State of the Park 2018 - 2019

STATE OF THE PARK 2018 - 2019

A NATIONAL TREASURE The AdirondAck PArk The Adirondack Park is the world’s largest intact temperate Through public education and advocacy for the deciduous forest. It is also the largest park in the contiguous protection of the Park’s ecological integrity and wild United States. It contains six million acres (9,300 square- character, the Adirondack Council advises public and miles), covers one-fifth of New York State and is equal private policymakers on ways to safeguard this great in size to neighboring Vermont. The Adirondack Park is expanse of open space. nearly three times the size of Yellowstone National Park. More than half of the Adirondack Park is private land, devoted principally to hamlets, forestry, agriculture, and open-space recreation. Nearly 775,000 acres are protected Dannemora from development by conservation easements held by St. Regis Falls the state or private organizations. The Park is home for 130,000 permanent and 200,000 seasonal residents Keeseville in 120 hamlets and 9 villages. The Park hosts 12 million visitors yearly. Jay Willsboro Nearly half of the Park is publicly Saranac Lake Essex Lake Placid owned Forest Preserve, protected as Cranberry Lake “Forever Wild” by the NYS Constitution Tupper Lake Elizabethtown since 1894. About 1.1 million acres Westport of these public lands are protected as Star Lake Wilderness, where non-mechanized Port Henry Long Lake recreation may be enjoyed. Most Newcomb of the public land (more than 1.4 Blue Mtn. Lake million acres) is Wild Forest, where Schroon Lake motorized uses are permitted on Raquette Lake Ticonderoga Indian Lake designated waters, roads and trails. Old Forge North Creek Plants and wildlife abound in the Park. Old growth forests cover more than 100,000 acres of public Speculator Warrensburg land. The western and southern Adirondacks are gentle landscapes Piseco Lake George of hills, lakes, wetlands, ponds, and streams. In the northeast are the forty- six High Peaks. Forty-three of them rise Northville Caroga Lake above 4,000 feet and 11 have alpine summits that rise above the timberline. The Adirondacks include the headwaters of five major drainage basins. Lake Champlain ADIRONDACK Public Forest Preserve Lands PARK and the Hudson, Black, St. Lawrence, and Private Lands Mohawk Rivers all draw water from the Conservation Easement Lands NEW YORK STATE Adirondack Park. Within the Park are more Roadways than 2,800 lakes and ponds, and more than Waterbodies 1,500 miles of rivers, fed by an estimated Select Communities 30,000 miles of brooks and streams. STATE OF THE PARK 2018 - 2019

A review of elecTed And APPoinTed GovernmenT officiAls’ AcTions AffecTinG The AdirondAck PArk Contents

Letter from the Executive Director ...... 2 2018 Report Card ...... 3 The Governor ...... 4 State Legislature ...... 6 The Courts ...... 8 Attorney General ...... 9 Forever Wild ...... 10 Other Agencies ...... 12 Local Governments ...... 13 Dept. of Environmental Conservation ...... 14 Adirondack Park Agency ...... 16 Federal Government ...... 18 Tip of the Hat & Awards...... 20 2019 Priorities ...... 21

Written and Edited by Adirondack Council Staﬀ View online: AdirondackCouncil.org / © Adirondack Council / Fall 2018

The mission of the Adirondack Council is to ensure the ecological integrity and wild character of the Adirondack Park for current and future generations. We envision an Adirondack Park with clean water and air and large wilderness areas, surrounded by working forests and farms and vibrant local communities. Using science, we educate the public and policymakers; advocate for regulations, policies and funding to benefit the Park’s environment and communities;monitor proposals, legislation and policies impacting the Park; when necessary take legal action to uphold constitutional protections and agency policies established to protect the Adirondack Park; and, secure public and private actions that preserve this unique national treasure for future generations.

Cover: Paddlers on Boreas Ponds - Photo Nancie Battaglia Above: Last light from Owl’s Head - Photo © Carl Heilman II/Wild Visions, Inc. Board of Directors Robert J. Kafin Philip R. Forlenza Chair Ethan Friedman Michael A. Bettmann, M.D. Christopher J. Gorayeb Sarah C. Hatfield Lea Paine Highet Vice-Chairs Kevin McNulty Daniel J. Ryterband Sherry Nemmers Treasurer Justin Potter Charles D. Canham, Ph.D. Meredith M. Prime Secretary Brian Ruder Emily M. Bateson Kate Russell Jill Choate Beier Douglas Schultz David E. Bronston Laurel Skarbinski Photo: Nancie Battaglia Liza Cowan Douglas Stewart Dear Friends of the Adirondack Park, Georgina Cullman, Ph.D. Curtis R. Welling Thomas Curley Ethan Winter This year, as we welcome a record 12.4 million visitors to the Adirondacks, we celebrate the Park as a world-class resource and national treasure. We honor Directors Emeriti and thank all those who have contributed over the last year, big or small, to the Kevin Arquit Lee Keet preservation of this globally unique natural landscape. Timothy L. Barnett Daniel L. Kelting, Ph.D. Almost 90 percent of Adirondack Park visitors come to hike in a quiet Richard Beamish George R. Lamb spot, hoping to find a clear view of the stunningly beautiful landscape around Etienne Boillot Virginia M. Lawrence them and soak in the sights and sounds of nature. Others come to paddle a Peter Borrelli Douglas S. Luke Jeff Bronheim Lawrence Master, Ph.D. canoe (55 percent), go fishing (36 percent) or ride a snowmobile (8 percent). John P. Cahill Cecilia A. Mathews Every single visitor is important, regardless of his or her preferred form of Ann E. Carmel James B. McKenna outdoor recreation. Alison Hudnut Clarkson Karen Meltzer All of those visitors will take away fond memories of the Park, and we hope Tom Cobb Sarah J. Meyland, MS, JD they will make a permanent connection between the beauty of this place and Dr. Dean L. Cook Scott L. Paterson the laws and regulations that protect it. The Adirondack Park is facing serious Kathryn Cusumano James S. Phillips Evan A. Davis Richard L. Reinhold threats to its wild character, ecological health and communities. We will need George D. Davis Avery Rockefeller III the assistance of both state and federal officials to eliminate these threats. James C. Dawson John K. Ryder, Jr. Here at home, overuse of the High Peaks and surrounding Wilderness areas Edward D. Earl Ellen Marshall Scholle has gathered attention from the state, which has recognized the surge in use as Betty Eldridge David Skovron a threat to visitor safety, natural resources and the wild character of the Park. Christopher Elliman James L. Sonneborn John L. Ernst Constance A. Tate The state has announced some initial actions. These are positive steps in the J. Edward Fowler Joel H. Treisman right direction. Additional measures will also be needed to ensure that recreation Barbara L. Glaser, Ed.D. Patricia D. Winterer doesn’t degrade the pristine forests and waters people come here to see. Robert L. Hall, Ph.D. Aaron Woolf Farther from home, the Trump administration’s reversal of past bi-partisan David Heidecorn Cecil Wray federal Environmental Protection Agency (EPA) actions combined with an Theodore L. Hullar, Ph.D. Tony Zazula Sheila M. Hutt embrace of coal-fired power plants threatens the Park’s residents, wildlife, forests, and waters with a halt or reversal of recent declines in acid rain damage. Staff Members The Adirondack Council is working with leaders of both major parties in Albany and Washington to limit all of these threats and protect the Rocci Aguirre Lisa M. Genier Jacqueline Bowen Mary Godnick Park’s future. We thank you for your assistance in eliminating the oil tanker Elaine Burke Susan Hughes junkyard from the railroad tracks north of North Creek. We also thank you Kevin Chlad William C. Janeway for your successful letters to Gov. Andrew Cuomo, urging him to classify Meg Desmond* Revée Needham** the Boreas Ponds and a buffer around them as motor-free Wilderness. And Diane Fish Debbie Pastore J. A. Tyler Frakes John F. Sheehan we thank those who made financial contributions, because funding is also critical to these victories, our successful lawsuit against the EPA over acid * Clarence Petty Intern rain, and much more. ** Colgate Fellow With your continued help, we will tackle the threats of over-use and acid Ongoing Project Consultants rain too. And the Adirondacks will be as healthy and beautiful for our children Legal Counsel: as it has been for us. Doug Ward & J. Michael Naughton, Young/Sommer Phil Gitlen, Whiteman Osterman & Hanna Sincerely, Karyn A. Booth, Thompson Hine LLP Bernard Melewski, Esq. Clean Water Initiative: David J. Miller, Program Coordinator William C. Janeway Adirondack Diversity Initiative: Executive Director Melanie Reding, Communications Assistant

STATE OF THE PARK 2018 - 2019 2 A NATIONAL TREASURE 2018 REPORT CARD Elected and appointed government leaders made decisions late in 2017 and in 2018 that aﬀected the legacy of the Adirondacks. Here are the 2018 priorities (from September 2017), and a report on how they did.

2018 Priorities/Analysis Results

Boreas Ponds Wilderness: Governor Cuomo approved a Wilderness classification to protect the Boreas Ponds and sensitive new and unclassified lands and waters from motorized or mechanized recreation. State Forest Preserve planning improved and the outline of a strategy to address overuse was developed. But, an all-terrain vehicles ban was NOT approved.

More Vibrant & Diverse Communities: The state continues to invest in smart growth, downtown redevelopment, tourism promotion and community infrastructure. The focus for hut-to-hut and glamping has pivoted to hamlets and private land. But, Legislative approval and state implementation of the community health and safety land bank has lagged.

State Clean Air & Water: Junk oil trains were removed from the Forest Preserve. Clean Water Act compliance improved with millions in grants for Park communities. State and regional emissions cap reductions continue, efforts to further reduce use of road salt expand and new funding was approved for aquatic invasive species control.

Federal Clean Air & Water: The Federal government is failing to ensure compliance with clean water and clean air laws critical to protecting the environment and public health. The Trump Environmental Protection Agency (EPA) has moved backwards on air pollution, acid rain, smog, and climate change. But, Congress overruled the President’s proposed cuts to the EPA.

Healthy Forests & Farms: The Governor proposed but the Assembly didn’t approve timberland tax-abatement (RPTL 480a) reforms to improve incentives for private land stewardship. Questions about the sustainability of cutting continue. Easement monitoring and enforcement did not improve. But, support for farming did improve.

Forever Wild: Legislation to weaken Forever Wild was defeated. Voters rejected a proposed constitutional convention that unnecessarily risked weakening Article XIV. A Health and Safety Land Bank Amendment was approved. But, state enforcement is lacking. No plans released for addressing invasive species infestations without material tree-cutting.

Adirondack Park Agency (APA) Reforms: Proposed state legislation to address needed reforms failed to pass. No appointments or reappointments to the APA were proposed by the Governor, leaving empty seats on the 11-member board. But, the Agency has proposed internal changes designed to improve the review process for larger developments.

Conservation Funding: The state’s Environmental Protection Fund includes $300 million for environmental projects, but didn’t increase. Supplemental clean water infrastructure funds from a $2.5 billion appropriation continues to benefit the Adirondacks. The Senate provided an additional $250,000 for Adirondack ecological research and monitoring. But, the Department of Environmental Conservation and APA environmental staffing and non-personnel funding was not restored.

STATE OF THE PARK 2018 - 2019 3 A NATIONAL TREASURE Boreas Ponds Photo from Spring overflight?

THE GOVERNOR

Boreas Ponds the cars. The state is also petitioning the $300M EPF federal Surface Transportation Board Is Wilderness to remove Iowa Pacific as an operator. Capital Funding In March, Gov. Andrew Cuomo included As soon as melting snows allowed, The Governor again budgeted $300 the Boreas Ponds in an historic, once-in- Berkshire-Hathaway amicably removed million for the Environmental Protection a-lifetime 25,000+ acre expansion of the its cars from the 22-mile track between Fund (EPF), which serves as the state’s High Peaks Wilderness revenue source for environmental projects North Creek and Tahawus. Iowa Pacific Area and consolidated it began removing the remainder of its cars such as open space protection, park with the Dix Mountain and equipment from the railroad in May, facilities, etc. This year’s EPF included Wilderness Area, after Warren County ended its agreement a $4.1-million increase in the State Land expanding the Park’s with the company. Stewardship category and $300,000 in most popular hiking and new money for the colleges that operate camping destination the Adirondack Visitor Interpretive Cuomo to 275,000 acres. The Centers at Paul Smiths and Newcomb. action protects high- elevation wetlands, pristine waters and Clean Water rare wildlife habitat, creates an iconic Grants Awarded Wilderness larger than Rocky Mountain As of 2018, the Governor had awarded National Park, and benefits the economies $41.2 million in clean water grants to of host communities. The Governor’s Adirondack communities, with $9.2 compromise includes the potential for million going to towns and organizations motorized uses close to the Boreas to curb sewage pollution and limit road Ponds and efforts continue to ensure that salt contamination in the Park’s lakes and management effectively preserves the rare rivers. Adirondack towns also received ecology and wild character of the Boreas Junk oil train cars along the Hudson River in $32 million in grants for clean water and Ponds for everyone. North Creek, Warren County - Photo © Carl wastewater infrastructure as part of a $2.5- Heilman II/Wild Visions, Inc. billion statewide clean water program. Junk Oil Fighting Algae Trains Removed High Peaks, In 2017, the Governor, with others, Low Staffing Blooms in Lakes persuaded Berkshire-Hathaway and The Governor has not replaced staff In this year’s budget, the Governor Iowa Pacific to stop storing obsolete positions at the Dept. of Environmental devoted $65 million to fighting algae oil tanker rail cars on the Adirondack Conservation (DEC) and Adirondack blooms in major waters such as Lake Forest Preserve. The Governor’s Park Agency (APA) that were lost due to George and Lake Champlain. Algae agencies and NYS Attorney General budget cuts during the Great Recession. are aquatic organisms that can grow Eric Schneiderman ordered Iowa Pacific The DEC lost close to 25 percent of its uncontrollably when there are too many Holdings LLC of Chicago to stop overall staff, while the much smaller nutrients in the water from storm-water turning the rail line into a junkyard. The APA lost 30 percent. Both agencies have runoff, etc. This causes algae blooms, like Governor and NYS Comptroller Thomas assumed additional responsibilities since blue-green algae (cyanobacteria) which DiNapoli called on Berkshire-Hathaway then, as the Forest Preserve has grown are toxic to people, pets and wildlife. CEO Warren Buffett to remove cars and as oversight of private development Septic waste and consequent algae blooms that belonged to a Berkshire-Hathaway and commercial forestry have become closed beaches on both lakes in July. This subsidiary, which accounted for most of more complex. program is a good beginning.

STATE OF THE PARK 2018 - 2019 4 A NATIONAL TREASURE 75 Million Reasons for wildlife management, open space Critic of protection and carbon sequestration. The To Resist Tax Change package was not part of the final budget. Trump Attacks The Governor’s budget proposal included The Governor has been a sharp and vocal a provision that would have eliminated Two Out, critic of the Trump administration’s the state’s obligation to pay local property attacks on the Environmental Protection taxes on three-million acres of Forest Four Uncertain Agency and federal programs that protect Preserve it owns in 92 Adirondack During the 2018 Legislative Session, clean water, clean air, public health, and towns and 12 counties. This plan would the Governor didn’t nominate anyone wild places. have abandoned the state’s century-old for the Adirondack Park Agency Board. obligation to pay full taxes to towns, Barbara Rice of Saranac Lake resigned to Broadband counties and school districts on all take a position with the state. Chairman Coverage Gaps “Forever Wild” state Forest Preserve. Sherman Craig of St. Lawrence County also resigned. Arthur Lussi of Essex Declarations of successful broadband Instead, the state would impose a formula coverage in the Adirondacks turned out to County, Karen Feldman of Columbia to determine how much it pays each be premature. Solutions are needed, not County, Bill Thomas from Warren County year. Local governments would lose their just a campaign blaming and attacking the right to assess the value of state property, and John Ernst of New York City continue provider (Charter) and weak satellite links as well as the protection of state rules to serve on terms that have expired. The Governor selected Feldman as “acting for those left behind. The Governor’s governing property tax payments. The goal of 100 percent universal broadband plan was rejected in the final budget chair.” The Governor should nominate strong environmental decision-makers is laudable and important, especially for negotiations. The state currently pays more rural Adirondack communities. than $75 million in property taxes on the to fill the vacancies and seek Senate Adirondack portion of the Forest Preserve. confirmations as soon as the Legislature returns in 2019. Big Vision Announced Spotlight on In July, the Governor pledged to spend Outdoor Sports $10 billion on new environmental, The Governor’s tourism promotion efforts clean water, clean energy and park have borne fruit in the Adirondacks, projects as part of $150-billion statewide with an estimated 20-percent increase infrastructure plan. Details were few at in overall visitors and a big jump in the press time. popularity of hiking in the eastern High Peaks Wilderness Area. In addition, his budget included $62 million for Olympic sports facilities upgrades that helped secure Lake Placid as host for the 2023 Throttling Up World University Games. With planning on Recreation and management, the games can be a Forest Preserve management plans drafted boon to the Adirondacks’ economy and by the Governor’s agencies continue help remind the world that the Park serves to emphasize intensive recreation over as a model of conservation for inhabited protection of public natural resources. landscapes around the world. This approach often wins praise from user groups, especially those supporting Adirondack Diversity motorized recreation. But the Adirondack Needs Support Photo: NYS Governor’s Oﬃce, ﬂickr Park State Land Master Plan states the State funding has not reached the protection of the Park’s forests and waters Adirondack Diversity Initiative. The Saranac Lake takes priority. state also ignored calls to provide anti- Wins Big bias training to its own staff and to A Better Future In August, Governor Cuomo announced Adirondack Park tourism businesses in the Village of Saranac Lake will receive for All Forests wake of several racial conflicts that gained $10 million from the state’s Downtown In his budget, the Governor included a notoriety inside the Park and across Redevelopment Initiative (DRI). The proposal to incentivize the sustainable the nation. Currently, the Park attracts DRI is a competitive grant program that management of private forest lands in an array of visitors, but sometimes not provides funds to local communities for a bid to overhaul the state’s outdated everyone feels welcome. Anti-bias efforts economic development. timberland tax abatement programs. The could help with this. Long term, the Empire Forest for the Future Initiative Park’s economy and political support Above Left: Boreas Ponds and the High Peaks, would expand the scope and reach of depend on it. spring 2018 - Photo © Carl Heilman II/Wild the state’s efforts to include incentives Visions, Inc.

STATE OF THE PARK 2018 - 2019 5 A NATIONAL TREASURE STATE LEGISLATURE

Iffy on Park Agency’s 46-year-old rules for BOTH HOUSES development. Currently, developers EFFI are allowed to spread homes and roads Nix‘ Dacks A final agreement couldn’t be reached across large landscapes in remote, on Governor Cuomo’s plans to update Tax ‘Fix’ unbroken forests. This forces wildlife the state’s private timberland tax out of their habitat, diminishing the Both houses of the NYS Legislature abatement program by expanding it to Park’s vitality and pushing some species rejected Gov. Andrew Cuomo’s budget include owners of smaller tracts and proposal to repeal a century-old law closer to extirpation or extinction. allow for alternative forest management With engagement of the non-partisan requiring New York to pay full property that benefits wildlife and sequesters taxes on all Forest Preserve lands in Adirondack Common Ground Alliance, carbon. The Empire Forest for the Future a modified bill was developed that had the Adirondack and Catskill Parks. Initiative (EFFI) would create property Adirondack towns, counties and schools broad support, but the Legislature ran out tax incentives for landowners who of time before it could be advanced. receive about $75 million in property tax keep their forests undeveloped. Current payments on the “Forever Wild” Forest programs were created to only prevent Preserve. The Adirondack Council joined the loss of productive timberland to with local officials and other organizations development. Climate change and habitat to create the Forever Taxable Coalition to loss underscore the need to reward anyone successfully resist the proposal. who keeps forests intact. Financial Cloud Obscures Rainbow The Legislature failed to dedicate any funding for an Adirondack Diversity Initiative to help the Adirondack Park become a more welcoming place for all ATV Ban New Yorkers and visitors from around Lake Placid Wastewater Treatment Facility - the world. Its state offices and tourism Stalled Again Photo © Carl Heilman ll/Wild Visions, Inc. businesses need training and assistance The Legislature again failed to approve so the Park becomes a place where every a general ban on the use of all-terrain Steady Flow of Money visitor feels at ease and where our rural vehicles (ATV) on the Park’s Forest Preserve. ATV trespass is damaging communities benefit from New York’s For Water, EPF List trails and bringing noise, erosion and Both houses agreed with the Governor’s incredible diversity of people and talent. invasive species deeper into forests and plan to maintain steady funding for wetlands. While state policy currently water quality improvement projects in Gridlock on prohibits ATVs om Forest Preserve trails, communities around the state, devoting Conservation Design proposals have been made to change that. a total of $2.5 billion to the effort. Both Following the approval of the budget, A law would make the ban permanent, houses also continued funding the partisan disagreements stalled action on and authorize alternative locations, while Environmental Protection Fund (EPF) at nearly every initiative aimed at protecting allowing officials to spell out penalties for $300 million. The EPF is the state’s main the Adirondack Park’s ecological health trespass and specify reasonable exceptions. funding source for parkland, open space, and wild character. One priority left to recycling facilities, invasive species languish was a Conservation Design controls, water pollution prevention, and Above: Falls Brook, Indian Lake - Photo © Carl bill aimed at updating the Adirondack Heilman ll/Wild Visions, Inc. other priorities.

STATE OF THE PARK 2018 - 2019 6 A NATIONAL TREASURE Setback on Idle Prison Could We Can All Land Bank Be Put Back to Use Get Along Neither house passed a bill that would The Senate passed a resolution seeking a Sen. Brian A. Benjamin, have authorized the 250-acre land bank Constitutional Amendment authorizing the D-Manhattan, needed to carry out the Constitutional transfer of the former state prison Camp introduced legislation Amendment known as the Health and Gabriels near Saranac Lake to a private (S.8415) that would Safety Land Account (Ballot Proposal 3, party. The forests around the prison campus require the state to 2017). Legislation adding a minimum of were added to the NYS Forest Preserve provide anti-bias and 250 acres is needed to compensate the long ago. The remaining campus consists inclusion training to all use of an equal amount of Forest Preserve of buildings and roads, but is state owned, Benjamin state employees. lands by local governments. Until that so its legal status as “Forever Wild” Forest is approved, the land account cannot be Preserve is presumed. The Assembly didn’t utilized. Last year, voters authorized a act on the resolution. plan allowing local officials to swap out THE ASSEMBLY tiny pieces of Forest Preserve along town Great Camp, and county roadsides, where utility poles, Not Campground waterlines, broadband cables, or bike The Senate passed a bill by Senator Climate Policy lanes are needed. Once the 250 acres is Little (S.2647/A.2910) that would used up, the bank would expire. Should be Law transfer management of Great Camp The Assembly passed the Climate and Santanoni in Newcomb from the Dept. of Community Protection Act (A.8270B) Environmental Conservation (DEC) to the sponsored by Assembly Environmental THE SENATE Office of Parks, Recreation and Historic Conservation Chairman Preservation (which operates historic sites Steven Englebright, and campgrounds). The DEC is already D-Setauket, for the third Lake Survey under pressure to allow more intensive consecutive session. The use of this Forest Preserve site. It should bill commits the state Survives be treated as an integral part of the Forest to producing half of its Sen. Elizabeth Little, R-Queensbury, Preserve, not a separate historic site, energy from renewable secured $250,000 in new funding in the demonstration farm or campground. The Englebright sources by 2030 and state budget for acid bill was also sponsored by Assemblyman reaching 100 percent rain related research Stec. The Assembly didn’t act on the bill. renewable energy production by 2050. This and monitoring in the would make mandatory a policy goal of the Adirondack Park. The Missing Cuomo administration. The bill also requires money will help keep fair labor standards and directs investments the Adirondack Lakes Title The Senate passed a bill sponsored by to disadvantaged communities. The Senate Survey Corp working at didn’t act on this bill. Little a higher level following Senator Little (S.7939) to clean up the last a loss of other funds. loose ends of the enormous and complicated deed dispute involving landowners around Right Heavier Damage Raquette Lake, in Hamilton County, which on Rights voters authorized in a 2016 Constitutional The Assembly passed a resolution Invited Amendment (Proposal 4, 2016). The (A.6279/S.5287) seeking voter permission The Senate’s budget bill included a provision Assembly did not act. to add Article 1, that would have increased by 50 percent the Section 19 to the NYS weight limit for all-terrain vehicles (ATVs) State Would Lift Constitution granting that may be registered for use in New York. citizens the right to clean The bill would have introduced a new class Tax Burden The Senate passed a bill sponsored by air, clean water and a of multi-passenger Utility Task Vehicles, healthful environment. inviting a much higher volume of use. The Senator Little (S.138A) that would establish The Environmental Bill Senate bill didn’t ban ATVs from the Forest a forestry stewardship Carlucci of Rights was sponsored Preserve or establish strong penalties for and habitat conservation by Assembly EnCon trespass. Allowing larger ATVs in higher credit for personal income Chairman Englebright and Sen. David numbers would increase damage to trails. and business franchise Carlucci, D-Rockland/Westchester. The The Assembly opposed the change. taxes. The bill was also sponsored by Adirondack Senate didn’t act on the resolution. Assemblymembers Carrie Woerner Woerner, D-Round Lake, Dan Stec, R-Queensbury, and Billy Jones, D-Chateaugay. The Assembly didn’t act on the bill.

STATE OF THE PARK 2018 - 2019 7 A NATIONAL TREASURE THE COURTS

Fighting Acid Rain Yes & No DEC Can Go Trumps Inaction Begs Appeal Back and Say No The U.S. District Courts in Baltimore In May, a split 3-2 Appellate Division In February, the Appellate Division of and Manhattan delivered twin victories ruling said that public snowmobiling the NYS Supreme Court helped protect to the Adirondack Park in June when could potentially be authorized by the the Adirondack Park when it refused they ordered the U.S. Environmental Dept. of Environmental Conservation to hear an appeal of the state’s decision Protection Agency (EPA) to act on (DEC) on a bridge, such as the Polaris to withdraw its 2013 approval for a tar two separate petitions to curb the air Bridge over the Hudson River in sands oil-handling facility in the Port pollution that causes acid rain and Newcomb, even if it’s within a river of Albany. Currently, oil companies in smog in the Northeast. Both courts set corridor protected from new or changed North Dakota are transporting millions fall deadlines for the EPA to make a uses by a Wild, Scenic and Recreational of gallons of Bakken crude per year final decision. In 2017, the Adirondack Rivers Act (WSRRA) designation. The through the Adirondack Park to the Council, Environmental Defense and Polaris Bridge was built two decades Port of Albany via the Canadian Pacific Chesapeake Bay Foundation joined the ago by timberland owners Finch, Pruyn Railway. Adding tar sands from Alberta, State of Maryland and others to seek & Co. to carry logging trucks across Canada could have doubled the traffic, relief from pollution created by the 36 the river, and was used by recreational which runs for 100 miles along the Park’s dirtiest coal-fueled power plants in the leaseholders and their guests. The bridge eastern border, perilously close to the nation. All are in the Midwest. The was never open to public snowmobiling shore of Lake Champlain. “good neighbor” provision of the Clean before the state bought it and should not Air Act requires the EPA to prevent be now. This bridge was posted against DEC Can’t Go air pollution created in one state from trespass by both Finch and The Nature Back and Say No Conservancy, which owned it for roughly causing harm to another state. EPA In March, the Appellate Division of the Administrator Scott Pruitt ignored the a decade following Finch’s sale. The state Supreme Court reversed the Dept. petitions until the courts’ orders. Pruitt plaintiffs, Adirondack Wild: Friends of of Environmental Conservation’s (DEC) resigned under pressure in July. the Forest Preserve and Earth Justice, will ruling that the Old Mountain Road lead an appeal to the state’s top court. (between Keene and North Elba) had Putting the been legally converted to a ski trail when Brakes on ATVs the state created the Sentinel Mountain NYS Supreme Court Justice Peter A. Wilderness Area. The court focused on Schwerzmann ordered the Lewis County the DEC’s failure to employ the state Village of Constableville to close several Highway Law in closing the road. It is street segments to all-terrain vehicle unclear how many other roads in the other (ATV) traffic. The judge agreed that 20 Adirondack Wilderness areas might be the village had violated state laws that affected by the court’s ruling. prohibit use of public roads as ATV trails. The Adirondack Council has won several Above: Algonquin, Colden and Marcy from Goodnow Mountain - Photo © Carl Heilman similar lawsuits and was supportive of II/Wild Visions, Inc. the plaintiff’s effort. Municipalities that violate state law are inviting further ATV Polaris Bridge over the scenic Hudson River - lawlessness, including trespass on to Photo © Carl Heilman II/Wild Visions, Inc. nearby Forest Preserve lands.

STATE OF THE PARK 2018 - 2019 8 A NATIONAL TREASURE ATTORNEY GENERAL

Putting Heat Back on Lighting a Fire EPA Over Ozone Under Coal Coddler The Attorney General’s Environmental In October 2017, Attorney General Protection Bureau (EPB) won a lawsuit in Schneiderman led a coalition of 15 state June compelling the U.S. Environmental attorneys general in filing a notice of intent Protection Agency (EPA) to stop delaying to sue the EPA for not meeting the Clean action on a joint New York-Connecticut Air Act’s statutory deadline for identifying petition calling on the EPA to curb which states are affected by unhealthy Midwest smokestack pollution during the levels of ground level ozone (smog). There summer smog season. The same coal- Old Mountain Road, Sentinel Range Wilderness are still hundreds of coal-fired power fired smokestack pollution that causes plants in the U.S. contributing to smog, smog in New York’s and New England’s It Should Have acid rain and poor visibility. Following urban areas also causes acid rain in the Been Enough Schneiderman’s October notice, the EPA Adirondack, Green and White mountains. finally began issuing the designations. The Environmental Protection Bureau The petition calls on the EPA to order According to the EPA, the updated smog (EPB) vigorously supported the DEC’s the 36 worst Midwest polluters to turn standards will improve public health for ruling to close Old Mountain Road on already-installed pollution devices all, but especially for children, the elderly, to motor vehicles under its powers to when the weather is hot enough to convert people with lung diseases, and people who manage the underlying land as Wilderness nitrogen oxides, carbon monoxide and are active outdoors. under the State Land Master Plan. The volatile organic compounds into ground- Adirondack Council joined the EPB and level ozone pollution that harms public the DEC in defending this ruling in court. health and wildlife. Unfortunately, the judges overturned the Schneiderman Resigns Out of Town DEC ruling. But, the court did say that the Underwood Takes Over DEC had the power to close the road in a In May, Atty. Gen. Eric Schneiderman on a Rail … different way if it wanted to. resigned his office. Inspector General The EPB worked with Gov. Andrew Barbara Underwood was appointed Cuomo, Comptroller Thomas DiNapoli, by the Legislature to the Dept. of Environmental Conservation replace him, making (DEC), and the Adirondack Park Agency Underwood the first to persuade Iowa Pacific Holdings (IPH), woman to serve as LLC of Chicago to stop storing old oil Attorney General tankers in the Adirondack Park. The for the State of state brought a complaint to the federal New York. She will Surface Transportation Board and Underwood hold the post until successfully petitioned for waivers that January, when she will facilitate the state’s case. The state will yield to the candidate elected in is moving forward with a proceeding November. Underwood is not running against Iowa Pacific. L-R: Board Chair Robert Kaﬁn, Comptroller for election. Thomas DiNapoli, Environmental Protection Above: Sunrise from the Hurricane Mountain - Bureau Chief Lemuel Srolovic and Attorney Photo © Carl Heilman ll/Wild Visions, Inc. Allison Fultz - Photo Jonathan Grandchamp

STATE OF THE PARK 2018 - 2019 9 A NATIONAL TREASURE The Trump administration is To better preserve pure rolling back environmental water, pristine forests, rare protections. People need New wildlife, solitude, and public Overuse 2500 York to showcase a better safety, a series of proven, of 2250 way. The world-class natural reliable methods for managing resources of the Adirondacks, the popularity of natural High Peaks 2000 and the dedicated professionals areas should be implemented. TRAILS and who work for the state’s These actions will help 1750 environmental agencies secure the future of the summits deserve increased Adirondacks as a continuing 1500 (based on PEAK parking) investments in success, as a globally unique 1250 Boreas Ponds and the High Peaks stewardship and ecological reserve, and a Photo © Carl Heilman II better protections national treasure. to preserve and sustain the success 1. Commit to comprehensive of the Park for “regional” planning. 750 future generations. 500 PRESERVING ADIRONDACK WATERS In the Adirondacks we 2. Expand education and can and should show promotion of alternative 250 AND WILDLANDS AS FOREVER WILD the world how people and destinations. nature can thrive together. 3. Improve but don’t expand Parking PEAK Parking parking and front-country Capacity DEMAND ( 1,000) (2,100) The Adirondacks are more of infrastructure. Thank you to Governor Andrew M. The Forest Preserve a national treasure than ever Cuomo, New York State, tens of 4. Redesign and rebuild because the Boreas Ponds were thousands of Adirondack Council stunning grandeur of the state’s is a priceless resource. trails and backcountry included in an 80,000-acre citizen advocates, the BeWildNY tallest mountains, clean waters, infrastructure. expansion of the now 275,000- coalition, and our partners. wildlife, and communities. The It deserves the world- acre High Peaks Wilderness Area. bad news is that too many class protection 5. Limit use, at some With the Governor’s classification visitors in too few places are locations during times of compromise done, attention now placing people at risk, harming New York can peak use, when overuse turns to addressing overuse. the environment, and spoiling threatens visitor safety, the The good news is that more the wilderness experience. afford to give it. natural resource, and the people are coming to the wild character of the user’s Adirondacks to experience the experience. 6. Hire more rangers and other Overuse is degrading staff, and increase funding. natural resources, The NYS Dept. of Environmental threatening visitor safety, Conservation employed some of these methods recently. These and harming the wild were good first steps. character of “Forever We can and should do more to protect this legacy for Wild” state-owned lands generations to come. and waters.

Overuse in the High Peaks Overuse killing trees on Photo: Nancie Battaglia Ampersand Mountain Photo: Nancie Battaglia STATE OF THE PARK 2018 - 2019 10 A NATIONAL TREASURE The Trump administration is To better preserve pure rolling back environmental water, pristine forests, rare protections. People need New wildlife, solitude, and public Overuse 2500 York to showcase a better safety, a series of proven, of 2250 way. The world-class natural reliable methods for managing resources of the Adirondacks, the popularity of natural High Peaks 2000 and the dedicated professionals areas should be implemented. TRAILS and who work for the state’s These actions will help 1750 environmental agencies secure the future of the summits deserve increased Adirondacks as a continuing 1500 (based on PEAK parking) investments in success, as a globally unique 1250 Boreas Ponds and the High Peaks stewardship and ecological reserve, and a Photo © Carl Heilman II better protections national treasure. to preserve and 1000 sustain the success 1. Commit to comprehensive of the Park for “regional” planning. 750 future generations. 500 PRESERVING ADIRONDACK WATERS In the Adirondacks we 2. Expand education and can and should show promotion of alternative 250 AND WILDLANDS AS FOREVER WILD the world how people and destinations. nature can thrive together. 3. Improve but don’t expand Parking PEAK Parking parking and front-country Capacity DEMAND (<1,000) (2,100) The Adirondacks are more of infrastructure. Thank you to Governor Andrew M. The Forest Preserve a national treasure than ever Cuomo, New York State, tens of 4. Redesign and rebuild because the Boreas Ponds were thousands of Adirondack Council stunning grandeur of the state’s is a priceless resource. trails and backcountry included in an 80,000-acre citizen advocates, the BeWildNY tallest mountains, clean waters, infrastructure. expansion of the now 275,000- coalition, and our partners. wildlife, and communities. The It deserves the world- acre High Peaks Wilderness Area. bad news is that too many class protection 5. Limit use, at some With the Governor’s classification visitors in too few places are locations during times of compromise done, attention now placing people at risk, harming New York can peak use, when overuse turns to addressing overuse. the environment, and spoiling threatens visitor safety, the The good news is that more the wilderness experience. afford to give it. natural resource, and the people are coming to the wild character of the user’s Adirondacks to experience the experience. 6. Hire more rangers and other Overuse is degrading staff, and increase funding. natural resources, The NYS Dept. of Environmental threatening visitor safety, Conservation employed some of these methods recently. These and harming the wild were good first steps. character of “Forever We can and should do more to protect this legacy for Wild” state-owned lands generations to come. and waters.

Overuse in the High Peaks Overuse killing trees on Photo: Nancie Battaglia Ampersand Mountain Photo: Nancie Battaglia STATE OF THE PARK 2018 - 2019 11 A NATIONAL TREASURE OTHER AGENCIES

Fighting Carbon Acknowledging a Olympic Helps Economy Salty Problem Upgrades In April, an independent study of the In May, the NYS Dept. of Transportation The Olympic Regional Development Regional Greenhouse Gas Initiative (DOT) announced two pilot programs Authority (ORDA) responded positively (RGGI) showed that the decade-old to reduce the troubling build-up of road this spring to concerns expressed by program has injected $4 billion into salt in Mirror Lake in the Village of Lake the Adirondack Council over potential economies of the Northeast states since Placid and in Lake George. A recent environmental and legal hurdles in the 2009. The three-year study by the Analysis study completed by the Adirondack its plans to upgrade Olympic facilities at Group says those benefits continued even Watershed Institute shows that there is also Whiteface, Gore Mountain and Mt. Van as the program grew more ambitious. widespread salt contamination in drinking Hoevenberg. The Authority addressed water where wells and other subsurface the Council’s concerns of accounting for Comptroller and water supplies are close to highways all ski trail mileage allowed at Whiteface Buffett Agree maintained by the DOT. under the NYS Constitution. It also agreed In December of 2017, Comptroller Thomas to the Council’s request to add more acres of Wilderness to the Forest Preserve to DiNapoli leveraged the state’s investments when he requested that Berkshire-Hathaway off-set a smaller transfer of land to the less CEO Warren Buffett remove his company’s protective Intensive Use classification, as derelict oil tank cars from storage on a rail was done at Gore Mountain. line north of North Creek. Buffett agreed and removed the cars. Unfortunate NYS DOT plow and salt truck Sign of Times Broadband Dispute The DOT’s decision to post “Cultural Planned Response to Attraction” signs on selected exits of vs Service Road Salt Problems The Governor has pledged 100 percent the Northway (I-87) contravenes long- The NYS Department of Health (DOH) high-speed broadband coverage in standing state policy against “service” has been slow to react to evidence of isolated parts of the state, including across signs on the Adirondack portion of the widespread contamination of drinking the Adirondack Park. The state provided highway and violates the spirit if not the water supplies in the Adirondack Park due law regarding Adirondack signs. millions to Charter Communications to to road salt applied to state-maintained make this happen. Everyone seemed to highways. The DOT’s reaction has been be declaring, “mission accomplished,” Authority Funds less than needed. but then it became clear that there would Acid Rain Monitoring be real gaps in coverage. Since then the Transportation The New York State Energy and Research Governor and Charter have been critical Authority approved a five-year, up to of each other. The residents, communities Planning for the Park $500,000 contract with the Adirondack and businesses in the Adirondacks need The DOT completed a Generic Travel Lake Survey Corporation to support long- high-speed broadband, not a fight over Corridor Unit Management Plan for term monitoring of select waters in the who to blame for failures. State Highway Travel Corridors in the Adirondack Park impacted by acid rain. Adirondack Park.This provides guidance Above: Gore Mountain State Ski Center and for management of state road corridors the Siamese Ponds Wilderness - Photo © Carl throughout the Park. Heilman II/Wild Visions, Inc.

STATE OF THE PARK 2018 - 2019 12 A NATIONAL TREASURE LOCAL GOVERNMENTS

Redirecting Traffic North Elba Wants through its Solarize project. Both were rewarded for their development of major in High Peaks Road Rights green energy projects. The program eases Keene Town Supervisor Joe Pete Wilson The Town of North Elba kept alive a community investments in renewable led a group of local officials who joined lawsuit that nullified state action closing energy in an effort to fight climate change with conservation organizations to help a Wilderness trail to motorized traffic. and decrease energy needs across the state. the state to better manage large crowds of A state court ruled that the Department hikers flowing to the eastern High Peaks of Environmental Conservation (DEC) Saying ‘No Thanks’ Wilderness Area and surrounding peaks. made mistakes when it closed the trail to Wilson pointed out that the addition of vehicles in the Sentinel Range Wilderness to State Salt Boreas Ponds and other tracts to the Area. The Adirondack Council joined the Local officials in the Village of Lake High Peaks Wilderness Area creates state to defend the state’s right to close Placid, the towns of North Elba and an opportunity to redirect some of the roads in Forest Preserve Wilderness areas. Wilmington in Essex County, and the traffic that overwhelms his small town The court said the DEC could still act to towns of Lake George, Queensbury and on summer and fall weekends into formally close the right-of-way. Bolton in Warren County, have led the communities that need the economic effort to reduce the impact of road salt boost it would provide. Warren, Essex Send on local lakes, rivers and underground aquifers. All are working with local not- Chicago Company Home for-profit organizations and NYS Dept. of This spring, Warren County officials Transportation to reduce annual tonnage voided their contract with Iowa Pacific and find alternative de-icing options. Holdings (IPH) LLC after the company failed to meet its obligations to the county. Dacks Axe Essex County officials also urged the company to leave. IPH of Chicago had Tax Hacks promised to operate a cargo service but The Adirondack Association of Towns instead stored nearly 100 tankers on the and Villages, Adirondack Park Local Car traﬃc at an Adirondack trailhead rail line between North Creek, Warren Government Review Board, Warren County, and Newcomb, Essex County. County Board of Supervisors, and Trying to Save The Adirondack Council hired legal Hamilton County Board of Supervisors Gooley Camp experts in railroad law to help, and several joined with the Adirondack Council, The state and local officials and The state officials also assisted in urging Catskill Center for Conservation and Nature Conservancy all agreed that the IPH to remove itself from the line. IPH’s Development and other organizations to former Gooley Club buildings in the equipment had been removed by August. create the Forever Taxable Coalition. The Essex Chain Lakes Primitive Area were coalition opposed Gov. Andrew Cuomo’s to be removed or razed by October 1, so Keene, Queensbury budget plan to halt the state’s property the lands and waters can become part Solarize tax payments on all Forest Preserve, and of the “Forever Wild” Forest Preserve. replace them with a complex payment The towns of Keene, Essex County, formula. The state has been obligated to The club’s limited, retained access to the and Queensbury, Warren County, have buildings expires this fall. The club can pay property taxes on all Forest Preserve won designations as Clean Energy since 1886. move to a 3,000-acre tract of timberland Communities by the NYS Energy nearby. Local politicians should not be Research and Development Authority Above: Saranac Lake - Photo © Carl Heilman trying to save these buildings. II/Wild Visions, Inc.

STATE OF THE PARK 2018 - 2019 13 A NATIONAL TREASURE DEPT. OF ENVIRONMENTAL

CONSERVATION Photo © Carl Heilman II/Wild Visions, Inc.

Whistle Blows Coal Plants Forest Preserve for Junkyard Choked Out Crowd Control In December 2017, the Department of In July, Commissioner Seggos held In June, Commissioner Seggos introduced Environmental Conservation (DEC) hearings on proposed emissions the state’s first hiking reservation system, Commissioner Basil Seggos filed a regulations that will benefit the establishing a program at the Peekamoose successful petition for waivers and Adirondack Park. By tightening carbon Blue Hole, a popular destination in the exemptions with emissions caps at all power plants, the Sundown Wild Forest of the Catskill Park. the federal Surface DEC will compel the two sources of coal- The new system is designed to balance the Transportation Board fired smokestack emissions nearest to the goals of ensuring public access to the Forest (STB) as part of an effort Adirondack Park to shut down by 2020. Preserve, while reducing environmental to remove Iowa Pacific This will reduce the acid rain, smog and damage and enhancing public safety. Holdings LLC as the fine particle pollution currently harming operator of a railroad the Park’s forests and waters. It will also Thinking Bigger… Seggos between North Creek help curb climate change. Better Planning and Newcomb. The DEC The DEC is moving closer to adopting argued that the company has stopped internationally recognized landscape-scale operating a railroad and had turned the conservation techniques that are needed to line into an industrial junkyard. The STB adequately manage the natural resources granted most of the state’s requests. Soon and recreational demands of the Adirondack after, the company announced it would Park. Rather than consider each of the 100- be removing the junked oil tanker cars plus Forest Preserve units in isolation, the and leaving the Adirondack Park. Parts DEC has begun combining adjacent units of the railroad sit on “Forever Wild” and planning for them together. This is an Forest Preserve, while others are adjacent excellent first step towards stewardship to rivers protected by the state’s Wild, Photo: Nancie Battaglia essential for preservation. Scenic and Recreational Rivers program. On the Demands Answer Lack of Personnel Right Trail Endangers ‘Dacks on Clean Air In June, the DEC announced that by The state’s decision to keep DEC staffing The DEC filed a petition under the Clean Columbus Day weekend the state would close to 25 percent below where it was just Air Act’s Good Neighbor provision calling take action to promote sustainable tourism ten years ago, and quietly eliminate the on the U.S. Environmental Protection and better protect the Park’s visitors, Endangered Species Unit, has led to the Agency (EPA) to curb pollution from the natural resources and wild character by Department having trouble completing 36 dirtiest coal-fired power plants in the limiting overflowing trailhead parking in work. A recent report from the U.S. Fish & Midwest. The DEC was trying to protect the High Peaks, especially at lots on busy Wildlife Service indicated that the DEC no New York from smog and acid rain. EPA State Route 73. The DEC worked with the longer had sufficient trained personnel to Administrator Scott Pruitt, who resigned Dept. of Transportation to better delineate complete peregrine falcon surveys. In his in July, ignored New York’s petition and the parking lots. Other measures include a budget testimony before the Legislature, refused to turn on the plants’ already- social media campaign and leave-no-trace the Commissioner did not agree with the installed pollution controls. The DEC principles; electronic message boards on representatives of the Department’s Forest referred the petition to the NYS Attorney Rt. 73; information kiosks; additional Rangers and Environmental Conservation General. In June, New York won an portable restrooms; and, promotion of Officers who said they needed more staff. order from a U.S. District Court judge underutilized hiking options. The dedicated, hard-working staff needs compelling the EPA to make a ruling. more support.

STATE OF THE PARK 2018 - 2019 14 A NATIONAL TREASURE Need New Well, if it’s Forest Preserve whenever a state purpose is endangered by such road.” Instead, DEC Drawing Board Already Ruined … has left the trail open to motorized uses In June, the DEC submitted to the As managers of the Forest Preserve, the inside of the Wilderness area. Adirondack Park Agency flawed DEC has overemphasized recreation at the management plans for the High Peaks expense of careful protection of priceless Wilderness Area and Vanderwhacker natural resources. There has been a flurry Mountain Wild Forest. Both plans of unit management plans proposed in contained elements that were out-of- recent years that routinely contain additional compliance. For example, they added road and snowmobile trail mileage, more 12.4 miles of roads, when an increase parking and additional motorized access. in motorized roads is prohibited. The All of these can significantly increase DEC also short-circuited the public impacts on the Forest Preserve. Protection of Schuyler Island and Trembleau Point - review process when it declared that natural resources appears to be a secondary Photo © Carl Heilman II/Wild Visions, Inc. the plans would have no significant consideration, although the Adirondack Park environmental impact. Together, the two State Land Master Plan (SLMP) requires Growing the plans cover more than 300,000 acres of the opposite. Preservation of the natural nearly contiguous Forest Preserve. While resources and wild character of the Forest Forest Preserve In April, the state acquired the 618- the approved plans include some very Preserve should be the priority. acre Trembleau Mountain tract on Lake positive actions, and are a step in the right Champlain, including more than one mile direction, they are flawed and could and Clear-Cut of undeveloped shoreline, which will be should be better. Destruction added to the Adirondack Forest Preserve. In order to more easily transport Located in Chesterfield, Essex County, materials to repair the Big Otter Lake the parcel was purchased with $676,000 Trail, the DEC clear-cut 40’ x 40’ drop from the Environmental Protection Fund. zones for helicopter delivery of bridge Unbroken shoreline is rare on Lake building materials in the Ha-De-Ron-Dah Champlain. Wilderness Area. In recent years, the DEC has also gained permission to use non- Lake George Beaches natural materials for bridges on the Forest Deserve Clean Water Preserve to ease in maintenance. The DEC The DEC is working with other agencies needs to preserve the wild, not cut it down. and local officials to try and halt all contamination coming from untreated Jamestown Falls and the Raquette-Boreal No, We Already sewage, faulty septic systems, and Primitive Area - Photo © Carl Heilman II/ Settled That developed areas of Lake George’s Wild Visions, Inc. In August, the DEC told local officials that southern basin. For a third consecutive the buildings comprising the Gooley Club summer, the swim season was marred at Dozing a on lands formerly owned by Finch, Pruyn Million Dollar Beach in Lake George due New Path & Co., would be razed or removed by to E.coli bacteria. Beach closures reflect In September 2017, the DEC announced October 1, in accordance with the approved poor stewardship of our most essential it would construct 1.25 miles of new road management plan. Local officials pressed the natural resources and drive away visitors on private lands between the Carry Falls state to retain the buildings after the publicly who have a right to expect clean water in Reservoir and the West Branch of the St. vetted plans were already complete. Some the Adirondack Park. Regis River. The new road would have local officials identified the former hunting opened a vast area to public motorized club lodges as a location for public “hut- Bucks to Fight rereation, threatening the Raquette-Boreal to-hut” camping, despite a constitutional prohibition on non-administrative buildings Aquatic Invasives Primitive Area and lands recommended In June, the Paul Smith’s College on the Forest Preserve. by the Adirondack Council to become the Adirondack Watershed Institute received a 73,000-acre Raquette-Boreal Wilderness five-year, $9.3 million contract from New Area. This road would invite public Time to York State to implement the Adirondack vehicles into a rare and sensitive, low- Shut it Down Park Aquatic Invasive Species Prevention elevation spruce/fir forest, normally found The State Supreme Court ruled in March Program. The agreement funds a region- only in Canada and Siberia. The proposal that the state could use NYS Highway Law wide voluntary watercraft inspection and was withdrawn after objections were Section 212 to prohibit motorized traffic decontamination program to try and stop raised, but the state has indicated that they on the Jackrabbit Ski Trail in the Sentinel the introduction, spread, and transport of will try again. Range Wilderness. They wrote that the law aquatic invasive species such as Eurasian “vests DEC with the authority to order the watermilfoil, zebra mussels and spiny abandonment or discontinuance of a road waterflea. Fifty-eight stewards will be passing over or through lands within the funded at locations across the Park.

STATE OF THE PARK 2018 - 2019 15 A NATIONAL TREASURE ADIRONDACK PARK AGENCY

Wilderness for Recreation Prioritized Boreas Ponds Over Preservation In March, the Adirondack Park Agency When the APA approved the High (APA) board voted to classify a large Peaks and Vanderwhacker Unit portion of the recently acquired Boreas Management Plans, it prioritized Ponds tract as motor-free Wilderness. recreational infrastructure over natural It also classified other new state lands resource protection. This was in direct to facilitate an expansion of the High contradiction to the Adirondack Park Peaks Wilderness Area to 275,000 State Land Master Plan (SLMP), acres. The new Wilderness will be Gothics from Boreas Ponds which requires that the protection of slightly larger than Rocky Mountain the natural resource be the priority, National Park in Colorado and almost Rush to not the accommodation of a variety twice the size of Zion National Park Judgement Anyway of recreational and motorized uses. in Utah. The classification package In July, the APA rushed approval of The SLMP has the force of law, and preserves enormous new areas of high- management plans for the High Peaks is the guiding document for the APA’s elevation wetlands, rare wildlife habitat Wilderness Area and Vanderwhacker oversight of the DEC with regard to state and sensitive forest that enhance the Mountain Wild Forest. The Dept. of management of the Forest Preserve. ecological integrity and wild character of Environmental Conservation (DEC) the High Peaks Wilderness Area. worked with the Park Agency to prepare More Roads both plans, which cover more than Bad Process Delay 10 percent of all of the public land in This spring, the APA approved the DEC’s Relieves Pressure the Park, and said the proposals had management plans for the more than In November 2017, the APA Board no potential for significant negative 375,000-acres in the High Peaks and delayed action on a final recommendation environmental impact. Public comments Vanderwhacker Units despite their flaws, to the Governor on the classification to the DEC and APA on these plans including: no analysis of the addition of package for the Boreas Ponds tract identified material errors and elements 12.4 miles of new Forest Preserve roads, and other new parts of the High Peaks that were out-of-compliance with the although the SLMP prohibits any material Wilderness Area. This was wise given Adirondack Park State Land Master increase in roads; no assessment of the the pressure on the Agency at that time to Plan. But the APA certified the modified carrying capacity for new public water approve commercial hut-to-hut overnight plans as compliant without allowing for bodies; and, the addition of an entire accommodations on the Forest Preserve a public comment period on what they section on rock/ice climbing without near Boreas Ponds as part of that package. accepted. This was defended even as public input. The state pledged to address By waiting until spring to make a material deficiencies were acknowledged. the issues of roads and carrying capacity decision, the Agency allowed that tempest New “concurrent comment periods” that after approval. to pass before acting. limit opportunities for public review and Above: Upper Hudson River - Photo © Carl comment frustrate efforts for open and Heilman ll/Wild Visions, Inc. transparent decision-making.

STATE OF THE PARK 2018 - 2019 16 A NATIONAL TREASURE Day Use Areas Preserving Park in Wilderness Towers Policy Feldman Takes Helm The APA approved the designation of The APA took substantial steps in at Park Agency “day use areas” at the Boreas Ponds Dam, protecting the “substantially invisible” In June, Gov. Andrew Cuomo Chapel Pond and Henderson Lake Dam doctrine of its Telecommunication appointed Adirondack Park Agency although these sites should be managed as Towers and Tall Structures Policy when (APA) Board Member Karen Wilderness. This description could lead it approved the McCauley Mountain Feldman as the to confusion by the general public about emergency tower in Herkimer County. board’s Acting the types of infrastructure and uses that While the emergency tower would exceed Chair. Feldman, of will be allowed in these areas. Other “day the height standard, the APA noted Hudson, Columbia use areas” have intensive recreational the exception was necessary to protect County, takes the amenities, and are often managed as part “public health, safety and welfare.” The place of Sherman of state campgrounds. Agency’s policy on telecommunications Craig of Wanakena, towers has been a model for the entire Feldman St. Lawrence nation, and has allowed the expansion of County, who retired cell phone and broadband service, while from the board in preserving the natural character and July. Feldman is an beauty of the Adirondacks. attorney who has served on the APA Amusement Park board since June of or Adirondack Park 2013. Also, Barbara The APA’s approval of the Olympic Craig Rice resigned Regional Development Authority efforts from the APA to to modernize trail and lift facilities and accept a state economic development improve infrastructure at their facilities position, so this leaves two of the 11 was generally legal and environmentally seats vacant, while four members Photo: Jamie West-McGiver responsible. However, it also approved a (Feldman, Ernst, Lussi, and Thomas) number of amusement style attractions continue to serve even while their Guiding Mountain (such as a zip line and mountain coaster) terms have expired. Members serve that threaten to undermine the unique until replaced or until they resign. Bike Trails nature of these Olympic landmarks. The APA approved a new mountain bike trail guidance document that will All help create well-designed, ecologically sensitive, and low-impact single-track Quiet! trails within the Forest Preserve. As The Park Agency has taken no action mountain biking use continues to grow advancing or approving a permit for large regionally, the prudent use of these noisy commercial parties at a camp on guidelines will help managers protect Raquette Lake. This non-action could natural resources and landscapes while help local stakeholders and businesses encouraging single-track mountain biking restore and preserve the peace and quiet opportunities on appropriate Wild Forest on and around Raquette Lake. areas of the Adirondacks. Too Better Application Quiet! Better Subdivisions As concerns grow and are voiced The APA took a necessary first step in about increased cutting and potentially addressing deficiencies in the design unsustainable rates of harvesting of trees and construction of large development on commercial forest lands in the Park, projects on sensitive Adirondack lands the Park Agency has been strangely quiet. when it revised its application for large- The APA should be a leader in a dialog scale subdivisions. While major reform about new and improved incentives and is needed to create true conservation updated regulations to support modern designed subdivisions, this new sustainable forest management and carbon application should improve efficiency, sequestration. help clarify project requirements, and help ensure that proposed projects include protection of open space, wildlife and Commerical forest lands east of Carry Falls Resevoir, St.Lawrence County habitat resources.

STATE OF THE PARK 2018 - 2019 17 A NATIONAL TREASURE FEDERAL GOVERNMENT

Milestone Measured in the Air Richard Brandt of the University at 1995, the average pH of clouds passing Albany’s Atmospheric Sciences Research over Whiteface Mountain was 4.0. Since Center measures cloud water chemistry then, the average has steadily risen to in the weather station atop Whiteface 5.0. In the 1970s, cloud pH at Whiteface Mountain for the U.S. Environmental hovered as low as 2.6, nearly the same as Protection Agency (EPA) Air Division. vinegar or lemon juice. Unpolluted rain He helps New York determine whether has a pH of 5.5. There is still more work the Midwest air pollution reductions to do to halt acid rain’s impact entirely ordered by the EPA have cleaned up air and allow the Park to recover, but real quality in the Northeast. The acidity of progress has been made. clouds dictates the acidity of the rain and snow that falls out of them. Prior to the Whiteface Mountain, Essex County - Photo © Carl Heilman ll/Wild Visions, Inc. start of the federal Acid Rain Program in

Henhouse Foxes Bite EPA, Clean Air The Trump administration continued its war on the EPA and clean air in 2018, when it proposed a 31-percent cut in the EPA’s budget (rejected by Congress) and refused to enforce the Clean Air Act. EPA Administrator Scott Pruitt ignored New York’s and Connecticut’s petitions asking for relief from smog generated by coal- fired Midwest power plants. The Clean Air Act’s Good Neighbor provision prohibits one state from causing smog in another state. Pruitt resigned in July under the cloud of 13 federal investigations into his conduct. President Trump appointed Pruitt colleague and fossil fuel lobbyist Andrew Wheeler as acting EPA administrator.

STATE OF THE PARK 2018 - 2019 18 A NATIONAL TREASURE Clean Water, Clean Air Opposing Junk Stefanik Votes Trumps Trump Oil Trains to Protect Wildlife In February, Congress put aside partisan In January, Senators Schumer and In 2017, Rep. Elise Stefanik voted against differences and rejected the Trump Gillibrand called upon the federal Surface a House budget bill that contained a administration’s attack on the EPA’s Transportation Board (STB) urging provision opening the Arctic National budget when it approved regulators to stop Wildlife Refuge in Alaska to oil drilling. a $1.3-trillion spending Iowa Pacific Holdings The bill still passed. The Adirondack plan that will continue (IPH) LLC, of Chicago Council is part of a national coalition through the Federal from storing derelict supporting wilderness preservation in 2018 Fiscal Year. Under oil tank cars on the Alaska and the Adirondacks. the plan, the EPA Adirondack Forest received a $763-million Preserve. “Legitimate Stefanik Votes Tonko increase, providing Schumer freight rail operations Against Refuge funds for important are an important part of In 2017, Congresswoman Stefanik voted environmental and our economy, but using to support a bill (H.R. 218) sponsored by public health priorities. an old rail line in the Rep. Don Young, R-AK that allows road Funding for acid rain middle of a state park construction through Alaska’s Izembek and climate research to store outdated tanker National Wildlife Refuge and Izembek remained at current cars is an unacceptable Wilderness, without environmental levels. The Council outcome and must be review. The Senate did not act on the bill. thanked U.S. Rep. Paul Gillibrand prohibited,” said Senator Faso Tonko, D-Amsterdam, Schumer’s letter. IPH Clearing a Path for who led a coalition press won the Senator’s support in 2011 when conference in Albany in February calling it proposed using the Saratoga and North Water, Wildlife for the EPA’s budget to be saved, as well Creek Railway to haul mine tailings from The U.S. Fish & Wildlife Service has as Rep. Elise Stefanik, R-Willsboro, who former iron mines in Newcomb. been working with the AuSable River asked fellow majority members to support Association and the Adirondack Chapter the EPA’s acid rain program, as did the Lake Champlain of The Nature Conservancy to improve late Rep. Louise Slaughter, D-Rochester, stream and river passages beneath roads Funding Increased to allow safer fish and wildlife passage and John Faso, R- Kinderhook. Senate Congresswoman Stefanik and Rep. Peter Minority Leader Charles Schumer, D-NY, and prevent washouts during storms. In Welch, D-VT, secured approval of $8.4 mountainous areas such as the Adirondack and Kirsten Gillibrand, D-NY, won million for funding for support for the EPA in the Senate. Park, a rapidly changing climate can the Lake Champlain trigger surprise storms and deepen major Emissions Basin Program for events such as blizzards and hurricanes. In fiscal year 2019. This 2011, Hurricane Irene and Tropical Storm Switch was an increase of $4 Lee caused extensive flooding, washouts In July, the Trump administration drafted million in funding for and property damage in the Park. a new proposal to regulate carbon dioxide the program which is emissions from coal-fired power plants. Stefanik critical to protecting the It is far less stringent water, fish and economy than the Obama in and around the lake in Vermont and administration’s 2015 New York. The Trump administration and Clean Power Plan (CPP), House appropriations proposed a cut. Thank You, Adirondack which President Trump repealed. The CPP Park Advocates! called for a 32-percent This year, thousands of Adirondack Trump cut in power plant Council advocates took action greenhouse gases by to expand wildlands, preserve 2030. Experts said the replacement rule clean water and clean air, protect would allow the Trump administration to wildlife, address overuse, and avoid lawsuits over repeal of the CPP, but said the new plan would do little to curb more. Your personal letters, phone climate change. calls and emails to policymakers helped secure positive results for the Park. Your continued Left: The Lake Champlain Bridge overlooking Port Henry - Photo © Carl Heilman ll/Wild involvement is essential to Visions, Inc. protecting the Adirondack legacy for generations to come. Thank you!

STATE OF THE PARK 2018 - 2019 19 A NATIONAL TREASURE TIP OF THE HAT & AWARDS Photo: Kurt Gardner Photography

Partner Contributions Conservationist of the Year Each year the Adirondack Council recognizes individuals On July 14 at the Adirondack and not-for-profit organizations whose work has advanced Council’s Forever Wild Day environmental protection and shown how nature and people can celebration in Old Forge, nearly thrive together in the Adirondack Park. 250 members and friends gathered to present the 2018 The Adirondack Watershed Institute released findings of a Conservationist of the Year study funded by ADKAction and the Fund for Lake George award to Cornell University detailing heavy use of salt on state highways is responsible acid rain and fisheries research for most of the contamination of nearby drinking water wells. scientist Dan Josephson. Road salt has been showing up at unhealthy levels in wells Working from the Little Moose and springs near state roads, indicating contamination of L-R: Dan Josephson, Board Field Station for over three Member Sarah Collum Hatﬁeld underground aquifers that hold vast reserves of fresh water. decades, Josephson and his and Board Chair Robert Kaﬁn colleagues documented the need Lake Champlain Chapter of Trout Unlimited in partnership for pollution cuts, then proved with the AuSable River Association and others made the that the cuts had resulted in West Branch of the Ausable River a little wilder by removing cleaner air, less water pollution the Quarry Dam. The dam is located downstream of the and a recovery of fisheries. intersection of NYS Route 86 and River Road near Lake Placid For his lifetime of work and serves no practical purpose. Its removal will allow natural as a steward and educator, the fish passage and spawning to reach higher into the Ausable Council also honored the work of River watershed. The larger Rome Dam further retired forest ranger and wildlife downstream is also being removed. scientist Gary Lee of Inlet. Lee’s most recent work centers on L-R: Board Member Kate Russell monitoring bird health, especially and Gary Lee - Photos by Brian common loons. Styk Barnett Legacy Cheered The Adirondack Council in August honored the conservation legacy of Timothy Barnett, founding Executive Director of the Adirondack Chapter of The Nature Conservancy and past winner of the Council’s Conservationist of the Year award. Barnett was celebrated during a gathering of Council members at a Westport lighthouse overlooking Lake Champlain. Barnett trained and led a team that purchased and protected hundreds of thousands of acres of new “Forever Wild” Forest Preserve, as well as private sanctuaries. Tim retired in 2018, after 46 years with the Conservancy.

Right: Former Council Board Members and Tim Barnett (center) at Forever Wild Day, July 2017

STATE OF THE PARK 2018 - 2019 20 A NATIONAL TREASURE 2019 PRIORITIES

Federal and state elected and appointed government leaders will be making critical decisions in the year ahead that will aﬀect the legacy of the Adirondacks for all time. Priorities for 2019 include:

• Overuse: Address pressures on Wilderness preservation with better planning, expanded education, front-country (parking) and backcountry (trails) infrastructure funding, peak use management, a general ban on ATVs on the Forest Preserve, and restored staffing.

• Clean Water, Clean Air & Clean Energy: Renew and correct problems with community Clean Water loan & grant programs, dedicate funds for the Adirondacks, and take aggressive actions to address road salt. Combat acid rain and climate change by reducing emissions and promoting clean energy. Fund research & monitoring.

• Forever Wild: Defend the NYS Constitution’s “Forever Wild” clause (Article XIV). Improve state enforcement of, and compliance with, Forever Wild and other environmental, Park and wild, scenic and recreational river legal requirements.

• Forests and Farms: Secure new incentives, regulations and policies to promote healthy ecologically, aesthetically appealing and sustainable, climate smart private forestlands and working farms.

• Adirondack Park Agency: Make appointments, approve legislative and policy reforms, including new conservation design for subdivisions and science-based decision making.

• Invasive Species: Approve updated legislation, stronger protections, more dedicated funding and plans to address both aquatic and forest threats.

• Conservation Funding: Expand funding dedicated for clean water, clean air, preservation of wildlife and wildlands, Parks and agency budgets, broadband, and more vibrant diverse communities. Restore part of the more than 25-percent reduction in environmental agency staffing.

The Adirondack Council is committed to our mission, our values and these priorities. We will use the best available science and respect diverse views in order to achieve these results. We will employ our knowledge of the political process to be the leading advocate for the Adirondacks. We work with partners, promote diversity, and find common ground when possible. We carry on the legacy of early conservation visionaries and ensure the Park is known and protected as a national treasure.

STATE OF THE PARK 2018 - 2019 21 A NATIONAL TREASURE Adirondack Council Non-Profit Defending the East’s Greatest Wilderness Organization U.S. Postage 103 Hand Avenue, Suite 3 PAID PO Box D-2 Syracuse, NY Elizabethtown, NY 12932 Permit No. 994

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Stay Connected With Us Join our growing online community by HORNBECK following us on social media and signing up to receive Adirondack updates in your inbox! Subscribe to emails today at: CANOE RAFFLE AdirondackCouncil.org. Support Adirondack Conservation Proceeds from the sale of products help us advocate for the Adirondack Park everyday. Place your order online: AdirondackCouncil.org, or call us at 1.877.873.2240 TICKETS: PANORAMIC JIGSAW PUZZLES Bring the beauty of the Adirondacks and the stunning photography of Carl $10 each / 3 for $25 Heilman II into your home. 7 diﬀerent puzzle images - contain 616 pieces. Price: $23.00 each

2019 FOREVER WILD CALENDAR Enjoy the changing seasons of the Adirondacks and award winning photography of Carl Heilman II. Price: $14.00 each Purchase at: AdirondackCouncil.org or call us 1.877.873.2240 CLEARANCE: ADIRONDACK COUNCIL HATS Proudly display your support for Adirondack Drawing held December 14, 2018 conservation with our vintage cotton hats. One size ﬁts most. Price: $10.00 each - while supplies last!