(a) A property shall be eligible for grant assistance if, prior to the date of application it is:

(b) A property which meets the requirements of subdivision (a) of this section but which is privately owned, owned by a Federal agency, or owned by New York State but under the jurisdiction of an agency other than the Office of Parks, Recreation and Historic Preservation is not eligible for grant assistance unless an interest in the property is granted to the office, a municipality or a not-for-profit corporation and such interest is, in the opinion of the commissioner, of sufficient duration to guarantee a public benefit from the grant. Property interests which satisfy this requirement may include, but are not limited to, a lease or easement with an unexpired term of at least 23 years from the date on which the check for final payment on the project is issued by the State Comptroller.