New York S 384: Establishes a right of first refusal in the state for federal public land to be transferred

Bill Text

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S00384 Summary:

BILL NOS00384 

&nbsp

SAME ASSAME AS A03096

&nbsp

SPONSORSKOUFIS

&nbsp

COSPNSRGOUNARDES, KRUEGER, MAY

&nbsp

MLTSPNSR

&nbsp

Add §21-a, Pub Lds L; add §291-k, RP L

&nbsp

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.

Go to top S00384 Actions:

BILL NOS00384 

&nbsp

01/08/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

05/28/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

03/10/20261ST REPORT CAL.524

03/11/20262ND REPORT CAL.

03/12/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS00384 Committee&nbspVotes:

Go to topS00384 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00384 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 384

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. SKOUFIS, GOUNARDES, KRUEGER -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Investigations and Government 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:

 1 Section 1. The public lands law is amended by adding a new section
 2 21-a to read as follows:
 3 § 21-a. Conveyance of federal lands. 1. For purposes of this section,
 4 the following terms apply:
 5 a. "Conservation plan" means a habitat conservation plan developed
 6 pursuant to section 10 of the federal Endangered Species Act of 1973 (16
 7 U.S.C. Sec. 1539) and its implementing regulations, as the federal act
 8 and regulations exist as of the first of January, two thousand twenty-
 9 four.
 10 b. "Conveyance" includes any method, including sale, donation or
 11 exchange, by which all or a portion of the right, title, and interest of
 12 the United States in and to federal lands located in the state is trans-
 13 ferred to another entity.
 14 c. "Federal public land" means any land owned and managed by the
 15 United States, including the surface estate, the subsurface estate, or
 16 any improvement on those estates, which is owned and managed by the fish
 17 and wildlife service, the forest service and the national park service.
 18 d. "Infrastructure" means any development or construction that is not
 19 on or appurtenant to the federal public land at the time of transfer.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01423-01-5

 S. 384 2

 1 2. a. Notwithstanding any other provision of the law, it is the policy
 2 of the state to discourage conveyances that transfer ownership of feder-
 3 al public lands in the state from the federal government.
 4 b. (i) Except as provided in this section, conveyances of federal
 5 public lands in the state are void ab initio unless the commissioner of
 6 general services was provided with the right of first refusal to the
 7 conveyance or the right to arrange for the transfer of the federal
 8 public land to another entity.
 9 (ii) The commissioner of general services may seek declaratory and
 10 injunctive relief from a court of competent jurisdiction to contest
 11 conveyances made to any entity unless the requirements of this section
 12 are met.
 13 (iii) The commissioner of general services shall formally consider its
 14 right of first refusal or arrange for the transfer of federal public
 15 lands to a third party at a public hearing.
 16 (iv) (A) Prior to the conveyance of federal public lands in state, if
 17 the commissioner of general services was provided with the right of
 18 first refusal or the right to arrange for the transfer of the federal
 19 public lands to another entity, the commissioner of general services
 20