1. The Laws of New York
  2. Consolidated Laws
  3. Environmental Conservation
  4. Article 45: State Nature and Historical Preserve Trust


Section 45-0111 Functions, powers and duties

Environmental Conservation (ENV)

  The trustee shall have the duty of assisting the legislature and the governor in implementing the policy of the state as set forth in section 4 of article XIV of the State Constitution, and in order to carry out such purposes he shall have the following functions, powers and duties:

  1. To recommend to the Governor and legislature real property to be included in the preserve. In making such recommendations, the trustee shall first find that such real property qualifies for inclusion in the preserve because of its natural beauty, wilderness character, it contains old-growth forest, or is of other geological, ecological or historical significance. Such recommendation shall include, where appropriate, the estimated value or cost of the real property, justification for its inclusion in the preserve, and provision for management, care, custody and control of the real property. When the trustee identifies a parcel of state land which may be an old-growth forest, the trustee shall evaluate the parcel, and if it meets the criteria of an old-growth forest, recommend the parcel be included in the preserve. When the trustee recommends property be placed in the preserve to protect old-growth forest, such recommendation shall include provisions that the old-growth forest be protected with minimum management or disturbance that only considers passive recreational opportunities with no construction of public amenities. In those provisions, the protection of the old-growth forest from invasive species and diseases may be considered. Such real property may include, but not be limited to real property presently owned in the name of the state, unconditional or conditional grants, gifts and bequests to the state of real property, and real property recommended by the trustee for acquisition.

  2. To prepare and submit an annual report to the Governor and the legislature on or before February first on the activities of the trust.

  3. To undertake research and studies related to activities of the trust.

  4. To maintain a current inventory of all real property which has been dedicated to the preserve.

  5. To request any state agency to render assistance in carrying out the purposes of this article. Any state agency is authorized to render such assistance to the trustee.

  6. To make such rules and regulations as the trustee may determine necessary for the purposes of properly carrying out his functions, powers and duties, and to do all things necessary or convenient for carrying out the foregoing functions.