Senate Bill S6940

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

                                  6940

                            I N  S E N A T E

                            February 26, 2010
                               ___________

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 THERE-
TO,  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 PARA-
GRAPH.
  Nothing herein contained shall prevent the  state  from  constructing,
completing  and  maintaining any highway heretofore specifically author-
ized 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 Warrens-
burg, the hamlets of South Horicon and Pottersville and thence northerly

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD89167-02-0

S. 6940                             2

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 continuing 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 aforesaid taking  not  to  exceed  a
total  of  three  hundred  acres of state forest preserve land, 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 five miles of such trails  shall  be
in excess of one hundred twenty feet wide, on the north, east and north-
west 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 Mountain 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  Roar-
ing 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
herein  set forth, the state, in order to facilitate the preservation of
historic buildings listed on the national register of historic places by

S. 6940                             3

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.
  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.