S T A T E O F N E W Y O R K
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5540
2023-2024 Regular Sessions
I N S E N A T E
March 7, 2023
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Introduced by Sens. HARCKHAM, 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 the Mount Van Hoevenberg Olympic Sports Complex in
Essex County
Section 1. Resolved (if the Assembly concur), That section 1 of arti-
cle 14 of the constitution be amended to read as follows:
Section 1. The lands of the state, now owned or hereafter acquired,
constituting the forest preserve as now fixed by law, shall be forever
kept as wild forest lands. They shall not be leased, sold or exchanged,
or be taken by any corporation, public or private, nor shall the timber
thereon be sold, removed or destroyed. Nothing herein contained shall
prevent the state from constructing, completing and maintaining any
highway heretofore specifically authorized by constitutional amendment,
nor from constructing and maintaining to federal standards federal aid
interstate highway route five hundred two from a point in the vicinity
of the city of Glens Falls, thence northerly to the vicinity of the
villages of Lake George and Warrensburg, the hamlets of South Horicon
and Pottersville and thence northerly in a generally straight line on
the west side of Schroon Lake to the vicinity of the hamlet of Schroon,
then continuing northerly to the vicinity of Schroon Falls, Schroon
River and North Hudson, and to the east of Makomis Mountain, east of the
hamlet of New Russia, east of the village of Elizabethtown and continu-
ing northerly in the vicinity of the hamlet of Towers Forge, and east of
Poke-O-Moonshine Mountain and continuing northerly to the vicinity of
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89070-01-3
S. 5540 2
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
by the state will be secured by appropriate covenants and restrictions
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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,
shall be conveyed to the state on the condition that the legislature
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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,
dedicated, and in existence on January first, two thousand fifteen, and
S. 5540 5
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, THE CONSTRUCTION, OPERATION,
AND MAINTENANCE TO INTERNATIONAL STANDARDS FOR NORDIC SKIING AND BIATH-
LON TRAILS THAT WILL ACCOMMODATE GLOBAL COMPETITIONS, TRAINING, AND
EVENTS, TOTALING NOT MORE THAN THREE HUNDRED TWENTY-THREE ACRES OF
TRAILS AND APPURTENANCES THERETO, IS AUTHORIZED ON ONE THOUSAND THIRTY-
NINE ACRES OF FOREST PRESERVE LANDS AT THE MOUNT VAN HOEVENBERG OLYMPIC
SPORTS COMPLEX IN THE TOWN OF NORTH ELBA IN ESSEX COUNTY, AND AS AN
OFFSET THERETO THE STATE MUST ACQUIRE FOR INCORPORATION INTO THE FOREST
PRESERVE AT LEAST TWO THOUSAND FIVE HUNDRED ACRES OF FOREST LAND FOR
INCLUSION IN THE FOREST PRESERVE IN THE ADIRONDACK PARK ON CONDITION
THAT THE LEGISLATURE SHALL DETERMINE THAT SUCH LANDS ARE EQUAL TO OR
GREATER IN VALUE.
§ 2. RESOLVED (if the Assembly concur), That the foregoing be referred
to the first regular legislative session convening after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.
