Bill Text: NY S00027 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-05-22 - referred to environmental conservation [S00027 Detail]
Download: New_York-2023-S00027-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 27 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sen. 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 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89020-01-3S. 27 2 1 such trails shall be in excess of one hundred twenty feet wide, on the 2 north, east and northwest slopes of Whiteface Mountain in Essex county, 3 nor from constructing and maintaining not more than twenty-five miles of 4 ski trails thirty to two hundred feet wide, together with appurtenances 5 thereto, provided that no more than two miles of such trails shall be in 6 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun- 7 tain in Ulster and Delaware counties and not more than forty miles of 8 ski trails thirty to two hundred feet wide, together with appurtenances 9 thereto, provided that no more than eight miles of such trails shall be 10 in excess of one hundred twenty feet wide, on the slopes of Gore and 11 Pete Gay mountains in Warren county, nor from relocating, reconstructing 12 and maintaining a total of not more than fifty miles of existing state 13 highways for the purpose of eliminating the hazards of dangerous curves 14 and grades, provided a total of no more than four hundred acres of 15 forest preserve land shall be used for such purpose and that no single 16 relocated portion of any highway shall exceed one mile in length. 17 Notwithstanding the foregoing provisions, the state may convey to the 18 village of Saranac Lake ten acres of forest preserve land adjacent to 19 the boundaries of such village for public use in providing for refuse 20 disposal and in exchange therefore the village of Saranac Lake shall 21 convey to the state thirty acres of certain true forest land owned by 22 such village on Roaring Brook in the northern half of Lot 113, Township 23 11, Richards Survey. Notwithstanding the foregoing provisions, the state 24 may convey to the town of Arietta twenty-eight acres of forest preserve 25 land within such town for public use in providing for the extension of 26 the runway and landing strip of the Piseco airport and in exchange 27 therefor the town of Arietta shall convey to the state thirty acres of 28 certain land owned by such town in the town of Arietta. Notwithstanding 29 the foregoing provisions and subject to legislative approval of the 30 tracts to be exchanged prior to the actual transfer of title, the state, 31 in order to consolidate its land holdings for better management, may 32 convey to International Paper Company approximately eight thousand five 33 hundred acres of forest preserve land located in townships two and three 34 of Totten and Crossfield Purchase and township nine of the Moose River 35 Tract, Hamilton county, and in exchange therefore International Paper 36 Company shall convey to the state for incorporation into the forest 37 preserve approximately the same number of acres of land located within 38 such townships and such County on condition that the legislature shall 39 determine that the lands to be received by the state are at least equal 40 in value to the lands to be conveyed by the state. Notwithstanding the 41 foregoing provisions and subject to legislative approval of the tracts 42 to be exchanged prior to the actual transfer of title and the conditions 43 herein set forth, the state, in order to facilitate the preservation of 44 historic buildings listed on the national register of historic places by 45 rejoining an historic grouping of buildings under unitary ownership and 46 stewardship, may convey to Sagamore Institute Inc., a not-for-profit 47 educational organization, approximately ten acres of land and buildings 48 thereon adjoining the real property of the Sagamore Institute, Inc. and 49 located on Sagamore Road, near Raquette Lake Village, in the Town of 50 Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti- 51 tute, Inc. shall convey to the state for incorporation into the forest 52 preserve approximately two hundred acres of wild forest land located 53 within the Adirondack Park on condition that the legislature shall 54 determine that the lands to be received by the state are at least equal 55 in value to the lands and buildings to be conveyed by the state and that 56 the natural and historic character of the lands and buildings conveyedS. 27 3 1 by the state will be secured by appropriate covenants and restrictions 2 and that the lands and buildings conveyed by the state will reasonably 3 be available for public visits according to agreement between Sagamore 4 Institute, Inc. and the state. Notwithstanding the foregoing provisions 5 the state may convey to the town of Arietta fifty acres of forest 6 preserve land within such town for public use in providing for the 7 extension of the runway and landing strip of the Piseco airport and 8 providing for the maintenance of a clear zone around such runway, and in 9 exchange therefor, the town of Arietta shall convey to the state fifty- 10 three acres of true forest land located in lot 2 township 2 Totten and 11 Crossfield's Purchase in the town of Lake Pleasant. 12 Notwithstanding the foregoing provisions and subject to legislative 13 approval prior to actual transfer of title, the state may convey to the 14 town of Keene, Essex county, for public use as a cemetery owned by such 15 town, approximately twelve acres of forest preserve land within such 16 town and, in exchange therefor, the town of Keene shall convey to the 17 state for incorporation into the forest preserve approximately one 18 hundred forty-four acres of land, together with an easement over land 19 owned by such town including the riverbed adjacent to the land to be 20 conveyed to the state that will restrict further development of such 21 land, on condition that the legislature shall determine that the proper- 22 ty to be received by the state is at least equal in value to the land to 23 be conveyed by the state. 24 Notwithstanding the foregoing provisions and subject to legislative 25 approval prior to actual transfer of title, because there is no viable 26 alternative to using forest preserve lands for the siting of drinking 27 water wells and necessary appurtenances and because such wells are 28 necessary to meet drinking water quality standards, the state may convey 29 to the town of Long Lake, Hamilton county, one acre of forest preserve 30 land within such town for public use as the site of such drinking water 31 wells and necessary appurtenances for the municipal water supply for the 32 hamlet of Raquette Lake. In exchange therefor, the town of Long Lake 33 shall convey to the state at least twelve acres of land located in 34 Hamilton county for incorporation into the forest preserve that the 35 legislature shall determine is at least equal in value to the land to be 36 conveyed by the state. The Raquette Lake surface reservoir shall be 37 abandoned as a drinking water supply source. 38 Notwithstanding the foregoing provisions and subject to legislative 39 approval prior to actual transfer of title, the state may convey to 40 National Grid up to six acres adjoining State Route 56 in St. Lawrence 41 County where it passes through Forest Preserve in Township 5, Lots 1, 2, 42 5 and 6 that is necessary and appropriate for National Grid to construct 43 a new 46kV power line and in exchange therefore National Grid shall 44 convey to the state for incorporation into the forest preserve at least 45 10 acres of forest land owned by National Grid in St. Lawrence county, 46 on condition that the legislature shall determine that the property to 47 be received by the state is at least equal in value to the land conveyed 48 by the state. 49 Notwithstanding the foregoing provisions, the legislature may author- 50 ize the settlement, according to terms determined by the legislature, of 51 title disputes in township forty, Totten and Crossfield purchase in the 52 town of Long Lake, Hamilton county, to resolve longstanding and compet- 53 ing claims of title between the state and private parties in said town- 54 ship, provided that prior to, and as a condition of such settlement, 55 land purchased without the use of state-appropriated funds, and suitable 56 for incorporation in the forest preserve within the Adirondack park,S. 27 4 1 shall be conveyed to the state on the condition that the legislature 2 shall determine that the property to be conveyed to the state shall 3 provide a net benefit to the forest preserve as compared to the township 4 forty lands subject to such settlement. 5 Notwithstanding the foregoing provisions, the state may authorize NYCO 6 Minerals, Inc. to engage in mineral sampling operations, solely at its 7 expense, to determine the quantity and quality of wollastonite on 8 approximately 200 acres of forest preserve land contained in lot 8, 9 Stowers survey, town of Lewis, Essex county provided that NYCO Minerals, 10 Inc. shall provide the data and information derived from such drilling 11 to the state for appraisal purposes. Subject to legislative approval of 12 the tracts to be exchanged prior to the actual transfer of title, the 13 state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in 14 exchange therefor, NYCO Minerals, Inc. shall convey to the state for 15 incorporation into the forest preserve not less than the same number of 16 acres of land, on condition that the legislature shall determine that 17 the lands to be received by the state are equal to or greater than the 18 value of the land to be conveyed by the state and on condition that the 19 assessed value of the land to be conveyed to the state shall total not 20 less than one million dollars. When NYCO Minerals, Inc. terminates all 21 mining operations on such lot 8 it shall remediate the site and convey 22 title to such lot back to the state of New York for inclusion in the 23 forest preserve. In the event that lot 8 is not conveyed to NYCO 24 Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. never- 25 theless shall convey to the state for incorporation into the forest 26 preserve not less than the same number of acres of land that is 27 disturbed by any mineral sampling operations conducted on said lot 8 28 pursuant to this paragraph on condition that the legislature shall 29 determine that the lands to be received by the state are equal to or 30 greater than the value of the lands disturbed by the mineral sampling 31 operations. 32 Notwithstanding the foregoing provisions and subject to legislative 33 approval prior to actual transfer of title, a total of no more than two 34 hundred fifty acres of forest preserve land shall be used for the estab- 35 lishment of a health and safety land account. Where no viable alterna- 36 tive exists and other criteria developed by the legislature are satis- 37 fied, a town, village or county may apply, pursuant to a process 38 determined by the legislature, to the health and safety land account for 39 projects limited to: address bridge hazards or safety on county high- 40 ways, and town highways listed on the local highway inventory maintained 41 by the department of transportation, dedicated, and in existence on 42 January first, two thousand fifteen, and annually plowed and regularly 43 maintained; elimination of the hazards of dangerous curves and grades on 44 county highways, and town highways listed on the local highway inventory 45 maintained by the department of transportation, dedicated, and in exist- 46 ence on January first, two thousand fifteen, and annually plowed and 47 regularly maintained; relocation and reconstruction and maintenance of 48 county highways, and town highways listed on the local highway inventory 49 maintained by the department of transportation, dedicated, and in exist- 50 ence on January first, two thousand fifteen and annually plowed and 51 regularly maintained, provided further that no single relocated portion 52 of any such highway shall exceed one mile in length; and water wells and 53 necessary appurtenances when such wells are necessary to meet drinking 54 water quality standards and are located within five hundred thirty feet 55 of state highways, county highways, and town highways listed on the 56 local highway inventory maintained by the department of transportation,S. 27 5 1 dedicated, and in existence on January first, two thousand fifteen, and 2 annually plowed and regularly maintained. As a condition of the creation 3 of such health and safety land account the state shall acquire two 4 hundred fifty acres of land for incorporation into the forest preserve, 5 on condition that the legislature shall approve such lands to be added 6 to the forest preserve. 7 Notwithstanding the foregoing provisions and subject to legislative 8 approval prior to actual transfer of title, the land developed as a 9 private tuberculosis hospital, private college annex and a state prison, 10 comprising forty-eight structures may be conveyed by the state at public 11 or private sale up to ninety-two acres of land along State Route 86, 12 part of Lot 78, Township 18, Great Tract 1, Macomb's purchase in the 13 town of Brighton, Franklin county, upon the condition that any revenue 14 derived from such conveyance be paid into an account of the state to be 15 used only for acquisitions to the forest preserve. Held in reserve, for 16 the Town of Brighton in Franklin County, will be water rights on the 17 above described premises for the purpose of creating a Water District to 18 supply potable water to the people of the Town of Brighton from the 19 hamlet of Gabriel's to the area known as Easy Street, as this area is 20 negatively affected by State applied Road Salt in their water wells. 21 § 2. Resolved (if the Assembly concur), That the foregoing be referred 22 to the first regular legislative session convening after the next 23 succeeding general election of members of the assembly, and, in conform- 24 ity with section 1 of article 19 of the constitution, be published for 3 25 months previous to the time of such election.
