NY Env Conserv L § 9-0505 (2021)
2021 New York Laws ENV - Environmental Conservation Article 9 - Lands and Forests Title 5 - Reforestation Areas 9-0505 - Sale of Products From Reforestation Areas.

§ 9-0505. Sale of products from reforestation areas.1. The commissioner, upon such terms as may be deemed by him to be for   the  best  interests of the state and subject to the following rules and   regulations, may sell the trees, timber and other products on any  areas   outside of the forest preserve counties heretofore or hereafter acquired   by  gift,  purchase  or appropriation and on any lands within the forest   preserve counties, but outside of the Adirondack and Catskill  parks  as   now  fixed,  or  hereafter  extended  by  law,  heretofore  or hereafter   acquired pursuant to this section by the department. For the purposes of   this section, the term "other products" shall also include, but  not  be   limited to, the sap from maple trees.2.  All  trees,  timber  or other products to be sold shall be plainly   marked or otherwise designated prior to selling  and  no  such  material   shall be removed from said land until paid for.3.  No  such material shall be sold at less than the fair market value   in the county or counties in which it  is  located.  Fair  market  value   shall  be  the  value  fixed by a department forester or other competent   appraiser in a report made after an examination of the materials  to  be   sold,  provided  such  appraisal  is  approved  by the commissioner. The   commissioner shall have authority to sell such  materials  at  not  less   than the value thus fixed and under such conditions as he may prescribe.4.  a.  No sale of such materials appraised at ten thousand dollars or   more shall be made without public notice of sale, and after  receipt  of   sealed  bids  which shall be opened only at the time and place specified   in the notice of sale. Award shall be made only to the highest bidder.b. The public notice of the sale of such materials shall be  a  notice   describing  the  materials and location thereof, the date when and place   where bids will be opened and  the  address  at  which  said  forms  and   specific  details  of  the  sale  may  be obtained. Such notice shall be   printed in the Procurement Opportunity Newsletter,  and  in  such  other   newspapers as will be most likely to give adequate notice of the sale of   such  materials, for such time and in such manner as shall be determined   by the commissioner.c. The state may reject all bids submitted if the highest bid is below   the fair market value as determined above. No bids shall be withdrawn or   cancelled until after the award shall have been made, but the state  may   reject  any  bids  which do not conform to rules and regulations and may   reject all bids and again  advertise  for  bids  in  the  manner  herein   provided  if  the interests of the state shall be promoted thereby. Each   bidder with his bid shall deposit  with  the  commissioner  a  certified   check  drawn  upon some legally incorporated bank in this state or money   for five per centum of the amount of his bid as a guarantee that he will   enter into the contract of sale if it be awarded to him. Notice  of  the   requirement of such deposit with the bid shall be embodied in the public   notice for such letting and such notice shall also require the giving of   a bond in such amount as the commissioner may prescribe for the faithful   performance of the contract and for the indemnification of the state for   any  unnecessary injury to property of the state, forest growth or other   materials not marked or otherwise  designated  for  removal  under  such   contract,  which  may  result from the removal of the materials sold. In   lieu of such bond the bidder may deposit cash or a certified check  with   the  commissioner.  The  contract  when  awarded  shall  be  executed in   triplicate, one triplicate original shall  be  forthwith  filed  in  the   office of the commissioner, one together with the bond accompanying such   contract in the office of the State Comptroller and one furnished to the   contractor.  The  contractor  shall present to the commissioner evidence   that he is insured against all claims  for  workmen's  compensation  and   public liability. d. For sales appraised at more than five hundred dollars and less than   ten  thousand  dollars  the  commissioner, at a minimum, shall develop a   local bid procedure to ensure that the public is aware of such sales and   that such sales be awarded to the highest responsible bidder.