New York A 3096: Establishes a right of first refusal in the state for federal public land to be transferred

Bill Text

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A03096 Summary:

BILL NOA03096 

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SAME ASSAME AS S00384

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SPONSORSantabarbara

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COSPNSR

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MLTSPNSR

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

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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 A03096 Actions:

BILL NOA03096 

&nbsp

01/23/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA03096 Committee&nbspVotes:

Go to topA03096 Floor&nbspVotes:

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

Go to topA03096 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3096

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 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:

 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.
 20 2. a. Notwithstanding any other provision of the law, it is the policy
 21 of the state to discourage conveyances that transfer ownership of feder-
 22 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

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