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S07654 Summary:

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S07654 Floor Votes:

S07654 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7654--A
 
                    IN SENATE
 
                                      June 12, 2012
                                       ___________
 
        Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
                    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
    27  north, east and northwest slopes of Whiteface Mountain in Essex  county,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89161-02-2
        S. 7654--A                          2
 
     1  nor from constructing and maintaining not more than twenty-five miles of
     2  ski  trails thirty to two hundred feet wide, together with appurtenances
     3  thereto, provided that no more than two miles of such trails shall be in
     4  excess of one hundred twenty feet wide, on the slopes of Belleayre Moun-

     5  tain  in  Ulster  and Delaware counties and not more than forty miles of
     6  ski trails thirty to two hundred feet wide, together with  appurtenances
     7  thereto,  provided that no more than eight miles of such trails shall be
     8  in excess of one hundred twenty feet wide, on the  slopes  of  Gore  and
     9  Pete Gay mountains in Warren county, nor from relocating, reconstructing
    10  and  maintaining  a total of not more than fifty miles of existing state
    11  highways for the purpose of eliminating the hazards of dangerous  curves
    12  and  grades,  provided  a  total  of  no more than four hundred acres of
    13  forest preserve land shall be used for such purpose and that  no  single
    14  relocated  portion  of  any  highway  shall  exceed  one mile in length.
    15  Notwithstanding the foregoing provisions, the state may  convey  to  the
    16  village  of  Saranac  Lake ten acres of forest preserve land adjacent to

    17  the boundaries of such village for public use in  providing  for  refuse
    18  disposal  and  in  exchange  therefore the village of Saranac Lake shall
    19  convey to the state thirty acres of certain true forest  land  owned  by
    20  such  village on Roaring Brook in the northern half of Lot 113, Township
    21  11, Richards Survey. Notwithstanding the foregoing provisions, the state
    22  may convey to the town of Arietta twenty-eight acres of forest  preserve
    23  land  within  such town for public use in providing for the extension of
    24  the runway and landing strip of  the  Piseco  airport  and  in  exchange
    25  therefor  the  town of Arietta shall convey to the state thirty acres of
    26  certain land owned by such town in the town of Arietta.  Notwithstanding
    27  the  foregoing  provisions  and  subject  to legislative approval of the
    28  tracts to be exchanged prior to the actual transfer of title, the state,

    29  in order to consolidate its land holdings  for  better  management,  may
    30  convey  to International Paper Company approximately eight thousand five
    31  hundred acres of forest preserve land located in townships two and three
    32  of Totten and Crossfield's Purchase and township nine of the Moose River
    33  Tract, Hamilton county, and in exchange  therefore  International  Paper
    34  Company  shall  convey  to  the  state for incorporation into the forest
    35  preserve approximately the same number of acres of land  located  within
    36  such  townships  and such County on condition that the legislature shall
    37  determine that the lands to be received by the state are at least  equal
    38  in  value  to the lands to be conveyed by the state. Notwithstanding the
    39  foregoing provisions and subject to legislative approval of  the  tracts
    40  to be exchanged prior to the actual transfer of title and the conditions

    41  herein  set forth, the state, in order to facilitate the preservation of
    42  historic buildings listed on the national register of historic places by
    43  rejoining an historic grouping of buildings under unitary ownership  and
    44  stewardship,  may  convey  to  Sagamore Institute Inc., a not-for-profit
    45  educational organization, approximately ten acres of land and  buildings
    46  thereon  adjoining the real property of the Sagamore Institute, Inc. and
    47  located on Sagamore Road, near Raquette Lake Village,  in  the  Town  of
    48  Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti-
    49  tute,  Inc.  shall convey to the state for incorporation into the forest
    50  preserve approximately two hundred acres of  wild  forest  land  located
    51  within  the  Adirondack  Park  on  condition  that the legislature shall
    52  determine that the lands to be received by the state are at least  equal

    53  in value to the lands and buildings to be conveyed by the state and that
    54  the  natural  and historic character of the lands and buildings conveyed
    55  by the state will be secured by appropriate covenants  and  restrictions
    56  and  that  the lands and buildings conveyed by the state will reasonably
        S. 7654--A                          3
 
     1  be available for public visits according to agreement  between  Sagamore
     2  Institute, Inc.  and the state. Notwithstanding the foregoing provisions
     3  the  state  may  convey  to  the  town  of Arietta fifty acres of forest
     4  preserve  land  within  such  town  for  public use in providing for the
     5  extension of the runway and landing strip  of  the  Piseco  airport  and
     6  providing for the maintenance of a clear zone around such runway, and in
     7  exchange  therefor, the town of Arietta shall convey to the state fifty-

     8  three acres of true forest land located in lot 2 township 2  Totten  and
     9  Crossfield's Purchase in the town of Lake Pleasant.
    10    Notwithstanding  the  foregoing  provisions and subject to legislative
    11  approval prior to actual transfer of title, the state may convey to  the
    12  town  of Keene, Essex county, for public use as a cemetery owned by such
    13  town, approximately twelve acres of forest  preserve  land  within  such
    14  town  and,  in  exchange therefor, the town of Keene shall convey to the
    15  state for incorporation  into  the  forest  preserve  approximately  one
    16  hundred  forty-four  acres  of land, together with an easement over land
    17  owned by such town including the riverbed adjacent to  the  land  to  be
    18  conveyed  to  the  state  that will restrict further development of such
    19  land, on condition that the legislature shall determine that the proper-

    20  ty to be received by the state is at least equal in value to the land to
    21  be conveyed by the state.
    22    Notwithstanding the foregoing provisions and  subject  to  legislative
    23  approval  prior  to actual transfer of title, because there is no viable
    24  alternative to using forest preserve lands for the  siting  of  drinking
    25  water  wells  and  necessary  appurtenances  and  because such wells are
    26  necessary to meet drinking water quality standards, the state may convey
    27  to the town of Long Lake, Hamilton county, one acre of  forest  preserve
    28  land  within such town for public use as the site of such drinking water
    29  wells and necessary appurtenances for the municipal water supply for the
    30  hamlet of Raquette Lake. In exchange therefor, the  town  of  Long  Lake
    31  shall  convey  to  the  state  at  least twelve acres of land located in

    32  Hamilton county for incorporation into  the  forest  preserve  that  the
    33  legislature shall determine is at least equal in value to the land to be
    34  conveyed  by  the  state.  The  Raquette Lake surface reservoir shall be
    35  abandoned as a drinking water supply source.
    36    Notwithstanding the foregoing provisions and  subject  to  legislative
    37  approval  prior  to  actual  transfer  of title, the state may convey to
    38  National Grid up to six acres adjoining State Route 56 in  St.  Lawrence
    39  County where it passes through Forest Preserve in Township 5, Lots 1, 2,
    40  5 and 6 that is necessary and appropriate for National Grid to construct
    41  a  new  46kV  power  line  and in exchange therefore National Grid shall
    42  convey to the state for incorporation into the forest preserve at  least
    43  10  acres  of forest land owned by National Grid in St. Lawrence county,

    44  on condition that the legislature shall determine that the  property  to
    45  be received by the state is at least equal in value to the land conveyed
    46  by the state.
    47    Notwithstanding the foregoing provisions, the state may authorize NYCO
    48  Minerals,  Inc.  to engage in mineral sampling operations, solely at its
    49  expense, to determine  the  quantity  and  quality  of  wollastonite  on
    50  approximately  200  acres  of  forest  preserve land contained in lot 8,
    51  Stowers survey, town of Lewis, Essex county provided that NYCO Minerals,
    52  Inc. shall provide the data and information derived from  such  drilling
    53  to  the state for appraisal purposes. Subject to legislative approval of
    54  the tracts to be exchanged prior to the actual transfer  of  title,  the

    55  state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in
    56  exchange  therefor,  NYCO  Minerals,  Inc. shall convey to the state for
        S. 7654--A                          4
 
     1  incorporation into the forest preserve not less than the same number  of
     2  acres  of  land,  on condition that the legislature shall determine that
     3  the lands to be received by the state are equal to or greater  than  the
     4  value  of the land to be conveyed by the state and on condition that the
     5  assessed value of the land to be conveyed to the state shall  total  not
     6  less  than  one million dollars. When NYCO Minerals, Inc. terminates all
     7  mining operations on such lot 8 it shall remediate the site  and  convey

     8  title  to  such  lot  back to the state of New York for inclusion in the
     9  forest preserve. In the event  that  lot  8  is  not  conveyed  to  NYCO
    10  Minerals,  Inc.  pursuant to this paragraph, NYCO Minerals, Inc.  never-
    11  theless shall convey to the state  for  incorporation  into  the  forest
    12  preserve  not  less  than  the  same  number  of  acres  of land that is
    13  disturbed by any mineral sampling  operations conducted on  said  lot  8
    14  pursuant  to  this  paragraph  on  condition  that the legislature shall
    15  determine that the lands to be received by the state  are  equal  to  or
    16  greater  than  the  value of the lands disturbed by the mineral sampling
    17  operations.
    18    § 2. Resolved (if the Assembly concur), That the  foregoing  amendment

    19  be referred to the first regular legislative session convening after the
    20  next  succeeding  general  election  of members to the assembly, and, in
    21  conformity with  section  1  of  article  19  of  the  constitution,  be
    22  published for 3 months previous to the time of such election.