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STATE OF NEW YORK ________________________________________________________________________ 7684 2013-2014 Regular Sessions IN ASSEMBLY May 30, 2013 ___________ Introduced by M. of A. SWEENEY, BUTLER, STEC, DUPREY, MAGNARELLI -- read once and referred to the Committee on Environmental Conservation CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 14 of the constitution, in relation to disputed title in township 40, Totten and Crossfield Purchase, in the town of Long Lake, Hamilton county 1 Section 1. Resolved (if the Senate concur), That section 1 of article 2 14 of the constitution be amended to read as follows: 3 Section 1. The lands of the state, now owned or hereafter acquired, 4 constituting the forest preserve as now fixed by law, shall be forever 5 kept as wild forest lands. They shall not be leased, sold or exchanged, 6 or be taken by any corporation, public or private, nor shall the timber 7 thereon be sold, removed or destroyed. Nothing herein contained shall 8 prevent the state from constructing, completing and maintaining any 9 highway heretofore specifically authorized by constitutional amendment, 10 nor from constructing and maintaining to federal standards federal aid 11 interstate highway route five hundred two from a point in the vicinity 12 of the city of Glens Falls, thence northerly to the vicinity of the 13 villages of Lake George and Warrensburg, the hamlets of South Horicon 14 and Pottersville and thence northerly in a generally straight line on 15 the west side of Schroon Lake to the vicinity of the hamlet of Schroon, 16 then continuing northerly to the vicinity of Schroon Falls, Schroon 17 River and North Hudson, and to the east of Makomis Mountain, east of the 18 hamlet of New Russia, east of the village of Elizabethtown and continu- 19 ing northerly in the vicinity of the hamlet of Towers Forge, and east of 20 Poke-O-Moonshine Mountain and continuing northerly to the vicinity of 21 the village of Keeseville and the city of Plattsburgh, all of the afore- 22 said taking not to exceed a total of three hundred acres of state forest 23 preserve land, nor from constructing and maintaining not more than twen- 24 ty-five miles of ski trails thirty to two hundred feet wide, together 25 with appurtenances thereto, provided that no more than five miles of 26 such trails shall be in excess of one hundred twenty feet wide, on the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89117-01-3A. 7684 2 1 north, east and northwest slopes of Whiteface Mountain in Essex county, 2 nor from constructing and maintaining not more than twenty-five miles of 3 ski trails thirty to two hundred feet wide, together with appurtenances 4 thereto, provided that no more than two miles of such trails shall be in 5 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun- 6 tain in Ulster and Delaware counties and not more than forty miles of 7 ski trails thirty to two hundred feet wide, together with appurtenances 8 thereto, provided that no more than eight miles of such trails shall be 9 in excess of one hundred twenty feet wide, on the slopes of Gore and 10 Pete Gay mountains in Warren county, nor from relocating, reconstructing 11 and maintaining a total of not more than fifty miles of existing state 12 highways for the purpose of eliminating the hazards of dangerous curves 13 and grades, provided a total of no more than four hundred acres of 14 forest preserve land shall be used for such purpose and that no single 15 relocated portion of any highway shall exceed one mile in length. 16 Notwithstanding the foregoing provisions, the state may convey to the 17 village of Saranac Lake ten acres of forest preserve land adjacent to 18 the boundaries of such village for public use in providing for refuse 19 disposal and in exchange therefore the village of Saranac Lake shall 20 convey to the state thirty acres of certain true forest land owned by 21 such village on Roaring Brook in the northern half of Lot 113, Township 22 11, Richards Survey. Notwithstanding the foregoing provisions, the state 23 may convey to the town of Arietta twenty-eight acres of forest preserve 24 land within such town for public use in providing for the extension of 25 the runway and landing strip of the Piseco airport and in exchange 26 therefor the town of Arietta shall convey to the state thirty acres of 27 certain land owned by such town in the town of Arietta. Notwithstanding 28 the foregoing provisions and subject to legislative approval of the 29 tracts to be exchanged prior to the actual transfer of title, the state, 30 in order to consolidate its land holdings for better management, may 31 convey to International Paper Company approximately eight thousand five 32 hundred acres of forest preserve land located in townships two and three 33 of Totten and [ Crossfield's] Crossfield Purchase and township nine of 34 the Moose River Tract, Hamilton county, and in exchange therefore Inter- 35 national Paper Company shall convey to the state for incorporation into 36 the forest preserve approximately the same number of acres of land 37 located within such townships and such County on condition that the 38 legislature shall determine that the lands to be received by the state 39 are at least equal in value to the lands to be conveyed by the state. 40 Notwithstanding the foregoing provisions and subject to legislative 41 approval of the tracts to be exchanged prior to the actual transfer of 42 title and the conditions herein set forth, the state, in order to facil- 43 itate the preservation of historic buildings listed on the national 44 register of historic places by rejoining an historic grouping of build- 45 ings under unitary ownership and stewardship, may convey to Sagamore 46 Institute Inc., a not-for-profit educational organization, approximately 47 ten acres of land and buildings thereon adjoining the real property of 48 the Sagamore Institute, Inc. and located on Sagamore Road, near Raquette 49 Lake Village, in the Town of Long Lake, county of Hamilton, and in 50 exchange therefor; Sagamore Institute, Inc. shall convey to the state 51 for incorporation into the forest preserve approximately two hundred 52 acres of wild forest land located within the Adirondack Park on condi- 53 tion that the legislature shall determine that the lands to be received 54 by the state are at least equal in value to the lands and buildings to 55 be conveyed by the state and that the natural and historic character of 56 the lands and buildings conveyed by the state will be secured by appro-A. 7684 3 1 priate covenants and restrictions and that the lands and buildings 2 conveyed by the state will reasonably be available for public visits 3 according to agreement between Sagamore Institute, Inc. and the state. 4 Notwithstanding the foregoing provisions the state may convey to the 5 town of Arietta fifty acres of forest preserve land within such town for 6 public use in providing for the extension of the runway and landing 7 strip of the Piseco airport and providing for the maintenance of a clear 8 zone around such runway, and in exchange therefor, the town of Arietta 9 shall convey to the state fifty-three acres of true forest land located 10 in lot 2 township 2 Totten and Crossfield's Purchase in the town of Lake 11 Pleasant. 12 Notwithstanding the foregoing provisions and subject to legislative 13 approval prior to actual transfer of title, the state may convey to the 14 town of Keene, Essex county, for public use as a cemetery owned by such 15 town, approximately twelve acres of forest preserve land within such 16 town and, in exchange therefor, the town of Keene shall convey to the 17 state for incorporation into the forest preserve approximately one 18 hundred forty-four acres of land, together with an easement over land 19 owned by such town including the riverbed adjacent to the land to be 20 conveyed to the state that will restrict further development of such 21 land, on condition that the legislature shall determine that the proper- 22 ty to be received by the state is at least equal in value to the land to 23 be conveyed by the state. 24 Notwithstanding the foregoing provisions and subject to legislative 25 approval prior to actual transfer of title, because there is no viable 26 alternative to using forest preserve lands for the siting of drinking 27 water wells and necessary appurtenances and because such wells are 28 necessary to meet drinking water quality standards, the state may convey 29 to the town of Long Lake, Hamilton county, one acre of forest preserve 30 land within such town for public use as the site of such drinking water 31 wells and necessary appurtenances for the municipal water supply for the 32 hamlet of Raquette Lake. In exchange therefor, the town of Long Lake 33 shall convey to the state at least twelve acres of land located in 34 Hamilton county for incorporation into the forest preserve that the 35 legislature shall determine is at least equal in value to the land to be 36 conveyed by the state. The Raquette Lake surface reservoir shall be 37 abandoned as a drinking water supply source. 38 Notwithstanding the foregoing provisions and subject to legislative 39 approval prior to actual transfer of title, the state may convey to 40 National Grid up to six acres adjoining State Route 56 in St. Lawrence 41 County where it passes through Forest Preserve in Township 5, Lots 1, 2, 42 5 and 6 that is necessary and appropriate for National Grid to construct 43 a new 46kV power line and in exchange therefore National Grid shall 44 convey to the state for incorporation into the forest preserve at least 45 10 acres of forest land owned by National Grid in St. Lawrence county, 46 on condition that the legislature shall determine that the property to 47 be received by the state is at least equal in value to the land conveyed 48 by the state. 49 Notwithstanding the foregoing provisions, the legislature may author- 50 ize the settlement, according to terms determined by the legislature, of 51 title disputes in township forty, Totten and Crossfield purchase in the 52 town of Long Lake, Hamilton county, to resolve longstanding and compet- 53 ing claims of title between the state and private parties in said town- 54 ship, provided that prior to, and as a condition of such settlement, 55 land purchased without the use of state-appropriated funds, and suitable 56 for incorporation in the forest preserve within the Adirondack park,A. 7684 4 1 shall be conveyed to the state on the condition that the legislature 2 shall determine that the property to be conveyed to the state shall 3 provide a net benefit to the forest preserve as compared to the township 4 forty lands subject to such settlement. 5 § 2. RESOLVED (if the Senate concur), That the foregoing amendment be 6 submitted to the people for approval at the general election to be held 7 in the year 2013 in accordance with the provisions of the election law.