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S05540 Summary:

S05540 Actions:

S05540 Committee Votes:

S05540 Floor Votes:

S05540 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5540
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      March 7, 2023
                                       ___________
 
        Introduced  by  Sens.  HARCKHAM, STEC -- 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  the  Mount  Van Hoevenberg Olympic Sports Complex in
          Essex County
 
     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.
                                                                   LBD89070-01-3
        S. 5540                             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
        S. 5540                             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
        S. 5540                             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
        S. 5540                             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 Assembly concur), That the foregoing be referred
    19  to the first  regular  legislative  session  convening  after  the  next
    20  succeeding general election of members of the assembly, and, in conform-
    21  ity with section 1 of article 19 of the constitution, be published for 3
    22  months previous to the time of such election.