Bill Text: NY A07535 | 2021-2022 | General Assembly | Amended
Bill Title: Amends the constitution to convey land to Debar Pond Institute, Inc. in order to facilitate the preservation of historic buildings.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2022-06-03 - REFERRED TO RULES [A07535 Detail]
Download: New_York-2021-A07535-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7535--D 2021-2022 Regular Sessions IN ASSEMBLY May 13, 2021 ___________ Introduced by M. of A. JONES, SIMPSON, ENGLEBRIGHT -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- 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 1 Section 1. Resolved (if the Senate concur), That section 1 of article 2 14 of the constitution be amended 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89104-11-2A. 7535--D 2 1 preserve land, nor from constructing and maintaining not more than twen- 2 ty-five miles of ski trails thirty to two hundred feet wide, together 3 with appurtenances thereto, provided that no more than five miles of 4 such trails shall be in excess of one hundred twenty feet wide, on the 5 north, east and northwest slopes of Whiteface Mountain in Essex county, 6 nor from constructing and maintaining not more than twenty-five miles of 7 ski trails thirty to two hundred feet wide, together with appurtenances 8 thereto, provided that no more than two miles of such trails shall be in 9 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun- 10 tain in Ulster and Delaware counties and not more than forty miles of 11 ski trails thirty to two hundred feet wide, together with appurtenances 12 thereto, provided that no more than eight miles of such trails shall be 13 in excess of one hundred twenty feet wide, on the slopes of Gore and 14 Pete Gay mountains in Warren county, nor from relocating, reconstructing 15 and maintaining a total of not more than fifty miles of existing state 16 highways for the purpose of eliminating the hazards of dangerous curves 17 and grades, provided a total of no more than four hundred acres of 18 forest preserve land shall be used for such purpose and that no single 19 relocated portion of any highway shall exceed one mile in length. 20 Notwithstanding the foregoing provisions, the state may convey to the 21 village of Saranac Lake ten acres of forest preserve land adjacent to 22 the boundaries of such village for public use in providing for refuse 23 disposal and in exchange therefore the village of Saranac Lake shall 24 convey to the state thirty acres of certain true forest land owned by 25 such village on Roaring Brook in the northern half of Lot 113, Township 26 11, Richards Survey. Notwithstanding the foregoing provisions, the state 27 may convey to the town of Arietta twenty-eight acres of forest preserve 28 land within such town for public use in providing for the extension of 29 the runway and landing strip of the Piseco airport and in exchange 30 therefor the town of Arietta shall convey to the state thirty acres of 31 certain land owned by such town in the town of Arietta. Notwithstanding 32 the foregoing provisions and subject to legislative approval of the 33 tracts to be exchanged prior to the actual transfer of title, the state, 34 in order to consolidate its land holdings for better management, may 35 convey to International Paper Company approximately eight thousand five 36 hundred acres of forest preserve land located in townships two and three 37 of Totten and Crossfield Purchase and township nine of the Moose River 38 Tract, Hamilton county, and in exchange therefore International Paper 39 Company shall convey to the state for incorporation into the forest 40 preserve approximately the same number of acres of land located within 41 such townships and such County on condition that the legislature shall 42 determine that the lands to be received by the state are at least equal 43 in value to the lands to be conveyed by the state. Notwithstanding the 44 foregoing provisions and subject to legislative approval of the tracts 45 to be exchanged prior to the actual transfer of title and the conditions 46 herein set forth, the state, in order to facilitate the preservation of 47 historic buildings listed on the national register of historic places by 48 rejoining an historic grouping of buildings under unitary ownership and 49 stewardship, may convey to Sagamore Institute Inc., a not-for-profit 50 educational organization, approximately ten acres of land and buildings 51 thereon adjoining the real property of the Sagamore Institute, Inc. and 52 located on Sagamore Road, near Raquette Lake Village, in the Town of 53 Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti- 54 tute, Inc. shall convey to the state for incorporation into the forest 55 preserve approximately two hundred acres of wild forest land located 56 within the Adirondack Park on condition that the legislature shallA. 7535--D 3 1 determine that the lands to be received by the state are at least equal 2 in value to the lands and buildings to be conveyed by the state and that 3 the natural and historic character of the lands and buildings conveyed 4 by the state will be secured by appropriate covenants and restrictions 5 and that the lands and buildings conveyed by the state will reasonably 6 be available for public visits according to agreement between Sagamore 7 Institute, Inc. and the state. Notwithstanding the foregoing provisions 8 the state may convey to the town of Arietta fifty acres of forest 9 preserve land within such town for public use in providing for the 10 extension of the runway and landing strip of the Piseco airport and 11 providing for the maintenance of a clear zone around such runway, and in 12 exchange therefor, the town of Arietta shall convey to the state fifty- 13 three acres of true forest land located in lot 2 township 2 Totten and 14 Crossfield's Purchase in the town of Lake Pleasant. 15 Notwithstanding the foregoing provisions and subject to legislative 16 approval prior to actual transfer of title, the state may convey to the 17 town of Keene, Essex county, for public use as a cemetery owned by such 18 town, approximately twelve acres of forest preserve land within such 19 town and, in exchange therefor, the town of Keene shall convey to the 20 state for incorporation into the forest preserve approximately one 21 hundred forty-four acres of land, together with an easement over land 22 owned by such town including the riverbed adjacent to the land to be 23 conveyed to the state that will restrict further development of such 24 land, on condition that the legislature shall determine that the proper- 25 ty to be received by the state is at least equal in value to the land to 26 be conveyed by the state. 27 Notwithstanding the foregoing provisions and subject to legislative 28 approval prior to actual transfer of title, because there is no viable 29 alternative to using forest preserve lands for the siting of drinking 30 water wells and necessary appurtenances and because such wells are 31 necessary to meet drinking water quality standards, the state may convey 32 to the town of Long Lake, Hamilton county, one acre of forest preserve 33 land within such town for public use as the site of such drinking water 34 wells and necessary appurtenances for the municipal water supply for the 35 hamlet of Raquette Lake. In exchange therefor, the town of Long Lake 36 shall convey to the state at least twelve acres of land located in 37 Hamilton county for incorporation into the forest preserve that the 38 legislature shall determine is at least equal in value to the land to be 39 conveyed by the state. The Raquette Lake surface reservoir shall be 40 abandoned as a drinking water supply source. 41 Notwithstanding the foregoing provisions and subject to legislative 42 approval prior to actual transfer of title, the state may convey to 43 National Grid up to six acres adjoining State Route 56 in St. Lawrence 44 County where it passes through Forest Preserve in Township 5, Lots 1, 2, 45 5 and 6 that is necessary and appropriate for National Grid to construct 46 a new 46kV power line and in exchange therefore National Grid shall 47 convey to the state for incorporation into the forest preserve at least 48 10 acres of forest land owned by National Grid in St. Lawrence county, 49 on condition that the legislature shall determine that the property to 50 be received by the state is at least equal in value to the land conveyed 51 by the state. 52 Notwithstanding the foregoing provisions, the legislature may author- 53 ize the settlement, according to terms determined by the legislature, of 54 title disputes in township forty, Totten and Crossfield purchase in the 55 town of Long Lake, Hamilton county, to resolve longstanding and compet- 56 ing claims of title between the state and private parties in said town-A. 7535--D 4 1 ship, provided that prior to, and as a condition of such settlement, 2 land purchased without the use of state-appropriated funds, and suitable 3 for incorporation in the forest preserve within the Adirondack park, 4 shall be conveyed to the state on the condition that the legislature 5 shall determine that the property to be conveyed to the state shall 6 provide a net benefit to the forest preserve as compared to the township 7 forty lands subject to such settlement. 8 Notwithstanding the foregoing provisions, the state may authorize NYCO 9 Minerals, Inc. to engage in mineral sampling operations, solely at its 10 expense, to determine the quantity and quality of wollastonite on 11 approximately 200 acres of forest preserve land contained in lot 8, 12 Stowers survey, town of Lewis, Essex county provided that NYCO Minerals, 13 Inc. shall provide the data and information derived from such drilling 14 to the state for appraisal purposes. Subject to legislative approval of 15 the tracts to be exchanged prior to the actual transfer of title, the 16 state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in 17 exchange therefor, NYCO Minerals, Inc. shall convey to the state for 18 incorporation into the forest preserve not less than the same number of 19 acres of land, on condition that the legislature shall determine that 20 the lands to be received by the state are equal to or greater than the 21 value of the land to be conveyed by the state and on condition that the 22 assessed value of the land to be conveyed to the state shall total not 23 less than one million dollars. When NYCO Minerals, Inc. terminates all 24 mining operations on such lot 8 it shall remediate the site and convey 25 title to such lot back to the state of New York for inclusion in the 26 forest preserve. In the event that lot 8 is not conveyed to NYCO 27 Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. never- 28 theless shall convey to the state for incorporation into the forest 29 preserve not less than the same number of acres of land that is 30 disturbed by any mineral sampling operations conducted on said lot 8 31 pursuant to this paragraph on condition that the legislature shall 32 determine that the lands to be received by the state are equal to or 33 greater than the value of the lands disturbed by the mineral sampling 34 operations. 35 Notwithstanding the foregoing provisions and subject to legislative 36 approval prior to actual transfer of title, a total of no more than two 37 hundred fifty acres of forest preserve land shall be used for the estab- 38 lishment of a health and safety land account. Where no viable alterna- 39 tive exists and other criteria developed by the legislature are satis- 40 fied, a town, village or county may apply, pursuant to a process 41 determined by the legislature, to the health and safety land account for 42 projects limited to: address bridge hazards or safety on county high- 43 ways, and town highways listed on the local highway inventory maintained 44 by the department of transportation, dedicated, and in existence on 45 January first, two thousand fifteen, and annually plowed and regularly 46 maintained; elimination of the hazards of dangerous curves and grades on 47 county highways, and town highways listed on the local highway inventory 48 maintained by the department of transportation, dedicated, and in exist- 49 ence on January first, two thousand fifteen, and annually plowed and 50 regularly maintained; relocation and reconstruction and maintenance of 51 county highways, and town highways listed on the local highway inventory 52 maintained by the department of transportation, dedicated, and in exist- 53 ence on January first, two thousand fifteen and annually plowed and 54 regularly maintained, provided further that no single relocated portion 55 of any such highway shall exceed one mile in length; and water wells and 56 necessary appurtenances when such wells are necessary to meet drinkingA. 7535--D 5 1 water quality standards and are located within five hundred thirty feet 2 of state highways, county highways, and town highways listed on the 3 local highway inventory maintained by the department of transportation, 4 dedicated, and in existence on January first, two thousand fifteen, and 5 annually plowed and regularly maintained. As a condition of the creation 6 of such health and safety land account the state shall acquire two 7 hundred fifty acres of land for incorporation into the forest preserve, 8 on condition that the legislature shall approve such lands to be added 9 to the forest preserve. 10 Notwithstanding the foregoing provisions and subject to legislative 11 approval of the tracts to be exchanged prior to the actual transfer of 12 title and the conditions herein set forth, the state, in order to facil- 13 itate the preservation of historic buildings listed on the national 14 register of historic places may convey to Debar Pond Institute, Inc., a 15 not-for-profit corporation, approximately six acres of land including 16 Debar Pond Lodge and associated buildings, providing for ingress, 17 egress, maintenance and improvement for safe passage on the existing 18 road from County Route 26 to Debar Pond Lodge; use and maintenance of 19 existing utility lines and poles and co-location of future utilities 20 along such lines and poles; and water from Debar Pond for fire 21 suppression, in the Town of Duane, county of Franklin, and in exchange 22 therefor; Debar Pond Institute, Inc. shall convey to the state for 23 incorporation into the forest preserve not less than four hundred acres 24 of land located within the Adirondack Park on condition that the legis- 25 lature shall determine that the lands to be received by the state are at 26 least equal in value to the lands and buildings conveyed by the state, 27 that the lands and buildings conveyed by the state will be reasonably 28 available for public use and visits, and that the natural and historic 29 character of the lands and buildings conveyed by the state will be 30 secured by a conservation easement held by the state. 31 § 2. Resolved (if the Senate concur), That the foregoing amendment be 32 referred to the first regular legislative session convening after the 33 next succeeding general election of members of the assembly, and, in 34 conformity with section 1 of article 19 of the constitution, be 35 published for 3 months previous to the time of such election.