BILL NUMBER: S5227
SPONSOR: HARCKHAM
 
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 the Mount
Van Hoevenberg Olympic Sports Complex in Essex County
 
PURPOSE OF THE CONCURRENT RESOLUTION:
First passage of a constitutional amendment to authorize the
construction, operation, and maintenance of the Mount Van Hoevenberg
Olympic Sports Complex on Forest Preserve land in the Town of North
Elba, Essex County, and add at least 2500 additional acres to the Forest
Preserve and to establish a sunset date for the authority granted to
NYCO Minerals, Inc or its successor to engage in mineral sampling oper-
ations in exchange for land of equal or greater value to the disturbed
land.
 
SUMMARY OF PROVISIONS:
Section 1 of this resolution amends Article XIV, Section 1 of the New
York State Constitution. This constitutional provision, originally
located in Article VII, section 7 of the Constitution, has protected
Forest Preserve land since it first became effective on January 1, 1895.
In the relevant part, that constitutional provision provides:
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.
This proposal amends this provision to allow the State to construct,
operate, and maintain Nordic and biathlon trails and appurtenances ther-
eto on not more than 322.26 acres of Forest Preserve land at the Mount
Van Hoevenberg Olympic Sports Complex in the Town of North Elba, Essex
County.
The proposal also requires that, as an offset to the use of those lands,
the State would acquire at least 2500 acres of land located elsewhere
for inclusion in the Forest Preserve, and would require the legislature
to approve that acquisition.
Further, the relevant constitution provides authority to NYCO Minerals,
Inc. to engage in mineral sampling operation on 200 acres of forest
preserve land in lot 8, Stowers survey, the town of Lewis, Essex county
in exchange for land of equal or greater value.
This proposal establishes a sunset for such authority on December 31,
2025, and clarifies that such authority is granted to the successor or
assign of NYCO Minerals, Inc.
 
JUSTIFICATION:
This resolution proposes an amendment to Article XIV, Section 1 of the
Constitution to protect the integrity of the Forest Preserve by consti-
tutionally authorizing the existing Mount Van Hoevenberg Olympic Sports
Complex and allowing for a limited expansion of the Nordic skiing and
biathlon trails and appurtenances thereto that are located at the
Complex, to comply with modern international standards necessary for
accommodating international Nordic ski and biathlon training and events.
As an offset to the land developed for the Olympic Sports Complex, the
Forest Preserve will be benefited through the addition of 2500 acres of
land elsewhere in the Adirondack Park. Moreover, the local and State
economy will be benefited from the continued public recreational use,
and national and international competitive use of the facility.
The Mt. Van Hoevenberg Olympic Sports Complex traces its origins as far
back as 1929 when a bobsled run was built to accommodate the 1932 Olym-
pics. The Complex includes portions of the Nordic ski and biathlon
trails and related facilities on Forest Preserve lands, as well as parts
of the Nordic ski and biathlon trails and a bobsled run on State ease-
ment land owned by the Town of North Elba. In 1969, a new and modern
Nordic ski trail system was designed and constructed. This Nordic ski
trail system was the first in the country planned not only for use by
competitors but also for spectators and use by recreational skiers. At
the time of its development, the Nordic system met the International Ski
Federation (FIS) requirements for Olympic and World Class competitions.
As a result of this world-class Nordic trail system, the Mount Van
Hoevenberg Olympic Sports Complex played host to the Nordic and biathlon
competitions during the Lake Placid 1980 Winter Olympic Games.
In 1982, the Legislature created the Olympic Regional Development
Authority ("ORDA") to operate, manage and maintain the Olympic facili-
ties. Since then, the Sports Complex has been host to several national
and international events, and from January 1222, 2023, the Lake Placid
Olympic facilities will host the 2023 Winter World University Games
Sponsored by the International University Sports Federation ("FISU"),
the World University Games are an international sports and cultural
event staged every two years in a different city worldwide. Second only
to the Olympics, the 11-day competition is the second-largest multi-
sport event in the world and draws more than 2,400 student-athletes
together to compete in various sports and events including Nordic skiing
and biathlon, as well as alpine skiing, skating, curling, hockey, and
snowboarding. The continued maintenance of the Mount Van Hoevenberg
Olympic Sports Complex, and the ability to implement upgrades that will
meet existing Nordic skiing and biathlon international competition stan-
dards, is critical to the continued attraction of such events.
Portions of the Mount Van Hoevenberg Sports Complex are located on State
Forest Preserve land (with other portions located on land that belongs
to the Town of North Elba). Forest Preserve land is protected as "forev-
er wild forest land" by Article XIV, Section 1 of the New York State
Constitution; however, the Constitution has never been amended to
explicitly authorize the Sports Complex. This amendment is intended to
protect the integrity of the Forest Preserve by constitutionally author-
izing the historic use of this Forest Preserve land to support world-
class Nordic skiing and biathlon training and competition, as well as
recreational Nordic skiing and other recreational uses by New York State
residents and others, in accordance with the Legislature's intent in
establishing ORDA.
The proposed amendment restricts the development of this Forest Preserve
land to a maximum of 322.26 acres. All structures and improvements
authorized by the amendment would remain subject to approval through the
Unit Management Planning process, which includes State Environmental
Quality Act review, a significant public review and comment process, and
a required finding by the Adirondack Park Agency that the Unit Manage-
ment Plan is compliant with Adirondack Park State Land Master Plan
guidelines, in accordance with Executive Law § 816.
This amendment would provide a significant public benefit to the People
of the State of New York by recognizing and preserving the unique and
historic role that the Mount Van Hoevenberg Olympic Sports Complex has
to our state and to the world. By recognizing the use of these lands for
these discreet and limited purposes while simultaneously growing the
total acreage of the Adirondack Forest Preserve by at least 2500 acres,
this amendment will continue the State's 125-year commitment to protect-
ing the integrity of the Forest Preserve.
In 2013, Article XIV was amended to authorize the State to allow NYCO
Minerals, Inc. to conduct mineral sampling operations to determine the
quantity and quality of wollastonite on approximately 200 acres of
Forest Preserve land in lot 8, Stowers survey, Town of Lewis in Essex
County. This amendment provides that any such authorization shall be
deemed null and void on or after December 31, 2025 and that NYCO
Minerals, Inc. or its successors or assigns shall remediate the site
from mineral sampling operations and convey to the State lands of equal
or greater value to the disturbed lands, subject to approval by the
Legislature.
 
PRIOR LEGISLATIVE HISTORY:
2023-2023: Referred to Judiciary, Passed Senate, Delivered to Assembly,
Passed Assemblyä Delivered to Secretary of State
2021-2022: S7222A- Died in Judiciary
 
FISCAL IMPLICATIONS:
None, although the economy of the Lake Placid area and the State as a
whole will benefit from the amendment.
 
EFFECTIVE DATE:
In order to make the constitutional amendment effective this concurrent
resolution will also have to be approved by the next legislative session
and then be approved by the voters at the subsequent election.