Bill Text: NY A00794 | 2021-2022 | General Assembly | Amended
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: Bipartisan Bill
Status: (Introduced - Dead) 2022-05-24 - opinion referred to judiciary [A00794 Detail]
Download: New_York-2021-A00794-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 794--A 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. JONES, PHEFFER AMATO, B. MILLER, MONTESANO, SIMP- SON -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conservation in accordance with Assembly Rule 3, sec. 2 -- 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 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 Senate concur), That section 1 of article 2 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89061-02-2A. 794--A 2 1 said taking not to exceed a total of three hundred acres of state forest 2 preserve land, nor from constructing and maintaining not more than twen- 3 ty-five miles of ski trails thirty to two hundred feet wide, together 4 with appurtenances thereto, provided that no more than five miles of 5 such trails shall be in excess of one hundred twenty feet wide, on the 6 north, east and northwest slopes of Whiteface Mountain in Essex county, 7 nor from constructing and maintaining not more than twenty-five miles of 8 ski trails thirty to two hundred feet wide, together with appurtenances 9 thereto, provided that no more than two miles of such trails shall be in 10 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun- 11 tain in Ulster and Delaware counties and not more than forty miles of 12 ski trails thirty to two hundred feet wide, together with appurtenances 13 thereto, provided that no more than eight miles of such trails shall be 14 in excess of one hundred twenty feet wide, on the slopes of Gore and 15 Pete Gay mountains in Warren county, nor from relocating, reconstructing 16 and maintaining a total of not more than fifty miles of existing state 17 highways for the purpose of eliminating the hazards of dangerous curves 18 and grades, provided a total of no more than four hundred acres of 19 forest preserve land shall be used for such purpose and that no single 20 relocated portion of any highway shall exceed one mile in length. 21 Notwithstanding the foregoing provisions, the state may convey to the 22 village of Saranac Lake ten acres of forest preserve land adjacent to 23 the boundaries of such village for public use in providing for refuse 24 disposal and in exchange therefore the village of Saranac Lake shall 25 convey to the state thirty acres of certain true forest land owned by 26 such village on Roaring Brook in the northern half of Lot 113, Township 27 11, Richards Survey. Notwithstanding the foregoing provisions, the state 28 may convey to the town of Arietta twenty-eight acres of forest preserve 29 land within such town for public use in providing for the extension of 30 the runway and landing strip of the Piseco airport and in exchange 31 therefor the town of Arietta shall convey to the state thirty acres of 32 certain land owned by such town in the town of Arietta. Notwithstanding 33 the foregoing provisions and subject to legislative approval of the 34 tracts to be exchanged prior to the actual transfer of title, the state, 35 in order to consolidate its land holdings for better management, may 36 convey to International Paper Company approximately eight thousand five 37 hundred acres of forest preserve land located in townships two and three 38 of Totten and Crossfield Purchase and township nine of the Moose River 39 Tract, Hamilton county, and in exchange therefore International Paper 40 Company shall convey to the state for incorporation into the forest 41 preserve approximately the same number of acres of land located within 42 such townships and such County on condition that the legislature shall 43 determine that the lands to be received by the state are at least equal 44 in value to the lands to be conveyed by the state. Notwithstanding the 45 foregoing provisions and subject to legislative approval of the tracts 46 to be exchanged prior to the actual transfer of title and the conditions 47 herein set forth, the state, in order to facilitate the preservation of 48 historic buildings listed on the national register of historic places by 49 rejoining an historic grouping of buildings under unitary ownership and 50 stewardship, may convey to Sagamore Institute Inc., a not-for-profit 51 educational organization, approximately ten acres of land and buildings 52 thereon adjoining the real property of the Sagamore Institute, Inc. and 53 located on Sagamore Road, near Raquette Lake Village, in the Town of 54 Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti- 55 tute, Inc. shall convey to the state for incorporation into the forest 56 preserve approximately two hundred acres of wild forest land locatedA. 794--A 3 1 within the Adirondack Park on condition that the legislature shall 2 determine that the lands to be received by the state are at least equal 3 in value to the lands and buildings to be conveyed by the state and that 4 the natural and historic character of the lands and buildings conveyed 5 by the state will be secured by appropriate covenants and restrictions 6 and that the lands and buildings conveyed by the state will reasonably 7 be available for public visits according to agreement between Sagamore 8 Institute, Inc. and the state. Notwithstanding the foregoing provisions 9 the state may convey to the town of Arietta fifty acres of forest 10 preserve land within such town for public use in providing for the 11 extension of the runway and landing strip of the Piseco airport and 12 providing for the maintenance of a clear zone around such runway, and in 13 exchange therefor, the town of Arietta shall convey to the state fifty- 14 three acres of true forest land located in lot 2 township 2 Totten and 15 Crossfield's Purchase in the town of Lake Pleasant. 16 Notwithstanding the foregoing provisions and subject to legislative 17 approval prior to actual transfer of title, the state may convey to the 18 town of Keene, Essex county, for public use as a cemetery owned by such 19 town, approximately twelve acres of forest preserve land within such 20 town and, in exchange therefor, the town of Keene shall convey to the 21 state for incorporation into the forest preserve approximately one 22 hundred forty-four acres of land, together with an easement over land 23 owned by such town including the riverbed adjacent to the land to be 24 conveyed to the state that will restrict further development of such 25 land, on condition that the legislature shall determine that the proper- 26 ty to be received by the state is at least equal in value to the land to 27 be conveyed by the state. 28 Notwithstanding the foregoing provisions and subject to legislative 29 approval prior to actual transfer of title, because there is no viable 30 alternative to using forest preserve lands for the siting of drinking 31 water wells and necessary appurtenances and because such wells are 32 necessary to meet drinking water quality standards, the state may convey 33 to the town of Long Lake, Hamilton county, one acre of forest preserve 34 land within such town for public use as the site of such drinking water 35 wells and necessary appurtenances for the municipal water supply for the 36 hamlet of Raquette Lake. In exchange therefor, the town of Long Lake 37 shall convey to the state at least twelve acres of land located in 38 Hamilton county for incorporation into the forest preserve that the 39 legislature shall determine is at least equal in value to the land to be 40 conveyed by the state. The Raquette Lake surface reservoir shall be 41 abandoned as a drinking water supply source. 42 Notwithstanding the foregoing provisions and subject to legislative 43 approval prior to actual transfer of title, the state may convey to 44 National Grid up to six acres adjoining State Route 56 in St. Lawrence 45 County where it passes through Forest Preserve in Township 5, Lots 1, 2, 46 5 and 6 that is necessary and appropriate for National Grid to construct 47 a new 46kV power line and in exchange therefore National Grid shall 48 convey to the state for incorporation into the forest preserve at least 49 10 acres of forest land owned by National Grid in St. Lawrence county, 50 on condition that the legislature shall determine that the property to 51 be received by the state is at least equal in value to the land conveyed 52 by the state. 53 Notwithstanding the foregoing provisions, the legislature may author- 54 ize the settlement, according to terms determined by the legislature, of 55 title disputes in township forty, Totten and Crossfield purchase in the 56 town of Long Lake, Hamilton county, to resolve longstanding and compet-A. 794--A 4 1 ing claims of title between the state and private parties in said town- 2 ship, provided that prior to, and as a condition of such settlement, 3 land purchased without the use of state-appropriated funds, and suitable 4 for incorporation in the forest preserve within the Adirondack park, 5 shall be conveyed to the state on the condition that the legislature 6 shall determine that the property to be conveyed to the state shall 7 provide a net benefit to the forest preserve as compared to the township 8 forty lands subject to such settlement. 9 Notwithstanding the foregoing provisions, the state may authorize NYCO 10 Minerals, Inc. to engage in mineral sampling operations, solely at its 11 expense, to determine the quantity and quality of wollastonite on 12 approximately 200 acres of forest preserve land contained in lot 8, 13 Stowers survey, town of Lewis, Essex county provided that NYCO Minerals, 14 Inc. shall provide the data and information derived from such drilling 15 to the state for appraisal purposes. Subject to legislative approval of 16 the tracts to be exchanged prior to the actual transfer of title, the 17 state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in 18 exchange therefor, NYCO Minerals, Inc. shall convey to the state for 19 incorporation into the forest preserve not less than the same number of 20 acres of land, on condition that the legislature shall determine that 21 the lands to be received by the state are equal to or greater than the 22 value of the land to be conveyed by the state and on condition that the 23 assessed value of the land to be conveyed to the state shall total not 24 less than one million dollars. When NYCO Minerals, Inc. terminates all 25 mining operations on such lot 8 it shall remediate the site and convey 26 title to such lot back to the state of New York for inclusion in the 27 forest preserve. In the event that lot 8 is not conveyed to NYCO 28 Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. never- 29 theless shall convey to the state for incorporation into the forest 30 preserve not less than the same number of acres of land that is 31 disturbed by any mineral sampling operations conducted on said lot 8 32 pursuant to this paragraph on condition that the legislature shall 33 determine that the lands to be received by the state are equal to or 34 greater than the value of the lands disturbed by the mineral sampling 35 operations. 36 Notwithstanding the foregoing provisions and subject to legislative 37 approval prior to actual transfer of title, a total of no more than two 38 hundred fifty acres of forest preserve land shall be used for the estab- 39 lishment of a health and safety land account. Where no viable alterna- 40 tive exists and other criteria developed by the legislature are satis- 41 fied, a town, village or county may apply, pursuant to a process 42 determined by the legislature, to the health and safety land account for 43 projects limited to: address bridge hazards or safety on county high- 44 ways, and town highways listed on the local highway inventory maintained 45 by the department of transportation, dedicated, and in existence on 46 January first, two thousand fifteen, and annually plowed and regularly 47 maintained; elimination of the hazards of dangerous curves and grades on 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; relocation and reconstruction and maintenance of 52 county highways, and town highways listed on the local highway inventory 53 maintained by the department of transportation, dedicated, and in exist- 54 ence on January first, two thousand fifteen and annually plowed and 55 regularly maintained, provided further that no single relocated portion 56 of any such highway shall exceed one mile in length; and water wells andA. 794--A 5 1 necessary appurtenances when such wells are necessary to meet drinking 2 water quality standards and are located within five hundred thirty feet 3 of state highways, county highways, and town highways listed on the 4 local highway inventory maintained by the department of transportation, 5 dedicated, and in existence on January first, two thousand fifteen, and 6 annually plowed and regularly maintained. As a condition of the creation 7 of such health and safety land account the state shall acquire two 8 hundred fifty acres of land for incorporation into the forest preserve, 9 on condition that the legislature shall approve such lands to be added 10 to the forest preserve. 11 Notwithstanding the foregoing provisions and subject to legislative 12 approval prior to actual transfer of title, the land developed as a 13 private tuberculosis hospital, private college annex and a state prison, 14 comprising forty-eight structures may be conveyed by the state at public 15 or private sale up to ninety-two acres of land along State Route 86, 16 part of Lot 78, Township 18, Great Tract 1, Macomb's purchase in the 17 town of Brighton, Franklin county, upon the condition that any revenue 18 derived from such conveyance be paid into an account of the state to be 19 used only for acquisitions to the forest preserve. Held in reserve, for 20 the Town of Brighton in Franklin County, will be water rights on the 21 above described premises for the purpose of creating a Water District to 22 supply potable water to the people of the Town of Brighton from the 23 hamlet of Gabriel's to the area known as Easy Street, as this area is 24 negatively affected by State applied Road Salt in their water wells. 25 § 2. Resolved (if the Senate concur), That the foregoing be referred 26 to the first regular legislative session convening after the next 27 succeeding general election of members of the assembly, and, in conform- 28 ity with section 1 of article 19 of the constitution, be published for 3 29 months previous to the time of such election.
