•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A07535 Summary:

BILL NOA07535D
 
SAME ASSAME AS S07868-C
 
SPONSORJones
 
COSPNSRSimpson, Englebright
 
MLTSPNSR
 
Amd Art 14 §1, Constn
 
Amends the constitution to convey land to Debar Pond Institute, Inc. in order to facilitate the preservation of historic buildings.
Go to top

A07535 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7535--D
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  JONES, SIMPSON, ENGLEBRIGHT -- read once and
          referred to the Committee on Environmental Conservation  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- reported and referred to the Committee on Ways
          and Means -- 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 conveying land to Debar Pond Institute Inc.   in  order
          to facilitate the preservation of historic buildings
 
     1    Section  1. Resolved (if the Senate concur), That section 1 of article
     2  14 of the constitution be amended 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89104-11-2

        A. 7535--D                          2
 
     1  preserve land, nor from constructing and maintaining not more than twen-
     2  ty-five miles of ski trails thirty to two hundred  feet  wide,  together
     3  with  appurtenances  thereto,  provided  that no more than five miles of
     4  such  trails  shall be in excess of one hundred twenty feet wide, on the
     5  north, east and northwest slopes of Whiteface Mountain in Essex  county,
     6  nor from constructing and maintaining not more than twenty-five miles of
     7  ski  trails thirty to two hundred feet wide, together with appurtenances
     8  thereto, provided that no more than two miles of such trails shall be in
     9  excess of one hundred twenty feet wide, on the slopes of Belleayre Moun-
    10  tain in Ulster and Delaware counties and not more than  forty  miles  of
    11  ski  trails thirty to two hundred feet wide, together with appurtenances
    12  thereto, provided that no more than eight miles of such trails shall  be
    13  in  excess  of  one  hundred twenty feet wide, on the slopes of Gore and
    14  Pete Gay mountains in Warren county, nor from relocating, reconstructing
    15  and maintaining a total of not more than fifty miles of  existing  state
    16  highways  for the purpose of eliminating the hazards of dangerous curves
    17  and grades, provided a total of no  more  than  four  hundred  acres  of
    18  forest  preserve  land shall be used for such purpose and that no single
    19  relocated portion of any  highway  shall  exceed  one  mile  in  length.
    20  Notwithstanding  the  foregoing  provisions, the state may convey to the
    21  village of Saranac Lake ten acres of forest preserve  land  adjacent  to
    22  the  boundaries  of  such village for public use in providing for refuse
    23  disposal and in exchange therefore the village  of  Saranac  Lake  shall
    24  convey  to  the  state thirty acres of certain true forest land owned by
    25  such village on Roaring Brook in the northern half of Lot 113,  Township
    26  11, Richards Survey. Notwithstanding the foregoing provisions, the state
    27  may  convey to the town of Arietta twenty-eight acres of forest preserve
    28  land within such town for public use in providing for the  extension  of
    29  the  runway  and  landing  strip  of  the Piseco airport and in exchange
    30  therefor the town of Arietta shall convey to the state thirty  acres  of
    31  certain  land owned by such town in the town of Arietta. Notwithstanding
    32  the foregoing provisions and subject  to  legislative  approval  of  the
    33  tracts to be exchanged prior to the actual transfer of title, the state,
    34  in  order  to  consolidate  its land holdings for better management, may
    35  convey to International Paper Company approximately eight thousand  five
    36  hundred acres of forest preserve land located in townships two and three
    37  of  Totten  and Crossfield Purchase and township nine of the Moose River
    38  Tract, Hamilton county, and in exchange  therefore  International  Paper
    39  Company  shall  convey  to  the  state for incorporation into the forest
    40  preserve approximately the same number of acres of land  located  within
    41  such  townships  and such County on condition that the legislature shall
    42  determine that the lands to be received by the state are at least  equal
    43  in  value  to the lands to be conveyed by the state. Notwithstanding the
    44  foregoing provisions and subject to legislative approval of  the  tracts
    45  to be exchanged prior to the actual transfer of title and the conditions
    46  herein  set forth, the state, in order to facilitate the preservation of
    47  historic buildings listed on the national register of historic places by
    48  rejoining an historic grouping of buildings under unitary ownership  and
    49  stewardship,  may  convey  to  Sagamore Institute Inc., a not-for-profit
    50  educational organization, approximately ten acres of land and  buildings
    51  thereon  adjoining the real property of the Sagamore Institute, Inc. and
    52  located on Sagamore Road, near Raquette Lake Village,  in  the  Town  of
    53  Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti-
    54  tute,  Inc.  shall convey to the state for incorporation into the forest
    55  preserve approximately two hundred acres of  wild  forest  land  located
    56  within  the  Adirondack  Park  on  condition  that the legislature shall

        A. 7535--D                          3
 
     1  determine that the lands to be received by the state are at least  equal
     2  in value to the lands and buildings to be conveyed by the state and that
     3  the  natural  and historic character of the lands and buildings conveyed
     4  by  the  state will be secured by appropriate covenants and restrictions
     5  and that the lands and buildings conveyed by the state  will  reasonably
     6  be  available  for public visits according to agreement between Sagamore
     7  Institute, Inc.  and the state. Notwithstanding the foregoing provisions
     8  the state may convey to the  town  of  Arietta  fifty  acres  of  forest
     9  preserve  land  within  such  town  for  public use in providing for the
    10  extension of the runway and landing strip  of  the  Piseco  airport  and
    11  providing for the maintenance of a clear zone around such runway, and in
    12  exchange  therefor, the town of Arietta shall convey to the state fifty-
    13  three acres of true forest land located in lot 2 township 2  Totten  and
    14  Crossfield's Purchase in the town of Lake Pleasant.
    15    Notwithstanding  the  foregoing  provisions and subject to legislative
    16  approval prior to actual transfer of title, the state may convey to  the
    17  town  of Keene, Essex county, for public use as a cemetery owned by such
    18  town, approximately twelve acres of forest  preserve  land  within  such
    19  town  and,  in  exchange therefor, the town of Keene shall convey to the
    20  state for incorporation  into  the  forest  preserve  approximately  one
    21  hundred  forty-four  acres  of land, together with an easement over land
    22  owned by such town including the riverbed adjacent to  the  land  to  be
    23  conveyed  to  the  state  that will restrict further development of such
    24  land, on condition that the legislature shall determine that the proper-
    25  ty to be received by the state is at least equal in value to the land to
    26  be conveyed by the state.
    27    Notwithstanding the foregoing provisions and  subject  to  legislative
    28  approval  prior  to actual transfer of title, because there is no viable
    29  alternative to using forest preserve lands for the  siting  of  drinking
    30  water  wells  and  necessary  appurtenances  and  because such wells are
    31  necessary to meet drinking water quality standards, the state may convey
    32  to the town of Long Lake, Hamilton county, one acre of  forest  preserve
    33  land  within such town for public use as the site of such drinking water
    34  wells and necessary appurtenances for the municipal water supply for the
    35  hamlet of Raquette Lake. In exchange therefor, the  town  of  Long  Lake
    36  shall  convey  to  the  state  at  least twelve acres of land located in
    37  Hamilton county for incorporation into  the  forest  preserve  that  the
    38  legislature shall determine is at least equal in value to the land to be
    39  conveyed  by  the  state.  The  Raquette Lake surface reservoir shall be
    40  abandoned as a drinking water supply source.
    41    Notwithstanding the foregoing provisions and  subject  to  legislative
    42  approval  prior  to  actual  transfer  of title, the state may convey to
    43  National Grid up to six acres adjoining State Route 56 in  St.  Lawrence
    44  County where it passes through Forest Preserve in Township 5, Lots 1, 2,
    45  5 and 6 that is necessary and appropriate for National Grid to construct
    46  a  new  46kV  power  line  and in exchange therefore National Grid shall
    47  convey to the state for incorporation into the forest preserve at  least
    48  10  acres  of forest land owned by National Grid in St. Lawrence county,
    49  on condition that the legislature shall determine that the  property  to
    50  be received by the state is at least equal in value to the land conveyed
    51  by the state.
    52    Notwithstanding  the foregoing provisions, the legislature may author-
    53  ize the settlement, according to terms determined by the legislature, of
    54  title disputes in township forty, Totten and Crossfield purchase in  the
    55  town  of Long Lake, Hamilton county, to resolve longstanding and compet-
    56  ing claims of title between the state and private parties in said  town-

        A. 7535--D                          4
 
     1  ship,  provided  that  prior  to, and as a condition of such settlement,
     2  land purchased without the use of state-appropriated funds, and suitable
     3  for incorporation in the forest preserve  within  the  Adirondack  park,
     4  shall  be  conveyed  to  the state on the condition that the legislature
     5  shall determine that the property to be  conveyed  to  the  state  shall
     6  provide a net benefit to the forest preserve as compared to the township
     7  forty lands subject to such settlement.
     8    Notwithstanding the foregoing provisions, the state may authorize NYCO
     9  Minerals,  Inc.  to engage in mineral sampling operations, solely at its
    10  expense, to determine  the  quantity  and  quality  of  wollastonite  on
    11  approximately  200  acres  of  forest  preserve land contained in lot 8,
    12  Stowers survey, town of Lewis, Essex county provided that NYCO Minerals,
    13  Inc. shall provide the data and information derived from  such  drilling
    14  to  the state for appraisal purposes. Subject to legislative approval of
    15  the tracts to be exchanged prior to the actual transfer  of  title,  the
    16  state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in
    17  exchange  therefor,  NYCO  Minerals,  Inc. shall convey to the state for
    18  incorporation into the forest preserve not less than the same number  of
    19  acres  of  land,  on condition that the legislature shall determine that
    20  the lands to be received by the state are equal to or greater  than  the
    21  value  of the land to be conveyed by the state and on condition that the
    22  assessed value of the land to be conveyed to the state shall  total  not
    23  less  than  one million dollars. When NYCO Minerals, Inc. terminates all
    24  mining operations on such lot 8 it shall remediate the site  and  convey
    25  title  to  such  lot  back to the state of New York for inclusion in the
    26  forest preserve. In the event  that  lot  8  is  not  conveyed  to  NYCO
    27  Minerals,  Inc.  pursuant to this paragraph, NYCO Minerals, Inc.  never-
    28  theless shall convey to the state  for  incorporation  into  the  forest
    29  preserve  not  less  than  the  same  number  of  acres  of land that is
    30  disturbed by any mineral sampling  operations conducted on  said  lot  8
    31  pursuant  to  this  paragraph  on  condition  that the legislature shall
    32  determine that the lands to be received by the state  are  equal  to  or
    33  greater  than  the  value of the lands disturbed by the mineral sampling
    34  operations.
    35    Notwithstanding the foregoing provisions and  subject  to  legislative
    36  approval  prior to actual transfer of title, a total of no more than two
    37  hundred fifty acres of forest preserve land shall be used for the estab-
    38  lishment of a health and safety land account. Where no  viable  alterna-
    39  tive  exists  and other criteria developed by the legislature are satis-
    40  fied, a town, village  or  county  may  apply,  pursuant  to  a  process
    41  determined by the legislature, to the health and safety land account for
    42  projects  limited to:   address bridge hazards or safety on county high-
    43  ways, and town highways listed on the local highway inventory maintained
    44  by the department of transportation,  dedicated,  and  in  existence  on
    45  January  first,  two thousand fifteen, and annually plowed and regularly
    46  maintained; elimination of the hazards of dangerous curves and grades on
    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;  relocation and reconstruction and maintenance of
    51  county highways, and town highways listed on the local highway inventory
    52  maintained by the department of transportation, dedicated, and in exist-
    53  ence on January first, two thousand  fifteen  and  annually  plowed  and
    54  regularly  maintained, provided further that no single relocated portion
    55  of any such highway shall exceed one mile in length; and water wells and
    56  necessary appurtenances when such wells are necessary to  meet  drinking

        A. 7535--D                          5
 
     1  water  quality standards and are located within five hundred thirty feet
     2  of state highways, county highways, and  town  highways  listed  on  the
     3  local  highway inventory maintained by the department of transportation,
     4  dedicated,  and in existence on January first, two thousand fifteen, and
     5  annually plowed and regularly maintained. As a condition of the creation
     6  of such health and safety land  account  the  state  shall  acquire  two
     7  hundred  fifty acres of land for incorporation into the forest preserve,
     8  on condition that the legislature shall approve such lands to  be  added
     9  to the forest preserve.
    10    Notwithstanding  the  foregoing  provisions and subject to legislative
    11  approval of the tracts to be exchanged prior to the actual  transfer  of
    12  title and the conditions herein set forth, the state, in order to facil-
    13  itate  the  preservation  of  historic  buildings listed on the national
    14  register of historic places may convey to Debar Pond Institute, Inc.,  a
    15  not-for-profit  corporation,  approximately  six acres of land including
    16  Debar Pond Lodge and  associated  buildings,  providing  for    ingress,
    17  egress,  maintenance  and  improvement  for safe passage on the existing
    18  road from County Route 26 to Debar Pond Lodge; use  and  maintenance  of
    19  existing  utility  lines  and  poles and co-location of future utilities
    20  along such  lines  and  poles;  and  water  from  Debar  Pond  for  fire
    21  suppression,  in  the Town of Duane, county of Franklin, and in exchange
    22  therefor; Debar Pond Institute, Inc.  shall  convey  to  the  state  for
    23  incorporation  into the forest preserve not less than four hundred acres
    24  of land located within the Adirondack Park on condition that the  legis-
    25  lature shall determine that the lands to be received by the state are at
    26  least  equal  in value to the lands and buildings conveyed by the state,
    27  that the lands and buildings conveyed by the state will  be   reasonably
    28  available  for  public use and visits, and that the natural and historic
    29  character of the lands and buildings  conveyed  by  the  state  will  be
    30  secured by a conservation easement held by the state.
    31    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    32  referred to the first regular legislative session  convening  after  the
    33  next  succeeding  general  election  of members of the assembly, and, in
    34  conformity with  section  1  of  article  19  of  the  constitution,  be
    35  published for 3 months previous to the time of such election.
Go to top