6. a. The books, records, relics and other property in such bureau shall be open for inspection and use, except the use of the colors, standards and battle flags, at such reasonable hours and under such regulations as the chief of staff of the state may determine. b. No property placed in such bureau for the purposes of this section shall be removed therefrom, or from the immediate custody and control of the chief of staff of the state, except as follows:
- (1) colors, standards, battle flags and guidons received from the United States may be turned over by the chief of staff, with the approval of the governor, under such conditions as the governor may prescribe, to active organizations of the New York national guard and New York naval militia, representing the organizations which carried such colors, standards, battle flags and guidons while in the active military service of the United States;
- (2) the chief of staff of the state, subject to the approval of the adjutant general, may lend any of the property placed in such bureau for the purposes of this section to a public corporation or agency thereof; state institution or other state agency; educational corporation or institution; museum; or historical society under such conditions as the chief of staff may prescribe;
- (3) notwithstanding any other provision of law, the chief of staff of the state, subject to the approval of the adjutant general, may destroy, sell or otherwise permanently dispose of any property in such bureau, except books and records, provided he:
- (a) advises the state historian of the nature of the property;
- (b) certifies to the state historian that such property no longer has sufficient administrative, historical or military value to warrant its retention; and
- (c) receives the consent of the state historian to the destruction, sale or other permanent disposition of the property;
- (4) books and records in such bureau shall be disposed of or destroyed in accordance with the provisions of subdivision eleven of section 57.05 of the arts and cultural affairs law.