Bill Text: NY S07222 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to the Mount Van Hoevenberg Olympic Sports Complex in Essex County.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-05-30 - PRINT NUMBER 7222A [S07222 Detail]
Download: New_York-2021-S07222-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7222--A 2021-2022 Regular Sessions IN SENATE June 7, 2021 ___________ Introduced by Sens. KAMINSKY, STEC -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recom- mitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- 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 the Mount Van Hoevenberg Olympic Sports Complex in Essex County 1 Section 1. Resolved (if the Assembly concur), That section 1 of arti- 2 cle 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89146-02-2S. 7222--A 2 1 ty-five miles of ski trails thirty to two hundred feet wide, together 2 with appurtenances thereto, provided that no more than five miles of 3 such trails shall be in excess of one hundred twenty feet wide, on the 4 north, east and northwest slopes of Whiteface Mountain in Essex county, 5 nor from constructing and maintaining not more than twenty-five miles of 6 ski trails thirty to two hundred feet wide, together with appurtenances 7 thereto, provided that no more than two miles of such trails shall be in 8 excess of one hundred twenty feet wide, on the slopes of Belleayre Moun- 9 tain in Ulster and Delaware counties and not more than forty miles of 10 ski trails thirty to two hundred feet wide, together with appurtenances 11 thereto, provided that no more than eight miles of such trails shall be 12 in excess of one hundred twenty feet wide, on the slopes of Gore and 13 Pete Gay mountains in Warren county, nor from relocating, reconstructing 14 and maintaining a total of not more than fifty miles of existing state 15 highways for the purpose of eliminating the hazards of dangerous curves 16 and grades, provided a total of no more than four hundred acres of 17 forest preserve land shall be used for such purpose and that no single 18 relocated portion of any highway shall exceed one mile in length. 19 Notwithstanding the foregoing provisions, the state may convey to the 20 village of Saranac Lake ten acres of forest preserve land adjacent to 21 the boundaries of such village for public use in providing for refuse 22 disposal and in exchange therefore the village of Saranac Lake shall 23 convey to the state thirty acres of certain true forest land owned by 24 such village on Roaring Brook in the northern half of Lot 113, Township 25 11, Richards Survey. Notwithstanding the foregoing provisions, the state 26 may convey to the town of Arietta twenty-eight acres of forest preserve 27 land within such town for public use in providing for the extension of 28 the runway and landing strip of the Piseco airport and in exchange 29 therefor the town of Arietta shall convey to the state thirty acres of 30 certain land owned by such town in the town of Arietta. Notwithstanding 31 the foregoing provisions and subject to legislative approval of the 32 tracts to be exchanged prior to the actual transfer of title, the state, 33 in order to consolidate its land holdings for better management, may 34 convey to International Paper Company approximately eight thousand five 35 hundred acres of forest preserve land located in townships two and three 36 of Totten and Crossfield Purchase and township nine of the Moose River 37 Tract, Hamilton county, and in exchange therefore International Paper 38 Company shall convey to the state for incorporation into the forest 39 preserve approximately the same number of acres of land located within 40 such townships and such County on condition that the legislature shall 41 determine that the lands to be received by the state are at least equal 42 in value to the lands to be conveyed by the state. Notwithstanding the 43 foregoing provisions and subject to legislative approval of the tracts 44 to be exchanged prior to the actual transfer of title and the conditions 45 herein set forth, the state, in order to facilitate the preservation of 46 historic buildings listed on the national register of historic places by 47 rejoining an historic grouping of buildings under unitary ownership and 48 stewardship, may convey to Sagamore Institute Inc., a not-for-profit 49 educational organization, approximately ten acres of land and buildings 50 thereon adjoining the real property of the Sagamore Institute, Inc. and 51 located on Sagamore Road, near Raquette Lake Village, in the Town of 52 Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti- 53 tute, Inc. shall convey to the state for incorporation into the forest 54 preserve approximately two hundred acres of wild forest land located 55 within the Adirondack Park on condition that the legislature shall 56 determine that the lands to be received by the state are at least equalS. 7222--A 3 1 in value to the lands and buildings to be conveyed by the state and that 2 the natural and historic character of the lands and buildings conveyed 3 by the state will be secured by appropriate covenants and restrictions 4 and that the lands and buildings conveyed by the state will reasonably 5 be available for public visits according to agreement between Sagamore 6 Institute, Inc. and the state. Notwithstanding the foregoing provisions 7 the state may convey to the town of Arietta fifty acres of forest 8 preserve land within such town for public use in providing for the 9 extension of the runway and landing strip of the Piseco airport and 10 providing for the maintenance of a clear zone around such runway, and in 11 exchange therefor, the town of Arietta shall convey to the state fifty- 12 three acres of true forest land located in lot 2 township 2 Totten and 13 Crossfield's Purchase in the town of Lake Pleasant. 14 Notwithstanding the foregoing provisions and subject to legislative 15 approval prior to actual transfer of title, the state may convey to the 16 town of Keene, Essex county, for public use as a cemetery owned by such 17 town, approximately twelve acres of forest preserve land within such 18 town and, in exchange therefor, the town of Keene shall convey to the 19 state for incorporation into the forest preserve approximately one 20 hundred forty-four acres of land, together with an easement over land 21 owned by such town including the riverbed adjacent to the land to be 22 conveyed to the state that will restrict further development of such 23 land, on condition that the legislature shall determine that the proper- 24 ty to be received by the state is at least equal in value to the land to 25 be conveyed by the state. 26 Notwithstanding the foregoing provisions and subject to legislative 27 approval prior to actual transfer of title, because there is no viable 28 alternative to using forest preserve lands for the siting of drinking 29 water wells and necessary appurtenances and because such wells are 30 necessary to meet drinking water quality standards, the state may convey 31 to the town of Long Lake, Hamilton county, one acre of forest preserve 32 land within such town for public use as the site of such drinking water 33 wells and necessary appurtenances for the municipal water supply for the 34 hamlet of Raquette Lake. In exchange therefor, the town of Long Lake 35 shall convey to the state at least twelve acres of land located in 36 Hamilton county for incorporation into the forest preserve that the 37 legislature shall determine is at least equal in value to the land to be 38 conveyed by the state. The Raquette Lake surface reservoir shall be 39 abandoned as a drinking water supply source. 40 Notwithstanding the foregoing provisions and subject to legislative 41 approval prior to actual transfer of title, the state may convey to 42 National Grid up to six acres adjoining State Route 56 in St. Lawrence 43 County where it passes through Forest Preserve in Township 5, Lots 1, 2, 44 5 and 6 that is necessary and appropriate for National Grid to construct 45 a new 46kV power line and in exchange therefore National Grid shall 46 convey to the state for incorporation into the forest preserve at least 47 10 acres of forest land owned by National Grid in St. Lawrence county, 48 on condition that the legislature shall determine that the property to 49 be received by the state is at least equal in value to the land conveyed 50 by the state. 51 Notwithstanding the foregoing provisions, the legislature may author- 52 ize the settlement, according to terms determined by the legislature, of 53 title disputes in township forty, Totten and Crossfield purchase in the 54 town of Long Lake, Hamilton county, to resolve longstanding and compet- 55 ing claims of title between the state and private parties in said town- 56 ship, provided that prior to, and as a condition of such settlement,S. 7222--A 4 1 land purchased without the use of state-appropriated funds, and suitable 2 for incorporation in the forest preserve within the Adirondack park, 3 shall be conveyed to the state on the condition that the legislature 4 shall determine that the property to be conveyed to the state shall 5 provide a net benefit to the forest preserve as compared to the township 6 forty lands subject to such settlement. 7 Notwithstanding the foregoing provisions, the state may authorize NYCO 8 Minerals, Inc. to engage in mineral sampling operations, solely at its 9 expense, to determine the quantity and quality of wollastonite on 10 approximately 200 acres of forest preserve land contained in lot 8, 11 Stowers survey, town of Lewis, Essex county provided that NYCO Minerals, 12 Inc. shall provide the data and information derived from such drilling 13 to the state for appraisal purposes. Subject to legislative approval of 14 the tracts to be exchanged prior to the actual transfer of title, the 15 state may subsequently convey said lot 8 to NYCO Minerals, Inc., and, in 16 exchange therefor, NYCO Minerals, Inc. shall convey to the state for 17 incorporation into the forest preserve not less than the same number of 18 acres of land, on condition that the legislature shall determine that 19 the lands to be received by the state are equal to or greater than the 20 value of the land to be conveyed by the state and on condition that the 21 assessed value of the land to be conveyed to the state shall total not 22 less than one million dollars. When NYCO Minerals, Inc. terminates all 23 mining operations on such lot 8 it shall remediate the site and convey 24 title to such lot back to the state of New York for inclusion in the 25 forest preserve. In the event that lot 8 is not conveyed to NYCO 26 Minerals, Inc. pursuant to this paragraph, NYCO Minerals, Inc. never- 27 theless shall convey to the state for incorporation into the forest 28 preserve not less than the same number of acres of land that is 29 disturbed by any mineral sampling operations conducted on said lot 8 30 pursuant to this paragraph on condition that the legislature shall 31 determine that the lands to be received by the state are equal to or 32 greater than the value of the lands disturbed by the mineral sampling 33 operations. Such authority provided herein for NYCO Minerals, Inc. or 34 its successors or assigns to engage in mineral sampling operations to 35 determine the quantity and quality of wollastonite on approxi- 36 mately 200 acres of forest preserve land contained in lot 8, Stow- 37 ers survey, town of Lewis, Essex county, shall be deemed null and void 38 on or after December 31, 2025. Provided that, NYCO Minerals, Inc. or 39 its successors or assigns shall fulfill the obligations established 40 herein to remediate the site from mineral sampling operations and to 41 convey to the state lands of equal or greater value to the disturbed 42 lands, subject to legislative approval. 43 Notwithstanding the foregoing provisions and subject to legislative 44 approval prior to actual transfer of title, a total of no more than two 45 hundred fifty acres of forest preserve land shall be used for the estab- 46 lishment of a health and safety land account. Where no viable alterna- 47 tive exists and other criteria developed by the legislature are satis- 48 fied, a town, village or county may apply, pursuant to a process 49 determined by the legislature, to the health and safety land account for 50 projects limited to: address bridge hazards or safety on county high- 51 ways, and town highways listed on the local highway inventory maintained 52 by the department of transportation, dedicated, and in existence on 53 January first, two thousand fifteen, and annually plowed and regularly 54 maintained; elimination of the hazards of dangerous curves and grades on 55 county highways, and town highways listed on the local highway inventory 56 maintained by the department of transportation, dedicated, and in exist-S. 7222--A 5 1 ence on January first, two thousand fifteen, and annually plowed and 2 regularly maintained; relocation and reconstruction and maintenance of 3 county highways, and town highways listed on the local highway inventory 4 maintained by the department of transportation, dedicated, and in exist- 5 ence on January first, two thousand fifteen and annually plowed and 6 regularly maintained, provided further that no single relocated portion 7 of any such highway shall exceed one mile in length; and water wells and 8 necessary appurtenances when such wells are necessary to meet drinking 9 water quality standards and are located within five hundred thirty feet 10 of state highways, county highways, and town highways listed on the 11 local highway inventory maintained by the department of transportation, 12 dedicated, and in existence on January first, two thousand fifteen, and 13 annually plowed and regularly maintained. As a condition of the creation 14 of such health and safety land account the state shall acquire two 15 hundred fifty acres of land for incorporation into the forest preserve, 16 on condition that the legislature shall approve such lands to be added 17 to the forest preserve. 18 Notwithstanding the foregoing provisions, the construction, operation, 19 and maintenance to international standards for Nordic skiing and biath- 20 lon trails that will accommodate global competitions, training, and 21 events, totaling not more than three hundred twenty-three acres of 22 trails and appurtenances thereto, is authorized on one thousand thirty- 23 nine acres of forest preserve lands at the Mount Van Hoevenberg Olympic 24 Sports Complex in the town of North Elba in Essex county, and as an 25 offset thereto the state must acquire for incorporation into the forest 26 preserve at least two thousand five hundred acres of forest land for 27 inclusion in the forest preserve in the Adirondack Park on condition 28 that the legislature shall determine that such lands are equal to or 29 greater in value. 30 § 2. RESOLVED (if the Assembly concur), That the foregoing be referred 31 to the first regular legislative session convening after the next 32 succeeding general election of members of the assembly, and, in conform- 33 ity with section 1 of article 19 of the constitution, be published for 3 34 months previous to the time of such election.
