The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9770
 
                           I N  A S S E M B L Y
 
                               April 7, 2022
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee 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 the exchange of lands in the state forest preserve
 
   Section 1. Resolved (if the Senate concur), That section 1 of  article
 14  of  the constitution be amended by adding a new closing paragraph to
 read as follows:
   NOTWITHSTANDING THE FOREGOING PROVISIONS, TO INCREASE THE  ACREAGE  OF
 FOREST PRESERVE LAND LOCATED ON CATHEAD MOUNTAIN IN THE SOUTHERN ADIRON-
 DACKS,  TO ENHANCE PUBLIC RECREATIONAL OPPORTUNITIES BY REOPENING TO THE
 PUBLIC  A HISTORIC FIRE TOWER LOCATED ON THE SUMMIT OF SUCH MOUNTAIN AND
 PROVIDING  PUBLIC ACCESS TO SUCH TOWER, TO PROVIDE FOR THE  CONSERVATION
 OF  PRIVATE  LAND  LOCATED ON SUCH MOUNTAIN, AND TO RESOLVE LONGSTANDING
 PUBLIC HEALTH  AND  SAFETY  CONCERNS  IN  THE  SOUTHERN  ADIRONDACKS  BY
 ADDRESSING  THE  NEED  FOR RELIABLE EMERGENCY COMMUNICATION EQUIPMENT ON
 THE SUMMIT OF SUCH MOUNTAIN, A LAND EXCHANGE IS AUTHORIZED  BETWEEN  THE
 STATE,  THE  HATCHBROOK SPORTSMEN CLUB, INC., THE THOMAS GANG, INC., AND
 THE COUNTY OF HAMILTON WHEREBY THE HATCHBROOK SPORTSMEN CLUB,  INC.  MAY
 CONVEY TO THE STATE FOR INCORPORATION INTO THE FOREST PRESERVE LOTS 122,
 165,  AND 172 BENSON TRACT, TOWN OF BENSON, COUNTY OF HAMILTON, TOTALING
 APPROXIMATELY FOUR HUNDRED EIGHTY ACRES OF TRUE FOREST LAND, MAY  CONVEY
 TO  THE STATE AN EASEMENT FOR HIKING TRAILS ACROSS LOTS 122, 165 AND 166
 OF SUCH TRACT TO PROVIDE PUBLIC ACCESS TO THE FIRE TOWER LOCATED ON  THE
 SUMMIT OF SUCH MOUNTAIN, MAY CONVEY TO THE STATE A CONSERVATION EASEMENT
 AND  A  RIGHT  OF  FIRST  REFUSAL OVER LOT 166 OF SUCH TRACT, MAY CONVEY
 EASEMENTS OVER LOT 166 OF SUCH TRACT TO THE COUNTY OF HAMILTON  AND  THE
 STATE  FOR  THE  CONSTRUCTION  AND  MAINTENANCE OF A TOWER FOR EMERGENCY
 COMMUNICATIONS EQUIPMENT IN LOT 166 OF SUCH TRACT, AND MAY CONVEY TO THE
 COUNTY OF HAMILTON AND THE STATE AN EASEMENT OVER LOT 166 OF SUCH  TRACT
 FOR A UTILITY LINE TO BRING POWER TO SUCH TOWER AND EQUIPMENT AND A ROAD
 FOR  MOTORIZED  ACCESS TO SUCH TOWER AND EQUIPMENT, AND THE THOMAS GANG,
 INC.  MAY CONVEY TO THE STATE AN EASEMENT FOR A HIKING TRAIL ACROSS  LOT
 113  OF SUCH TRACT TO PROVIDE PUBLIC ACCESS TO THE FIRE TOWER LOCATED ON
 THE SUMMIT OF SUCH MOUNTAIN, MAY CONVEY  TO  THE  STATE  A  CONSERVATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89186-01-2
 A. 9770                             2
 
 EASEMENT  AND  RIGHT  OF  FIRST  REFUSAL OVER LOT 167 OF SUCH TRACT, MAY
 CONVEY TO THE STATE A CONSERVATION EASEMENT OVER  FIFTY-EIGHT  ACRES  OF
 LOT  113 OF SUCH TRACT, AND MAY CONVEY TO THE COUNTY OF HAMILTON AND THE
 STATE AN EASEMENT OVER LOTS 113 AND 167 OF SUCH TRACT FOR ROAD ACCESS TO
 SUCH  TOWER  AND EQUIPMENT AND FOR A UTILITY LINE TO BRING POWER TO SUCH
 TOWER AND EQUIPMENT. THE COUNTY OF HAMILTON MAY CONVEY TO THE STATE  FOR
 INCORPORATION  INTO  THE  FOREST  PRESERVE  A TOTAL OF NOT LESS THAN ONE
 HUNDRED ACRES OF LANDS SUITABLE FOR INCLUSION  IN  THE  FOREST  PRESERVE
 SUBJECT  TO  LEGISLATIVE  APPROVAL.   UPON THE COMPLETION OF EACH OF THE
 AFOREMENTIONED CONVEYANCES AND IN EXCHANGE  THEREFOR,  THE  STATE  SHALL
 CONVEY  TO  THE THOMAS GANG, INC.  APPROXIMATELY FORTY-SIX ACRES OF LAND
 IN LOT 120 OF SUCH TRACT ON CATHEAD  MOUNTAIN  AND  ADJOINING  THE  REAL
 PROPERTY OF SUCH CLUB, PROVIDED FURTHER THAT THE STATE SHALL RETAIN FROM
 SUCH CONVEYANCE AN EASEMENT FOR UTILITIES AND ADMINISTRATIVE MOTOR VEHI-
 CLE  ACCESS  TO  THE  EMERGENCY  COMMUNICATIONS EQUIPMENT LOCATED ON THE
 SUMMIT OF SUCH MOUNTAIN, A CONSERVATION EASEMENT   RESTRICTING  DEVELOP-
 MENT  OVER  SUCH  LAND,  AND  A  RIGHT  OF  FIRST REFUSAL OVER SUCH LAND
 PROVIDED THAT THE STATE CONVEYANCE AUTHORIZED BY THIS AMENDMENT MUST  BE
 CONCLUDED NO LATER THAN JANUARY 1, 2028.
   §  2. Resolved (if the Senate 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.