(a) To assure that a sufficient public benefit shall accrue from the expenditure of public funds where the park project involves a public-private partnership, the commissioner shall consider the following eligibility and rating criteria in addition to the criteria listed in Part 440.8 of this Title and section 441.3 of this Part. The extent to which the project:

1. (1) replaces or improves an inadequate facility or creates a new facility;
2. (2) provides 51 percent or greater public use of and access to the facility for extended periods of time on a continuous or regular basis during the year;
3. (3) maximizes public use of and access to the facility during periods of peak recreational demand;
4. (4) diverts all or part of the facility to exclusive non-public use; and
5. (5) involves private funding for the project sponsor match that is high (in value, expenses, or costs of labor or services) in proportion to the approved total project cost.

(b) To assure that a sufficient public benefit shall accrue from the expenditure of public funds for the project, the following provisions shall be included in the project agreement as appropriate for projects undertaken by municipalities:

1. (1) a provision that no rule or regulation of a municipality shall restrict the use of or access to a project by non-residents of the municipality or impose a fee for such use without the prior written approval of the commissioner; and
2. (2) a requirement that facilities acquired or developed by a municipality pursuant to this Part shall not be sold, leased, exchanged, donated, disposed of or used for other than public park purposes without the prior written approval of the commissioner and the express authority of an act of the Legislature as provided in section 441.5 of this Part.

(c) To assure that a sufficient public benefit shall accrue from the expenditure of public funds for the project, the following provisions shall be included in the project agreement as appropriate for acquisition projects undertaken by not-for-profit corporations:

1. (1) a requirement that the project sponsor make and keep the project accessible to the public unless the commissioner determines that public accessibility would be detrimental to the land or any natural or historic resources contained therein;
2. (2) a requirement that lands acquired by a not-for-profit corporation pursuant to this Part shall not be sold, leased, exchanged, donated, disposed of or used for other than public park purposes without the express authority of an act of the Legislature as provided in section 441.5 of this Part;
3. (3) a requirement that the project sponsor of an acquisition project shall not sell, lease, exchange or donate the project to any entity other than a local government municipality or not-for-profit corporation which will operate and maintain the project for recreation or conservation purposes; and
4. (4) a requirement that the project sponsor execute and convey to the State, at no charge, a conservation easement pursuant to title 3 of article 49 of the Environmental Conservation Law over the land or facility being acquired by the sponsor.