NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7454
SPONSOR: Jones TITLE OF BILL:
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
PURPOSE OF THE CONCURRENT RESOLUTION:
First passage of a constitutional amendment to authorize the
construction, operation, and maintenance of the Mount Van Hoevenberg
Olympic Sports Complex on Forest Preserve land in the Town of North
Elba, Essex County, and add at least 2500 additional acres to the Forest
Preserve and to establish a sunset date for the authority granted to
NYCO Minerals, Inc or its successor to engage in mineral sampling oper-
ations in exchange for land of equal or greater value to the disturbed
land.
SUMMARY OF PROVISIONS:
Section 1 of this resolution amends Article XIV, Section 1 of the New
York State Constitution. This constitutional provision, originally
located in Article VII, section 7 of the Constitution, has protected
Forest Preserve land since it first became effective on January 1, 1895.
In the relevant part, that constitutional provision provides:
The lands of the state, now owned or hereafter acquired, constituting
the forest preserve as now fixed by law, shall be forever kept as wild
forest lands. They shall not be leased, sold or exchanged, or be taken
by any corporation, public or private, nor shall the timber thereon be
sold, removed, or destroyed.
This proposal amends this provision to allow the State to construct,
operate, and maintain Nordic and biathlon trails and appurtenances ther-
eto on not more than 322.26 acres of Forest Preserve land at the Mount
Van Hoevenberg Olympic Sports Complex in the Town of North Elba, Essex
County.
The proposal also requires that, as an offset to the use of those lands,
the State would acquire at least 2500 acres of land located elsewhere
for inclusion in the Forest ?reserve, and would require the legislature
to approve that acquisition.
Further, the relevant constitution provides authority to NYCO Minerals,
Inc. to engage in mineral sampling operation on 200 acres of forest
preserve land in lot 8, Stowers survey, the town of Lewis, Essex county
in exchange for land of equal or greater value.
This proposal establishes a sunset for such authority on December 31,
2025, and clarifies that such authority is granted to the successor or
assign of NYCO Minerals, Inc.
JUSTIFICATION:
This resolution proposes an amendment to Article XIV, Section 1 of the
Constitution to protect the integrity of the Forest Preserve by consti-
tutionally authorizing the existing Mount Van Hoevenberg Olympic Sports
Complex and allowing for a limited expansion of the Nordic skiing and
biathlon trails and appurtenances thereto that are located at the
Complex, to comply with modern international standards necessary for
accommodating international Nordic ski and biathlon training and events.
As an offset to the land developed for the Olympic Sports Complex, the
Forest Preserve will be benefited through the addition of 2500 acres of
land elsewhere in the Adirondack Park. Moreover, the local and State
economy will be benefited from the continued public recreational use,
and national and international competitive use of the facility.
The Mt. Van Hoevenberg Olympic Sports Complex traces its origins as far
back as 1929 when a bobsled run was built to accommodate the 1932 Olym-
pics. The Complex includes portions of the Nordic ski and biathlon
trails and related facilities on Forest Preserve lands, as well as parts
of the Nordic ski and biathlon trails and a bobsled run on State ease-
ment land owned by the Town of North Elba. In 1969, a new and modern
Nordic ski trail system was designed and constructed. This Nordic ski
trail system was the first in the country planned not only for use by
competitors but also for spectators and use by recreational skiers. At
the time of its development, the Nordic system met the International Ski
Federation (FIS) requirements for Olympic and World Class competitions.
As a result of this world-class Nordic trail system, the Mount Van
Hoevenberg Olympic Sports Complex played host to the Nordic and biathlon
competitions during the Lake Placid 1980 Winter Olympic Games.
In 1982, the Legislature created the Olympic Regional Development
Authority ("ORDA") to operate, manage and maintain the Olympic facili-
ties. Since then, the Sports Complex has been host to several national
and international events, and from January 1222, 2023, the Lake Placid
Olympic facilities will host the 2023 Winter World University Games
Sponsored by the International University Sports Federation ("FISU"),
the World University Games are an international sports and cultural
event staged every two years in a different city worldwide. Second only
to the Olympics, the 11-day competition is the second-largest multi-
sport event in the world and draws more than 2,400 student-athletes
together to compete in various sports and events including Nordic skiing
and biathlon, as well as alpine skiing, skating, curling, hockey, and
snowboarding. The continued maintenance of the Mount Van Hoevenberg
Olympic Sports Complex, and the ability to implement upgrades that will
meet existing Nordic skiing and biathlon international competition stan-
dards, is critical to the continued attraction of such events.
Portions of the Mount Van Hoevenberg Sports Complex are located on State
Forest Preserve land (with other portions located on land that belongs
to the Town of North Elba). Forest Preserve land is protected as "forev-
er wild forest land" by Article XIV, Section 1 of the New York State
Constitution; however, the Constitution has never been amended to
explicitly authorize the Sports Complex. This amendment is intended to
protect the integrity of the Forest Preserve by constitutionally author-
izing the historic use of this Forest Preserve land to support world-
class Nordic skiing and biathlon training and competition, as well as
recreational Nordic skiing and other recreational uses by New York State
residents and others, in accordance with the Legislature's intent in
establishing ORDA.
The proposed amendment restricts the development of this Forest Preserve
land to a maximum of 322.26 acres. All structures and improvements
authorized by the amendment would remain subject to approval through the
Unit Management Planning process, which includes State Environmental
Quality Act review, a significant public review and comment process, and
a required finding by the Adirondack Park Agency that the Unit Manage
ment Plan is compliant with Adirondack Park State Land Master Plan
guidelines, in accordance with Executive Law § 816.
This amendment would provide a significant public benefit to the People
of the State of New York by recognizing and preserving the unique and
historic role that the Mount Van Hoevenberg Olympic Sports Complex has
to our state and to the world. By recognizing the use of these lands for
these discreet and limited purposes while simultaneously growing the
total acreage of the Adirondack Forest Preserve by at least 2500 acres,
this amendment will continue the State's 125-year commitment to protect-
ing the integrity of the Forest Preserve.
In 2013, Article XIV was amended to authorize the State to allow NYCO
Minerals, Inc. to conduct mineral sampling operations to determine the
quantity and quality of wollastonite on approximately 200 acres of
Forest Preserve land in lot 8, Stowers survey, Town of Lewis in Essex
County. This amendment provides that any such authorization shall be
deemed null and void on or after December 31, 2025 and that NYCO
Minerals, Inc. or its successors or assigns shall remediate the site
from mineral sampling operations and convey to the State lands of equal
or greater value to the disturbed lands, subject to approval by the
Legislature.
PRIOR LEGISLATIVE HISTORY:
2023-2023: Referred to Judiciary, Passed Senate, Delivered to Assembly,
Passed Assembly, Delivered to Secretary of State
2021-2022: S7222A- Died in Judiciary
FISCAL IMPLICATIONS:
None, although the economy of the Lake Placid area and the State as a
whole will benefit from the amendment.
EFFECTIVE DATE:
In order to make the constitutional amendment effective this concurrent
resolution will also have to be approved by the next legislative session
and then be approved by the voters at the subsequent election.
STATE OF NEW YORK
________________________________________________________________________
7454
2025-2026 Regular Sessions
IN ASSEMBLY
March 28, 2025
___________
Introduced by M. of A. JONES -- read once and referred 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89095-01-5
A. 7454 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 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
A. 7454 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 legislature may author-
49 ize the settlement, according to terms determined by the legislature, of
50 title disputes in township forty, Totten and Crossfield purchase in the
51 town of Long Lake, Hamilton county, to resolve longstanding and compet-
52 ing claims of title between the state and private parties in said town-
53 ship, provided that prior to, and as a condition of such settlement,
54 land purchased without the use of state-appropriated funds, and suitable
55 for incorporation in the forest preserve within the Adirondack park,
56 shall be conveyed to the state on the condition that the legislature
A. 7454 4
1 shall determine that the property to be conveyed to the state shall
2 provide a net benefit to the forest preserve as compared to the township
3 forty lands subject to such settlement.
4 Notwithstanding the foregoing provisions, the state may authorize NYCO
5 Minerals, Inc. to engage in mineral sampling operations, solely at its
6 expense, to determine the quantity and quality of wollastonite on
7 approximately 200 acres of forest preserve land contained in lot 8,
8 Stowers survey, town of Lewis, Essex county provided that NYCO Minerals,
9 Inc. shall provide the data and information derived from such drilling
10 to the state for appraisal purposes. Subject to legislative approval of
11 the tracts to be exchanged prior to the actual transfer of title, the
12 state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in
13 exchange therefor, NYCO Minerals, Inc. shall convey to the state for
14 incorporation into the forest preserve not less than the same number of
15 acres of land, on condition that the legislature shall determine that
16 the lands to be received by the state are equal to or greater than the
17 value of the land to be conveyed by the state and on condition that the
18 assessed value of the land to be conveyed to the state shall total not
19 less than one million dollars. When NYCO Minerals, Inc. terminates all
20 mining operations on such lot 8 it shall remediate the site and convey
21 title to such lot back to the state of New York for inclusion in the
22 forest preserve. In the event that lot 8 is not conveyed to NYCO
23 Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. never-
24 theless shall convey to the state for incorporation into the forest
25 preserve not less than the same number of acres of land that is
26 disturbed by any mineral sampling operations conducted on said lot 8
27 pursuant to this paragraph on condition that the legislature shall
28 determine that the lands to be received by the state are equal to or
29 greater than the value of the lands disturbed by the mineral sampling
30 operations.
31 Notwithstanding the foregoing provisions and subject to legislative
32 approval prior to actual transfer of title, a total of no more than two
33 hundred fifty acres of forest preserve land shall be used for the estab-
34 lishment of a health and safety land account. Where no viable alterna-
35 tive exists and other criteria developed by the legislature are satis-
36 fied, a town, village or county may apply, pursuant to a process
37 determined by the legislature, to the health and safety land account for
38 projects limited to: address bridge hazards or safety on county high-
39 ways, and town highways listed on the local highway inventory maintained
40 by the department of transportation, dedicated, and in existence on
41 January first, two thousand fifteen, and annually plowed and regularly
42 maintained; elimination of the hazards of dangerous curves and grades on
43 county highways, and town highways listed on the local highway inventory
44 maintained by the department of transportation, dedicated, and in exist-
45 ence on January first, two thousand fifteen, and annually plowed and
46 regularly maintained; relocation and reconstruction and maintenance of
47 county highways, and town highways listed on the local highway inventory
48 maintained by the department of transportation, dedicated, and in exist-
49 ence on January first, two thousand fifteen and annually plowed and
50 regularly maintained, provided further that no single relocated portion
51 of any such highway shall exceed one mile in length; and water wells and
52 necessary appurtenances when such wells are necessary to meet drinking
53 water quality standards and are located within five hundred thirty feet
54 of state highways, county highways, and town highways listed on the
55 local highway inventory maintained by the department of transportation,
56 dedicated, and in existence on January first, two thousand fifteen, and
A. 7454 5
1 annually plowed and regularly maintained. As a condition of the creation
2 of such health and safety land account the state shall acquire two
3 hundred fifty acres of land for incorporation into the forest preserve,
4 on condition that the legislature shall approve such lands to be added
5 to the forest preserve.
6 Notwithstanding the foregoing provisions, the construction, operation,
7 and maintenance to international standards for Nordic skiing and biath-
8 lon trails that will accommodate global competitions, training, and
9 events, totaling not more than three hundred twenty-three acres of
10 trails and appurtenances thereto, is authorized on one thousand thirty-
11 nine acres of forest preserve lands at the Mount Van Hoevenberg Olympic
12 Sports Complex in the town of North Elba in Essex county, and as an
13 offset thereto the state must acquire for incorporation into the forest
14 preserve at least two thousand five hundred acres of forest land for
15 inclusion in the forest preserve in the Adirondack Park on condition
16 that the legislature shall determine that such lands are equal to or
17 greater in value.
18 § 2. Resolved (if the Senate concur), That the foregoing amendment be
19 submitted to the people for approval at the general election to be held
20 in the year 2025 in accordance with the provisions of the election law.
