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S04688 Summary:

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S04688 Floor Votes:

S04688 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4688
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                     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    §  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.