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S04688 Summary:

BILL NO    S04688 

SAME AS    SAME AS A07974

SPONSOR    LITTLE

COSPNSR    

MLTSPNSR   

Amd Art 14 S1, Constn

Authorizes the state to engage in a land exchange with NYCO Minerals, Inc.
relating to certain land in the town of Lewis, county of Essex, within the
state forest preserve (second passage).
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S04688 Actions:

BILL NO    S04688 

04/18/2013 REFERRED TO JUDICIARY
04/19/2013 TO ATTORNEY-GENERAL FOR OPINION
05/06/2013 OPINION REFERRED TO JUDICIARY
06/10/2013 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/10/2013 ORDERED TO THIRD READING CAL.1201
06/11/2013 PASSED SENATE
06/11/2013 DELIVERED TO ASSEMBLY
06/11/2013 referred to environmental conservation
06/19/2013 substituted for a7974
06/19/2013 ordered to third reading rules cal.488
06/19/2013 passed assembly
06/19/2013 returned to senate
06/27/2013 DELIVERED TO SECRETARY OF STATE
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S04688 Votes:

S04688 06/19/2013 134/6
AbbateYColtonYGarbariYKearnsABMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerNOMontesaYRobertsYStirpeY
ArroyoYCorwinYGiglioERKimYMorelleYRobinsoERSweeneyY
AubryYCrespoYGjonajERKolbYMosleyYRodriguYTediscoY
BarclayYCrouchYGlickYLalorYMoyaYRosaYTenneyY
BarrettYCurranYGoldfedYLavineYNojayYRosenthNOThieleY
BarronYCusickYGoodellYLentolYNolanNORozicNOTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkYGrafYLopezYO'DonneYRyanYWalterY
BorelliYDinowitNOGuntherYLupardoYOrtizYSaladinYWeinsteNO
BoylandABDiPietrYHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaYScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiYZebrowsY
BronsonYFahyYHikindERMalliotYPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatYJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanYMcKevitYRaiaYSolagesY
CerettoYGalefYKatzYMcLaughYRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

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S04688 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4688

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                    April 18, 2013
                                      ___________

       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary

                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

       proposing an amendment to section 1 of article 14 of  the  constitution,
         in relation to a land exchange, in the state forest preserve with NYCO
         Minerals, Inc.

    1    Section  1. Resolved (if the Assembly concur), That section 1 of arti-
    2  cle 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.
                                                                  LBD89118-01-3
       S. 4688                             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 Purchase and township nine of the Moose River
   34  Tract, Hamilton county, and in exchange  therefore  International  Paper
   35  Company  shall  convey  to  the  state for incorporation into the forest
   36  preserve approximately the same number of acres of land  located  within
   37  such  townships  and such County on condition that the legislature shall
   38  determine that the lands to be received by the state are at least  equal
   39  in  value  to the lands to be conveyed by the state. Notwithstanding the
   40  foregoing provisions and subject to legislative approval of  the  tracts
   41  to be exchanged prior to the actual transfer of title and the conditions
   42  herein  set forth, the state, in order to facilitate the preservation of
   43  historic buildings listed on the national register of historic places by
   44  rejoining an historic grouping of buildings under unitary ownership  and
   45  stewardship,  may  convey  to  Sagamore Institute Inc., a not-for-profit
   46  educational organization, approximately ten acres of land and  buildings
   47  thereon  adjoining the real property of the Sagamore Institute, Inc. and
   48  located on Sagamore Road, near Raquette Lake Village,  in  the  Town  of
   49  Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti-
   50  tute,  Inc.  shall convey to the state for incorporation into the forest
   51  preserve approximately two hundred acres of  wild  forest  land  located
   52  within  the  Adirondack  Park  on  condition  that the legislature shall
   53  determine that the lands to be received by the state are at least  equal
   54  in value to the lands and buildings to be conveyed by the state and that
   55  the  natural  and historic character of the lands and buildings conveyed
   56  by the state will be secured by appropriate covenants  and  restrictions
       S. 4688                             3

    1  and  that  the lands and buildings conveyed by the state will reasonably
    2  be available for public visits according to agreement  between  Sagamore
    3  Institute, Inc.  and the state. Notwithstanding the foregoing provisions
    4  the  state  may  convey  to  the  town  of Arietta fifty acres of forest
    5  preserve land within such town for  public  use  in  providing  for  the
    6  extension  of  the  runway  and  landing strip of the Piseco airport and
    7  providing for the maintenance of a clear zone around such runway, and in
    8  exchange therefor, the town of Arietta shall convey to the state  fifty-
    9  three  acres  of true forest land located in lot 2 township 2 Totten and
   10  Crossfield's Purchase in the town of Lake Pleasant.
   11    Notwithstanding the foregoing provisions and  subject  to  legislative
   12  approval  prior to actual transfer of title, the state may convey to the
   13  town of Keene, Essex county, for public use as a cemetery owned by  such
   14  town,  approximately  twelve  acres  of forest preserve land within such
   15  town and, in exchange therefor, the town of Keene shall  convey  to  the
   16  state  for  incorporation  into  the  forest  preserve approximately one
   17  hundred forty-four acres of land, together with an  easement  over  land
   18  owned  by  such  town  including the riverbed adjacent to the land to be
   19  conveyed to the state that will restrict  further  development  of  such
   20  land, on condition that the legislature shall determine that the proper-
   21  ty to be received by the state is at least equal in value to the land to
   22  be conveyed by the state.
   23    Notwithstanding  the  foregoing  provisions and subject to legislative
   24  approval prior to actual transfer of title, because there is  no  viable
   25  alternative  to  using  forest preserve lands for the siting of drinking
   26  water wells and necessary  appurtenances  and  because  such  wells  are
   27  necessary to meet drinking water quality standards, the state may convey
   28  to  the  town of Long Lake, Hamilton county, one acre of forest preserve
   29  land within such town for public use as the site of such drinking  water
   30  wells and necessary appurtenances for the municipal water supply for the
   31  hamlet  of  Raquette  Lake.  In exchange therefor, the town of Long Lake
   32  shall convey to the state at least  twelve  acres  of  land  located  in
   33  Hamilton  county  for  incorporation  into  the forest preserve that the
   34  legislature shall determine is at least equal in value to the land to be
   35  conveyed by the state. The Raquette  Lake  surface  reservoir  shall  be
   36  abandoned as a drinking water supply source.
   37    Notwithstanding  the  foregoing  provisions and subject to legislative
   38  approval prior to actual transfer of title,  the  state  may  convey  to
   39  National  Grid  up to six acres adjoining State Route 56 in St. Lawrence
   40  County where it passes through Forest Preserve in Township 5, Lots 1, 2,
   41  5 and 6 that is necessary and appropriate for National Grid to construct
   42  a new 46kV power line and in  exchange  therefore  National  Grid  shall
   43  convey  to the state for incorporation into the forest preserve at least
   44  10 acres of forest land owned by National Grid in St.  Lawrence  county,
   45  on  condition  that the legislature shall determine that the property to
   46  be received by the state is at least equal in value to the land conveyed
   47  by the state.
   48    NOTWITHSTANDING THE FOREGOING PROVISIONS, THE STATE MAY AUTHORIZE NYCO
   49  MINERALS, INC. TO ENGAGE IN MINERAL SAMPLING OPERATIONS, SOLELY  AT  ITS
   50  EXPENSE,  TO  DETERMINE  THE  QUANTITY  AND  QUALITY  OF WOLLASTONITE ON
   51  APPROXIMATELY 200 ACRES OF FOREST PRESERVE  LAND  CONTAINED  IN  LOT  8,
   52  STOWERS SURVEY, TOWN OF LEWIS, ESSEX COUNTY PROVIDED THAT NYCO MINERALS,
   53  INC.  SHALL  PROVIDE THE DATA AND INFORMATION DERIVED FROM SUCH DRILLING
   54  TO THE STATE FOR APPRAISAL PURPOSES. SUBJECT TO LEGISLATIVE APPROVAL  OF
   55  THE  TRACTS  TO  BE EXCHANGED PRIOR TO THE ACTUAL TRANSFER OF TITLE, THE
   56  STATE MAY SUBSEQUENTLY CONVEY SAID LOT 8 TO NYCO MINERALS, INC., AND, IN
       S. 4688                             4

    1  EXCHANGE THEREFOR, NYCO MINERALS, INC. SHALL CONVEY  TO  THE  STATE  FOR
    2  INCORPORATION  INTO THE FOREST PRESERVE NOT LESS THAN THE SAME NUMBER OF
    3  ACRES OF LAND, ON CONDITION THAT THE LEGISLATURE  SHALL  DETERMINE  THAT
    4  THE  LANDS  TO BE RECEIVED BY THE STATE ARE EQUAL TO OR GREATER THAN THE
    5  VALUE OF THE LAND TO BE CONVEYED BY THE STATE AND ON CONDITION THAT  THE
    6  ASSESSED  VALUE  OF THE LAND TO BE CONVEYED TO THE STATE SHALL TOTAL NOT
    7  LESS THAN ONE MILLION DOLLARS. WHEN NYCO MINERALS, INC.  TERMINATES  ALL
    8  MINING  OPERATIONS  ON SUCH LOT 8 IT SHALL REMEDIATE THE SITE AND CONVEY
    9  TITLE TO SUCH LOT BACK TO THE STATE OF NEW YORK  FOR  INCLUSION  IN  THE
   10  FOREST  PRESERVE.  IN  THE  EVENT  THAT  LOT  8  IS NOT CONVEYED TO NYCO
   11  MINERALS, INC. PURSUANT TO THIS PARAGRAPH, NYCO MINERALS, INC.    NEVER-
   12  THELESS  SHALL  CONVEY  TO  THE  STATE FOR INCORPORATION INTO THE FOREST
   13  PRESERVE NOT LESS THAN  THE  SAME  NUMBER  OF  ACRES  OF  LAND  THAT  IS
   14  DISTURBED  BY  ANY MINERAL SAMPLING   OPERATIONS CONDUCTED ON SAID LOT 8
   15  PURSUANT TO THIS PARAGRAPH  ON  CONDITION  THAT  THE  LEGISLATURE  SHALL
   16  DETERMINE  THAT  THE  LANDS  TO BE RECEIVED BY THE STATE ARE EQUAL TO OR
   17  GREATER THAN THE VALUE OF THE LANDS DISTURBED BY  THE  MINERAL  SAMPLING
   18  OPERATIONS.
   19    S  2.  RESOLVED (if the Assembly concur), That the foregoing amendment
   20  be submitted to the people for approval at the general  election  to  be
   21  held  in the year 2013 in accordance with the provisions of the election
   22  law.
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