S T A T E   O F   N E W   Y O R K
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                                  5333--A
     Cal. No. 575
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced by Sens. STEC, BRESLIN -- read twice and ordered printed, and
   when  printed  to be committed to the Committee on Judiciary -- recom-
   mitted to the Committee on Judiciary in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee, ordered to first and
   second report, ordered to a third reading, passed by Senate and deliv-
   ered to the Assembly, recalled, vote reconsidered, restored  to  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
             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 Assembly concur), That section 1 of  arti-
 cle 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89061-03-2
 S. 5333--A                          2
 
 the village of Keeseville and the city of Plattsburgh, all of the afore-
 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
 S. 5333--A                          3
 
 preserve approximately two hundred acres of  wild  forest  land  located
 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
 S. 5333--A                          4

 town of Long Lake, Hamilton county, to resolve longstanding and  compet-
 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
 S. 5333--A                          5
 
 of any such highway shall exceed one mile in length; and water wells and
 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 Assembly 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.