Bill Text: NY A09768 | 2021-2022 | General Assembly | Introduced
Bill Title: Implements a land exchange and easements in the vicinity of Cathead Mountain authorized pursuant to an amendment to the state constitution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-02 - enacting clause stricken [A09768 Detail]
Download: New_York-2021-A09768-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9768 IN ASSEMBLY April 7, 2022 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to implementing a land exchange and easements in the vicinity of Cathead Mountain The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 9 of the environmental conservation law is amended 2 by adding a new title 23 to read as follows: 3 TITLE 23 4 RECREATIONAL ACCESS TO AND EMERGENCY COMMUNICATIONS 5 EQUIPMENT ON CATHEAD MOUNTAIN 6 Section 9-2301. Legislative purpose and intent. 7 9-2303. Conveyances to the state and Hamilton county. 8 9-2305. Declaration of restrictions. 9 9-2307. New York state affirmative rights. 10 9-2309. Legislative approval of conveyance. 11 9-2311. Attorney general to approve title. 12 9-2313. Land to be conveyed by the state. 13 9-2315. Right of first refusal. 14 9-2317. Special conditions. 15 9-2319. Sunset provision. 16 § 9-2301. Legislative purpose and intent. 17 1. The legislature hereby finds that the voters have approved an 18 amendment to section 1 of article 14 of the state constitution for the 19 purposes of increasing the acreage of the forest preserve, reopening to 20 the public an historically significant and popular recreational destina- 21 tion on the summit of Cathead Mountain in the town of Benson, county of 22 Hamilton in the southern Adirondacks, acquiring conservation easements 23 over certain private land on the slopes of Cathead Mountain, and provid- 24 ing for a tower for state and Hamilton county emergency communications 25 equipment on such summit, including motorized access to and a reliable 26 source of power for such equipment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15225-01-2A. 9768 2 1 2. The legislature further finds that the amendment will facilitate 2 public access to and enjoyment of the forest preserve in the southern 3 part of the Adirondack Park, an area that is currently underutilized for 4 recreation by the public. 5 3. The legislature also finds that the mountainous nature of the 6 southern Adirondacks and the remote nature of southern Adirondack Park 7 communities poses significant challenges to ensuring reliable emergency 8 communications systems for municipalities, the state police, and the 9 department of environmental conservation and that Cathead Mountain, 10 located in the town of Benson, Hamilton county, is uniquely situated to 11 meet critical public health and safety communication needs in the south- 12 ern area of the Adirondack Park. 13 4. The legislature therefore finds that a tower containing emergency 14 communications equipment on Cathead Mountain is essential for the public 15 health and safety needs in the southern area of the Adirondack Park. 16 5. The legislature further finds that legislation is necessary to 17 successfully implement the constitutional amendment in a manner which 18 provides significant additional acreage to the forest preserve, provides 19 substantial public recreational benefits, meets emergency communications 20 needs, protects natural resources and limits development on certain 21 privately held lands. 22 6. For these reasons, it is the intent of the legislature to implement 23 the constitutional amendment in a manner which adds five hundred eighty 24 acres to the forest preserve, creates trail easements for public access 25 to and recreational use of a fire tower on the summit of Cathead Moun- 26 tain, establishes an easement for access to and the construction and 27 maintenance of a new Hamilton county and state emergency communications 28 tower on Lot 166, Benson Tract, and creates conservation easements 29 restricting development, subdivision, and forest management over four 30 hundred thirty-four acres of private land on Cathead Mountain. 31 § 9-2303. Conveyances to the state and Hamilton county. 32 1. Hatchbrook Sportsmen Club, Inc. may convey to the state fee title 33 to Lots 122, 165, and 172, Benson Tract, town of Benson, county of 34 Hamilton, containing approximately four hundred eighty acres of true 35 forest land, for incorporation into the forest preserve. 36 2. Hatchbrook Sportsmen Club, Inc. may convey to the state and a 37 designated accredited land trust easements for hiking trails across Lot 38 166, Benson Tract for access to the fire tower located on the summit of 39 Cathead Mountain, provided that such easement shall restrict public use 40 during firearm hunting season for public safety reasons, and provided 41 further that such easement shall include language pertaining to trespass 42 or other damage to lands owned by such club. 43 3. Hatchbrook Sportsmen Club, Inc. may convey to the state and a 44 designated accredited land trust a conservation easement restricting 45 development, subdivision and forest management over Lot 166, Benson 46 Tract and a right of first refusal over such lot. Such easement may 47 reserve to such club the following rights: 48 a. the right to sustainable timber and forest product harvest; 49 b. the right to repair, maintain, improve or relocate any and all 50 existing roads, trails and paths and to construct any new roads and 51 trails necessary to support habitat management activities; 52 c. the right to provide the New York state police and other state 53 agencies with exclusive use of the existing communication tower site, 54 including accessory structures and facilities, unless and until a 55 replacement tower is constructed and available for use;A. 9768 3 1 d. the right to construct, establish and lease for construction one 2 additional communication tower on Lot 166 if the state or a local 3 government determines it necessary for communication purposes to support 4 public safety, including an access road necessary to complete tower 5 construction and facilitate ongoing operation, provided such tower shall 6 be as low profile as practicable. Once construction of a replacement 7 tower is completed and becomes operational, all infrastructure support- 8 ing the existing fire tower for purposes of communications will be 9 removed by the responsible state agency within one hundred eighty days, 10 provided that the New York state police or other state agencies may 11 continue to locate whip antennas on the fire tower to provide local 12 coverage as necessary. The infrastructure to be removed shall include 13 solar panels, a wind turbine and backup power generator, unless deemed 14 appropriate to serve the replacement tower. Once a new communications 15 tower is in operation, the fire tower shall be restored to its original 16 form for public enjoyment of the Adirondack Park in the Cathead Mountain 17 area pursuant to a restoration plan produced by the department that 18 includes budgets and timelines. The department shall produce such plan 19 within two hundred forty days of the completed construction of the new 20 tower. The state shall have full and unrestricted administrative access 21 to the fire tower for its restoration, maintenance and use and such 22 restoration, maintenance and use shall be the sole responsibility of the 23 state; 24 e. the right to transition to the next generation of public emergency 25 communication technology with the assistance of private communication 26 service companies in the event public safety use by the New York state 27 police, other state agency, or a local government ceases; 28 f. the right to install, repair, maintain, improve or relocate utili- 29 ties to service the above towers. Utilities located on Lot 166 must be 30 located on the surface of or under the ground and shall not be located 31 on above ground poles. 32 4. Hatchbrook Sportsmen Club, Inc. may convey to the state and Hamil- 33 ton county a right of way over Lot 166, Benson Tract for a utility line 34 to bring power to such tower and equipment and a road to provide motor- 35 ized access to such tower and equipment. 36 5. Thomas Gang, Inc. may convey to the state and a designated accred- 37 ited land trust an easement for a hiking trail across Lot 113, Benson 38 Tract to provide public access to the fire tower located on the summit 39 of Cathead Mountain, provided that such easement shall restrict public 40 use during firearm hunting season for public safety, and provided 41 further that such easement shall include language pertaining to trespass 42 or other damage to lands owned by such club. 43 6. Thomas Gang, Inc. may convey to the state and a designated accred- 44 ited land trust a conservation easement restricting development, subdi- 45 vision and forest management over Lot 167, Benson Tract and a right of 46 first refusal over such tract, and a conservation easement restricting 47 subdivision on fifty-eight acres of Lot 113 and requiring a one 48 hundred-foot vegetative buffer around the trail easement described in 49 subdivision five of this section. Such easements may reserve to such 50 club the following rights: 51 a. the right to sustainable timber and forest product harvest; 52 b. the right to maintain any existing camp structures and buildings; 53 c. the right to establish no more than one new hunting camp on Lot 54 167, Benson Tract, in accordance with regulations promulgated by the 55 Adirondack Park agency;A. 9768 4 1 d. the right to occupy, use, maintain, repair, improve, demolish or 2 replace existing camp structures and outbuildings; 3 e. the right to repair, maintain, improve or relocate any and all 4 existing roads, trails and paths and to construct any new roads and 5 trails necessary to support habitat management activities; 6 f. the right to install, repair, maintain, improve or relocate utili- 7 ties to service the above camps, and/or towers; 8 g. the right to conduct habitat management activities, including but 9 not limited to food plot planting. 10 7. Thomas Gang, Inc. may convey to the state and the county of Hamil- 11 ton a right of way over Lots 113 and 167, Benson Tract, for a utility 12 line to bring power to the tower and equipment described in subdivision 13 four of this section and for a road for motor vehicle access to the 14 tower and emergency communications equipment located on Lot 166 of such 15 tract. 16 8. The county of Hamilton may convey to the state for incorporation 17 into the forest preserve a total of not less than one hundred acres of 18 land suitable for addition to the forest preserve, subject to legisla- 19 tive approval. 20 § 9-2305. Declaration of restrictions. 21 Except to the extent expressly provided by the Hatchbrook Sportsmen 22 Club, Inc. reserved rights under subdivision three of section 9-2303 of 23 this title, and expressly provided by the Thomas Gang, Inc. reserved 24 rights under subdivision six of section 9-2303 of this title, the 25 following activities will be prohibited on conservation easements 26 conveyed by the clubs to the state and a designated accredited land 27 trust: 28 1. No residential, commercial agricultural or industrial activities 29 shall be allowed. 30 2. No timber harvesting equipment shall be used within fifty feet of 31 Beaver Pond unless necessitated by a wind storm, insect or disease, 32 epidemic, fire, ice storm or other act of God. Any selective timber 33 harvest within this area must maintain at least seventy-five percent of 34 the pre-harvest basal area. 35 3. No pesticides, insecticides, rodenticides or herbicides shall be 36 allowed except as provided for in the performance of approved forest 37 management activities or by state governmental agencies. 38 4. No new buildings, residences or mobile homes shall be allowed. 39 5. No mining shall be conducted, and no minerals, gas or oil will be 40 extracted except the onsite use of gravel and sand for road 41 construction. 42 § 9-2307. New York state affirmative rights. 43 The state of New York shall have the following affirmative rights: 44 1. The right on Lot 166 to construct, use, repair, maintain, replace 45 and improve the existing fire tower, including construction of a new 46 communication tower, ranger cabin, utilities and a new road to the emer- 47 gency communications tower. 48 2. The right to construct, use, repair and maintain a public trail 49 from Grant Lake through Lot 166, Benson Tract, to the fire tower and 50 summit of Cathead Mountain. 51 3. The right to construct, use, repair and maintain a public trail 52 through Lots 113 and 166, Benson Tract, to the fire tower and summit of 53 Cathead Mountain. 54 4. A right of first refusal, co-held by the state of New York and a 55 designated accredited land trust, should the Hatchbrook Sportsmen Club, 56 Inc. or Thomas Gang, Inc. decide to sell any or all of Lots 166 or 167,A. 9768 5 1 Benson Tract, or any of the forty-six acres in Lot 120 of such tract 2 which the state may convey to the Thomas Gang, Inc. pursuant to section 3 9-2313 of this title. 4 § 9-2309. Legislative approval of conveyance. 5 The legislature shall approve the conveyance by the county of Hamilton 6 authorized in subdivision eight of section 9-2303 of this title to 7 ensure such land constitutes a suitable addition to the forest preserve. 8 § 9-2311. Attorney general to approve title. 9 Title to land and easements to be conveyed to the state pursuant to 10 section 9-2303 of this title and the deeds to the state shall be 11 approved by the attorney general, as to form and manner of execution and 12 recordability, before the deeds shall be accepted on behalf of the 13 state. 14 § 9-2313. Land to be conveyed by the state. 15 Provided all parcels and property interests as provided for in 16 sections 9-2303 of this title have been conveyed to the state, the 17 state, through the office of general services, shall convey fee title to 18 forty-six acres of Lot 120, Benson Tract to Thomas Gang, Inc., provided 19 that the state shall reserve from such conveyance an easement for utili- 20 ties and administrative motor vehicle access and a conservation easement 21 restricting development, subdivision and forest management and a right 22 of first refusal, and provided further that any utilities located on Lot 23 120 must be located on the surface of or under the ground and not on 24 above ground poles. 25 § 9-2315. Right of first refusal. 26 The state shall have a right of first refusal over Lot 166 and Lot 27 167, Benson Tract, and over the forty-six acres in Lot 120 of such tract 28 which the state may convey to the Thomas Gang, Inc. pursuant to section 29 9-2313 of this title. 30 § 9-2317. Special conditions. 31 Prior to the conveyance of any lands or easements as specified herein, 32 the New York state police shall conduct a study to ensure that the 33 necessary emergency communications facilities may be properly sited on a 34 modern tower on Lot 166, Benson Tract enabling safe public access to the 35 existing fire tower on Lot 166, Benson Tract. 36 § 9-2319. Sunset provision. 37 The state conveyance authorized by section 9-2309 of this title must 38 be concluded no later than January first, two thousand twenty-eight. 39 § 2. This act shall take effect on the same date as a concurrent 40 resolution entitled "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY 41 proposing an amendment to section 1 of article 14 of the constitution in 42 relation to the exchange of lands in the state forest preserve", takes 43 effect.
