NY State Senate Bill 2021-S7868B

Senate Bill S7868B

2021-2022 Legislative Session

Amends the constitution to convey land to Debar Pond Institute Inc. in order to facilitate the preservation of historic buildings

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Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2022	print number 7868c
Jun 02, 2022	amend (t) and recommit to judiciary
May 31, 2022	amend by restoring to original print 7868
Apr 19, 2022	amend and recommit to judiciary
Mar 01, 2022	opinion referred to judiciary
Jan 28, 2022	to attorney-general for opinion
Jan 14, 2022	referred to judiciary
Apr 20, 2022	print number 7868b
Apr 20, 2022	amend and recommit to judiciary
Apr 19, 2022	print number 7868a

Bill Amendments

Original

C (Active)

co-Sponsors

2021-S7868 - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 14 §1, Constn
Versions Introduced in 2023-2024 Legislative Session:: S3030

2021-S7868 - Summary

Amends the constitution to convey land to Debar Pond Institute, Inc. in order to facilitate the preservation of historic buildings.

2021-S7868 - Sponsor Memo

                                 
BILL NUMBER: S7868

SPONSOR: STEC
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 1 of article 14 of the Constitution, in relation to conveying
land to Debar Pond Institute in order to facilitate the preservation of
historic buildings

 
PURPOSE:

Amends the constitution to convey land to Debar Pond Institute in order
to facilitate the preservation of historic buildings.

 
SUMMARY OF PROVISIONS:

Proposing an amendment to section 1 of article 14 of the Constitution,
in relation to conveying land to Debar Pond Institute in order to facil-
itate the preservation of historic buildings.

JUSTIFICATION:

The Debar Lodge was built in 1940s as a private residence and was
designed by architect William Distin, who is most famous for designing
the Whiteface Inn and the 1932 Olympic Arena in Lake Placid The State
took ownership of the Debar Lodge in 2004, and the buildings have not
been utilized since then. The Adirondack Park Agency and Department of
Environmental Conservation proposed tearing down the lodge and replacing
it with a Debar Lodge Day Use Area.

To preserve this historic landmark that is part of the National Register
of Historic Places, the Debar Pond Institute will exchange 400 acres of
land adjacent to Debar Pond for the 6 acres that include the Debar Pond
Lodge through a constitutional amendment due to article 14 of the state
constitution. This amendment to article 14 of the state constitution
will convey the land to the Debar. Lodge Institute, who will own and
manage the lodge and property with plans to provide public programming
and educational opportunities there.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The foregoing amendment be referred to the first regular legislative
session convening after the next succeeding general election of members
of the assembly

2021-S7868 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7868
 
                             I N  S E N A T E
 
                             January 14, 2022
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 1 of article 14 of  the  Constitution,
   in  relation  to  conveying  land  to Debar Pond Institute in order to
   facilitate the preservation of historic buildings

   Section 1. Resolved (if the Assembly concur), That section 1 of  arti-
 cle 14 of the constitution be amended 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89104-04-2
 S. 7868                             2
 
 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
 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
 S. 7868                             3
 
 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-
 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.
 S. 7868                             4
 
   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
 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,
 S. 7868                             5
 
 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 OF THE TRACTS TO BE EXCHANGED PRIOR TO THE ACTUAL  TRANSFER  OF
 TITLE AND THE CONDITIONS HEREIN SET FORTH, THE STATE, IN ORDER TO FACIL-
 ITATE  THE  PRESERVATION  OF  HISTORIC  BUILDINGS LISTED ON THE NATIONAL
 REGISTER OF HISTORIC PLACES MAY CONVEY TO DEBAR POND INSTITUTE,  A  NOT-
 FOR-PROFIT  EDUCATIONAL  ORGANIZATION,  APPROXIMATELY  SIX ACRES OF LAND
 INCLUDING DEBAR POND LODGE  AND  ASSOCIATED  BUILDINGS  WITH  RIGHTS  TO
 INGRESS,  EGRESS  AND NECESSARY UTILITIES LOCATED ON DEBAR PARK ROAD, IN
 THE TOWN OF DUANE, COUNTY OF FRANKLIN, AND IN EXCHANGE  THEREFOR;  DEBAR
 POND  INSTITUTE,  INC.  SHALL CONVEY TO THE STATE FOR INCORPORATION INTO
 THE FOREST PRESERVE NOT LESS THAN FOUR HUNDRED  ACRES  OF  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 USE AND VISITS.
   § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
 be referred to the first regular legislative session convening after the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.

co-Sponsors

2021-S7868A - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 14 §1, Constn
Versions Introduced in 2023-2024 Legislative Session:: S3030

2021-S7868A - Summary

Amends the constitution to convey land to Debar Pond Institute, Inc. in order to facilitate the preservation of historic buildings.

2021-S7868A - Sponsor Memo

                                 
BILL NUMBER: S7868A

SPONSOR: STEC
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 1 of article 14 of the Constitution, in relation to conveying
land to Debar Pond Institute in order to facilitate the preservation of
historic buildings

 
PURPOSE:

Amends the constitution to convey land to Debar Pond Institute in order
to facilitate the preservation of historic buildings.

 
SUMMARY OF PROVISIONS:

Proposing an amendment to section 1 of article 14 of the Constitution,
in relation to conveying land to Debar Pond Institute in order to facil-
itate the preservation of historic buildings.

JUSTIFICATION:

The Debar Lodge was built in 1940s as a private residence and was
designed by architect William Distin, who is most famous for designing
the Whiteface Inn and the 1932 Olympic Arena in Lake Placid The State
took ownership of the Debar Lodge in 2004, and the buildings have not
been utilized since then. The Adirondack Park Agency and Department of
Environmental Conservation proposed tearing down the lodge and replacing
it with a Debar Lodge Day Use Area.  To preserve this historic landmark
that is part of the National Register of Historic Places, the Debar Pond
Institute will exchange 400 acres of land adjacent to Debar Pond for the
6 acres that include the Debar Pond Lodge through a constitutional
amendment due to article 14 of the state constitution. This amendment to
article 14 of the state constitution will convey the land to the Debar.
Lodge Institute, who will own and manage the lodge and property with
plans to provide public programming and educational opportunities there.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The foregoing amendment be referred to the first regular legislative
session convening after the next succeeding general election of members
of the assembly

2021-S7868A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7868--A
 
                             I N  S E N A T E
 
                             January 14, 2022
                                ___________
 
 Introduced  by  Sens.  STEC,  BORRELLO, KAMINSKY, ORTT -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Judiciary  -- 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  conveying  land  to Debar Pond Institute in order to
   facilitate the preservation of historic buildings
 
   Section 1. Resolved (if the Assembly concur), That section 1 of  arti-
 cle 14 of the constitution be amended 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-
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89104-05-2
 S. 7868--A                          2
 
 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
 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
 S. 7868--A                          3
 
 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-
 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
 S. 7868--A                          4
 
 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
 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
 S. 7868--A                          5
 
 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 OF THE TRACTS TO BE EXCHANGED PRIOR TO THE ACTUAL  TRANSFER  OF
 TITLE AND THE CONDITIONS HEREIN SET FORTH, THE STATE, IN ORDER TO FACIL-
 ITATE  THE  PRESERVATION  OF  HISTORIC  BUILDINGS LISTED ON THE NATIONAL
 REGISTER OF HISTORIC PLACES MAY CONVEY TO DEBAR POND INSTITUTE, INC.,  A
 NOT-FOR-PROFIT  CORPORATION,  APPROXIMATELY  SIX ACRES OF LAND INCLUDING
 DEBAR POND LODGE AND ASSOCIATED BUILDINGS WITH  RIGHTS  OF  INGRESS  AND
 EGRESS  ON  AND THE RIGHT TO USE, MAINTAIN, AND IMPROVE FOR SAFE PASSAGE
 THE ROAD FROM COUNTY ROUTE 26 TO DEBAR POND LODGE, THE RIGHT TO USE  AND
 MAINTAIN  THE  EXISTING  UTILITY  LINE, AND THE RIGHT TO DRAW WATER FROM
 DEBAR POND FOR THE PURPOSES OF WATER SUPPLY AND FIRE SUPPRESSION, IN THE
 TOWN OF DUANE, COUNTY OF FRANKLIN, AND IN EXCHANGE THEREFOR; DEBAR  POND
 INSTITUTE,  INC.  SHALL  CONVEY  TO THE STATE FOR INCORPORATION INTO THE
 FOREST PRESERVE NOT LESS THAN FOUR HUNDRED ACRES OF 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, THAT THE LANDS
 AND BUILDINGS CONVEYED BY THE STATE WILL  BE  REASONABLY  AVAILABLE  FOR
 PUBLIC  USE  AND  VISITS, AND THAT THE NATURAL AND HISTORIC CHARACTER OF
 THE LANDS AND BUILDINGS CONVEYED BY THE  STATE  WILL  BE  SECURED  BY  A
 LAWFUL CONSERVATION EASEMENT HELD BY THE STATE OF NEW YORK.
   §  2.  Resolved (if the Assembly concur), That the foregoing amendment
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.

co-Sponsors

2021-S7868B - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 14 §1, Constn
Versions Introduced in 2023-2024 Legislative Session:: S3030

2021-S7868B - Summary

Amends the constitution to convey land to Debar Pond Institute, Inc. in order to facilitate the preservation of historic buildings.

2021-S7868B - Sponsor Memo

                                 
BILL NUMBER: S7868B

SPONSOR: STEC
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 1 of article 14 of the Constitution, in relation to conveying
land to Debar Pond Institute in order to facilitate the preservation of
historic buildings

 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 1 of article 14 of the Constitution, in relation to conveying
land to Debar Pond Institute in order to facilitate the preservation of
historic buildings

 
PURPOSE:

Amends the constitution to convey land to Debar Pond Institute in order
to facilitate the preservation of historic buildings.

 
SUMMARY OF PROVISIONS:

Proposing an amendment to section 1 of article 14 of the Constitution,
in relation to conveying land to Debar Pond Institute in order to facil-
itate the preservation of historic buildings.

 
JUSTIFICATION:

The Debar Lodge was built in 1940s as a private residence and was
designed by architect William Distin, who is most famous for designing
the Whiteface Inn and the 1932 Olympic Arena in Lake Placid The State
took ownership of the Debar Lodge in 2004, and the buildings have not
been utilized since then. The Adirondack Park Agency and Department of
Environmental Conservation proposed tearing down the lodge and replacing
it with a Debar Lodge Day Use Area.

To preserve this historic landmark that is part of the National Register
of Historic Places, the Debar Pond Institute will exchange 400 acres of
land adjacent to Debar Pond for the 6 acres that include the Debar Pond
Lodge through a constitutional amendment due to article 14 of the state
constitution. This amendment to article 14 of the state constitution
will convey the land to the Debar. Lodge Institute, who will own and
manage the lodge and property with plans to provide public programming
and educational opportunities there.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The foregoing amendment be referred to the first regular legislative
session convening after the next succeeding general election of members
of the assembly

2021-S7868B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7868--B
 
                             I N  S E N A T E
 
                             January 14, 2022
                                ___________
 
 Introduced  by  Sens.  STEC,  BORRELLO, KAMINSKY, ORTT -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Judiciary  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  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  conveying  land  to Debar Pond Institute in order to
   facilitate the preservation of historic buildings
 
   Section 1. Resolved (if the Assembly concur), That section 1 of  arti-
 cle 14 of the constitution be amended 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89104-07-2
 S. 7868--B                          2
 
 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
 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
 S. 7868--B                          3
 
 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-
 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,
 S. 7868--B                          4
 
 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
 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,
 S. 7868--B                          5
 
 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 OF THE TRACTS TO BE EXCHANGED PRIOR TO THE ACTUAL  TRANSFER  OF
 TITLE AND THE CONDITIONS HEREIN SET FORTH, THE STATE, IN ORDER TO FACIL-
 ITATE  THE  PRESERVATION  OF  HISTORIC  BUILDINGS LISTED ON THE NATIONAL
 REGISTER OF HISTORIC PLACES MAY CONVEY TO DEBAR POND INSTITUTE, INC.,  A
 NOT-FOR-PROFIT  CORPORATION,  APPROXIMATELY  SIX ACRES OF LAND INCLUDING
 DEBAR POND LODGE AND ASSOCIATED BUILDINGS WITH  RIGHTS  OF  INGRESS  AND
 EGRESS  ON  AND THE RIGHT TO USE, MAINTAIN, AND IMPROVE FOR SAFE PASSAGE
 THE ROAD FROM COUNTY ROUTE 26 TO DEBAR POND LODGE, THE RIGHT TO USE  AND
 MAINTAIN  THE  EXISTING  UTILITY LINES AND POLES, THE RIGHT TO CO-LOCATE
 FUTURE UTILITIES ALONG THE UTILITY LINE, AND THE  RIGHT  TO  DRAW  WATER
 FROM  DEBAR  POND FOR THE PURPOSES OF WATER SUPPLY AND FIRE SUPPRESSION,
 IN THE TOWN OF DUANE, COUNTY OF  FRANKLIN,  AND  IN  EXCHANGE  THEREFOR;
 DEBAR  POND  INSTITUTE, INC. SHALL CONVEY TO THE STATE FOR INCORPORATION
 INTO THE FOREST PRESERVE NOT  LESS  THAN  FOUR  HUNDRED  ACRES  OF  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,
 THAT THE LANDS AND BUILDINGS CONVEYED BY THE STATE  WILL  BE  REASONABLY
 AVAILABLE  FOR  PUBLIC USE AND VISITS, AND THAT THE NATURAL AND HISTORIC
 CHARACTER OF THE LANDS AND BUILDINGS  CONVEYED  BY  THE  STATE  WILL  BE
 SECURED BY A LAWFUL CONSERVATION EASEMENT HELD BY THE STATE OF NEW YORK.
   §  2.  Resolved (if the Assembly concur), That the foregoing amendment
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.

co-Sponsors

2021-S7868C (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 14 §1, Constn
Versions Introduced in 2023-2024 Legislative Session:: S3030

2021-S7868C (ACTIVE) - Summary

Amends the constitution to convey land to Debar Pond Institute, Inc. in order to facilitate the preservation of historic buildings.

2021-S7868C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7868C

SPONSOR: STEC
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 1 of article 14 of the Constitution, in relation to conveying
land to Debar Pond Institute Inc.  in order to facilitate the preserva-
tion of historic buildings

 
PURPOSE:

Amends the constitution to convey land to Debar Pond Institute in order
to facilitate the preservation of historic buildings.

 
SUMMARY OF PROVISIONS:

Proposing an amendment to section 1 of article 14 of the Constitution,
in relation to conveying land to Debar Pond Institute in order to facil-
itate the preservation of historic buildings.

JUSTIFICATION:

The Debar Lodge was built in 1940s as a private residence and was
designed by architect William Distin, who is most famous for designing
the Whiteface Inn and the 1932 Olympic Arena in Lake Placid The State
took ownership of the Debar Lodge in 2004, and the buildings have not
been utilized since then. The Adirondack Park Agency and Department of
Environmental Conservation proposed tearing down the lodge and replacing
it with a Debar Lodge Day Use Area.

To preserve this historic landmark that is part of the National Register
of Historic Places, the Debar Pond Institute will exchange 400 acres of
land adjacent to Debar Pond for the 6 acres that include the Debar Pond
Lodge through a constitutional amendment due to article 14 of the state
constitution. This amendment to article 14 of the state constitution
will convey the land to the Debar. Lodge Institute, who will own and
manage the lodge and property with plans to provide public programming
and educational opportunities there.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The foregoing amendment be referred to the first regular legislative
session convening after the next succeeding general election of members
of the assembly

2021-S7868C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7868--C
 
                             I N  S E N A T E
 
                             January 14, 2022
                                ___________
 
 Introduced  by  Sens.  STEC,  BORRELLO, KAMINSKY, ORTT -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Judiciary  -- 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 conveying land to Debar Pond Institute Inc.  in order
   to facilitate the preservation of historic buildings
 
   Section 1. Resolved (if the Assembly concur), That section 1 of  arti-
 cle 14 of the constitution be amended 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-
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89104-12-2
 S. 7868--C                          2
 
 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
 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
 S. 7868--C                          3
 
 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-
 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
 S. 7868--C                          4
 
 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
 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
 S. 7868--C                          5
 
 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 OF THE TRACTS TO BE EXCHANGED PRIOR TO THE ACTUAL  TRANSFER  OF
 TITLE AND THE CONDITIONS HEREIN SET FORTH, THE STATE, IN ORDER TO FACIL-
 ITATE  THE  PRESERVATION  OF  HISTORIC  BUILDINGS LISTED ON THE NATIONAL
 REGISTER OF HISTORIC PLACES MAY CONVEY TO DEBAR POND INSTITUTE, INC.,  A
 NOT-FOR-PROFIT  CORPORATION,  APPROXIMATELY  SIX ACRES OF LAND INCLUDING
 DEBAR POND LODGE AND  ASSOCIATED  BUILDINGS,  PROVIDING  FOR    INGRESS,
 EGRESS,  MAINTENANCE  AND  IMPROVEMENT  FOR SAFE PASSAGE ON THE EXISTING
 ROAD FROM COUNTY ROUTE 26 TO DEBAR POND LODGE; USE  AND  MAINTENANCE  OF
 EXISTING  UTILITY  LINES  AND  POLES AND CO-LOCATION OF FUTURE UTILITIES
 ALONG SUCH  LINES  AND  POLES;  AND  WATER  FROM  DEBAR  POND  FOR  FIRE
 SUPPRESSION,  IN  THE TOWN OF DUANE, COUNTY OF FRANKLIN, AND IN EXCHANGE
 THEREFOR; DEBAR POND INSTITUTE, INC.  SHALL  CONVEY  TO  THE  STATE  FOR
 INCORPORATION  INTO THE FOREST PRESERVE NOT LESS THAN FOUR HUNDRED ACRES
 OF LAND LOCATED WITHIN THE ADIRONDACK PARK ON CONDITION THAT THE  LEGIS-
 LATURE SHALL DETERMINE THAT THE LANDS TO BE RECEIVED BY THE STATE ARE AT
 LEAST  EQUAL  IN VALUE TO THE LANDS AND BUILDINGS CONVEYED BY THE STATE,
 THAT THE LANDS AND BUILDINGS CONVEYED BY THE STATE WILL  BE   REASONABLY
 AVAILABLE  FOR  PUBLIC USE AND VISITS, AND THAT THE NATURAL AND HISTORIC
 CHARACTER OF THE LANDS AND BUILDINGS  CONVEYED  BY  THE  STATE  WILL  BE
 SECURED BY A CONSERVATION EASEMENT HELD BY THE STATE.
   §  2.  Resolved (if the Assembly concur), That the foregoing amendment
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.

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Senate Bill S7868B

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