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This entry was published on 2019-04-19
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SECTION 3-0321
Gifts, donations, capital improvements
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 3, TITLE 3
§ 3-0321. Gifts, donations, capital improvements.

1. Notwithstanding the provisions of the state finance law, or any
other state law to the contrary, and subject to approval of the director
of the budget, the commissioner is authorized to accept an unconditional
grant, gift, devise or bequest, either absolutely or in trust, from
persons and entities for the maintenance of any educational or
recreational facilities or for programs that promote the use or
stewardship of state owned lands under the department's jurisdiction or
management; establish a special fund or funds consisting of monies so
acquired and administer such fund or funds; and expend such monies.

2. Notwithstanding the provisions of the state finance law, or any
other state law to the contrary, the commissioner is authorized to:

(a) receive, hold and administer personal property and any income
thereof, acquired by grant, unconditional gift, devise or bequest,
either absolutely or in trust, for the maintenance of any educational or
recreational facilities or for programs that promote the use or
stewardship of state owned lands under the department's jurisdiction or
management; establish a special fund or funds consisting of monies so
acquired and administer such fund or funds; and expend such monies; and

(b) seek investment from private philanthropic interest or
not-for-profit corporations for capital improvements at state owned
facilities under the department's jurisdiction or management.

3. For purposes of this section, educational or recreational
facilities or programs that promote the use or stewardship of
state-owned lands under the department's jurisdiction or management
shall include, but not be limited to, campgrounds, fish hatcheries,
historic areas and facilities, kiosks, signage, programs for maintenance
and development of roads and trails, and programs to improve access for
persons with disabilities.

4. The commissioner shall not accept any grant, gift, devise or
bequest from or enter into any contract or agreement authorized pursuant
to subdivisions one, two, and, three of this section with persons or
entities:

(a) named in a pending lawsuit by or against the department;

(b) under investigation by the department;

(c) with a permit or license application pending before the department
or currently holding a department-issued permit or license, except for
permits or licenses that are ministerial in nature, such as sporting
licenses, use of state land permits, or general permits;

(d) engaged in settlement negotiations with the department regarding
any civil, criminal or administrative matter; or

(e) subject to a consent order issued by the department.