4.1. General Procedure

This procedure is to ensure that appropriate or required lease and sale transaction proposals of real property under the jurisdiction of the Corporation are reviewed by the CRC for consistency with the CRP.

4.2. CRC Review of Lease or Sale Transaction Proposals

4.2.1. The Office of Land Management (OLM) will ensure that appropriate or required lease and sale transaction proposals are subject to CRC review. The following lease and sale transaction proposals do not require CRC review:

• Private residential, non-revenue generating (to the lessee) use or minor improvements on parcels not exceeding one acre;
• Utility crossings;
• Farmland (excluding orchards) or conservation of natural areas on parcels not exceeding one acre;
• Municipal government use for non-revenue generating (to the municipality or its agent) public outdoor recreation, excluding amphitheaters, on parcels not exceeding one acre;
• Leases with municipalities for development of the gateway harbors and service ports as specifically identified in the CRP;
• Sale to upland owners of land at canal reservoirs outside the Adirondack Park, with the condition that such sales be consistent with Governor Pataki’s initiatives relating to open space.

September 2006 900-1-02.3

4.2.2. If the proposed real property transaction is subject to CRC review, OLM will send a COMMENT LETTER¹ to the municipality and Regional Planning Commission notifying them of the proposed lease or sale. Any comments received will be included in the materials presented to the CRC.

4.2.3. OLM will make and forward a copy of the real property transaction materials to the CRC Administrative Assistant with a NOTICE OF COMPLETE APPLICATION². See CRC CHECKLIST³ for the material that must be included. OLM will retain the original transaction materials.

4.2.4. The CRC Administrative Assistant will forward copies of the materials to the CRC members and will document the date the materials are forwarded on the NOTICE OF COMPLETE APPLICATION. For leases, this date will start the CRC 60-day maximum review period mandated by Canal Law. The CRC Administrative Assistant will retain a copy of the materials.

4.2.5. The CRC Administrative Assistant will arrange a meeting of the CRC Real Property Committee to review the proposed transaction. OLM and/or Canal Division staff will present the proposed transaction to the CRC Real Property Committee. The Committee will make a recommendation regarding the proposed transaction’s consistency with the CRP.

4.2.6. OLM will then coordinate the presentation of the proposed transaction to the full CRC. As part of the coordination, OLM will determine who will make the presentation. OLM and/or the Division Canal Engineer will attend the presentation to address CRC questions with respect to the proposed transaction’s consistency with the CRP. OLM will provide the CRC with any comments made by local, regional or State agencies with respect to the proposed transaction. The CRC Real Property Committee’s recommendation will be provided to the full CRC for their consideration.

4.2.7. The CRC will review the proposed transaction. The CRC will, by resolution, document whether the proposed transaction is consistent or inconsistent with the CRP. The CRC Administrative Assistant will maintain originals of all CRC resolutions.

1 Exhibit 1 2 Exhibit 2 3 Exhibit 3 September 2006 900-1-02.3

4.2.8. Once a determination of consistency with the CRP has been made by resolution, the CRC will provide comments to the Director of Canals regarding the proposed lease or sale transaction. OLM will progress the transaction according to the appropriate procedure.

Note: For sales, unless an extension is agreed to by the Corporation, the CRC will provide comments within 60 days of the date on the Notice of Complete Application.

4.2.9. If the CRC determines that the proposed transaction is not consistent with the CRP, the Director of Canals will reassess the transaction to determine whether or not to proceed.