Authorizes the state to convey certain forest preserve land; provides such sale shall be subject to legislative approval and the proceeds of such conveyance shall be used for acquisitions to the forest preserve.
STATE OF NEW YORK
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5333--A
Cal. No. 575
2021-2022 Regular Sessions
IN SENATE
March 2, 2021
___________
Introduced by Sens. STEC, BRESLIN -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary -- recom-
mitted to the Committee on Judiciary in accordance with Senate Rule 6,
sec. 8 -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, passed by Senate and deliv-
ered to the Assembly, recalled, vote reconsidered, restored to third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 14 of the constitution,
in relation to authorizing the sale of certain forest preserve land
which was not intended to be included in the forest preserve
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89061-03-2
S. 5333--A 2
1 the village of Keeseville and the city of Plattsburgh, all of the afore-
2 said taking not to exceed a total of three hundred acres of state forest
3 preserve land, nor from constructing and maintaining not more than twen-
4 ty-five miles of ski trails thirty to two hundred feet wide, together
5 with appurtenances thereto, provided that no more than five miles of
6 such trails shall be in excess of one hundred twenty feet wide, on the
7 north, east and northwest slopes of Whiteface Mountain in Essex county,
8 nor from constructing and maintaining not more than twenty-five miles of
9 ski trails thirty to two hundred feet wide, together with appurtenances
10 thereto, provided that no more than two miles of such trails shall be in
11 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun-
12 tain in Ulster and Delaware counties and not more than forty miles of
13 ski trails thirty to two hundred feet wide, together with appurtenances
14 thereto, provided that no more than eight miles of such trails shall be
15 in excess of one hundred twenty feet wide, on the slopes of Gore and
16 Pete Gay mountains in Warren county, nor from relocating, reconstructing
17 and maintaining a total of not more than fifty miles of existing state
18 highways for the purpose of eliminating the hazards of dangerous curves
19 and grades, provided a total of no more than four hundred acres of
20 forest preserve land shall be used for such purpose and that no single
21 relocated portion of any highway shall exceed one mile in length.
22 Notwithstanding the foregoing provisions, the state may convey to the
23 village of Saranac Lake ten acres of forest preserve land adjacent to
24 the boundaries of such village for public use in providing for refuse
25 disposal and in exchange therefore the village of Saranac Lake shall
26 convey to the state thirty acres of certain true forest land owned by
27 such village on Roaring Brook in the northern half of Lot 113, Township
28 11, Richards Survey. Notwithstanding the foregoing provisions, the state
29 may convey to the town of Arietta twenty-eight acres of forest preserve
30 land within such town for public use in providing for the extension of
31 the runway and landing strip of the Piseco airport and in exchange
32 therefor the town of Arietta shall convey to the state thirty acres of
33 certain land owned by such town in the town of Arietta. Notwithstanding
34 the foregoing provisions and subject to legislative approval of the
35 tracts to be exchanged prior to the actual transfer of title, the state,
36 in order to consolidate its land holdings for better management, may
37 convey to International Paper Company approximately eight thousand five
38 hundred acres of forest preserve land located in townships two and three
39 of Totten and Crossfield Purchase and township nine of the Moose River
40 Tract, Hamilton county, and in exchange therefore International Paper
41 Company shall convey to the state for incorporation into the forest
42 preserve approximately the same number of acres of land located within
43 such townships and such County on condition that the legislature shall
44 determine that the lands to be received by the state are at least equal
45 in value to the lands to be conveyed by the state. Notwithstanding the
46 foregoing provisions and subject to legislative approval of the tracts
47 to be exchanged prior to the actual transfer of title and the conditions
48 herein set forth, the state, in order to facilitate the preservation of
49 historic buildings listed on the national register of historic places by
50 rejoining an historic grouping of buildings under unitary ownership and
51 stewardship, may convey to Sagamore Institute Inc., a not-for-profit
52 educational organization, approximately ten acres of land and buildings
53 thereon adjoining the real property of the Sagamore Institute, Inc. and
54 located on Sagamore Road, near Raquette Lake Village, in the Town of
55 Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti-
56 tute, Inc. shall convey to the state for incorporation into the forest
S. 5333--A 3
1 preserve approximately two hundred acres of wild forest land located
2 within the Adirondack Park on condition that the legislature shall
3 determine that the lands to be received by the state are at least equal
4 in value to the lands and buildings to be conveyed by the state and that
5 the natural and historic character of the lands and buildings conveyed
6 by the state will be secured by appropriate covenants and restrictions
7 and that the lands and buildings conveyed by the state will reasonably
8 be available for public visits according to agreement between Sagamore
9 Institute, Inc. and the state. Notwithstanding the foregoing provisions
10 the state may convey to the town of Arietta fifty acres of forest
11 preserve land within such town for public use in providing for the
12 extension of the runway and landing strip of the Piseco airport and
13 providing for the maintenance of a clear zone around such runway, and in
14 exchange therefor, the town of Arietta shall convey to the state fifty-
15 three acres of true forest land located in lot 2 township 2 Totten and
16 Crossfield's Purchase in the town of Lake Pleasant.
17 Notwithstanding the foregoing provisions and subject to legislative
18 approval prior to actual transfer of title, the state may convey to the
19 town of Keene, Essex county, for public use as a cemetery owned by such
20 town, approximately twelve acres of forest preserve land within such
21 town and, in exchange therefor, the town of Keene shall convey to the
22 state for incorporation into the forest preserve approximately one
23 hundred forty-four acres of land, together with an easement over land
24 owned by such town including the riverbed adjacent to the land to be
25 conveyed to the state that will restrict further development of such
26 land, on condition that the legislature shall determine that the proper-
27 ty to be received by the state is at least equal in value to the land to
28 be conveyed by the state.
29 Notwithstanding the foregoing provisions and subject to legislative
30 approval prior to actual transfer of title, because there is no viable
31 alternative to using forest preserve lands for the siting of drinking
32 water wells and necessary appurtenances and because such wells are
33 necessary to meet drinking water quality standards, the state may convey
34 to the town of Long Lake, Hamilton county, one acre of forest preserve
35 land within such town for public use as the site of such drinking water
36 wells and necessary appurtenances for the municipal water supply for the
37 hamlet of Raquette Lake. In exchange therefor, the town of Long Lake
38 shall convey to the state at least twelve acres of land located in
39 Hamilton county for incorporation into the forest preserve that the
40 legislature shall determine is at least equal in value to the land to be
41 conveyed by the state. The Raquette Lake surface reservoir shall be
42 abandoned as a drinking water supply source.
43 Notwithstanding the foregoing provisions and subject to legislative
44 approval prior to actual transfer of title, the state may convey to
45 National Grid up to six acres adjoining State Route 56 in St. Lawrence
46 County where it passes through Forest Preserve in Township 5, Lots 1, 2,
47 5 and 6 that is necessary and appropriate for National Grid to construct
48 a new 46kV power line and in exchange therefore National Grid shall
49 convey to the state for incorporation into the forest preserve at least
50 10 acres of forest land owned by National Grid in St. Lawrence county,
51 on condition that the legislature shall determine that the property to
52 be received by the state is at least equal in value to the land conveyed
53 by the state.
54 Notwithstanding the foregoing provisions, the legislature may author-
55 ize the settlement, according to terms determined by the legislature, of
56 title disputes in township forty, Totten and Crossfield purchase in the
S. 5333--A 4
1 town of Long Lake, Hamilton county, to resolve longstanding and compet-
2 ing claims of title between the state and private parties in said town-
3 ship, provided that prior to, and as a condition of such settlement,
4 land purchased without the use of state-appropriated funds, and suitable
5 for incorporation in the forest preserve within the Adirondack park,
6 shall be conveyed to the state on the condition that the legislature
7 shall determine that the property to be conveyed to the state shall
8 provide a net benefit to the forest preserve as compared to the township
9 forty lands subject to such settlement.
10 Notwithstanding the foregoing provisions, the state may authorize NYCO
11 Minerals, Inc. to engage in mineral sampling operations, solely at its
12 expense, to determine the quantity and quality of wollastonite on
13 approximately 200 acres of forest preserve land contained in lot 8,
14 Stowers survey, town of Lewis, Essex county provided that NYCO Minerals,
15 Inc. shall provide the data and information derived from such drilling
16 to the state for appraisal purposes. Subject to legislative approval of
17 the tracts to be exchanged prior to the actual transfer of title, the
18 state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in
19 exchange therefor, NYCO Minerals, Inc. shall convey to the state for
20 incorporation into the forest preserve not less than the same number of
21 acres of land, on condition that the legislature shall determine that
22 the lands to be received by the state are equal to or greater than the
23 value of the land to be conveyed by the state and on condition that the
24 assessed value of the land to be conveyed to the state shall total not
25 less than one million dollars. When NYCO Minerals, Inc. terminates all
26 mining operations on such lot 8 it shall remediate the site and convey
27 title to such lot back to the state of New York for inclusion in the
28 forest preserve. In the event that lot 8 is not conveyed to NYCO
29 Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. never-
30 theless shall convey to the state for incorporation into the forest
31 preserve not less than the same number of acres of land that is
32 disturbed by any mineral sampling operations conducted on said lot 8
33 pursuant to this paragraph on condition that the legislature shall
34 determine that the lands to be received by the state are equal to or
35 greater than the value of the lands disturbed by the mineral sampling
36 operations.
37 Notwithstanding the foregoing provisions and subject to legislative
38 approval prior to actual transfer of title, a total of no more than two
39 hundred fifty acres of forest preserve land shall be used for the estab-
40 lishment of a health and safety land account. Where no viable alterna-
41 tive exists and other criteria developed by the legislature are satis-
42 fied, a town, village or county may apply, pursuant to a process
43 determined by the legislature, to the health and safety land account for
44 projects limited to: address bridge hazards or safety on county high-
45 ways, and town highways listed on the local highway inventory maintained
46 by the department of transportation, dedicated, and in existence on
47 January first, two thousand fifteen, and annually plowed and regularly
48 maintained; elimination of the hazards of dangerous curves and grades on
49 county highways, and town highways listed on the local highway inventory
50 maintained by the department of transportation, dedicated, and in exist-
51 ence on January first, two thousand fifteen, and annually plowed and
52 regularly maintained; relocation and reconstruction and maintenance of
53 county highways, and town highways listed on the local highway inventory
54 maintained by the department of transportation, dedicated, and in exist-
55 ence on January first, two thousand fifteen and annually plowed and
56 regularly maintained, provided further that no single relocated portion
S. 5333--A 5
1 of any such highway shall exceed one mile in length; and water wells and
2 necessary appurtenances when such wells are necessary to meet drinking
3 water quality standards and are located within five hundred thirty feet
4 of state highways, county highways, and town highways listed on the
5 local highway inventory maintained by the department of transportation,
6 dedicated, and in existence on January first, two thousand fifteen, and
7 annually plowed and regularly maintained. As a condition of the creation
8 of such health and safety land account the state shall acquire two
9 hundred fifty acres of land for incorporation into the forest preserve,
10 on condition that the legislature shall approve such lands to be added
11 to the forest preserve.
12 Notwithstanding the foregoing provisions and subject to legislative
13 approval prior to actual transfer of title, the land developed as a
14 private tuberculosis hospital, private college annex and a state prison,
15 comprising forty-eight structures may be conveyed by the state at public
16 or private sale up to ninety-two acres of land along State Route 86,
17 part of Lot 78, Township 18, Great Tract 1, Macomb's purchase in the
18 town of Brighton, Franklin county, upon the condition that any revenue
19 derived from such conveyance be paid into an account of the state to be
20 used only for acquisitions to the forest preserve. Held in reserve, for
21 the Town of Brighton in Franklin County, will be water rights on the
22 above described premises for the purpose of creating a Water District to
23 supply potable water to the people of the Town of Brighton from the
24 hamlet of Gabriel's to the area known as Easy Street, as this area is
25 negatively affected by State applied Road Salt in their water wells.
26 § 2. Resolved (if the Assembly concur), That the foregoing be referred
27 to the first regular legislative session convening after the next
28 succeeding general election of members of the assembly, and, in conform-
29 ity with section 1 of article 19 of the constitution, be published for 3
30 months previous to the time of such election.
