S T A T E O F N E W Y O R K
________________________________________________________________________
995
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
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 gathering of fallen timber from 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. A. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89011-01-3
S. 995 2
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] THEREFOR 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 [there-
fore] THEREFOR 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 legisla-
tive 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 build-
ings 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
Racquette Lake Village, in the Town of Long Lake, county of Hamilton,
and in exchange therefor; Sagamore Institute, 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
S. 995 3
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
a new 46kV power line and in exchange [therefore] THEREFOR 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 prop-
erty to be received by the state is at least equal in value to the land
conveyed by the state.
B. PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS ARTICLE SHALL
PROHIBIT RESIDENTS OF THE STATE FROM GATHERING FALLEN TIMBER LYING ON
THE FOREST FLOOR ON STATE-OWNED LANDS WHEN SUCH TIMBER IS WITHIN FIFTY
FEET OF THE CENTER LINE OF A PUBLIC HIGHWAY, EXCEPT LANDS THE COMMIS-
SIONER OF ENVIRONMENTAL CONSERVATION MAY DESIGNATE BY RULE AND REGU-
LATION WHERE SUCH GATHERING SHALL BE PROHIBITED. EVERY PERSON GATHERING
FALLEN TIMBER PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL DO SO
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AT HIS OR HER OWN RISK AND WITHOUT DISTURBING THE SURROUNDING VEGE-
TATION.
S 2. RESOLVED (if the Assembly concur), That the foregoing be referred
to the first regular legislative session convening after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.
