROUP  OF  THREATENED  SPECIES WHICH ARE DEDICATED FOR PROTECTION AND
 BENEFICIAL PUBLIC USE PURSUANT TO SECTION 59-0115 OF THIS ARTICLE. LANDS
 WHICH ARE NOT DEEMED CRITICAL  MAY  BE  DEDICATED  PURSUANT  TO  SECTION
 S. 9220--A                          3
 
 59-0115  OF  THIS ARTICLE AS A PROTECTIVE OR BUFFER ZONE FOR OTHER DEDI-
 CATED LANDS, OR TO OTHERWISE SUPPORT THE MANAGEMENT OF THE PRESERVE.
   3.  "PLAN"  SHALL MEAN THE GREAT SWAMP PROTECTION LAND USE AND MANAGE-
 MENT PLAN CREATED PURSUANT TO SECTION 59-0113 OF THIS ARTICLE.
   4. "RESERVE" SHALL MEAN A REGION IN WHICH THERE IS  A  COMBINATION  OF
 PUBLICLY  AND PRIVATELY OWNED LANDS AND LAND USES, WITHIN A DEFINED AREA
 WHERE THERE ARE TRADITIONAL  CULTURAL  PATTERNS  INCLUDING  AGRICULTURE,
 TOURISM  AND  GENERAL COMMERCIAL AND RESIDENTIAL USES WHICH DUE TO THEIR
 PATTERN AND CONFIGURATION, AND BECAUSE OF THE NEED FOR SUSTAINED PRODUC-
 TIVITY COULD BEST BE PROTECTED AND MANAGED THROUGH THE DEVELOPMENT OF  A
 GREAT  SWAMP  PROTECTION MANAGEMENT PLAN AROUND A PRESERVE OF PROTECTED,
 PUBLICLY OWNED LANDS AND/OR PRIVATELY  OWNED  LAND  DEDICATED  FOR  SUCH
 PURPOSES.
   5.  "ADVISORY COMMITTEE" SHALL MEAN THE GREAT SWAMP ADVISORY COMMITTEE
 TO THE COMMISSION ESTABLISHED PURSUANT TO SECTION 59-0117 OF THIS  ARTI-
 CLE.
   6. "AGRICULTURE" OR "HORTICULTURE" SHALL MEAN ANY PRODUCTION OF PLANTS
 OR  ANIMALS  USEFUL  TO MAN, INCLUDING BUT NOT LIMITED TO: FORAGE OR SOD
 CROPS; GRAINS AND FEED CROPS; DAIRY ANIMALS AND DAIRY PRODUCTS;  POULTRY
 AND  POULTRY  PRODUCTS;  LIVESTOCK, INCLUDING BEEF CATTLE, SHEEP, SWINE,
 HORSES, PONIES, MULES OR GOATS, AND INCLUDING THE BREEDING  AND  GRAZING
 OF  ANY  OR  ALL OF SUCH ANIMALS; BEES AND APIARY PRODUCTS; FUR ANIMALS;
 TREES AND FOREST PRODUCTS; FRUITS OF ALL KINDS INCLUDING WINERIES; VEGE-
 TABLES; NURSERY, FLORAL, ORNAMENTAL AND GREENHOUSE  PRODUCTS  AND  FARM-
 STANDS FOR SELLING PRODUCTS RAISED OR PRODUCED ON SITE AND OTHER ASSOCI-
 ATED STRUCTURES REQUIRED FOR THEIR PRODUCTION.
 § 59-0109. GREAT SWAMP RESERVE COMMISSION.
   1.  THE GREAT SWAMP RESERVE COMMISSION SHALL BE ESTABLISHED WITHIN THE
 DEPARTMENT TO HELP  LOCAL  GOVERNMENTS  AND  THE  STATE  COORDINATE  THE
 EFFORTS OF ALL MUNICIPAL, COUNTY, STATE AND FEDERAL AGENCIES INVOLVED IN
 THE MANAGEMENT OF THE PRESERVE AND TO OVERSEE THE GREAT SWAMP PROTECTION
 LAND  USE AND MANAGEMENT PLAN FOR THE GREAT SWAMP RESERVE THAT STATE AND
 LOCAL GOVERNMENTS MAY ADOPT.
   2. THE COMMISSION SHALL BE COMPOSED OF THIRTEEN  VOTING  MEMBERS.  THE
 GOVERNOR  SHALL  APPOINT TWO MEMBERS. THE COUNTY EXECUTIVE OF THE COUNTY
 OF PUTNAM, WITH THE ADVICE AND CONSENT OF THE COUNTY LEGISLATURE,  SHALL
 APPOINT  TWO  MEMBERS AND THE COUNTY EXECUTIVE OF THE COUNTY OF DUTCHESS
 WITH THE ADVICE AND CONSENT OF THE COUNTY LEGISLATURE SHALL APPOINT  TWO
 MEMBERS.  THE TOWN SUPERVISORS OF THE TOWNS OF DOVER, PAWLING, PATTERSON
 AND SOUTHEAST  OR  SUCH  TOWN  SUPERVISORS'  DESIGNEES  SHALL  SERVE  AS
 MEMBERS.  THE  COMMISSIONER OR THEIR DESIGNEE, THE SECRETARY OF STATE OR
 THEIR DESIGNEE, AND THE COMMISSIONER OF ECONOMIC  DEVELOPMENT  OR  THEIR
 DESIGNEE  FOR PURPOSES OF TOURISM SHALL SERVE AS EX-OFFICIO MEMBERS. ALL
 MEMBERS, EXCEPT EX-OFFICIO MEMBERS SHALL BE RESIDENTS OF THE COUNTIES OF
 DUTCHESS AND PUTNAM AND SHALL HAVE DEMONSTRATED EXPERTISE IN  THE  FUNC-
 TIONAL AREAS TO BE ADDRESSED BY THE COMMISSION. ALL INITIAL APPOINTMENTS
 SHALL  BE  MADE WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE.
 THE CHIEF EXECUTIVE OFFICER OF ANY OTHER STATE AGENCY MAY BE  CALLED  TO
 SERVE AS AN EX-OFFICIO MEMBER IF DEEMED NECESSARY BY THE DEPARTMENT.
   3.  MEMBERS  OF  THE COMMISSION SHALL SERVE FOR A TERM OF TWO YEARS OR
 THEREAFTER UNTIL A SUCCESSOR IS APPOINTED. A CHAIRPERSON SHALL BE DESIG-
 NATED BY THE GOVERNOR. THE COMMISSION SHALL ELECT A VICE-CHAIRPERSON AND
 SUCH OTHER OFFICERS AS IT MAY DETERMINE ARE NECESSARY FOR THE CONDUCT OF
 ITS DUTIES.
 S. 9220--A                          4
 
   4. TEN MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.  AN AFFIR-
 MATIVE VOTE OF SEVEN OR MORE MEMBERS SHALL BE REQUIRED TO PASS A  RESOL-
 UTION OR OTHERWISE EXERCISE ANY FUNCTIONS OR POWERS OF THE COMMISSION.
   5. THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION.
   6.  EVERY  LOCAL  OR  REGIONAL  AGENCY WITH ACTIVITIES RELATING TO THE
 GREAT SWAMP AREA MAY OFFER ASSISTANCE TO THE COMMISSION IN CARRYING  OUT
 THE PROVISIONS OF THIS ARTICLE.
 § 59-0111. DUTIES OF THE COMMISSION.
   THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1.  TO ENFORCE AND ENSURE IMPLEMENTATION OF THE GREAT SWAMP PROTECTION
 LAND USE AND MANAGEMENT PLAN, WITH THE ADVICE OF THE ADVISORY COMMITTEE;
   2. TO CONDUCT SCIENTIFIC AND ENVIRONMENTAL STUDIES;
   3. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER  INSTRUMENTS  NECESSARY
 OR  CONVENIENT  FOR  THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS
 ARTICLE;
   4. TO ESTABLISH AND MAINTAIN SUCH FACILITIES AS MAY BE  NECESSARY  FOR
 THE TRANSACTING OF ITS BUSINESS;
   5.  TO  APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, EMPLOYEES, AND
 PRESCRIBE THEIR DUTIES AND QUALIFICATIONS AND FIX THEIR COMPENSATION;
   6. IF ANY APPOINTED MEMBER POSITION  BECOMES  VACANT,  ANOTHER  MEMBER
 SHALL  BE APPOINTED TO FILL THE UNEXPIRED TERM WITHIN NINETY DAYS OF THE
 DATE OF THE VACANCY;
   7. TO REVIEW AND APPROVE PROPOSED DEDICATIONS OF LANDS  TO  THE  GREAT
 SWAMP PRESERVE AND RECOMMEND ADDITIONAL DEDICATIONS TO SUCH PRESERVE;
   8. TO UTILIZE TO THE FULLEST EXTENT PRACTICABLE, THE STAFF AND FACILI-
 TIES  OF  STATE AGENCIES, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
 BUDGET, AND LOCAL AGENCIES TO CARRY OUT THE PROVISIONS OF THIS ARTICLE;
   9. TO HOLD PUBLIC HEARINGS IN THE EXERCISE OF ITS  POWERS,  FUNCTIONS,
 AND DUTIES PROVIDED FOR BY THIS ARTICLE;
   10. TO CONTRACT WITHIN AMOUNTS APPROPRIATED FOR OR OTHERWISE AVAILABLE
 FOR PROFESSIONAL AND TECHNICAL ASSISTANCE OR ADVICE;
   11.  TO  MEET  NO  LESS THAN QUARTERLY BEGINNING THIRTY DAYS AFTER THE
 ENACTMENT OF THIS SECTION, FOLLOWING PUBLIC NOTICE BY  THE  COUNTIES  OF
 DUTCHESS AND PUTNAM, AND TO ENCOURAGE THE ATTENDANCE AT SUCH MEETINGS OF
 REPRESENTATIVES  OF LOCAL GOVERNMENTS AND INTERESTED PARTIES AFFECTED BY
 THE DELIBERATIONS OF THE COMMISSION. AFTER THE  ADOPTION  OF  THE  GREAT
 SWAMP  PROTECTION  AND  LAND USE PLAN, THE COMMISSION SHALL MEET NO LESS
 THAN TWICE ANNUALLY;
   12. TO SEND COPIES OF THE MINUTES OF EACH MEETING  TO  EACH  TOWN  AND
 VILLAGE  WITHIN THE GREAT SWAMP RESERVE, THE MEMBERS OF THE ASSEMBLY AND
 SENATORS REPRESENTING SUCH AREA AND  ANY  OTHER  INTERESTED  PARTY  UPON
 REQUEST;
   13.  TO  ESTABLISH  AND MAINTAIN AN EDUCATION AND OUTREACH PROGRAM, IN
 PARTNERSHIP WITH THE ADVISORY COMMITTEE, AND INCLUDING BUT  NOT  LIMITED
 TO MAINTAINING A PUBLIC WEBSITE RELATING TO THE COMMISSION'S WORK;
   14.  TO  ENCOURAGE  INDIVIDUALS, CORPORATIONS, ASSOCIATIONS AND PUBLIC
 ENTITIES TO PROTECT AND PRESERVE THE UNIQUE  RESOURCES  OF  THE  RESERVE
 INCLUDING THE PRESERVE;
   15. TO CONTRACT FOR AND TO ACCEPT ASSISTANCE, INCLUDING BUT NOT LIMIT-
 ED  TO  GIFTS,  EASEMENTS OR LOANS OF FUNDS OR REAL PROPERTY OR PERSONAL
 PROPERTY FROM THE FEDERAL GOVERNMENT OR ANY  AGENCY  OR  INSTRUMENTALITY
 THEREOF, OR FROM ANY AGENCY OR INSTRUMENTALITY OF THE STATE, OR FROM ANY
 OTHER  PUBLIC OR PRIVATE SOURCE AND TO COMPLY, SUBJECT TO THE PROVISIONS
 OF THIS ARTICLE, WITH THE TERMS AND CONDITIONS THEREOF, SUBJECT  TO  THE
 APPROVAL  OF  THE DIVISION OF THE BUDGET. NOTWITHSTANDING THE PROVISIONS
 OF SECTION ELEVEN OF THE STATE FINANCE LAW, THE  COMMISSION  MAY  ACCEPT
 S. 9220--A                          5
 
 GIFTS,  GRANTS,  DEVISES  AND  BEQUESTS, WHETHER CONDITIONAL OR UNCONDI-
 TIONAL, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET;
   16. TO SUE AND BE SUED;
   17.  TO  ASSIST  LOCAL, COUNTY, AND STATE GOVERNMENT IN PRIORITIZATION
 AND NEGOTIATION WITH PRIVATE LANDOWNERS WHOSE PROPERTY  IS  AFFECTED  BY
 THE LAND USE PLAN, TO EVALUATE THE IMPACT OF ANY RESTRICTIONS AND DEVEL-
 OP A PACKAGE OF BENEFITS;
   18.  TO  ADOPT,  AMEND AND REPEAL, AFTER PUBLIC HEARING, EXCEPT IN THE
 CASE OF RULES AND REGULATIONS THAT RELATE TO THE ORGANIZATION OR  INTER-
 NAL MANAGEMENT OF THE COMMISSION, SUCH RULES AND REGULATIONS, CONSISTENT
 WITH  THIS ARTICLE, AS IT DEEMS NECESSARY TO ADMINISTER THIS ARTICLE AND
 EXERCISE POWERS GRANTED BY LAW;
   19. TO PROVIDE SCIENTIFIC AND TECHNICAL ASSISTANCE OR TO  MAKE  GRANTS
 TO  MUNICIPALITIES, TOWNS, AND COUNTIES FOR REVISIONS OF LOCAL PLANS, OR
 THE RELEVANT ORDINANCES DESIGNED TO BRING SUCH  PLANS  INTO  CONFORMANCE
 WITH  THE  GREAT  SWAMP  PROTECTION  LAND  USE  AND MANAGEMENT PLAN. THE
 COMMISSION MAY MAKE SUCH GRANTS FROM ANY FUNDS WHICH MAY BE APPROPRIATED
 OR OTHERWISE MADE AVAILABLE TO IT FOR SUCH PURPOSE;
   20. TO CONVENE CONFERENCES, SEMINARS, MEETINGS, AND TECHNICAL SESSIONS
 ON ITS OWN OR IN COORDINATION WITH  FEDERAL,  STATE,  COUNTY,  TOWN,  OR
 PRIVATE  ORGANIZATIONS  AS DEEMED NECESSARY RELATIVE TO ITS RESPONSIBIL-
 ITIES;
   21. TO REPORT PERIODICALLY TO THE GOVERNOR AND THE LEGISLATURE ON  THE
 CONDUCT  OF  ITS ACTIVITIES NOT LESS THAN ONCE A YEAR, FURNISHING A COPY
 OF EACH SUCH REPORT TO THE LEGISLATIVE BODIES  OF  DUTCHESS  AND  PUTNAM
 COUNTIES AND THE TOWNS AND VILLAGES IN WHOLE OR IN PART WITHIN THE GREAT
 SWAMP AREA; AND
   22. TO HAVE AND EXERCISE SUCH OTHER INCIDENTAL AND USUAL POWERS AS ARE
 NECESSARY AND APPROPRIATE TO CARRY OUT ITS DUTIES.
 § 59-0113. GREAT SWAMP PROTECTION LAND USE AND MANAGEMENT PLAN.
   1.  THE  DEPARTMENT  SHALL, AFTER HOLDING PUBLIC HEARINGS, PREPARE AND
 ADOPT A GREAT SWAMP PROTECTION LAND USE  AND  MANAGEMENT  PLAN  FOR  THE
 GREAT  SWAMP  RESERVE,  WHICH THE STATE AND LOCAL GOVERNMENTS MAY ADOPT.
 SUCH PLAN SHALL BE DRAFTED IN CONSULTATION WITH APPROPRIATE OFFICIALS OF
 ANY REGIONAL, STATE, OR FEDERAL AGENCY WHICH HAS JURISDICTION OVER LANDS
 AND WATERS WITHIN THE GREAT SWAMP AREA, AND  ANY  ADDITIONAL  INTERESTED
 PROFESSIONAL,  SCIENTIFIC, AND CITIZENS' ORGANIZATIONS.  SUCH PLAN SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) A STATEMENT OF THE PUBLIC VALUES  OF  THE  AREA,  INCLUDING  THEIR
 EDUCATIONAL,  ECOLOGICAL  AND  HYDROLOGICAL  VALUES,  TOGETHER  WITH THE
 GENERAL GOALS AND POLICIES WHICH WILL  BEST  PROTECT  AND  ENHANCE  SUCH
 VALUES;
   (B)  A  MAP OF THE AREA, DELINEATING THE BOUNDARIES OF THE GREAT SWAMP
 RESERVE;
   (C) A BRIEF AND GENERAL HISTORICAL OVERVIEW REGARDING THE LANDS OF THE
 GREAT SWAMP RESERVE;
   (D) AN INVENTORY OF ALL PUBLIC LANDS AND LANDS  AVAILABLE  FOR  PUBLIC
 USE WITHIN THE GREAT SWAMP RESERVE SPECIFYING USE, FACILITIES FOR PUBLIC
 USE, AND THE MANAGEMENT AGENCY WITH JURISDICTION OVER THE PROPERTY;
   (E)  MANAGEMENT  GUIDELINES  FOR  THE  PRESERVATION,  RECREATIONAL AND
 EDUCATIONAL USE OF RESOURCES OF THE GREAT SWAMP RESERVE;
   (F) MANAGEMENT GUIDELINES FOR  PROTECTING  AND  SUPPORTING  INDIGENOUS
 ECONOMIC ACTIVITIES LIKE AGRICULTURE, RECREATION AND TOURISM;
   (G)  A  PLAN  FOR  PROTECTION AND MANAGEMENT FOR DEDICATED LAND IN THE
 GREAT SWAMP PRESERVE INCLUDING:
 S. 9220--A                          6
 
   (1) A SURVEY OR INVENTORY OF THE FOLLOWING, TOGETHER WITH  THE  ESTAB-
 LISHMENT OF MANAGEMENT PRIORITIES THEREFOR:
   (I) NATURAL PLANT AND WILDLIFE RESOURCES;
   (II) HISTORIC RESOURCES;
   (III) EROSION CONTROL NEEDS, STREAM AND WETLANDS PROTECTION;
   (IV) TRAILS, TRAIL DEVELOPMENT AND USE; AND
   (V) OTHER RECREATIONAL USES.
   (2)  RECOMMENDATIONS  FOR  INCENTIVES  PERTAINING TO PUBLIC USE ACTIV-
 ITIES, WHICH CAN BE IMPLEMENTED BY RULES AND REGULATIONS FOR THE  ADMIN-
 ISTRATION AND USE OF LANDS DEDICATED TO THE PRESERVE.
   (3)  RECOMMENDATIONS  FOR ACQUISITION OF OPEN SPACE SUITABLE FOR DEDI-
 CATION IN THE PRESERVE.
   (4)  RECOMMENDATIONS  FOR  INSTITUTIONAL  ARRANGEMENTS  TO  COORDINATE
 MANAGEMENT OF DEDICATED LAND HELD BY SEPARATE OWNERS;
   (H)  A  LOCAL  PARTICIPATION PLAN, WHICH DESCRIBES HOW LOCAL CITIZENS,
 OFFICIALS AND MEMBERS OF THE TOURISM AND  AGRICULTURAL  INDUSTRIES  WILL
 PARTICIPATE IN THE PLANNING AND IMPLEMENTATION OF THE MANAGEMENT PROGRAM
 AND  WHICH  CONTAINS A STATEMENT IDENTIFYING SUPPORT FOR SUCH PROGRAM BY
 THE PARTICIPATING LOCAL GOVERNMENTS; AND
   (I) A FINANCIAL STATEMENT ESTIMATING THE NECESSARY COSTS AND POTENTIAL
 FUNDING SOURCES TO CARRY OUT RECOMMENDATIONS IN THE STUDY OVER  A  FIVE-
 YEAR PERIOD AND THE BENEFITS THEREFROM.
   2.  A  DRAFT  PLAN  SHALL BE PREPARED AND MADE AVAILABLE TO THE PUBLIC
 DIGITALLY AND UPON REQUEST AND THE LOCAL GOVERNMENTS  WITHIN  THE  GREAT
 SWAMP RESERVE WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION
 AND  PRIOR  TO ADOPTING THE PLAN, THE DEPARTMENT SHALL HOLD PUBLIC MEET-
 INGS IN THE TOWNS OF DOVER, PAWLING, PATTERSON,  AND  SOUTHEAST  AND  AT
 LEAST  ONE  MEETING WITHIN THE GREAT SWAMP RESERVE. WITHIN TWO MONTHS OF
 THE DEPARTMENT RECOMMENDING THE PLAN TO THE RESPECTIVE TOWN BOARDS,  THE
 TOWN  BOARDS  SHALL PERFORM A COMPREHENSIVE REVIEW OF THE PLAN AND SHALL
 PROVIDE FINAL COMMENTS  TO  THE  DEPARTMENT.    THE  DEPARTMENT  AT  ITS
 DISCRETION MAY MODIFY THE PLAN AS REQUESTED BY THE TOWN REPRESENTATIVES.
 AFTER  MODIFYING  THE  PLAN AS NECESSARY, THE DEPARTMENT SHALL PREPARE A
 DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT  AND  A  FINAL
 GENERIC  ENVIRONMENTAL  IMPACT  STATEMENT,  AND THE TOWNS AND DEPARTMENT
 SHALL ADOPT THE NECESSARY STATEMENT OF FINDINGS PURSUANT TO ARTICLE 8 OF
 THIS CHAPTER. RATIFICATION AND ADOPTION OF THE PLAN BY THE  TOWN  BOARDS
 OF  DOVER,  PAWLING, PATTERSON, AND SOUTHEAST SHALL REPRESENT COMMITMENT
 TO IMPLEMENTATION OF THE PROVISIONS CONTAINED THEREIN. UPON RATIFICATION
 AND ADOPTION BY SUCH FOUR TOWNS, THE  DEPARTMENT  ITSELF  WILL  FORMALLY
 ADOPT THE PLAN AND ITS PROVISIONS SHALL BE IN FULL FORCE.
   3.  NOT  LESS  THAN  ONCE EVERY FIVE YEARS AFTER THE LAND USE PLAN HAS
 BECOME EFFECTIVE, THE COMMISSION, IN CONSULTATION WITH  THE  DEPARTMENT,
 SHALL  REVIEW  AND, IF APPROPRIATE, MAKE AMENDMENTS TO THE LAND USE PLAN
 AND UPDATE THE GENERIC IMPACT STATEMENT. WITHIN EACH  SUCH  PERIOD,  THE
 COMMISSION SHALL HOLD A PUBLIC HEARING AND SHALL RECEIVE COMMENTS ON THE
 EFFECTIVENESS  OF  IMPLEMENTATION OF THE PLAN. NOT LESS THAN THIRTY DAYS
 BEFORE VOTING ON AN AMENDMENT TO THE LAND USE PLAN, THE COMMISSION SHALL
 PUBLISH NOTICE THEREOF IN A NEWSPAPER  OF  GENERAL  CIRCULATION  IN  THE
 GREAT SWAMP AREA.
 § 59-0115. DEDICATIONS   TO   THE   GREAT  SWAMP  PRESERVE;  LEGISLATIVE
              PROTECTION.
   1. THE COMMISSIONER SHALL MAINTAIN A RECORD OF THE BOUNDARIES  OF  THE
 LANDS  WHICH HAVE BEEN DEDICATED TO THE GREAT SWAMP PRESERVE IN TEXT AND
 DEPICTED ON A MAP.
 S. 9220--A                          7
 
   2. LAND OWNED BY THE STATE WITHIN THE GREAT SWAMP RESERVE MAY BE DEDI-
 CATED TO BE PART OF THE GREAT  SWAMP  PRESERVE  BY  THE  ACTION  OF  THE
 COMMISSIONER OR THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRES-
 ERVATION, OR BY ACTION OF THE LEGISLATURE.
   3. LAND OWNED BY A LOCAL GOVERNMENT WITHIN THE GREAT SWAMP RESERVE MAY
 BE  DEDICATED  TO  THE  GREAT  SWAMP PRESERVE BY THE ACTION OF ITS LOCAL
 LEGISLATIVE BODY.
   4. LAND OWNED BY PRIVATE INDIVIDUALS WITHIN THE  GREAT  SWAMP  RESERVE
 MAY BE DEDICATED TO BE PART OF THE GREAT SWAMP PRESERVE BY THE EXECUTION
 OF A CONSERVATION EASEMENT.
   5.  LAND IN THE CORE PRESERVATION AREA WHICH COME IN THE PUBLIC DOMAIN
 SHALL BE DEEMED TO BE DEDICATED TO THE GREAT SWAMP PRESERVE.
   6. EXCEPT FOR THE CORE PRESERVATION AREA WHICH SHALL BE DEEMED  TO  BE
 DEDICATED  TO THE PRESERVE, THE COMMISSION SHALL REVIEW AND MUST APPROVE
 EACH DEDICATION OF LAND TO THE PRESERVE.
   7. NO PUBLICLY OWNED REAL  PROPERTY,  DEDICATED  TO  THE  GREAT  SWAMP
 PRESERVE,  SHALL  BE  ALIENATED  EXCEPT BY LAW ENACTED BY TWO SUCCESSIVE
 REGULAR SESSIONS OF THE LEGISLATURE,  BUT  EASEMENTS  FOR  PUBLIC  WATER
 SUPPLY PURPOSES MAY BE MAINTAINED CONSISTENT WITH LOCAL ORDINANCES.
   8.  THE  COMMISSION SHALL HAVE NO AUTHORITY TO MANAGE ANY PRIVATE LAND
 UNLESS SUCH LAND HAS BEEN VOLUNTARILY DEDICATED PURSUANT TO THIS ARTICLE
 OR THE OWNER HAS EXECUTED A VOLUNTARY WRITTEN AGREEMENT WITH THE COMMIS-
 SION AUTHORIZING THE SPECIFIC MANAGEMENT ACTIONS TAKEN.
   9. NOTHING CONTAINED IN THIS ARTICLE SHALL AFFECT ANY  PREVIOUS  DEDI-
 CATION  OF  STATE  LAND  TO  THE STATE NATURE AND HISTORIC PRESERVE. ANY
 STATE LAND DEDICATED TO THE GREAT SWAMP PRESERVE MAY ALSO  BE  DEDICATED
 TO THE STATE NATURE AND HISTORIC PRESERVE.
 § 59-0117. GREAT SWAMP ADVISORY COMMITTEE.
   UPON  THE ADOPTION OF THE GREAT SWAMP LAND USE AND MANAGEMENT PLAN THE
 GREAT SWAMP ADVISORY COMMITTEE SHALL BE CREATED. THE ADVISORY  COMMITTEE
 SHALL ACTIVELY ASSIST AND ADVISE THE COMMISSION IN THE IMPLEMENTATION OF
 THE  GREAT  SWAMP  LAND  USE AND MANAGEMENT PLAN. THE ADVISORY COMMITTEE
 SHALL CONSIST OF NOT MORE THAN TWENTY-EIGHT MEMBERS WHICH SHALL  INCLUDE
 REPRESENTATIVES  OF  ENVIRONMENTAL GROUPS, ECONOMIC DEVELOPMENT AND REAL
 ESTATE INTERESTS, FARMERS,  WATER  SUPPLIERS,  CIVIC  GROUPS,  PLANNERS,
 BIOLOGISTS,  WATER  QUALITY  SCIENTISTS  AND RECREATIONAL INTERESTS. THE
 MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION.  THE  INITIAL
 MEMBERS  OF  THE ADVISORY COMMITTEE SHALL INCLUDE A CIVIC REPRESENTATIVE
 FROM EACH OF THE TOWNS OF PAWLING, PATTERSON, DOVER AND SOUTHEAST DESIG-
 NATED BY THE SUPERVISOR THEREOF. THE COMMITTEE MAY BE EXPANDED AS NECES-
 SARY BY THE COMMISSION TO INCORPORATE OTHER INTERESTS IN THE DEVELOPMENT
 AND PRESERVATION OF THE GREAT SWAMP PRESERVE. EACH MEMBER SHALL SERVE AT
 THE PLEASURE OF THE ENTITY WHICH  DESIGNATED  IT.  THE  COMMITTEE  BY  A
 MAJORITY VOTE SHALL ELECT A CHAIRPERSON. THE COMMISSION SHALL MEET BIAN-
 NUALLY  WITH  THE  ADVISORY COMMITTEE, MAKE AVAILABLE WORKING DRAFTS AND
 OTHER DOCUMENTS, AND SHALL PROVIDE SERVICES TO  THE  COMMISSION  AS  ARE
 NECESSARY AND APPROPRIATE TO CARRY OUT ITS FUNCTIONS UNDER THIS ARTICLE.
 § 59-0119. LIMITATIONS ON REGULATION OF HUNTING, FISHING AND RECREATION-
              AL ACTIVITIES; NONREGULATION OF FEDERAL CONSERVATION ACTIV-
              ITIES.
   NOTHING  IN  THIS  ARTICLE SHALL BE INTERPRETED TO AUTHORIZE THE REGU-
 LATION OF HUNTING, FISHING, TRAPPING, POSSESSION OF  WILDLIFE  OR  OTHER
 RECREATIONAL  ACTIVITIES IN THE GREAT SWAMP RESERVE, EXCEPT AS OTHERWISE
 PROVIDED BY LAW. THIS ARTICLE SHALL NOT APPLY TO ANY  ACTION  UNDERTAKEN
 BY  ANY FEDERAL AGENCY OR FEDERAL DEPARTMENT IN FULFILLMENT OF ITS OBLI-
 GATIONS OR DUTIES PURSUANT  TO  ANY  FEDERAL  LAW,  FEDERAL  REGULATION,
 S. 9220--A                          8

 FEDERAL  AGENCY POLICY, OR FEDERAL MANAGEMENT ACTIVITY RELATING TO WILD-
 LIFE, GAME OR NONGAME SPECIES MANAGEMENT, HABITAT PROTECTION, OR  MIGRA-
 TORY SPECIES PROTECTION.
 § 59-0121. EFFECT ON OTHER LAWS.
   EXCEPT  AS  OTHERWISE PROVIDED IN THE PROVISIONS OF THIS ARTICLE, THIS
 ARTICLE SHALL NOT AFFECT:
   1. THE POLICE POWERS, LOCAL PLANNING POWERS, ZONING POWERS OR AUTHORI-
 TY TO REGULATE LAND USES BY VILLAGES AND TOWNS WITHIN  THE  GREAT  SWAMP
 RESERVE; OR
   2.  THE POLICE POWER OF THE STATE TO REGULATE ANY ACTIVITY CARRIED OUT
 UPON ANY LANDS, IN THE GREAT SWAMP RESERVE; OR
   3. THE AUTHORITY OF ANY STATE OR PUBLIC AGENCY IN  THE  MANAGEMENT  OF
 ANY STATE OR PUBLIC LANDS IN THE GREAT SWAMP RESERVE.
 § 59-0123. SEVERABILITY.
   THE  PROVISIONS  OF THIS ARTICLE SHALL BE SEVERABLE AND IF ANY PORTION
 THEREOF OR THE APPLICABILITY THEREOF  TO  ANY  PERSON  OR  CIRCUMSTANCES
 SHALL BE HELD INVALID, THE REMAINDER OF THIS ARTICLE AND THE APPLICATION
 THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 2. This act shall take effect immediately.