NY State Senate Bill 2021-S8809

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 19, 2022	referred to environmental conservation

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2021-S8809 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 9 Title 23 §§9-2301 - 9-2319, En Con L

2021-S8809 (ACTIVE) - Summary

Implements a land exchange and easements in the vicinity of Cathead Mountain authorized pursuant to an amendment to the state constitution.

2021-S8809 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8809

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
implementing a land exchange and easements in the vicinity of Cathead
Mountain

 
PURPOSE:

This bill amends the Environmental Conservation Law (ECL) to implement a
constitutional amendment authorizing a land exchange and easements in
the vicinity of Cathead Mountain to provide for recreational access to
and emergency communications equipment on Cathead Mountain

 
SUMMARY OF PROVISIONS:

Section 1 amends Article 9 of the Environmental Conservation Law by
adding a new Title 23:

ECL § 9-2401 provides the legislative purpose and intent to authorize

recreational access to and emergency communications equipment on Cathead
Motntain.

ECL § 9-2402 authorizes conveyances of fee title and certain easements
to the state and Hamilton County.

ECL § 9-2403 details the restrictions applicable to fee owners who
convey conservation easements to the state.

ECL § 9-2404 details the rights which the state will obtain in the
conservation easements it acquires.

ECL § 9-2405 requires the legislature to approve the conveyance from
Hamilton County to the state.

ECL § 9-2406 requires the Attorney General to approve title of the land
and easements acquired by the state.

ECL § 9-2407 describes certain lands to be conveyed to the state and
certain rights which the state must retain.

ECL § 9-2408 provides the state with a right of first refusal on certain
lands.

ECL § 9-2409 sets forth certain special conditions which must be met
prior to any such conveyance of land or easements as specified in this
article.

ECL § 9-2409 includes a sunset provision.

Section 2. is the enacting clause.

 
JUSTIFICATION:

This bill implements the new constitutional amendment by detailing the
substantive requirements of the land exchange. The benefits of the
constitutional amendment and the implementing legislation can be broken
into two categories: conservation, recreation and rural economies; and
public health and safety.

The southern part of the Adirondack Park is underutilized by the recre-
ating public, in part because few mountaintops in the area provide the
public with the opportunity to enjoy scenic vistas.  Although Cathead
Mountain contains an old fire tower providing an outstanding panoramic
vista of the southern Adirondacks which was once a popular hiking desti-
nation, it is located on private land and has been closed to the public
for nearly 25 years. This amendment would allow the public to once again
enjoy the view from the fire tower by acquiring easements providing
public trails to the tower from two directions: from Grant Lake, located
on Forest Preserve land to the west of Cathead Mountain, into Lot 166,
Benson's Tract owned by the Hatchbrook Sportsmen Club; and from North
Road located to the south of Cathead Mountain through Lot 113, Benson's
Tract, owned by the Thomas Gang, Inc. and into said Lot 166. Providing
the public with access to Cathead Mountain fire tower views would
provide hikers with an outstanding view of the southern Adirondacks
which is otherwise unavailable, and could thereby help to channel hikers
away from the overly utilized High Peaks region of the Park.

To ensure that the scenic and ecological values of the mountaintop are
protected in perpetuity, the State will also acquire for inclusion in
the Forest Preserve a total of 480 acres of land in fee simple on the
mountain (lots 122, 165 and 172, Benson Tract, all owned by the Hatch-
brook Sportsmen Club), and acquire conservation easements restricting
development on 420 acres of private land on the mountain (Lot 166,
Benson Tract owned by the Hatchbrook Sportsmen Club; Lot 166, Benson
Tract and 58 acres of Lot 113, Benson Tract, both owned by the Thomas
Gang, Inc;, and the 42 acres in Lot 120, Benson Tract, to be conveyed by
the state to the Thomas Gang, Inc. as part of this land exchange).

The mountainous nature of the Adirondack Park and the remoteness of
local communities pose significant challenges to ensuring reliable emer-
gency communications systems for municipalities, the State Police, and
the Department of Environmental Conservation. However, Cathead Mountain
is uniquely situated to meet critical public health and safety communi-
cation needs in the southern area of the Park. Currently, communications
equipment owned by the Department of Environmental Conservation and the
State Police are co-located on an old existing Department fire tower on
the summit of the mountain. Lease payments are made by the State to the
Hatchbrook Sportsmen Club for this use. Hamilton County does not
currently have any emergency communications equipment on the mountain,
causing a "dead zone" for County emergency communications which creates
a serious public health and safety concern.

Although motor vehicle access and a consistent and reliable source of
power are essential to ensuring the reliability of emergency communi-
cations equipment, neither are currently available for the equipment on
Cathead Mountain due to both Adirondack Park State Land Master Plan
classification guidelines and Article XIV, Section l's "forever wild"
provisions of the State Constitution. Consequently, unreliable power to
the tower is now provided by unsightly solar panels, a wind turbine and
a generator which clutter up the area around the fire tower, detracting
from its scenic beauty and ecological value. To more fully and reliably
serve the emergency communication needs of the region and reduce the
existing eyesore's footprint on the mountain, the amendment would enable
Hamilton County to erect a new tower at a site on private land on the
mountain just to the north of the current fire tower (lot 166, Benson
Tract), co-locating all emergency communications systems now located on
the fire tower to this new site. The amendment would also allow power to
be provided to the site by an electrical cable that is located either
underground or on the surface of the ground (and not on above-ground
poles), thereby eliminating the need for current on-site unsightly power
sources, and allow motor vehicle access to the site. Under the amend-
ment, both the power line and motorized access to the tower could trav-
erse only private land on easements acquired by the state and Hamilton
County (Lots 113, 167 and 166, Benson Tract), which is not subject to
either Adirondack Park State Land Master Plan guidelines or "forever
wild" provisions in the Constitution. An easement for such purposes
would also be reserved by the state and conveyed to Hamilton County
through that portion of Lot 120 that is granted to the Thomas Gang, Inc.
as part of this land exchange.

Passage of this legislation will enable the State to implement the
constitutional amendment and resolve complex, intertwined issues by
allowing the public to once again hike to the summit of the mountain and
use the fire tower, protect the mountain's scenic and ecological quali-
ties by state acquisition of 580 acres of land for inclusion in the
forest preserve and the acquisition of conservation easements over 420
acres of private land, and allow Hamilton County to provide for public
health and safety by constructing a tower on the summit for emergency
communication purposes, servicing both the state and the county, and
providing motorized access and a stable source of power to the tower in
a manner that is consistent with the summit's scenic beauty.

The mountainous and remote nature of Adirondack Park communities poses
significant challenges to ensuring reliable emergency communications
systems for municipalities, the State Police, and the Department of
Environmental Conservation.Cathead Mountain, located in the Town of
Benson, Hamilton County, is uniquely situated to meet critical public
health and safety communication needs in the southern area of the
Adirondack Park.

The summit of Cathead Mountain, including Lots 122, 165, 166, 167 and
172, is privately owned by Hatchbrook Sportsmen Club, Inc. (HSC). HSC,
which is the successor in title to the Thomas Gang, also owns Lots 113
and 114 to the south of the summit. HSC's land on the summit is an
inholding surrounded by land owned by the People of the State of New
York as Forest Preserve.  Of particular importance to this issue are
Forest Preserve lots 120 and 121, which are located between HSC's land
on the summit and HSC's land to the south of the summit. Thus, in order
to access Lots 122, 165, 166 and 172 from Lots 113 and 114, Forest
Preserve Lots 120 or 121 must be crossed.

Presently, communications equipment owned by both the Department and the
State Police are co-located on an old existing DEC fire tower on Lot 166
at the summit of the mountain. Lease payments are made by the State to
HSC for this use. There is no motorized access to the tower, and power
is supplied by an on-site wind turbine and generator and on-site solar
panels. To more fully and reliably serve the emergency communication
needs of the community, Hamilton County proposes to erect a new tower at
a site just to the north of the current fire tower and co-locate all
existing emergency communications systems on the summit to this new
site. Thus, existing DEC and State Police equipment and the power sourc-
es for the equipment would be relocated off the existing DEC fire tower.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
concurrent resolution of the senate and assembly proposing an amendment
to section 1 of article 14 of the constitution, in relation to Cathead
Mountain takes effect in accordance with section 1 of article 19 of the
constitution.

2021-S8809 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8809
 
                             I N  S E N A T E
 
                              April 19, 2022
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee 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:
 
   Section  1. Article 9 of the environmental conservation law is amended
 by adding a new title 23 to read as follows:
                                 TITLE 23
            RECREATIONAL ACCESS TO AND EMERGENCY COMMUNICATIONS
                       EQUIPMENT ON CATHEAD MOUNTAIN
 SECTION 9-2301. LEGISLATIVE PURPOSE AND INTENT.
         9-2303. CONVEYANCES TO THE STATE AND HAMILTON COUNTY.
         9-2305. DECLARATION OF RESTRICTIONS.
         9-2307. NEW YORK STATE AFFIRMATIVE RIGHTS.
         9-2309. LEGISLATIVE APPROVAL OF CONVEYANCE.
         9-2311. ATTORNEY GENERAL TO APPROVE TITLE.
         9-2313. LAND TO BE CONVEYED BY THE STATE.
         9-2315. RIGHT OF FIRST REFUSAL.
         9-2317. SPECIAL CONDITIONS.
         9-2319. SUNSET PROVISION.
 § 9-2301. LEGISLATIVE PURPOSE AND INTENT.
   1. THE LEGISLATURE HEREBY FINDS  THAT  THE  VOTERS  HAVE  APPROVED  AN
 AMENDMENT  TO  SECTION 1 OF ARTICLE 14 OF THE STATE CONSTITUTION FOR THE
 PURPOSES OF INCREASING THE ACREAGE OF THE FOREST PRESERVE, REOPENING  TO
 THE PUBLIC AN HISTORICALLY SIGNIFICANT AND POPULAR RECREATIONAL DESTINA-
 TION  ON THE SUMMIT OF CATHEAD MOUNTAIN IN THE TOWN OF BENSON, COUNTY OF
 HAMILTON IN THE SOUTHERN ADIRONDACKS, ACQUIRING  CONSERVATION  EASEMENTS
 OVER CERTAIN PRIVATE LAND ON THE SLOPES OF CATHEAD MOUNTAIN, AND PROVID-
 ING  FOR  A TOWER FOR STATE AND HAMILTON COUNTY EMERGENCY COMMUNICATIONS
 EQUIPMENT ON SUCH SUMMIT, INCLUDING MOTORIZED ACCESS TO AND  A  RELIABLE
 SOURCE OF POWER FOR SUCH EQUIPMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15225-01-2

 S. 8809                             2
 
   2.  THE  LEGISLATURE  FURTHER FINDS THAT THE AMENDMENT WILL FACILITATE
 PUBLIC ACCESS TO AND ENJOYMENT OF THE FOREST PRESERVE  IN  THE  SOUTHERN
 PART OF THE ADIRONDACK PARK, AN AREA THAT IS CURRENTLY UNDERUTILIZED FOR
 RECREATION BY THE PUBLIC.
   3.  THE  LEGISLATURE  ALSO  FINDS  THAT  THE MOUNTAINOUS NATURE OF THE
 SOUTHERN ADIRONDACKS AND THE REMOTE NATURE OF SOUTHERN  ADIRONDACK  PARK
 COMMUNITIES  POSES SIGNIFICANT CHALLENGES TO ENSURING RELIABLE EMERGENCY
 COMMUNICATIONS SYSTEMS FOR MUNICIPALITIES, THE  STATE  POLICE,  AND  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AND  THAT CATHEAD MOUNTAIN,
 LOCATED IN THE TOWN OF BENSON, HAMILTON COUNTY, IS UNIQUELY SITUATED  TO
 MEET CRITICAL PUBLIC HEALTH AND SAFETY COMMUNICATION NEEDS IN THE SOUTH-
 ERN AREA OF THE ADIRONDACK PARK.
   4.  THE  LEGISLATURE THEREFORE FINDS THAT A TOWER CONTAINING EMERGENCY
 COMMUNICATIONS EQUIPMENT ON CATHEAD MOUNTAIN IS ESSENTIAL FOR THE PUBLIC
 HEALTH AND SAFETY NEEDS IN THE SOUTHERN AREA OF THE ADIRONDACK PARK.
   5. THE LEGISLATURE FURTHER FINDS  THAT  LEGISLATION  IS  NECESSARY  TO
 SUCCESSFULLY  IMPLEMENT  THE  CONSTITUTIONAL AMENDMENT IN A MANNER WHICH
 PROVIDES SIGNIFICANT ADDITIONAL ACREAGE TO THE FOREST PRESERVE, PROVIDES
 SUBSTANTIAL PUBLIC RECREATIONAL BENEFITS, MEETS EMERGENCY COMMUNICATIONS
 NEEDS, PROTECTS NATURAL RESOURCES  AND  LIMITS  DEVELOPMENT  ON  CERTAIN
 PRIVATELY HELD LANDS.
   6. FOR THESE REASONS, IT IS THE INTENT OF THE LEGISLATURE TO IMPLEMENT
 THE  CONSTITUTIONAL AMENDMENT IN A MANNER WHICH ADDS FIVE HUNDRED EIGHTY
 ACRES TO THE FOREST PRESERVE, CREATES TRAIL EASEMENTS FOR PUBLIC  ACCESS
 TO  AND  RECREATIONAL USE OF A FIRE TOWER ON THE SUMMIT OF CATHEAD MOUN-
 TAIN, ESTABLISHES AN EASEMENT FOR ACCESS TO  AND  THE  CONSTRUCTION  AND
 MAINTENANCE  OF A NEW HAMILTON COUNTY AND STATE EMERGENCY COMMUNICATIONS
 TOWER ON LOT 166,  BENSON  TRACT,  AND  CREATES  CONSERVATION  EASEMENTS
 RESTRICTING  DEVELOPMENT,  SUBDIVISION,  AND FOREST MANAGEMENT OVER FOUR
 HUNDRED THIRTY-FOUR ACRES OF PRIVATE LAND ON CATHEAD MOUNTAIN.
   § 9-2303. CONVEYANCES TO THE STATE AND HAMILTON COUNTY.
   1. HATCHBROOK SPORTSMEN CLUB, INC. MAY CONVEY TO THE STATE  FEE  TITLE
 TO  LOTS  122,  165,  AND  172,  BENSON TRACT, TOWN OF BENSON, COUNTY OF
 HAMILTON, CONTAINING APPROXIMATELY FOUR HUNDRED  EIGHTY  ACRES  OF  TRUE
 FOREST LAND, FOR INCORPORATION INTO THE FOREST PRESERVE.
   2.  HATCHBROOK  SPORTSMEN  CLUB,  INC.  MAY  CONVEY TO THE STATE AND A
 DESIGNATED ACCREDITED LAND TRUST EASEMENTS FOR HIKING TRAILS ACROSS  LOT
 166,  BENSON TRACT FOR ACCESS TO THE FIRE TOWER LOCATED ON THE SUMMIT OF
 CATHEAD MOUNTAIN, PROVIDED THAT SUCH EASEMENT SHALL RESTRICT PUBLIC  USE
 DURING  FIREARM  HUNTING  SEASON FOR PUBLIC SAFETY REASONS, AND PROVIDED
 FURTHER THAT SUCH EASEMENT SHALL INCLUDE LANGUAGE PERTAINING TO TRESPASS
 OR OTHER DAMAGE TO LANDS OWNED BY SUCH CLUB.
   3. HATCHBROOK SPORTSMEN CLUB, INC. MAY  CONVEY  TO  THE  STATE  AND  A
 DESIGNATED  ACCREDITED  LAND  TRUST  A CONSERVATION EASEMENT RESTRICTING
 DEVELOPMENT, SUBDIVISION AND FOREST  MANAGEMENT  OVER  LOT  166,  BENSON
 TRACT  AND  A  RIGHT  OF FIRST REFUSAL OVER SUCH LOT.  SUCH EASEMENT MAY
 RESERVE TO SUCH CLUB THE FOLLOWING RIGHTS:
   A. THE RIGHT TO SUSTAINABLE TIMBER AND FOREST PRODUCT HARVEST;
   B. THE RIGHT TO REPAIR, MAINTAIN, IMPROVE  OR  RELOCATE  ANY  AND  ALL
 EXISTING  ROADS,  TRAILS  AND  PATHS  AND TO CONSTRUCT ANY NEW ROADS AND
 TRAILS NECESSARY TO SUPPORT HABITAT MANAGEMENT ACTIVITIES;
   C. THE RIGHT TO PROVIDE THE NEW YORK  STATE  POLICE  AND  OTHER  STATE
 AGENCIES  WITH  EXCLUSIVE  USE OF THE EXISTING COMMUNICATION TOWER SITE,
 INCLUDING ACCESSORY  STRUCTURES  AND  FACILITIES,  UNLESS  AND  UNTIL  A
 REPLACEMENT TOWER IS CONSTRUCTED AND AVAILABLE FOR USE;
 S. 8809                             3
 
   D.  THE  RIGHT  TO CONSTRUCT, ESTABLISH AND LEASE FOR CONSTRUCTION ONE
 ADDITIONAL COMMUNICATION TOWER ON LOT  166  IF  THE  STATE  OR  A  LOCAL
 GOVERNMENT DETERMINES IT NECESSARY FOR COMMUNICATION PURPOSES TO SUPPORT
 PUBLIC  SAFETY,  INCLUDING  AN  ACCESS  ROAD NECESSARY TO COMPLETE TOWER
 CONSTRUCTION AND FACILITATE ONGOING OPERATION, PROVIDED SUCH TOWER SHALL
 BE  AS  LOW  PROFILE  AS PRACTICABLE. ONCE CONSTRUCTION OF A REPLACEMENT
 TOWER IS COMPLETED AND BECOMES OPERATIONAL, ALL INFRASTRUCTURE  SUPPORT-
 ING  THE  EXISTING  FIRE  TOWER  FOR  PURPOSES OF COMMUNICATIONS WILL BE
 REMOVED BY THE RESPONSIBLE STATE AGENCY WITHIN ONE HUNDRED EIGHTY  DAYS,
 PROVIDED  THAT  THE  NEW  YORK  STATE POLICE OR OTHER STATE AGENCIES MAY
 CONTINUE TO LOCATE WHIP ANTENNAS ON THE  FIRE  TOWER  TO  PROVIDE  LOCAL
 COVERAGE  AS  NECESSARY.  THE INFRASTRUCTURE TO BE REMOVED SHALL INCLUDE
 SOLAR PANELS, A WIND TURBINE AND BACKUP POWER GENERATOR,  UNLESS  DEEMED
 APPROPRIATE  TO  SERVE THE REPLACEMENT TOWER.  ONCE A NEW COMMUNICATIONS
 TOWER IS IN OPERATION, THE FIRE TOWER SHALL BE RESTORED TO ITS  ORIGINAL
 FORM FOR PUBLIC ENJOYMENT OF THE ADIRONDACK PARK IN THE CATHEAD MOUNTAIN
 AREA  PURSUANT  TO  A  RESTORATION  PLAN PRODUCED BY THE DEPARTMENT THAT
 INCLUDES BUDGETS AND TIMELINES. THE DEPARTMENT SHALL PRODUCE  SUCH  PLAN
 WITHIN  TWO  HUNDRED FORTY DAYS OF THE COMPLETED CONSTRUCTION OF THE NEW
 TOWER. THE STATE SHALL HAVE FULL AND UNRESTRICTED ADMINISTRATIVE  ACCESS
 TO  THE  FIRE  TOWER  FOR  ITS RESTORATION, MAINTENANCE AND USE AND SUCH
 RESTORATION, MAINTENANCE AND USE SHALL BE THE SOLE RESPONSIBILITY OF THE
 STATE;
   E. THE RIGHT TO TRANSITION TO THE NEXT GENERATION OF PUBLIC  EMERGENCY
 COMMUNICATION  TECHNOLOGY  WITH  THE ASSISTANCE OF PRIVATE COMMUNICATION
 SERVICE COMPANIES IN THE EVENT PUBLIC SAFETY USE BY THE NEW  YORK  STATE
 POLICE, OTHER STATE AGENCY, OR A LOCAL GOVERNMENT CEASES;
   F.  THE RIGHT TO INSTALL, REPAIR, MAINTAIN, IMPROVE OR RELOCATE UTILI-
 TIES TO SERVICE THE ABOVE TOWERS. UTILITIES LOCATED ON LOT 166  MUST  BE
 LOCATED  ON  THE SURFACE OF OR UNDER THE GROUND AND SHALL NOT BE LOCATED
 ON ABOVE GROUND POLES.
   4. HATCHBROOK SPORTSMEN CLUB, INC. MAY CONVEY TO THE STATE AND  HAMIL-
 TON  COUNTY A RIGHT OF WAY OVER LOT 166, BENSON TRACT FOR A UTILITY LINE
 TO BRING POWER TO SUCH TOWER AND EQUIPMENT AND A ROAD TO PROVIDE  MOTOR-
 IZED ACCESS TO SUCH TOWER AND EQUIPMENT.
   5.  THOMAS GANG, INC. MAY CONVEY TO THE STATE AND A DESIGNATED ACCRED-
 ITED LAND TRUST AN EASEMENT FOR A HIKING TRAIL ACROSS  LOT  113,  BENSON
 TRACT  TO  PROVIDE PUBLIC ACCESS TO THE FIRE TOWER LOCATED ON THE SUMMIT
 OF CATHEAD MOUNTAIN, PROVIDED THAT SUCH EASEMENT SHALL  RESTRICT  PUBLIC
 USE  DURING  FIREARM  HUNTING  SEASON  FOR  PUBLIC  SAFETY, AND PROVIDED
 FURTHER THAT SUCH EASEMENT SHALL INCLUDE LANGUAGE PERTAINING TO TRESPASS
 OR OTHER DAMAGE TO LANDS OWNED BY SUCH CLUB.
   6. THOMAS GANG, INC. MAY CONVEY TO THE STATE AND A DESIGNATED  ACCRED-
 ITED  LAND TRUST A CONSERVATION EASEMENT RESTRICTING DEVELOPMENT, SUBDI-
 VISION AND FOREST MANAGEMENT OVER LOT 167, BENSON TRACT AND A  RIGHT  OF
 FIRST  REFUSAL  OVER SUCH TRACT, AND A CONSERVATION EASEMENT RESTRICTING
 SUBDIVISION ON  FIFTY-EIGHT  ACRES  OF  LOT  113  AND  REQUIRING  A  ONE
 HUNDRED-FOOT  VEGETATIVE  BUFFER  AROUND THE TRAIL EASEMENT DESCRIBED IN
 SUBDIVISION FIVE OF THIS SECTION. SUCH EASEMENTS  MAY  RESERVE  TO  SUCH
 CLUB THE FOLLOWING RIGHTS:
   A. THE RIGHT TO SUSTAINABLE TIMBER AND FOREST PRODUCT HARVEST;
   B. THE RIGHT TO MAINTAIN ANY EXISTING CAMP STRUCTURES AND BUILDINGS;
   C.  THE  RIGHT  TO  ESTABLISH NO MORE THAN ONE NEW HUNTING CAMP ON LOT
 167, BENSON TRACT, IN ACCORDANCE WITH  REGULATIONS  PROMULGATED  BY  THE
 ADIRONDACK PARK AGENCY;
 S. 8809                             4

   D.  THE  RIGHT  TO OCCUPY, USE, MAINTAIN, REPAIR, IMPROVE, DEMOLISH OR
 REPLACE EXISTING CAMP STRUCTURES AND OUTBUILDINGS;
   E.  THE  RIGHT  TO  REPAIR,  MAINTAIN, IMPROVE OR RELOCATE ANY AND ALL
 EXISTING ROADS, TRAILS AND PATHS AND TO  CONSTRUCT  ANY  NEW  ROADS  AND
 TRAILS NECESSARY TO SUPPORT HABITAT MANAGEMENT ACTIVITIES;
   F.  THE RIGHT TO INSTALL, REPAIR, MAINTAIN, IMPROVE OR RELOCATE UTILI-
 TIES TO SERVICE THE ABOVE CAMPS, AND/OR TOWERS;
   G. THE RIGHT TO CONDUCT HABITAT MANAGEMENT ACTIVITIES,  INCLUDING  BUT
 NOT LIMITED TO FOOD PLOT PLANTING.
   7.  THOMAS GANG, INC. MAY CONVEY TO THE STATE AND THE COUNTY OF HAMIL-
 TON A RIGHT OF WAY OVER LOTS 113 AND 167, BENSON TRACT,  FOR  A  UTILITY
 LINE  TO BRING POWER TO THE TOWER AND EQUIPMENT DESCRIBED IN SUBDIVISION
 FOUR OF THIS SECTION AND FOR A ROAD FOR  MOTOR  VEHICLE  ACCESS  TO  THE
 TOWER  AND EMERGENCY COMMUNICATIONS EQUIPMENT LOCATED ON LOT 166 OF SUCH
 TRACT.
   8. THE COUNTY OF HAMILTON MAY CONVEY TO THE  STATE  FOR  INCORPORATION
 INTO  THE  FOREST PRESERVE A TOTAL OF NOT LESS THAN ONE HUNDRED ACRES OF
 LAND SUITABLE FOR ADDITION TO THE FOREST PRESERVE, SUBJECT  TO  LEGISLA-
 TIVE APPROVAL.
 § 9-2305. DECLARATION OF RESTRICTIONS.
   EXCEPT  TO  THE  EXTENT EXPRESSLY PROVIDED BY THE HATCHBROOK SPORTSMEN
 CLUB, INC.  RESERVED RIGHTS UNDER SUBDIVISION THREE OF SECTION 9-2303 OF
 THIS TITLE, AND EXPRESSLY PROVIDED BY THE  THOMAS  GANG,  INC.  RESERVED
 RIGHTS  UNDER  SUBDIVISION  SIX  OF  SECTION  9-2303  OF THIS TITLE, THE
 FOLLOWING  ACTIVITIES  WILL  BE  PROHIBITED  ON  CONSERVATION  EASEMENTS
 CONVEYED  BY  THE  CLUBS  TO  THE STATE AND A DESIGNATED ACCREDITED LAND
 TRUST:
   1. NO RESIDENTIAL, COMMERCIAL AGRICULTURAL  OR  INDUSTRIAL  ACTIVITIES
 SHALL BE ALLOWED.
   2.  NO  TIMBER HARVESTING EQUIPMENT SHALL BE USED WITHIN FIFTY FEET OF
 BEAVER POND UNLESS NECESSITATED BY A  WIND  STORM,  INSECT  OR  DISEASE,
 EPIDEMIC,  FIRE,  ICE  STORM  OR  OTHER ACT OF GOD. ANY SELECTIVE TIMBER
 HARVEST WITHIN THIS AREA MUST MAINTAIN AT LEAST SEVENTY-FIVE PERCENT  OF
 THE PRE-HARVEST BASAL AREA.
   3.  NO  PESTICIDES,  INSECTICIDES, RODENTICIDES OR HERBICIDES SHALL BE
 ALLOWED EXCEPT AS PROVIDED FOR IN THE  PERFORMANCE  OF  APPROVED  FOREST
 MANAGEMENT ACTIVITIES OR BY STATE GOVERNMENTAL AGENCIES.
   4. NO NEW BUILDINGS, RESIDENCES OR MOBILE HOMES SHALL BE ALLOWED.
   5.  NO  MINING SHALL BE CONDUCTED, AND NO MINERALS, GAS OR OIL WILL BE
 EXTRACTED  EXCEPT  THE  ONSITE  USE  OF  GRAVEL  AND   SAND   FOR   ROAD
 CONSTRUCTION.
 § 9-2307. NEW YORK STATE AFFIRMATIVE RIGHTS.
   THE STATE OF NEW YORK SHALL HAVE THE FOLLOWING AFFIRMATIVE RIGHTS:
   1.  THE  RIGHT ON LOT 166 TO CONSTRUCT, USE, REPAIR, MAINTAIN, REPLACE
 AND IMPROVE THE EXISTING FIRE TOWER, INCLUDING  CONSTRUCTION  OF  A  NEW
 COMMUNICATION TOWER, RANGER CABIN, UTILITIES AND A NEW ROAD TO THE EMER-
 GENCY COMMUNICATIONS TOWER.
   2.  THE  RIGHT  TO  CONSTRUCT, USE, REPAIR AND MAINTAIN A PUBLIC TRAIL
 FROM GRANT LAKE THROUGH LOT 166, BENSON TRACT, TO  THE  FIRE  TOWER  AND
 SUMMIT OF CATHEAD MOUNTAIN.
   3.  THE  RIGHT  TO  CONSTRUCT, USE, REPAIR AND MAINTAIN A PUBLIC TRAIL
 THROUGH LOTS 113 AND 166, BENSON TRACT, TO THE FIRE TOWER AND SUMMIT  OF
 CATHEAD MOUNTAIN.
   4.  A  RIGHT  OF FIRST REFUSAL, CO-HELD BY THE STATE OF NEW YORK AND A
 DESIGNATED ACCREDITED LAND TRUST, SHOULD THE HATCHBROOK SPORTSMEN  CLUB,
 INC. OR THOMAS GANG, INC.  DECIDE TO SELL ANY OR ALL OF LOTS 166 OR 167,
 S. 8809                             5
 
 BENSON  TRACT,  OR  ANY  OF THE FORTY-SIX ACRES IN LOT 120 OF SUCH TRACT
 WHICH THE STATE MAY CONVEY TO THE THOMAS GANG, INC.  PURSUANT TO SECTION
 9-2313 OF THIS TITLE.
 § 9-2309. LEGISLATIVE APPROVAL OF CONVEYANCE.
   THE LEGISLATURE SHALL APPROVE THE CONVEYANCE BY THE COUNTY OF HAMILTON
 AUTHORIZED  IN  SUBDIVISION  EIGHT  OF  SECTION  9-2303 OF THIS TITLE TO
 ENSURE SUCH LAND CONSTITUTES A SUITABLE ADDITION TO THE FOREST PRESERVE.
 § 9-2311. ATTORNEY GENERAL TO APPROVE TITLE.
   TITLE TO LAND AND EASEMENTS TO BE CONVEYED TO THE  STATE  PURSUANT  TO
 SECTION  9-2303  OF  THIS  TITLE  AND  THE  DEEDS  TO THE STATE SHALL BE
 APPROVED BY THE ATTORNEY GENERAL, AS TO FORM AND MANNER OF EXECUTION AND
 RECORDABILITY, BEFORE THE DEEDS SHALL  BE  ACCEPTED  ON  BEHALF  OF  THE
 STATE.
 § 9-2313. LAND TO BE CONVEYED BY THE STATE.
   PROVIDED  ALL  PARCELS  AND  PROPERTY  INTERESTS  AS  PROVIDED  FOR IN
 SECTIONS 9-2303 OF THIS TITLE HAVE  BEEN  CONVEYED  TO  THE  STATE,  THE
 STATE, THROUGH THE OFFICE OF GENERAL SERVICES, SHALL CONVEY FEE TITLE TO
 FORTY-SIX  ACRES OF LOT 120, BENSON TRACT TO THOMAS GANG, INC., PROVIDED
 THAT THE STATE SHALL RESERVE FROM SUCH CONVEYANCE AN EASEMENT FOR UTILI-
 TIES AND ADMINISTRATIVE MOTOR VEHICLE ACCESS AND A CONSERVATION EASEMENT
 RESTRICTING DEVELOPMENT, SUBDIVISION AND FOREST MANAGEMENT AND  A  RIGHT
 OF FIRST REFUSAL, AND PROVIDED FURTHER THAT ANY UTILITIES LOCATED ON LOT
 120  MUST  BE  LOCATED  ON THE SURFACE OF OR UNDER THE GROUND AND NOT ON
 ABOVE GROUND POLES.
 § 9-2315. RIGHT OF FIRST REFUSAL.
   THE STATE SHALL HAVE A RIGHT OF FIRST REFUSAL OVER  LOT  166  AND  LOT
 167, BENSON TRACT, AND OVER THE FORTY-SIX ACRES IN LOT 120 OF SUCH TRACT
 WHICH  THE STATE MAY CONVEY TO THE THOMAS GANG, INC. PURSUANT TO SECTION
 9-2313 OF THIS TITLE.
 § 9-2317. SPECIAL CONDITIONS.
   PRIOR TO THE CONVEYANCE OF ANY LANDS OR EASEMENTS AS SPECIFIED HEREIN,
 THE NEW YORK STATE POLICE SHALL CONDUCT  A  STUDY  TO  ENSURE  THAT  THE
 NECESSARY EMERGENCY COMMUNICATIONS FACILITIES MAY BE PROPERLY SITED ON A
 MODERN TOWER ON LOT 166, BENSON TRACT ENABLING SAFE PUBLIC ACCESS TO THE
 EXISTING FIRE TOWER ON LOT 166, BENSON TRACT.
 § 9-2319. SUNSET PROVISION.
   THE  STATE  CONVEYANCE AUTHORIZED BY SECTION 9-2309 OF THIS TITLE MUST
 BE CONCLUDED NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT.
   § 2. This act shall take effect on  the  same  date  as  a  concurrent
 resolution  entitled  "CONCURRENT  RESOLUTION OF THE SENATE AND ASSEMBLY
 proposing an amendment to section 1 of article 14 of the constitution in
 relation to the exchange of lands in the state forest  preserve",  takes
 effect.

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Senate Bill S8809

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2021-S8809 (ACTIVE) - Details

2021-S8809 (ACTIVE) - Summary

2021-S8809 (ACTIVE) - Sponsor Memo

2021-S8809 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8809

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Sponsored By

John E. Brooks

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Daniel G. Stec

2021-S8809 (ACTIVE) - Details

2021-S8809 (ACTIVE) - Summary

2021-S8809 (ACTIVE) - Sponsor Memo

2021-S8809 (ACTIVE) - Bill Text download pdf

Comments