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

                                  7974

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2013
                               ___________

Introduced  by  M. of A. SWEENEY, STEC, DUPREY -- 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 a land exchange, in the state forest preserve with NYCO
  Minerals, Inc.

  Section  1. Resolved (if the Senate concur), That section 1 of article
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. Nothing  herein  contained  shall
prevent  the  state  from  constructing,  completing and maintaining any
highway heretofore specifically authorized 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 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

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

A                                                          LBD89118-01-3

A. 7974                             2

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
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

A. 7974                             3

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
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.
  NOTWITHSTANDING THE FOREGOING PROVISIONS, THE STATE MAY AUTHORIZE NYCO
MINERALS, INC. TO ENGAGE IN MINERAL SAMPLING OPERATIONS, SOLELY  AT  ITS
EXPENSE,  TO  DETERMINE  THE  QUANTITY  AND  QUALITY  OF WOLLASTONITE ON
APPROXIMATELY 200 ACRES OF FOREST PRESERVE  LAND  CONTAINED  IN  LOT  8,
STOWERS SURVEY, TOWN OF LEWIS, ESSEX COUNTY PROVIDED THAT NYCO MINERALS,
INC.  SHALL  PROVIDE THE DATA AND INFORMATION DERIVED FROM SUCH DRILLING
TO THE STATE FOR APPRAISAL PURPOSES. SUBJECT TO LEGISLATIVE APPROVAL  OF
THE  TRACTS  TO  BE EXCHANGED PRIOR TO THE ACTUAL TRANSFER OF TITLE, THE
STATE MAY SUBSEQUENTLY CONVEY SAID LOT 8 TO NYCO MINERALS, INC., AND, IN

A. 7974                             4

EXCHANGE THEREFOR, NYCO MINERALS, INC. SHALL CONVEY  TO  THE  STATE  FOR
INCORPORATION  INTO THE FOREST PRESERVE NOT LESS THAN THE SAME NUMBER OF
ACRES OF LAND, ON CONDITION THAT THE LEGISLATURE  SHALL  DETERMINE  THAT
THE  LANDS  TO BE RECEIVED BY THE STATE ARE EQUAL TO OR GREATER THAN THE
VALUE OF THE LAND TO BE CONVEYED BY THE STATE AND ON CONDITION THAT  THE
ASSESSED  VALUE  OF THE LAND TO BE CONVEYED TO THE STATE SHALL TOTAL NOT
LESS THAN ONE MILLION DOLLARS. WHEN NYCO MINERALS, INC.  TERMINATES  ALL
MINING  OPERATIONS  ON SUCH LOT 8 IT SHALL REMEDIATE THE SITE AND CONVEY
TITLE TO SUCH LOT BACK TO THE STATE OF NEW YORK  FOR  INCLUSION  IN  THE
FOREST  PRESERVE.  IN  THE  EVENT  THAT  LOT  8  IS NOT CONVEYED TO NYCO
MINERALS, INC. PURSUANT TO THIS PARAGRAPH, NYCO MINERALS, INC.    NEVER-
THELESS  SHALL  CONVEY  TO  THE  STATE FOR INCORPORATION INTO THE FOREST
PRESERVE NOT LESS THAN  THE  SAME  NUMBER  OF  ACRES  OF  LAND  THAT  IS
DISTURBED  BY  ANY MINERAL SAMPLING   OPERATIONS CONDUCTED ON SAID LOT 8
PURSUANT TO THIS PARAGRAPH  ON  CONDITION  THAT  THE  LEGISLATURE  SHALL
DETERMINE  THAT  THE  LANDS  TO BE RECEIVED BY THE STATE ARE EQUAL TO OR
GREATER THAN THE VALUE OF THE LANDS DISTURBED BY  THE  MINERAL  SAMPLING
OPERATIONS.
  S  2. RESOLVED (if the Senate concur), That the foregoing amendment be
submitted to the people for approval at the general election to be  held
in the year 2013 in accordance with the provisions of the election law.