§ 9-0105. General powers and duties.\n For the purpose of carrying out the provisions of this article, the\ndepartment shall have the power, duty and authority to:\n 1. Exercise care, custody and control of the several preserves, parks\nand other state lands described in this article.\n 2. Consistent with the provisions of section 9-0109 of this chapter,\nestablish, acquire, control and manage state parks, historic sites and\nparkways in the forest preserve counties within the sixth park region as\ndefined in section 41-0101 and to acquire lands for such purposes when\nmoneys have been appropriated therefor.\n 3. Make necessary rules and regulations to secure proper enforcement\nof the provisions hereof. In particular, the department shall have\nauthority to make rules and regulations prohibiting any person or\npersons from entering upon any state-owned lands, or restricting the\nactivities of the public on such lands, whenever it determines that a\nserious fire hazard exists thereon, and with the consent of the owner to\nextend the applicability of such rules and regulations, in whole or in\npart, to privately-owned forest lands.\n 4. Establish, operate and maintain nurseries for the production of\ntrees to be used in reforestation. Such trees may be used to reforest\nany land owned by the state, supplied to owners of private land at a\nprice not exceeding cost of production, or used for planting on public\nlands under such terms as may be deemed to be for the public benefit.\n 5. Prepare, print, post or distribute printed matter relating to\nforestry and make investigations or experiments with regard to forestry\npractices.\n 6. Receive and accept, in the name of the people of the state, by\ngift, devise, or otherwise, the fee or other interest or estate therein\nof lands or timber or both, for general conservation purposes, including\nbut not limited to water-shed protection, forest management, production\nof timber or other forest products, silviculture, forest and outdoor\nrecreation and kindred purposes.\n 7. Acquire, when moneys therefor have been appropriated by the\nlegislature or are otherwise available, real property or any interest in\nany timber thereon, situated within the Adirondack or the Catskill parks\nor contiguous, connected with or adjacent to either park, deemed\nnecessary for the enlargement of the forest preserve or for the\nconservation of the lands, forests and waters within the state, and real\nproperty deemed necessary for the purpose of protecting the forests\nwithin the state from fire.\n 7-a. Acquire, with the approval of the director of the budget and\nwithin such appropriations as may be made available therefor by the\nlegislature, such abandoned railroad rights-of-way and other real\nproperty pursuant to subdivision seven of this section as may be\nnecessary to develop a system of trails in the Adirondack and Catskill\nparks which shall mesh, where possible, with the comprehensive statewide\ntrails system promulgated by the commissioner of parks and recreation;\nand promulgate, develop and improve such trails systems within said\nparks in order to make such trails suitable and available for use. For\nthe purposes of this subdivision "trails" shall include footpaths,\nbikeways, snowmobile trails, horse trails, cross country ski trails,\nroads and other rights-of-way suitable for hiking, strolling, cycling,\nhorseback riding, skiing and other means of motorized and non-motorized\ntravel for recreational purposes and shall include combinations and\nsystems of trails, including connecting and side trails, and trails\nleading to scenic and recreational areas.\n 8. Examine the forest lands under the charge of the several state\ninstitutions, boards or other management for the purpose of advising and\ncooperating in securing proper forest management of such lands.\n 9. Bring any action or proceeding for the following purposes:\n a. to enforce the state's rights or interests in real proper
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