New York 2025-2026 Regular Session

New York Assembly Bill A03096

Introduced
1/23/25  
Refer
1/23/25  

Caption

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.

Summary

This bill would create a new state policy discouraging the transfer of federal public lands in New York and would give the commissioner of general services a right of first refusal, or the ability to arrange a transfer to another entity, before certain federal public land conveyances could proceed. It defines covered lands broadly to include land owned and managed by the U.S. Fish and Wildlife Service, Forest Service, and National Park Service, including surface, subsurface, and improvements. The bill also requires the commissioner to consider these transfers at a public hearing, issue a certificate of compliance for covered conveyances, and may seek court relief to block transfers that do not comply. The bill further amends the real property law to bar county clerks from recording deeds or other documents related to covered conveyances unless they are accompanied by the required certificate of compliance, and it imposes a civil penalty of up to $5,000 for violations. It exempts certain transactions, including conveyances under conservation plans, renewals of existing leases, transfers involving federally recognized Native American tribes or trust status changes, and sales of property acquired by federal agencies through foreclosure. It also directs the state to avoid bearing costs for federal land the state does not accept or arrange to transfer, and authorizes the commissioner to develop procedures for early engagement with federal land managers and potential purchasers. In practical terms, the bill would add a new layer of state oversight to federal land transfers in New York and could affect federal agencies, private purchasers, county clerks, and the state Department of General Services. It would also create a state recording requirement tied to land conveyances, potentially affecting title recording practices and the marketability of certain federal land transactions. The bill expressly preserves state discretion over whether to accept or facilitate transfers and requires future management of accepted lands to be determined through a public process. The available context shows no recorded votes or committee discussion, so there is no documented formal debate or opposition in the provided materials. Based on the bill text, the measure appears to be framed as a land-preservation and state-control proposal, with an emphasis on preventing unauthorized or undesirable transfers of federal public lands and protecting existing land uses. Any likely support would come from those favoring conservation, public process, and state involvement in land disposition, while likely concerns would center on federal-state authority, administrative burden, and the practical effect of voiding or delaying land conveyances.

Impact

The bill would amend the Public Lands Law by adding a new section governing conveyances of federal public lands in New York and would amend the Real Property Law to create a recording restriction for documents tied to those conveyances. It would require a certificate of compliance from the commissioner of general services before certain federal land transfers could be recorded, authorize the commissioner to challenge noncompliant transfers, and impose civil penalties for improper filing. The measure would affect federal land managers, prospective purchasers, county clerks, and state agencies involved in land oversight and recording.

Sentiment

No committee transcript or vote history is provided, so there is no direct evidence of legislative sentiment in the record supplied. From the bill’s structure and findings, the measure is clearly intended to protect federal public lands and ensure state review before transfers, suggesting a generally preservation-oriented and state-assertive posture. The exemptions for conservation plans, existing leases, and tribal transfers indicate an effort to limit the bill’s reach to contested conveyances rather than routine or culturally sensitive transactions.

Contention

The main points of contention are likely to be the bill’s assertion of a state right of first refusal over federal public land transfers, the provision declaring noncompliant conveyances void ab initio, and the requirement that county clerks refuse recording without state certification. Critics may view these provisions as burdensome, potentially conflicting with federal land management authority, or creating uncertainty for land transactions. Supporters are likely to emphasize conservation, transparency, public hearings, and the protection of existing land uses, while the bill’s exemptions for tribes, conservation plans, and routine exchanges suggest an attempt to address some of the most sensitive objections.

Companion Bills

NY S00384

Same As 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.

Similar Bills

No similar bills found.