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S2041Senate2017-2018 SessionSame asA5739

Sell Certain State Forest Land

Official title

“Authorizes the state to convey certain forest preserve land”

Sponsor Betty LittleSD-45+2 co-sponsorsAffects Environment & Energy
Status
In Assembly Committee
Environmental Conservation
Impact
3/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Environmental Conservation

What's happening

This bill proposes a constitutional amendment allowing the sale of up to 92 acres of former institutional land in Franklin County, with proceeds used for forest preserve acquisitions.

Why it matters

  1. Unlocks Economic and Community Reuse of Institutional Land. By authorizing the sale of up to 92 acres of land previously used for a tuberculosis hospital, college annex, and state prison, the amendment allows for potential redevelopment, economic activity, or community projects that could benefit the local area in Franklin County.

  2. Protects Statewide Conservation Goals. The proposal ensures that any proceeds from the sale must be used exclusively for acquiring new forest preserve lands, meaning the overall size and quality of New York’s protected forests could increase, offsetting the loss of the former institutional acreage.

  3. Targets Land Not Intended for Permanent Preservation. The land in question consists of developed institutional property, not wild or ecologically sensitive forest, making this a more limited and targeted exception to New York’s strict “forever wild” constitutional protections.

  4. Requires Ongoing Legislative Oversight. The amendment mandates legislative approval prior to any transfer, maintaining a check on how the process is implemented and ensuring public accountability regarding both the sale and the use of resulting funds.

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Who cares

Headline styles

Sell Certain State Forest Land

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Betty Little

Senator · Senate District 45

Chair, Housing, Construction And Community Development

History

  1. Referred to environmental conservation
  2. Delivered to assembly
  3. Passed senateVote 62–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.808
  7. Opinion referred to judiciary
  8. To attorney-general for opinion
  9. Referred to judiciary
  10. Opinion referred to judiciary
  11. To attorney-general for opinion
  12. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5739Assembly

Sell Unused Forest Preserve Land

In Assembly Committee · Judiciary · Sponsor Billy Jones

Impact 4 · Low0% to pass

Full text

4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2041

2017-2018 Regular Sessions

IN SENATE

January 11, 2017

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 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 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 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

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

[ ] is old law to be omitted.

LBD89017-01-7

S. 2041 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 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 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 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 character of the lands and buildings conveyed by the state will be secured by appropriate covenants and restrictions

S. 2041 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 fiftythree 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 property 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 authorize 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 competing claims of title between the state and private parties in said township, 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

S. 2041 4

shall determine that the property to be conveyed to the state shall 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. nevertheless 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.

§ 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 conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

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

Purpose

To secure initial passage of a concurrent resolution to amend Article XIV, Section 1 of the New York State Constitution to authorize the state to convey certain forest preserve land These lands are the former Camp Gabriels Correction Facility.

Summary of provisions

The concurrent resolution authorizes the state to convey at public or private sale up to ninety-two acres of forest preserve land along State Route 86, part of Lot 78, Township 18, and Great Tract 1, notwithstanding the foregoing provisions and subjects to legislative approval prior to actual transfers of title. Any revenue derived from such conveyance must be paid into an account of the state to be used only for acquisitions to the forest preserve.

Read the full memo (890 words)

Justification

The land that comprises Camp Gabriels has been continuously developed since at least 1895 and was in private hands until 1982. The site and several buildings were acquired for use as a sanatorium by the Sisters of Mercy Order. Sanatorium Gabriels officially opened in July 1897 for the treatment of Tuberculosis. After World War II, the facility was used for the field of geriatrics due to the decline in the number of tuberculosis cases. Eventually, the Sisters of Mercy Order decided to sell the property and it was sold on August 15, 1965 for $150,000 to Paul Smith's College. The Gabriels campus included student housing as well as classrooms and a cafeteria. New buildings were added to the campus. By 1977, many buildings were not used due to declining enrollments and the College began moving the Forestry Program back to the main campus.

On April 9, 1982, the Department of Correctional Services ("DOCS") purchased the property from Paul Smith's College for $635,000. At that time, the property consisted of approximately 221 acres and included 19 buildings. The contract of sale was approved by the Attorney General and OSC. The full warranty deed was executed by the College and recorded with the Franklin County Clerk's office on June 21, 1982. The deed provides that "It is intended that all of the above-described premises, except the following described parcel .. . become and be a part of the Adirondack forest preserve." The portion that was intended to be exempted consisted of the developed portion of the property that was to be used by DOCS as Camp Gabriels with some surrounding trees.

DEC applied to OGS under Section 3(4) of the Public Lands Law for a transfer of jurisdiction of 129.2 acres deemed necessary for addition to the Adirondack Forest Preserve. The application was approved by OGS in an order dated March 3, 1983. During the time Camp Gabriels was a corrections facility, a number of existing buildings were upgraded and new buildings were constructed. Camp Gabriels was closed and vacated by DOCS effective July 1, 2009 in accordance with the requirements of Chapter 56 of the Laws of 2009. It was subsequently transferred pursuant to the Public Lands Law to OGS' jurisdiction. In a memo dated December 17, 2010, OGS received advice from the Executive Director of the Adirondack Park Agency with respect to the proposed reuse of the property, which included classifying it as "Moderate Intensity Use. That use of the property allows for development opportunities in areas where development will not significantly harm the physical and biological resources. According to the APA's Memorandum, the Camp has enough acreage for 71 principal buildings under the Adirondack Park Land Use and Development Plan.

OGS' Report of Physical Inspection of Improvements, dated September 9, 2010, stated that the size of the property is +- 91.7 acres and that there are a total of 48 structures that range from an open covered weight pavilion, an outdoor cooler and freezer to a chapel and shrine, an administrative building, housing units and several support buildings. The Report also noted that there is a Sewage Treatment Plant and a Wastewater Treatment Plant.

OGS has twice attempted unsuccessfully to sell the property at auction, in April and November, 2011. Since that time, there has been renewed interest in selling or leasing Camp Gabriels, currently including a not-for-profit organization that operates educational summer camps for young children and teenagers purchasing the property as well as a group interested in developing a Native American cultural education center.

This constitutional amendment would enable the sale, lease or other disposition for Camp Gabriels thereby assisting the local economy and communities as well as removing this property as a financial liability for the State.

Legislative history

2015-.16: S.8028-A Passed Senate (Attorney General Opinion referred to Judiciary)

Fiscal implications

Any revenue derived from the conveyance of these lands will be paid into an account of the state to be used only for acquisitions to the forest preserve.

Effective date

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 conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.