STATE OF NEW YORK
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9416
IN ASSEMBLY
March 7, 2022
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Introduced by M. of A. JONES -- 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 the Mount Van Hoevenberg Olympic Sports Complex in
Essex 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
27 north, east and northwest slopes of Whiteface Mountain in Essex county,
28 nor from constructing and maintaining not more than twenty-five miles of
29 ski trails thirty to two hundred feet wide, together with appurtenances
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89146-01-1
A. 9416 2
1 thereto, provided that no more than two miles of such trails shall be in
2 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun-
3 tain in Ulster and Delaware counties and not more than forty miles of
4 ski trails thirty to two hundred feet wide, together with appurtenances
5 thereto, provided that no more than eight miles of such trails shall be
6 in excess of one hundred twenty feet wide, on the slopes of Gore and
7 Pete Gay mountains in Warren county, nor from relocating, reconstructing
8 and maintaining a total of not more than fifty miles of existing state
9 highways for the purpose of eliminating the hazards of dangerous curves
10 and grades, provided a total of no more than four hundred acres of
11 forest preserve land shall be used for such purpose and that no single
12 relocated portion of any highway shall exceed one mile in length.
13 Notwithstanding the foregoing provisions, the state may convey to the
14 village of Saranac Lake ten acres of forest preserve land adjacent to
15 the boundaries of such village for public use in providing for refuse
16 disposal and in exchange therefore the village of Saranac Lake shall
17 convey to the state thirty acres of certain true forest land owned by
18 such village on Roaring Brook in the northern half of Lot 113, Township
19 11, Richards Survey. Notwithstanding the foregoing provisions, the state
20 may convey to the town of Arietta twenty-eight acres of forest preserve
21 land within such town for public use in providing for the extension of
22 the runway and landing strip of the Piseco airport and in exchange
23 therefor the town of Arietta shall convey to the state thirty acres of
24 certain land owned by such town in the town of Arietta. Notwithstanding
25 the foregoing provisions and subject to legislative approval of the
26 tracts to be exchanged prior to the actual transfer of title, the state,
27 in order to consolidate its land holdings for better management, may
28 convey to International Paper Company approximately eight thousand five
29 hundred acres of forest preserve land located in townships two and three
30 of Totten and Crossfield Purchase and township nine of the Moose River
31 Tract, Hamilton county, and in exchange therefore International Paper
32 Company shall convey to the state for incorporation into the forest
33 preserve approximately the same number of acres of land located within
34 such townships and such County on condition that the legislature shall
35 determine that the lands to be received by the state are at least equal
36 in value to the lands to be conveyed by the state. Notwithstanding the
37 foregoing provisions and subject to legislative approval of the tracts
38 to be exchanged prior to the actual transfer of title and the conditions
39 herein set forth, the state, in order to facilitate the preservation of
40 historic buildings listed on the national register of historic places by
41 rejoining an historic grouping of buildings under unitary ownership and
42 stewardship, may convey to Sagamore Institute Inc., a not-for-profit
43 educational organization, approximately ten acres of land and buildings
44 thereon adjoining the real property of the Sagamore Institute, Inc. and
45 located on Sagamore Road, near Raquette Lake Village, in the Town of
46 Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti-
47 tute, Inc. shall convey to the state for incorporation into the forest
48 preserve approximately two hundred acres of wild forest land located
49 within the Adirondack Park on condition that the legislature shall
50 determine that the lands to be received by the state are at least equal
51 in value to the lands and buildings to be conveyed by the state and that
52 the natural and historic character of the lands and buildings conveyed
53 by the state will be secured by appropriate covenants and restrictions
54 and that the lands and buildings conveyed by the state will reasonably
55 be available for public visits according to agreement between Sagamore
56 Institute, Inc. and the state. Notwithstanding the foregoing provisions
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1 the state may convey to the town of Arietta fifty acres of forest
2 preserve land within such town for public use in providing for the
3 extension of the runway and landing strip of the Piseco airport and
4 providing for the maintenance of a clear zone around such runway, and in
5 exchange therefor, the town of Arietta shall convey to the state fifty-
6 three acres of true forest land located in lot 2 township 2 Totten and
7 Crossfield's Purchase in the town of Lake Pleasant.
8 Notwithstanding the foregoing provisions and subject to legislative
9 approval prior to actual transfer of title, the state may convey to the
10 town of Keene, Essex county, for public use as a cemetery owned by such
11 town, approximately twelve acres of forest preserve land within such
12 town and, in exchange therefor, the town of Keene shall convey to the
13 state for incorporation into the forest preserve approximately one
14 hundred forty-four acres of land, together with an easement over land
15 owned by such town including the riverbed adjacent to the land to be
16 conveyed to the state that will restrict further development of such
17 land, on condition that the legislature shall determine that the proper-
18 ty to be received by the state is at least equal in value to the land to
19 be conveyed by the state.
20 Notwithstanding the foregoing provisions and subject to legislative
21 approval prior to actual transfer of title, because there is no viable
22 alternative to using forest preserve lands for the siting of drinking
23 water wells and necessary appurtenances and because such wells are
24 necessary to meet drinking water quality standards, the state may convey
25 to the town of Long Lake, Hamilton county, one acre of forest preserve
26 land within such town for public use as the site of such drinking water
27 wells and necessary appurtenances for the municipal water supply for the
28 hamlet of Raquette Lake. In exchange therefor, the town of Long Lake
29 shall convey to the state at least twelve acres of land located in
30 Hamilton county for incorporation into the forest preserve that the
31 legislature shall determine is at least equal in value to the land to be
32 conveyed by the state. The Raquette Lake surface reservoir shall be
33 abandoned as a drinking water supply source.
34 Notwithstanding the foregoing provisions and subject to legislative
35 approval prior to actual transfer of title, the state may convey to
36 National Grid up to six acres adjoining State Route 56 in St. Lawrence
37 County where it passes through Forest Preserve in Township 5, Lots 1, 2,
38 5 and 6 that is necessary and appropriate for National Grid to construct
39 a new 46kV power line and in exchange therefore National Grid shall
40 convey to the state for incorporation into the forest preserve at least
41 10 acres of forest land owned by National Grid in St. Lawrence county,
42 on condition that the legislature shall determine that the property to
43 be received by the state is at least equal in value to the land conveyed
44 by the state.
45 Notwithstanding the foregoing provisions, the legislature may author-
46 ize the settlement, according to terms determined by the legislature, of
47 title disputes in township forty, Totten and Crossfield purchase in the
48 town of Long Lake, Hamilton county, to resolve longstanding and compet-
49 ing claims of title between the state and private parties in said town-
50 ship, provided that prior to, and as a condition of such settlement,
51 land purchased without the use of state-appropriated funds, and suitable
52 for incorporation in the forest preserve within the Adirondack park,
53 shall be conveyed to the state on the condition that the legislature
54 shall determine that the property to be conveyed to the state shall
55 provide a net benefit to the forest preserve as compared to the township
56 forty lands subject to such settlement.
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1 Notwithstanding the foregoing provisions, the state may authorize NYCO
2 Minerals, Inc. to engage in mineral sampling operations, solely at its
3 expense, to determine the quantity and quality of wollastonite on
4 approximately 200 acres of forest preserve land contained in lot 8,
5 Stowers survey, town of Lewis, Essex county provided that NYCO Minerals,
6 Inc. shall provide the data and information derived from such drilling
7 to the state for appraisal purposes. Subject to legislative approval of
8 the tracts to be exchanged prior to the actual transfer of title, the
9 state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in
10 exchange therefor, NYCO Minerals, Inc. shall convey to the state for
11 incorporation into the forest preserve not less than the same number of
12 acres of land, on condition that the legislature shall determine that
13 the lands to be received by the state are equal to or greater than the
14 value of the land to be conveyed by the state and on condition that the
15 assessed value of the land to be conveyed to the state shall total not
16 less than one million dollars. When NYCO Minerals, Inc. terminates all
17 mining operations on such lot 8 it shall remediate the site and convey
18 title to such lot back to the state of New York for inclusion in the
19 forest preserve. In the event that lot 8 is not conveyed to NYCO
20 Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. never-
21 theless shall convey to the state for incorporation into the forest
22 preserve not less than the same number of acres of land that is
23 disturbed by any mineral sampling operations conducted on said lot 8
24 pursuant to this paragraph on condition that the legislature shall
25 determine that the lands to be received by the state are equal to or
26 greater than the value of the lands disturbed by the mineral sampling
27 operations.
28 Notwithstanding the foregoing provisions and subject to legislative
29 approval prior to actual transfer of title, a total of no more than two
30 hundred fifty acres of forest preserve land shall be used for the estab-
31 lishment of a health and safety land account. Where no viable alterna-
32 tive exists and other criteria developed by the legislature are satis-
33 fied, a town, village or county may apply, pursuant to a process
34 determined by the legislature, to the health and safety land account for
35 projects limited to: address bridge hazards or safety on county high-
36 ways, and town highways listed on the local highway inventory maintained
37 by the department of transportation, dedicated, and in existence on
38 January first, two thousand fifteen, and annually plowed and regularly
39 maintained; elimination of the hazards of dangerous curves and grades on
40 county highways, and town highways listed on the local highway inventory
41 maintained by the department of transportation, dedicated, and in exist-
42 ence on January first, two thousand fifteen, and annually plowed and
43 regularly maintained; relocation and reconstruction and maintenance of
44 county highways, and town highways listed on the local highway inventory
45 maintained by the department of transportation, dedicated, and in exist-
46 ence on January first, two thousand fifteen and annually plowed and
47 regularly maintained, provided further that no single relocated portion
48 of any such highway shall exceed one mile in length; and water wells and
49 necessary appurtenances when such wells are necessary to meet drinking
50 water quality standards and are located within five hundred thirty feet
51 of state highways, county highways, and town highways listed on the
52 local highway inventory maintained by the department of transportation,
53 dedicated, and in existence on January first, two thousand fifteen, and
54 annually plowed and regularly maintained. As a condition of the creation
55 of such health and safety land account the state shall acquire two
56 hundred fifty acres of land for incorporation into the forest preserve,
A. 9416 5
1 on condition that the legislature shall approve such lands to be added
2 to the forest preserve.
3 Notwithstanding the foregoing provisions, the construction, operation,
4 and maintenance to international standards for Nordic skiing and biath-
5 lon trails that will accommodate global competitions, training, and
6 events, totaling not more than three hundred twenty-three acres of
7 trails and appurtenances thereto, is authorized on one thousand thirty-
8 nine acres of forest preserve lands at the Mount Van Hoevenberg Olympic
9 Sports Complex in the town of North Elba in Essex county, and as an
10 offset thereto the state must acquire for incorporation into the forest
11 preserve at least two thousand five hundred acres of forest land for
12 inclusion in the forest preserve in the Adirondack Park on condition
13 that the legislature shall determine that such lands are equal to or
14 greater in value.
15 § 2. RESOLVED (if the Senate concur), That the foregoing be referred
16 to the first regular legislative session convening after the next
17 succeeding general election of members of the assembly, and, in conform-
18 ity with section 1 of article 19 of the constitution, be published for 3
19 months previous to the time of such election.
