S T A T E O F N E W Y O R K
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3096
2025-2026 Regular Sessions
I N A S S E M B L Y
January 23, 2025
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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-
FOUR.
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.
LBD01423-01-5
A. 3096 2
B. (I) EXCEPT AS PROVIDED IN THIS SECTION, CONVEYANCES OF FEDERAL
PUBLIC LANDS IN THE STATE ARE VOID AB INITIO UNLESS THE COMMISSIONER OF
GENERAL SERVICES WAS PROVIDED WITH THE RIGHT OF FIRST REFUSAL TO THE
CONVEYANCE OR THE RIGHT TO ARRANGE FOR THE TRANSFER OF THE FEDERAL
PUBLIC LAND TO ANOTHER ENTITY.
(II) THE COMMISSIONER OF GENERAL SERVICES MAY SEEK DECLARATORY AND
INJUNCTIVE RELIEF FROM A COURT OF COMPETENT JURISDICTION TO CONTEST
CONVEYANCES MADE TO ANY ENTITY UNLESS THE REQUIREMENTS OF THIS SECTION
ARE MET.
(III) THE COMMISSIONER OF GENERAL SERVICES SHALL FORMALLY CONSIDER ITS
RIGHT OF FIRST REFUSAL OR ARRANGE FOR THE TRANSFER OF FEDERAL PUBLIC
LANDS TO A THIRD PARTY AT A PUBLIC HEARING.
(IV) (A) PRIOR TO THE CONVEYANCE OF FEDERAL PUBLIC LANDS IN STATE, IF
THE COMMISSIONER OF GENERAL SERVICES WAS PROVIDED WITH THE RIGHT OF
FIRST REFUSAL OR THE RIGHT TO ARRANGE FOR THE TRANSFER OF THE FEDERAL
PUBLIC LANDS TO ANOTHER ENTITY, THE COMMISSIONER OF GENERAL SERVICES
SHALL ISSUE A CERTIFICATE AFFIRMING COMPLIANCE WITH THIS SECTION.
(B) THE COMMISSIONER OF GENERAL SERVICES SHALL WAIVE ITS RIGHT OF
FIRST REFUSAL OR THE RIGHT TO ARRANGE FOR THE TRANSFER OF THE FEDERAL
PUBLIC LANDS TO ANOTHER ENTITY, AND ISSUE A CERTIFICATION OF COMPLIANCE
AFFIRMING COMPLIANCE WITH THIS SECTION FOR A CONVEYANCE THAT IS DEEMED
BY THE COMMISSIONER OF GENERAL SERVICES TO BE ROUTINE. A CONVEYANCE
DEEMED BY THE COMMISSIONER OF GENERAL SERVICES TO BE ROUTINE INCLUDES,
BUT IS NOT LIMITED TO, THE EXCHANGE OF LANDS OF EQUAL VALUE BETWEEN THE
FEDERAL GOVERNMENT AND A PRIVATE ENTITY. THE COMMISSIONER OF GENERAL
SERVICES MAY ADOPT REGULATIONS TO ESTABLISH A PROCESS AND CRITERIA FOR
DETERMINING THE TYPES OF CONVEYANCES IT CONSIDERS TO BE ROUTINE.
(V) THE COMMISSIONER OF GENERAL SERVICES, AND THE DEPARTMENT OF ENVI-
RONMENTAL CONVERSATION SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING
THAT ESTABLISHES A STATE POLICY THAT BOTH AGENCIES SHALL UNDERTAKE ALL
FEASIBLE EFFORTS TO PROTECT AGAINST ANY FUTURE UNAUTHORIZED CONVEYANCE
OR ANY CHANGE IN FEDERAL PUBLIC LAND DESIGNATION, INCLUDING, BUT NOT
LIMITED TO, ANY CHANGE IN USE, CLASSIFICATION, OR LEGAL STATUS OF ANY
LANDS DESIGNATED AS FEDERAL MONUMENTS PURSUANT TO THE FEDERAL ANTIQUI-
TIES ACT OF 1906.
3. THE STATE SHALL NOT BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH
CONVEYED FEDERAL PUBLIC LAND THAT THE COMMISSIONER OF GENERAL SERVICES
DID NOT ACCEPT, PURCHASE, OR ARRANGE FOR THE TRANSFER OF, PURSUANT TO
THIS SECTION. COSTS INCLUDE, BUT ARE NOT LIMITED TO, MANAGEMENT COSTS
AND INFRASTRUCTURE DEVELOPMENT COSTS.
4. THE COMMISSIONER OF GENERAL SERVICES MAY ESTABLISH, THROUGH REGU-
LATIONS OR ANOTHER APPROPRIATE METHOD, A PROCESS FOR ENGAGING WITH
FEDERAL LAND MANAGERS AND POTENTIAL PURCHASERS OF FEDERAL PUBLIC LANDS
EARLY IN THE CONVEYANCE PROCESS.
5. THE COMMISSIONER OF GENERAL SERVICES SHALL ENSURE, FOR ANY CONVEYED
FEDERAL PUBLIC LAND THE COMMISSIONER ACCEPTS, PURCHASES, OR ARRANGES FOR
THE TRANSFER OF, THAT FUTURE MANAGEMENT OF THE CONVEYED FEDERAL PUBLIC
LAND IS DETERMINED IN A PUBLIC PROCESS THAT GIVES CONSIDERATION OF PAST
RECOGNIZED AND LEGAL USES OF THOSE LANDS. AT A MINIMUM, THE PUBLIC PROC-
ESS REQUIRED BY THIS SUBDIVISION SHALL INCLUDE A NOTICED AND OPEN MEET-
ING.
6. THE COMMISSIONER OF GENERAL SERVICES SHALL WAIVE ITS RIGHT OF FIRST
REFUSAL OR THE RIGHT TO ARRANGE FOR THE TRANSFER OF THE FEDERAL PUBLIC
LANDS TO ANOTHER ENTITY, AND ISSUE A CERTIFICATION OF COMPLIANCE AFFIRM-
ING COMPLIANCE WITH THIS SECTION FOR ANY OF THE FOLLOWING:
A. 3096 3
A. THE CONVEYANCE OF FEDERAL PUBLIC LANDS PURSUANT TO A CONSERVATION
PLAN.
B. THE RENEWAL OF A LEASE IN EXISTENCE AS OF THE FIRST OF JANUARY, TWO
THOUSAND TWENTY-FOUR.
C. THE CONVEYANCE OF FEDERAL PUBLIC LANDS TO A FEDERALLY RECOGNIZED
NATIVE AMERICAN TRIBE OR LANDS TAKEN INTO OR OUT OF TRUST FOR A NATIVE
AMERICAN TRIBE OR INDIVIDUAL NATIVE AMERICAN.
7. THE PROVISIONS OF THIS SECTION ARE SEVERABLE. IF ANY PROVISION OF
THIS SECTION OR ITS APPLICATION IS HELD INVALID, THE INVALIDITY SHALL
NOT AFFECT OTHER PROVISIONS OR APPLICATIONS THAT CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION.
8. THIS SECTION SHALL NOT APPLY TO THE SALE OF REAL PROPERTY ACQUIRED
BY A FEDERAL AGENCY THROUGH A FORECLOSURE PROCEEDING.
§ 2. The real property law is amended by adding a new section 291-k to
read as follows:
§ 291-K. RECORDING OF DOCUMENTS REGARDING FEDERAL LANDS. 1. A PERSON
SHALL NOT KNOWINGLY PRESENT FOR RECORDING OR FILING WITH A COUNTY CLERK
A DEED, INSTRUMENT, OR OTHER DOCUMENT RELATED TO A CONVEYANCE SUBJECT TO
SECTION TWENTY-ONE-A OF THE PUBLIC LANDS LAW UNLESS IT IS ACCOMPANIED BY
A CERTIFICATE OF COMPLIANCE FROM THE COMMISSIONER OF GENERAL SERVICES.
FURTHER, A DEED, INSTRUMENT, OR OTHER DOCUMENT RELATED TO A CONVEYANCE
THAT IS SUBJECT TO SECTION TWENTY-ONE-A OF THE PUBLIC LANDS LAW SHALL BE
TITLED "FEDERAL PUBLIC LAND DEED OF CONVEYANCE" AND SHALL NOT BE
RECORDED WITHOUT A CERTIFICATE FROM THE COMMISSIONER OF GENERAL
SERVICES. THE FEDERAL AGENCY WISHING TO CONVEY FEDERAL PUBLIC LANDS
SHALL ENSURE THAT THE DEED, INSTRUMENT, OR OTHER CONVEYANCE DOCUMENT IS
TITLED IN THE MANNER REQUIRED BY THIS SECTION.
2. A PERSON WHO PRESENTS FOR RECORDING OR FILING WITH A COUNTY CLERK A
DEED, INSTRUMENT OR OTHER DOCUMENT IN VIOLATION OF THIS SECTION IS
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS.
3. CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE DEPOS-
ITED INTO THE GENERAL FUND.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.