S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  794--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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
 
   Section  1. Resolved (if the Senate concur), That section 1 of article
 14 of the constitution be amended to read as follows:
   Section 1. The lands of the state, now owned  or  hereafter  acquired,
 constituting  the  forest preserve as now fixed by law, shall be forever
 kept as wild forest lands. They shall not be leased, sold or  exchanged,
 or  be taken by any corporation, public or private, nor shall the timber
 thereon be sold, removed or destroyed. Nothing  herein  contained  shall
 prevent  the  state  from  constructing,  completing and maintaining any
 highway heretofore specifically authorized by constitutional  amendment,
 nor  from  constructing and maintaining to federal standards federal aid
 interstate highway route five hundred two from a point in  the  vicinity
 of  the  city  of  Glens  Falls, thence northerly to the vicinity of the
 villages of Lake George and Warrensburg, the hamlets  of  South  Horicon
 and  Pottersville  and  thence northerly in a generally straight line on
 the west side of Schroon Lake to the vicinity of the hamlet of  Schroon,
 then  continuing  northerly  to  the  vicinity of Schroon Falls, Schroon
 River and North Hudson, and to the east of Makomis Mountain, east of the
 hamlet of New Russia, east of the village of Elizabethtown and  continu-
 ing northerly in the vicinity of the hamlet of Towers Forge, and east of
 Poke-O-Moonshine  Mountain  and  continuing northerly to the vicinity of
 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.
                                                            LBD89061-02-2
 A. 794--A                           2
 
 said taking not to exceed a total of three hundred acres of state forest
 preserve land, nor from constructing and maintaining not more than twen-
 ty-five miles of ski trails thirty to two hundred  feet  wide,  together
 with  appurtenances  thereto,  provided  that no more than five miles of
 such trails shall be in excess of one hundred twenty feet wide,  on  the
 north,  east and northwest slopes of Whiteface Mountain in Essex county,
 nor from constructing and maintaining not more than twenty-five miles of
 ski trails thirty to two hundred feet wide, together with  appurtenances
 thereto, provided that no more than two miles of such trails shall be in
 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun-
 tain  in  Ulster  and Delaware counties and not more than forty miles of
 ski trails thirty to two hundred feet wide, together with  appurtenances
 thereto,  provided that no more than eight miles of such trails shall be
 in excess of one hundred twenty feet wide, on the  slopes  of  Gore  and
 Pete Gay mountains in Warren county, nor from relocating, reconstructing
 and  maintaining  a total of not more than fifty miles of existing state
 highways for the purpose of eliminating the hazards of dangerous  curves
 and  grades,  provided  a  total  of  no more than four hundred acres of
 forest preserve land shall be used for such purpose and that  no  single
 relocated  portion  of  any  highway  shall  exceed  one mile in length.
 Notwithstanding the foregoing provisions, the state may  convey  to  the
 village  of  Saranac  Lake ten acres of forest preserve land adjacent to
 the boundaries of such village for public use in  providing  for  refuse
 disposal  and  in  exchange  therefore the village of Saranac Lake shall
 convey to the state thirty acres of certain true forest  land  owned  by
 such  village on Roaring Brook in the northern half of Lot 113, Township
 11, Richards Survey. Notwithstanding the foregoing provisions, the state
 may convey to the town of Arietta twenty-eight acres of forest  preserve
 land  within  such town for public use in providing for the extension of
 the runway and landing strip of  the  Piseco  airport  and  in  exchange
 therefor  the  town of Arietta shall convey to the state thirty acres of
 certain land owned by such town in the town of Arietta.  Notwithstanding
 the  foregoing  provisions  and  subject  to legislative approval of the
 tracts to be exchanged prior to the actual transfer of title, the state,
 in order to consolidate its land holdings  for  better  management,  may
 convey  to International Paper Company approximately eight thousand five
 hundred acres of forest preserve land located in townships two and three
 of Totten and Crossfield Purchase and township nine of the  Moose  River
 Tract,  Hamilton  county,  and in exchange therefore International Paper
 Company shall convey to the state  for  incorporation  into  the  forest
 preserve  approximately  the same number of acres of land located within
 such townships and such County on condition that the  legislature  shall
 determine  that the lands to be received by the state are at least equal
 in value to the lands to be conveyed by the state.  Notwithstanding  the
 foregoing  provisions  and subject to legislative approval of the tracts
 to be exchanged prior to the actual transfer of title and the conditions
 herein set forth, the state, in order to facilitate the preservation  of
 historic buildings listed on the national register of historic places by
 rejoining  an historic grouping of buildings under unitary ownership and
 stewardship, may convey to Sagamore  Institute  Inc.,  a  not-for-profit
 educational  organization, approximately ten acres of land and buildings
 thereon adjoining the real property of the Sagamore Institute, Inc.  and
 located  on  Sagamore  Road,  near Raquette Lake Village, in the Town of
 Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti-
 tute, Inc.  shall convey to the state for incorporation into the  forest
 preserve  approximately  two  hundred  acres of wild forest land located
 A. 794--A                           3
 
 within the Adirondack Park  on  condition  that  the  legislature  shall
 determine  that the lands to be received by the state are at least equal
 in value to the lands and buildings to be conveyed by the state and that
 the  natural  and historic character of the lands and buildings conveyed
 by the state will be secured by appropriate covenants  and  restrictions
 and  that  the lands and buildings conveyed by the state will reasonably
 be available for public visits according to agreement  between  Sagamore
 Institute, Inc.  and the state. Notwithstanding the foregoing provisions
 the  state  may  convey  to  the  town  of Arietta fifty acres of forest
 preserve land within such town for  public  use  in  providing  for  the
 extension  of  the  runway  and  landing strip of the Piseco airport and
 providing for the maintenance of a clear zone around such runway, and in
 exchange therefor, the town of Arietta shall convey to the state  fifty-
 three  acres  of true forest land located in lot 2 township 2 Totten and
 Crossfield's Purchase in the town of Lake Pleasant.
   Notwithstanding the foregoing provisions and  subject  to  legislative
 approval  prior to actual transfer of title, the state may convey to the
 town of Keene, Essex county, for public use as a cemetery owned by  such
 town,  approximately  twelve  acres  of forest preserve land within such
 town and, in exchange therefor, the town of Keene shall  convey  to  the
 state  for  incorporation  into  the  forest  preserve approximately one
 hundred forty-four acres of land, together with an  easement  over  land
 owned  by  such  town  including the riverbed adjacent to the land to be
 conveyed to the state that will restrict  further  development  of  such
 land, on condition that the legislature shall determine that the proper-
 ty to be received by the state is at least equal in value to the land to
 be conveyed by the state.
   Notwithstanding  the  foregoing  provisions and subject to legislative
 approval prior to actual transfer of title, because there is  no  viable
 alternative  to  using  forest preserve lands for the siting of drinking
 water wells and necessary  appurtenances  and  because  such  wells  are
 necessary to meet drinking water quality standards, the state may convey
 to  the  town of Long Lake, Hamilton county, one acre of forest preserve
 land within such town for public use as the site of such drinking  water
 wells and necessary appurtenances for the municipal water supply for the
 hamlet  of  Raquette  Lake.  In exchange therefor, the town of Long Lake
 shall convey to the state at least  twelve  acres  of  land  located  in
 Hamilton  county  for  incorporation  into  the forest preserve that the
 legislature shall determine is at least equal in value to the land to be
 conveyed by the state. The Raquette  Lake  surface  reservoir  shall  be
 abandoned as a drinking water supply source.
   Notwithstanding  the  foregoing  provisions and subject to legislative
 approval prior to actual transfer of title,  the  state  may  convey  to
 National  Grid  up to six acres adjoining State Route 56 in St. Lawrence
 County where it passes through Forest Preserve in Township 5, Lots 1, 2,
 5 and 6 that is necessary and appropriate for National Grid to construct
 a new 46kV power line and in  exchange  therefore  National  Grid  shall
 convey  to the state for incorporation into the forest preserve at least
 10 acres of forest land owned by National Grid in St.  Lawrence  county,
 on  condition  that the legislature shall determine that the property to
 be received by the state is at least equal in value to the land conveyed
 by the state.
   Notwithstanding the foregoing provisions, the legislature may  author-
 ize the settlement, according to terms determined by the legislature, of
 title  disputes in township forty, Totten and Crossfield purchase in the
 town of Long Lake, Hamilton county, to resolve longstanding and  compet-
 A. 794--A                           4

 ing  claims of title between the state and private parties in said town-
 ship, provided that prior to, and as a  condition  of  such  settlement,
 land purchased without the use of state-appropriated funds, and suitable
 for  incorporation  in  the  forest preserve within the Adirondack park,
 shall be conveyed to the state on the  condition  that  the  legislature
 shall  determine  that  the  property  to be conveyed to the state shall
 provide a net benefit to the forest preserve as compared to the township
 forty lands subject to such settlement.
   Notwithstanding the foregoing provisions, the state may authorize NYCO
 Minerals, Inc. to engage in mineral sampling operations, solely  at  its
 expense,  to  determine  the  quantity  and  quality  of wollastonite on
 approximately 200 acres of forest preserve  land  contained  in  lot  8,
 Stowers survey, town of Lewis, Essex county provided that NYCO Minerals,
 Inc.  shall  provide the data and information derived from such drilling
 to the state for appraisal purposes. Subject to legislative approval  of
 the  tracts  to  be exchanged prior to the actual transfer of title, the
 state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in
 exchange therefor, NYCO Minerals, Inc. shall convey  to  the  state  for
 incorporation  into the forest preserve not less than the same number of
 acres of land, on condition that the legislature  shall  determine  that
 the  lands  to be received by the state are equal to or greater than the
 value of the land to be conveyed by the state and on condition that  the
 assessed  value  of the land to be conveyed to the state shall total not
 less than one million dollars. When NYCO Minerals, Inc.  terminates  all
 mining  operations  on such lot 8 it shall remediate the site and convey
 title to such lot back to the state of New York  for  inclusion  in  the
 forest  preserve.  In  the  event  that  lot  8  is not conveyed to NYCO
 Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc.    never-
 theless  shall  convey  to  the  state for incorporation into the forest
 preserve not less than  the  same  number  of  acres  of  land  that  is
 disturbed  by  any mineral sampling   operations conducted on said lot 8
 pursuant to this paragraph  on  condition  that  the  legislature  shall
 determine  that  the  lands  to be received by the state are equal to or
 greater than the value of the lands disturbed by  the  mineral  sampling
 operations.
   Notwithstanding  the  foregoing  provisions and subject to legislative
 approval prior to actual transfer of title, a total of no more than  two
 hundred fifty acres of forest preserve land shall be used for the estab-
 lishment  of  a health and safety land account. Where no viable alterna-
 tive exists and other criteria developed by the legislature  are  satis-
 fied,  a  town,  village  or  county  may  apply,  pursuant to a process
 determined by the legislature, to the health and safety land account for
 projects limited to:  address bridge hazards or safety on  county  high-
 ways, and town highways listed on the local highway inventory maintained
 by  the  department  of  transportation,  dedicated, and in existence on
 January first, two thousand fifteen, and annually plowed  and  regularly
 maintained; elimination of the hazards of dangerous curves and grades on
 county highways, and town highways listed on the local highway inventory
 maintained by the department of transportation, dedicated, and in exist-
 ence  on  January  first,  two thousand fifteen, and annually plowed and
 regularly maintained; relocation and reconstruction and  maintenance  of
 county highways, and town highways listed on the local highway inventory
 maintained by the department of transportation, dedicated, and in exist-
 ence  on  January  first,  two  thousand fifteen and annually plowed and
 regularly maintained, provided further that no single relocated  portion
 of any such highway shall exceed one mile in length; and water wells and
 A. 794--A                           5
 
 necessary  appurtenances  when such wells are necessary to meet drinking
 water quality standards and are located within five hundred thirty  feet
 of  state  highways,  county  highways,  and town highways listed on the
 local  highway inventory maintained by the department of transportation,
 dedicated, and in existence on January first, two thousand fifteen,  and
 annually plowed and regularly maintained. As a condition of the creation
 of  such  health  and  safety  land  account the state shall acquire two
 hundred fifty acres of land for incorporation into the forest  preserve,
 on  condition  that the legislature shall approve such lands to be added
 to the forest preserve.
   NOTWITHSTANDING THE FOREGOING PROVISIONS AND  SUBJECT  TO  LEGISLATIVE
 APPROVAL  PRIOR  TO  ACTUAL  TRANSFER  OF TITLE, THE LAND DEVELOPED AS A
 PRIVATE TUBERCULOSIS HOSPITAL, PRIVATE COLLEGE ANNEX AND A STATE PRISON,
 COMPRISING FORTY-EIGHT STRUCTURES MAY BE CONVEYED BY THE STATE AT PUBLIC
 OR PRIVATE SALE UP TO NINETY-TWO ACRES OF LAND  ALONG  STATE  ROUTE  86,
 PART  OF  LOT  78,  TOWNSHIP 18, GREAT TRACT 1, MACOMB'S PURCHASE IN THE
 TOWN OF BRIGHTON, FRANKLIN COUNTY, UPON THE CONDITION THAT  ANY  REVENUE
 DERIVED  FROM SUCH CONVEYANCE BE PAID INTO AN ACCOUNT OF THE STATE TO BE
 USED ONLY FOR ACQUISITIONS TO THE FOREST PRESERVE.  HELD IN RESERVE, FOR
 THE TOWN OF BRIGHTON IN FRANKLIN COUNTY, WILL BE  WATER  RIGHTS  ON  THE
 ABOVE DESCRIBED PREMISES FOR THE PURPOSE OF CREATING A WATER DISTRICT TO
 SUPPLY  POTABLE  WATER  TO  THE  PEOPLE OF THE TOWN OF BRIGHTON FROM THE
 HAMLET OF GABRIEL'S TO THE AREA KNOWN AS EASY STREET, AS  THIS  AREA  IS
 NEGATIVELY AFFECTED BY STATE APPLIED ROAD SALT IN THEIR WATER WELLS.
   §  2.  Resolved (if the Senate concur), That the foregoing be referred
 to the first  regular  legislative  session  convening  after  the  next
 succeeding general election of members of the assembly, and, in conform-
 ity with section 1 of article 19 of the constitution, be published for 3
 months previous to the time of such election.