2023 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.