Governor Andrew Cuomo signed off yesterday on a plan that will lead to the removal of roughly 34 miles of the historic rail corridor in the Adirondacks. Supporters of the Adirondack Scenic Railroad say they'll fight back with legal action to block the controversial project.

As outlined yesterday, the route from Tupper Lake to Lake Placid will be rebuilt into what Cuomo described as a world class multi-use trail. “The Adirondacks is home to unparalleled natural beauty, and today we are building on what makes this region so special,” Governor Cuomo said.

This action comes less than a week after the conservation department said that they were reviewing the plan approved last February by the Adirondack Park Agency to determine whether it should go forward. That news was hailed by supporters of the Adirondack Scenic Railroad, who hoped that state officials would reconsider removing the track.

But Governor Cuomo ended that uncertainty, bringing to a close six years of often ferocious public debate that pitted neighbor against neighbor. He said New York would invest roughly $23 million to restore train service from Old Forge to Tupper Lake and to build the new rail trail. Removal of the track is expected to begin sometime after November of this year when the current tourism railroad season ends.

Lawsuit already in the works

The Adirondack Railway Preservation Society (ARPS], which operates the tourist train, declined to be interviewed for this story. But the group issued a statement shortly after the decision was announced Tuesday pomising to fight the decision in court. (See the group's full press release below.) They said that they had met with the governor's staff earlier in the day and were told that the track would be removed.

In the statement, ARPS president Bill Branson argued that removing the track was misguided and politically motivated. "[T]he campaign to remove the rails has been funded by a few politically-influential individuals, who have been supportive of the Governor and who are not sufficiently concerned with the economic future of the region and the preservation of a historic resource," the statement from the Railway Preservation Society read.

Supporters of the tourism train have argued for months that the state's decision-making process was shaped unfairly by monied interests. NCPR investigated those claims and could find no evidence to support them.

The decision also drew criticism from the Adirondack Park's largest historic preservation group, which said in a statement that Cuomo's plan meant "destroying" part of an important landmark.

“We are disappointed by the Governor’s announcement, as we feel that the railroad advocates have made a strong case for the preservation of the entire 119-mile rail corridor for its economic, social, and cultural value," said Steven Engelhart, head of Adirondack Architectural Heritage.

Praise from the pro-rail-trail group

The governor's plan drew praise from Adirondack Recreational Trail Advocates, the group that has lobbied for years to remove much or all of the state-owned railroad track that stretches from Remsen in the western Adirondacks to Lake Placid. "This is awesome, I'm absolutely thrilled," said ARTA president Joe Mercurio. "It's been six long years and Governor Cuomo deserves a huge round of applause."

Mercurio expressed disappointment at the idea that the project might be delayed by litigation: "That's their choice. I think that's unfortunate. They seem to want it all. We would have liked to have had more too."

ARTA had urged the Cuomo administration to remove the entire 119-mile-long corridor, describing state funding for the tourism train as a "boondoggle."

Full press release from the Adirondack Railway Preservation Society

The Adirondack Railway Preservation Society (ARPS), operator on the Adirondack Scenic Railroad commenced a proceeding in New York Supreme Court April 11th, to challenge the Amendment to the Remsen to Lake Placid Travel Corridor Unit Management Plan (UMP) recently approved by the New York Department of Environmental Conservation (DEC). Upon submitting the legal challenge, the ARPS was advised by the DEC and Attorney General that no decision had been made, despite the signed document which appeared on the DEC website. The DEC and Governor had both recently stated that New York State was going to “rethink” the most recent Amendment. After the Railroad met with the DEC on May 17th, the Agency later sent out a press release announcing Alternative 7 will be implemented. The Amendment reverses a plan that has been in place since 1996, and which was the result of years of study. The 1996 UMP called for retaining and restoring the railroad for the entire length of the corridor from Remsen to Lake Placid. Since 1996, the Adirondack Railroad has been working closely with the New York Department of Transportation to restore the track throughout the corridor. The Amendment calls for the removal of the railroad infrastructure from Tupper Lake to Lake Placid. The Adirondack Railroad is currently operating a successful excursion train between Lake Placid and Saranac Lake, which is a key driver for many businesses in Saranac Lake that strongly support the continuation of the railroad service to Saranac Lake. The Amendment would destroy this already successful route, and foreclose the future restoration of passenger service from Utica to Lake Placid. Bill Branson, President of the Adirondack Railroad, noted that not only has the Railroad been successful in renovating miles of track since the institution of the 1996 UMP, it has turned its own finances around. Branson stated: “We have turned what was a struggling enterprise into one that is financially sound and provides exciting rail excursions to tens of thousands of riders. We now own the necessary rail equipment, and have the financial stability and volunteer base to succeed. We are an important driver of tourism in the Adirondacks, and we cannot understand why DEC is determined to destroy vital transportation infrastructure and the only operator on that infrastructure.” In addition to the DEC, the lawsuit names the Adirondack Park Agency. Before the DEC could adopt the amended UMP, the Adirondack Park Agency had to find that the Amendment was in conformance with the Adirondack Park State Land Master Plan. Branson stated that the State Land Master Plan defines the Travel Corridor as a railroad, and that it is common sense that removing the railroad from the corridor cannot be consistent with a Master Plan that calls the Unit a Travel Corridor with a railroad. Branson noted: “The proposed recreational trail will have nothing to do with ‘travel’ and the APA’s conformance finding is thus wrong. In fact, one of the APA Commissioners specifically stated this when the APA voted on the proposal.” It is important to note, that although neither cited this particular case in their resignation, APA Chair, Lani Ulrich recently submitted her resignation. Dick Booth, another APA Commissioner, also submitted his resignation yesterday, citing overreaching by the Governor’s office and conformance issues with the State Land Master Plan on a number of recent decisions. Branson further noted that the campaign to remove the rails has been funded by a few politically-influential individuals, who have been supportive of the Governor and who are not sufficiently concerned with the economic future of the region and the preservation of a historic resource. The State has been unclear about how the proposed recreational trail will be built after the rails are removed. Branson noted that converting the railroad bed, which in many places has steep banks, into a recreational trail for the public will be an extremely expensive project. Donate Now NCPR provides this essential service. You provide your essential support. The NCPR team has worked tirelessly to make sure you and your neighbors can depend on us for journalism like this story in this challenging time. And you’re essential to that work. If you’re able, please make a donation now to ensure our effort can continue to be everything you count on. “You cannot simply remove the rails and then start bicycling on the old rail bed. Large amounts of material will have to moved into very remote areas at great expense.” Branson questioned whether the State would complete the proposed recreational trail after the rails are removed. “This Amendment is less about the proposed recreational trail than it is about accommodating a few opponents of the railroad who wish to see it extinguished. I expect that what will be left after the rails are removed will be a lengthy snowmobile race track, but not the type of quiet trail associated with the Adirondack wilderness experience.” Branson noted that the DEC appeared to ignore public comments at hearings held on the proposal, and relied on flawed economic data. “We presented data showing that the completion of the project to renovate all of the track from Remsen to Lake Placid would bring tens of millions of dollars into the region. Yet DEC did not even want to accept our data for review, and wants instead to spend State money to destroy infrastructure. DEC officials were not even in the hearing room when many of members of the public spoke out on the flaws in the proposal.” The entire railroad corridor has been listed on the State and National Registers of Historic Sites, but the State now plans to destroy this historic resource. State and federal law provides that the destruction of such historic sites must be avoided or mitigated. Here, the destruction of the railroad, purportedly in order to build a recreational trail, could easily be avoided. Branson stated that there are many recreational trails already in the region, and more could be developed without destroying the historic railroad. In fact, the 1996 UMP specifically called for trails in association with the railroad, not in place of the railroad. Branson noted that many hikers, mountain bikers, canoeists and kayakers use the railroad to access trails in remote part of the Adirondacks. Branson noted that the Adirondack Railroad’s goal is to restore passenger service from Utica, which is served by Amtrak, all the way to Lake Placid. “Other than a few flights a week from Boston into Saranac Lake, there is no public transit to get to Lake Placid, the heart of the Adirondack tourism industry. We cannot understand why the State would foreclose the possibility of rail travel to Lake Placid.” Branson noted that many local governments have adopted resolutions in favor of keeping the railroad. “We do not feel DEC listened to the public, or conducted a fair review of the economic data, before proposing to forever destroy the only railroad into the Adirondacks. We hope the Courts will reverse this decision, and save this resource as the Adirondack Park Act and the New York Parks Recreation Historic Preservation Law require.” Accordingly, to move ahead the Adirondack Railway Preservation Society is planning a “Rally for the Rails” on June 3rd from 4 – 5pm, in Utica at the New York State Office Building to show local support for rail retention and restoration. The Society is also actively raising money, via their websiteadirondackrr.com/savetherailroad for their legal defense fund. The case has been filed in Franklin County, in which much of the railroad that is proposed to be removed is located. The Adirondack Railroad is represented by the law firm of Bond, Schoeneck & King, PLLC.

The full announcement from the Governor's office