2022 New York Laws
ENV - Environmental Conservation
Article 3 - Department of Environmental Conservation; General Functions, Powers, Duties and Jurisdiction
Title 3 - General Functions, Powers, Duties and Jurisdiction
3-0321 - Gifts, Donations, Capital Improvements.

§ 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.