Bill Text: NY A01629 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes the state to convey certain forest preserve land; such sale shall be subject to legislative approval and the proceeds of such conveyance shall be used for acquisitions to the forest preserve.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-01-18 - to attorney-general for opinion [A01629 Detail]

Download: New_York-2019-A01629-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1629
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
                                       ___________
        Introduced  by  M.  of A. JONES, PHEFFER AMATO, STEC, D'URSO, B. MILLER,
          LAWRENCE, MONTESANO, CROUCH -- Multi-Sponsored by -- M. of A. COOK  --
          read once and referred to the Committee on Environmental Conservation
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing  an  amendment to section 1 of article 14 of the constitution,
          in relation to authorizing the sale of certain  forest  preserve  land
          which was not intended to be included in the forest preserve
     1    Section  1. Resolved (if the Senate concur), That section 1 of article
     2  14 of the constitution be amended to read as follows:
     3    Section 1. The lands of the state, now owned  or  hereafter  acquired,
     4  constituting  the  forest preserve as now fixed by law, shall be forever
     5  kept as wild forest lands. They shall not be leased, sold or  exchanged,
     6  or  be taken by any corporation, public or private, nor shall the timber
     7  thereon be sold, removed or destroyed. Nothing  herein  contained  shall
     8  prevent  the  state  from  constructing,  completing and maintaining any
     9  highway heretofore specifically authorized by constitutional  amendment,
    10  nor  from  constructing and maintaining to federal standards federal aid
    11  interstate highway route five hundred two from a point in  the  vicinity
    12  of  the  city  of  Glens  Falls, thence northerly to the vicinity of the
    13  villages of Lake George and Warrensburg, the hamlets  of  South  Horicon
    14  and  Pottersville  and  thence northerly in a generally straight line on
    15  the west side of Schroon Lake to the vicinity of the hamlet of  Schroon,
    16  then  continuing  northerly  to  the  vicinity of Schroon Falls, Schroon
    17  River and North Hudson, and to the east of Makomis Mountain, east of the
    18  hamlet of New Russia, east of the village of Elizabethtown and  continu-
    19  ing northerly in the vicinity of the hamlet of Towers Forge, and east of
    20  Poke-O-Moonshine  Mountain  and  continuing northerly to the vicinity of
    21  the village of Keeseville and the city of Plattsburgh, all of the afore-
    22  said taking not to exceed a total of three hundred acres of state forest
    23  preserve land, nor from constructing and maintaining not more than twen-
    24  ty-five miles of ski trails thirty to two hundred  feet  wide,  together
    25  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.
                                                                   LBD89017-01-9

        A. 1629                             2
     1  such trails shall be in excess of one hundred twenty feet wide,  on  the
     2  north,  east and northwest slopes of Whiteface Mountain in Essex county,
     3  nor from constructing and maintaining not more than twenty-five miles of
     4  ski  trails thirty to two hundred feet wide, together with appurtenances
     5  thereto, provided that no more than two miles of such trails shall be in
     6  excess of one hundred twenty feet wide, on the slopes of Belleayre Moun-
     7  tain in Ulster and Delaware counties and not more than  forty  miles  of
     8  ski  trails thirty to two hundred feet wide, together with appurtenances
     9  thereto, provided that no more than eight miles of such trails shall  be
    10  in  excess  of  one  hundred twenty feet wide, on the slopes of Gore and
    11  Pete Gay mountains in Warren county, nor from relocating, reconstructing
    12  and maintaining a total of not more than fifty miles of  existing  state
    13  highways  for the purpose of eliminating the hazards of dangerous curves
    14  and grades, provided a total of no  more  than  four  hundred  acres  of
    15  forest  preserve  land shall be used for such purpose and that no single
    16  relocated portion of any  highway  shall  exceed  one  mile  in  length.
    17  Notwithstanding  the  foregoing  provisions, the state may convey to the
    18  village of Saranac Lake ten acres of forest preserve  land  adjacent  to
    19  the  boundaries  of  such village for public use in providing for refuse
    20  disposal and in exchange therefore the village  of  Saranac  Lake  shall
    21  convey  to  the  state thirty acres of certain true forest land owned by
    22  such village on Roaring Brook in the northern half of Lot 113,  Township
    23  11, Richards Survey. Notwithstanding the foregoing provisions, the state
    24  may  convey to the town of Arietta twenty-eight acres of forest preserve
    25  land within such town for public use in providing for the  extension  of
    26  the  runway  and  landing  strip  of  the Piseco airport and in exchange
    27  therefor the town of Arietta shall convey to the state thirty  acres  of
    28  certain  land owned by such town in the town of Arietta. Notwithstanding
    29  the foregoing provisions and subject  to  legislative  approval  of  the
    30  tracts to be exchanged prior to the actual transfer of title, the state,
    31  in  order  to  consolidate  its land holdings for better management, may
    32  convey to International Paper Company approximately eight thousand  five
    33  hundred acres of forest preserve land located in townships two and three
    34  of  Totten  and Crossfield Purchase and township nine of the Moose River
    35  Tract, Hamilton county, and in exchange  therefore  International  Paper
    36  Company  shall  convey  to  the  state for incorporation into the forest
    37  preserve approximately the same number of acres of land  located  within
    38  such  townships  and such County on condition that the legislature shall
    39  determine that the lands to be received by the state are at least  equal
    40  in  value  to the lands to be conveyed by the state. Notwithstanding the
    41  foregoing provisions and subject to legislative approval of  the  tracts
    42  to be exchanged prior to the actual transfer of title and the conditions
    43  herein  set forth, the state, in order to facilitate the preservation of
    44  historic buildings listed on the national register of historic places by
    45  rejoining an historic grouping of buildings under unitary ownership  and
    46  stewardship,  may  convey  to  Sagamore Institute Inc., a not-for-profit
    47  educational organization, approximately ten acres of land and  buildings
    48  thereon  adjoining the real property of the Sagamore Institute, Inc. and
    49  located on Sagamore Road, near Raquette Lake Village,  in  the  Town  of
    50  Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti-
    51  tute,  Inc.  shall convey to the state for incorporation into the forest
    52  preserve approximately two hundred acres of  wild  forest  land  located
    53  within  the  Adirondack  Park  on  condition  that the legislature shall
    54  determine that the lands to be received by the state are at least  equal
    55  in value to the lands and buildings to be conveyed by the state and that
    56  the  natural  and historic character of the lands and buildings conveyed

        A. 1629                             3
     1  by the state will be secured by appropriate covenants  and  restrictions
     2  and  that  the lands and buildings conveyed by the state will reasonably
     3  be available for public visits according to agreement  between  Sagamore
     4  Institute, Inc.  and the state. Notwithstanding the foregoing provisions
     5  the  state  may  convey  to  the  town  of Arietta fifty acres of forest
     6  preserve land within such town for  public  use  in  providing  for  the
     7  extension  of  the  runway  and  landing strip of the Piseco airport and
     8  providing for the maintenance of a clear zone around such runway, and in
     9  exchange therefor, the town of Arietta shall convey to the state  fifty-
    10  three  acres  of true forest land located in lot 2 township 2 Totten and
    11  Crossfield's Purchase in the town of Lake Pleasant.
    12    Notwithstanding the foregoing provisions and  subject  to  legislative
    13  approval  prior to actual transfer of title, the state may convey to the
    14  town of Keene, Essex county, for public use as a cemetery owned by  such
    15  town,  approximately  twelve  acres  of forest preserve land within such
    16  town and, in exchange therefor, the town of Keene shall  convey  to  the
    17  state  for  incorporation  into  the  forest  preserve approximately one
    18  hundred forty-four acres of land, together with an  easement  over  land
    19  owned  by  such  town  including the riverbed adjacent to the land to be
    20  conveyed to the state that will restrict  further  development  of  such
    21  land, on condition that the legislature shall determine that the proper-
    22  ty to be received by the state is at least equal in value to the land to
    23  be conveyed by the state.
    24    Notwithstanding  the  foregoing  provisions and subject to legislative
    25  approval prior to actual transfer of title, because there is  no  viable
    26  alternative  to  using  forest preserve lands for the siting of drinking
    27  water wells and necessary  appurtenances  and  because  such  wells  are
    28  necessary to meet drinking water quality standards, the state may convey
    29  to  the  town of Long Lake, Hamilton county, one acre of forest preserve
    30  land within such town for public use as the site of such drinking  water
    31  wells and necessary appurtenances for the municipal water supply for the
    32  hamlet  of  Raquette  Lake.  In exchange therefor, the town of Long Lake
    33  shall convey to the state at least  twelve  acres  of  land  located  in
    34  Hamilton  county  for  incorporation  into  the forest preserve that the
    35  legislature shall determine is at least equal in value to the land to be
    36  conveyed by the state. The Raquette  Lake  surface  reservoir  shall  be
    37  abandoned as a drinking water supply source.
    38    Notwithstanding  the  foregoing  provisions and subject to legislative
    39  approval prior to actual transfer of title,  the  state  may  convey  to
    40  National  Grid  up to six acres adjoining State Route 56 in St. Lawrence
    41  County where it passes through Forest Preserve in Township 5, Lots 1, 2,
    42  5 and 6 that is necessary and appropriate for National Grid to construct
    43  a new 46kV power line and in  exchange  therefore  National  Grid  shall
    44  convey  to the state for incorporation into the forest preserve at least
    45  10 acres of forest land owned by National Grid in St.  Lawrence  county,
    46  on  condition  that the legislature shall determine that the property to
    47  be received by the state is at least equal in value to the land conveyed
    48  by the state.
    49    Notwithstanding the foregoing provisions, the legislature may  author-
    50  ize the settlement, according to terms determined by the legislature, of
    51  title  disputes in township forty, Totten and Crossfield purchase in the
    52  town of Long Lake, Hamilton county, to resolve longstanding and  compet-
    53  ing  claims of title between the state and private parties in said town-
    54  ship, provided that prior to, and as a  condition  of  such  settlement,
    55  land purchased without the use of state-appropriated funds, and suitable
    56  for  incorporation  in  the  forest preserve within the Adirondack park,

        A. 1629                             4
     1  shall be conveyed to the state on the  condition  that  the  legislature
     2  shall  determine  that  the  property  to be conveyed to the state shall
     3  provide a net benefit to the forest preserve as compared to the township
     4  forty lands subject to such settlement.
     5    Notwithstanding the foregoing provisions, the state may authorize NYCO
     6  Minerals,  Inc.  to engage in mineral sampling operations, solely at its
     7  expense, to determine  the  quantity  and  quality  of  wollastonite  on
     8  approximately  200  acres  of  forest  preserve land contained in lot 8,
     9  Stowers survey, town of Lewis, Essex county provided that NYCO Minerals,
    10  Inc. shall provide the data and information derived from  such  drilling
    11  to  the state for appraisal purposes. Subject to legislative approval of
    12  the tracts to be exchanged prior to the actual transfer  of  title,  the
    13  state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in
    14  exchange  therefor,  NYCO  Minerals,  Inc. shall convey to the state for
    15  incorporation into the forest preserve not less than the same number  of
    16  acres  of  land,  on condition that the legislature shall determine that
    17  the lands to be received by the state are equal to or greater  than  the
    18  value  of the land to be conveyed by the state and on condition that the
    19  assessed value of the land to be conveyed to the state shall  total  not
    20  less  than  one million dollars. When NYCO Minerals, Inc. terminates all
    21  mining operations on such lot 8 it shall remediate the site  and  convey
    22  title  to  such  lot  back to the state of New York for inclusion in the
    23  forest preserve. In the event  that  lot  8  is  not  conveyed  to  NYCO
    24  Minerals,  Inc.  pursuant to this paragraph, NYCO Minerals, Inc.  never-
    25  theless shall convey to the state  for  incorporation  into  the  forest
    26  preserve  not  less  than  the  same  number  of  acres  of land that is
    27  disturbed by any mineral sampling  operations conducted on  said  lot  8
    28  pursuant  to  this  paragraph  on  condition  that the legislature shall
    29  determine that the lands to be received by the state  are  equal  to  or
    30  greater  than  the  value of the lands disturbed by the mineral sampling
    31  operations.
    32    Notwithstanding the foregoing provisions and  subject  to  legislative
    33  approval  prior to actual transfer of title, a total of no more than two
    34  hundred fifty acres of forest preserve land shall be used for the estab-
    35  lishment of a health and safety land account. Where no  viable  alterna-
    36  tive  exists  and other criteria developed by the legislature are satis-
    37  fied, a town, village  or  county  may  apply,  pursuant  to  a  process
    38  determined by the legislature, to the health and safety land account for
    39  projects  limited to:   address bridge hazards or safety on county high-
    40  ways, and town highways listed on the local highway inventory maintained
    41  by the department of transportation,  dedicated,  and  in  existence  on
    42  January  first,  two thousand fifteen, and annually plowed and regularly
    43  maintained; elimination of the hazards of dangerous curves and grades on
    44  county highways, and town highways listed on the local highway inventory
    45  maintained by the department of transportation, dedicated, and in exist-
    46  ence on January first, two thousand fifteen,  and  annually  plowed  and
    47  regularly  maintained;  relocation and reconstruction and maintenance of
    48  county highways, and town highways listed on the local highway inventory
    49  maintained by the department of transportation, dedicated, and in exist-
    50  ence on January first, two thousand  fifteen  and  annually  plowed  and
    51  regularly  maintained, provided further that no single relocated portion
    52  of any such highway shall exceed one mile in length; and water wells and
    53  necessary appurtenances when such wells are necessary to  meet  drinking
    54  water  quality standards and are located within five hundred thirty feet
    55  of state highways, county highways, and  town  highways  listed  on  the
    56  local  highway inventory maintained by the department of transportation,

        A. 1629                             5
     1  dedicated, and in existence on January first, two thousand fifteen,  and
     2  annually plowed and regularly maintained. As a condition of the creation
     3  of  such  health  and  safety  land  account the state shall acquire two
     4  hundred  fifty acres of land for incorporation into the forest preserve,
     5  on condition that the legislature shall approve such lands to  be  added
     6  to the forest preserve.
     7    Notwithstanding  the  foregoing  provisions and subject to legislative
     8  approval prior to actual transfer of title,  the  land  developed  as  a
     9  private tuberculosis hospital, private college annex and a state prison,
    10  comprising forty-eight structures may be conveyed by the state at public
    11  or  private  sale  up  to ninety-two acres of land along State Route 86,
    12  part of Lot 78, Township 18, Great Tract 1,  Macomb's  purchase  in  the
    13  town  of  Brighton, Franklin county, upon the condition that any revenue
    14  derived from such conveyance be paid into an account of the state to  be
    15  used only for acquisitions to the forest preserve.
    16    §  2.  Resolved (if the Senate concur), That the foregoing be referred
    17  to the first  regular  legislative  session  convening  after  the  next
    18  succeeding general election of members of the assembly, and, in conform-
    19  ity with section 1 of article 19 of the constitution, be published for 3
    20  months previous to the time of such election.
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