S T A T E   O F   N E W   Y O R K
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                                 8028--A
    Cal. No. 1596

                            I N  S E N A T E

                              June 7, 2016
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Rules  --  ordered  to  a
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 1 of article 14 of  the  constitution,
  in  relation  to  authorizing the sale of certain forest preserve land
  which was not intended to be included in the 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. 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
north, east and northwest slopes of Whiteface Mountain in Essex  county,

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89128-03-6

S. 8028--A                          2

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 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
and that the lands and buildings conveyed by the state  will  reasonably

S. 8028--A                          3

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 legislature may author-
ize the settlement, according to terms determined by the legislature, of
title disputes in township forty, Totten and Crossfield purchase in  the
town  of Long Lake, Hamilton county, to resolve longstanding and compet-
ing claims of title between the state and private parties in said  town-
ship,  provided  that  prior  to, and as a condition of such settlement,
land purchased without the use of state-appropriated funds, and suitable
for incorporation in the forest preserve  within  the  Adirondack  park,
shall  be  conveyed  to  the state on the condition that the legislature
shall determine that the property to be  conveyed  to  the  state  shall

S. 8028--A                          4

provide a net benefit to the forest preserve as compared to the township
forty lands subject to such settlement.
  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
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.
  NOTWITHSTANDING THE FOREGOING PROVISIONS AND  SUBJECT  TO  LEGISLATIVE
APPROVAL  PRIOR  TO  ACTUAL  TRANSFER  OF TITLE, THE LAND DEVELOPED AS A
PRIVATE TUBERCULOSIS HOSPITAL, PRIVATE COLLEGE ANNEX AND A STATE PRISON,
COMPRISING FORTY-EIGHT STRUCTURES MAY BE CONVEYED BY THE STATE AT PUBLIC
OR PRIVATE SALE UP TO NINETY-TWO ACRES OF LAND  ALONG  STATE  ROUTE  86,
PART  OF  LOT  78,  TOWNSHIP 18, GREAT TRACT 1, MACOMB'S PURCHASE IN THE
TOWN OF BRIGHTON, FRANKLIN COUNTY, UPON THE CONDITION THAT  ANY  REVENUE
DERIVED  FROM SUCH CONVEYANCE BE PAID INTO AN ACCOUNT OF THE STATE TO BE
USED ONLY FOR ACQUISITIONS TO THE FOREST PRESERVE.
  S 2. Resolved (if the Assembly concur), That the foregoing be referred
to the first  regular  legislation  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.