S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1499

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- 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 management and use of the lands of the state forest
  preserve

  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.
  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  THIS  SECTION,  THE
DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, OR ANY OTHER STATE DEPARTMENT
OR AGENCY WHICH SUCCEEDS TO THE POWERS,  DUTIES  AND  FUNCTIONS  OF  THE
DEPARTMENT  OF ENVIRONMENTAL CONSERVATION RELATING TO THE MANAGEMENT AND
REGULATION OF THE FOREST PRESERVE, SHALL BE AUTHORIZED AND  DIRECTED  TO
ESTABLISH UPON ANY LANDS OF THE STATE ACQUIRED ON OR AFTER THE EFFECTIVE
DATE  OF THIS PARAGRAPH CONSTITUTING A PORTION OF THE FOREST PRESERVE, A
REASONABLE NUMBER OF FOREST PRESERVE MANAGEMENT AREAS. THE STATE, ACTING
BY AND THROUGH THE DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  OR  SUCH
SUCCESSOR  DEPARTMENT  OR AGENCY THERETO, MAY CUT, SELL AND CONTRACT FOR
THE SALE AND REMOVAL OF TIMBER UPON  SUCH  LANDS  CONSISTENT  WITH  SUCH
PROVISIONS  OF  LAW  AS  THE  LEGISLATURE  SHALL ENACT RELATING THERETO.
FURTHERMORE, MOTORIZED EQUIPMENT SHALL BE AUTHORIZED  TO  BE  USED  UPON
SUCH  LANDS,  AND  ROADS  MAY BE CONSTRUCTED THEREON FOR THE PURPOSES OF
IMPLEMENTING THE PROVISIONS OF THIS PARAGRAPH. Nothing herein  contained
shall  prevent  the  state from constructing, completing and maintaining
any highway heretofore specifically authorized by constitutional  amend-
ment, nor from constructing and maintaining to federal standards federal
aid interstate highway route five hundred two from a point in the vicin-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD89059-01-1

S. 1499                             2

ity  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
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's 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

S. 1499                             3

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
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

S. 1499                             4

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.
  S 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.