[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2102 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 538
115th CONGRESS
  2d Session
                                S. 2102

    To clarify the boundary of Acadia National Park, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2017

 Mr. King (for himself and Ms. Collins) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             July 30, 2018

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To clarify the boundary of Acadia National Park, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Acadia National Park 
Boundary Clarification Act''.</DELETED>

<DELETED>SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICATION.</DELETED>

<DELETED>    Section 101 of Public Law 99-420 (16 U.S.C. 341 note) is 
amended--</DELETED>
        <DELETED>    (1) in the first sentence, by striking ``In order 
        to'' and inserting the following:</DELETED>
<DELETED>    ``(a) Boundaries.--Subject to subsections (b) and (c)(2), 
to'';</DELETED>
        <DELETED>    (2) in the second sentence--</DELETED>
                <DELETED>    (A) by striking ``The map shall be on 
                file'' and inserting the following:</DELETED>
<DELETED>    ``(c) Availability and Revisions of Maps.--</DELETED>
        <DELETED>    ``(1) Availability.--The map, together with the 
        map described in subsection (b)(1) and any revised boundary map 
        published under paragraph (2), if applicable, shall be--
        </DELETED>
                <DELETED>    ``(A) on file''; and</DELETED>
                <DELETED>    (B) by striking ``Interior, and it shall 
                be made'' and inserting the following: ``Interior; 
                and</DELETED>
                <DELETED>    ``(B) made'';</DELETED>
        <DELETED>    (3) by inserting after subsection (a) (as 
        designated by paragraph (1)) the following:</DELETED>
<DELETED>    ``(b) Schoodic Peninsula Addition.--</DELETED>
        <DELETED>    ``(1) In general.--The boundary of the Park is 
        confirmed to include approximately 1,441 acres of land and 
        interests in land, as depicted on the map entitled `Acadia 
        National Park, Hancock County, Maine, Schoodic Peninsula 
        Boundary Revision', numbered 123/129102, and dated July 10, 
        2015.</DELETED>
        <DELETED>    ``(2) Ratification and approval of acquisitions of 
        land.--Congress ratifies and approves--</DELETED>
                <DELETED>    ``(A) effective as of September 26, 2013, 
                the acquisition by the United States of the land and 
                interests in the land described in paragraph (1); 
                and</DELETED>
                <DELETED>    ``(B) effective as of the date on which 
                the alteration occurred, any alteration of the land or 
                interests in the land described in paragraph (1) that 
                is held or claimed by the United States (including 
                conversion of the land to fee simple interest) that 
                occurred after the date described in subparagraph 
                (A).''; and</DELETED>
        <DELETED>    (4) in subsection (c) (as designated by paragraph 
        (2)(A)), by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Technical and limited revisions.--Subject to 
        section 102(k), notwithstanding any other provision of this 
        section, the Secretary of the Interior (referred to in this 
        title as the `Secretary'), by publication in the Federal 
        Register of a revised boundary map or other description, may 
        make--</DELETED>
                <DELETED>    ``(A) such technical boundary revisions as 
                the Secretary determines to be appropriate to the 
                permanent boundaries of the Park (including any 
                property of the Park located within the Schoodic 
                Peninsula and Isle Au Haut districts) to resolve issues 
                resulting from causes such as survey error or changed 
                road alignments; and</DELETED>
                <DELETED>    ``(B) such limited boundary revisions as 
                the Secretary determines to be appropriate to the 
                permanent boundaries of the Park to take into account 
                acquisitions or losses, by exchange, donation, or 
                purchase from willing sellers using donated or 
                appropriated funds, of land adjacent to or within the 
                Park, respectively, in any case in which the total 
                acreage of the land to be so acquired or lost is less 
                than 10 acres, subject to the condition that--
                </DELETED>
                        <DELETED>    ``(i) any such boundary revision 
                        shall not be a part of a more-comprehensive 
                        boundary revision; and</DELETED>
                        <DELETED>    ``(ii) all such boundary 
                        revisions, considered collectively with any 
                        technical boundary revisions made pursuant to 
                        subparagraph (A), do not increase the size of 
                        the Park by more than a total of 100 acres, as 
                        compared to the size of the Park on the date of 
                        enactment of this paragraph.''.</DELETED>

<DELETED>SEC. 3. LIMITATION ON ACQUISITIONS OF LAND FOR ACADIA NATIONAL 
              PARK.</DELETED>

<DELETED>    Section 102 of Public Law 99-420 (16 U.S.C. 341 note) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a), in the matter preceding 
        paragraph (1), by striking ``of the Interior (hereinafter in 
        this title referred to as `the Secretary')'';</DELETED>
        <DELETED>    (2) in subsection (d)(1), in the first sentence, 
        by striking ``the the'' and inserting ``the'';</DELETED>
        <DELETED>    (3) in subsection (k)--</DELETED>
                <DELETED>    (A) by redesignating the subsection as 
                paragraph (4) and indenting the paragraph 
                appropriately; and</DELETED>
                <DELETED>    (B) by moving the paragraph so as to 
                appear at the end of subsection (b); and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(k) Requirements.--Before revising the boundaries of the 
Park pursuant to this section or section 101(c)(2)(B), the Secretary 
shall--</DELETED>
        <DELETED>    ``(1) certify that the proposed boundary revision 
        will contribute to, and is necessary for, the proper 
        preservation, protection, interpretation, or management of the 
        Park;</DELETED>
        <DELETED>    ``(2) consult with the governing body of each 
        county, city, town, or other jurisdiction with primary taxing 
        authority over the land or interest in land to be acquired 
        regarding the impacts of the proposed boundary 
        revision;</DELETED>
        <DELETED>    ``(3) obtain from each property owner the land or 
        interest in land of which is proposed to be acquired for, or 
        lost from, the Park written consent for the proposed boundary 
        revision; and</DELETED>
        <DELETED>    ``(4) submit to the Acadia National Park Advisory 
        Commission established by section 103(a), the Committee on 
        Natural Resources of the House of Representatives, the 
        Committee on Energy and Natural Resources of the Senate, and 
        the Maine Congressional Delegation a written notice of the 
        proposed boundary revision.</DELETED>
<DELETED>    ``(l) Limitation.--The Secretary may not use the authority 
provided by section 100506 of title 54, United States Code, to adjust 
the permanent boundaries of the Park pursuant to this 
title.''.</DELETED>

<DELETED>SEC. 4. SOLID WASTE MANAGEMENT.</DELETED>

<DELETED>    Section 102(f) of Public Law 99-420 (16 U.S.C. 341 note) 
is amended, in the second sentence, by striking ``toward the cost of 
constructing'' through the period at the end of the sentence and 
inserting the following: ``$350,000 to a regional consortium composed 
of units of local government located on, or in the vicinity of, Mount 
Desert Island, Maine, that is established for the purpose of improving 
the management of the disposal and recycling of solid 
waste.''.</DELETED>

<DELETED>SEC. 5. ACADIA NATIONAL PARK ADVISORY COMMISSION.</DELETED>

<DELETED>    (a) In General.--The Secretary shall reestablish and 
appoint members to the Acadia National Park Advisory Commission in 
accordance with section 103 of Public Law 99-420 (16 U.S.C. 341 
note).</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 103 of Public Law 99-
420 (16 U.S.C. 341 note) is amended by striking subsection 
(f).</DELETED>

<DELETED>SEC. 6. REPEAL OF CERTAIN PROVISIONS RELATING TO ACADIA 
              NATIONAL PARK.</DELETED>

<DELETED>    The following are repealed:</DELETED>
        <DELETED>    (1) Section 3 of the Act of February 26, 1919 (40 
        Stat. 1178, chapter 45).</DELETED>
        <DELETED>    (2) The first section of the Act of January 19, 
        1929 (45 Stat. 1083, chapter 77).</DELETED>

<DELETED>SEC. 7. MODIFICATION OF USE RESTRICTION.</DELETED>

<DELETED>    The Act of August 1, 1950 (64 Stat. 383, chapter 511), is 
amended--</DELETED>
        <DELETED>    (1) by striking ``That the Secretary'' and 
        inserting the following:</DELETED>

<DELETED>``SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL 
              PARK.</DELETED>

<DELETED>    ``The Secretary''; and</DELETED>
        <DELETED>    (2) by striking ``for school purposes'' and 
        inserting ``for public purposes, subject to the conditions that 
        use of the land shall not degrade or adversely impact the 
        resources or values of Acadia National Park and that the land 
        shall remain in public ownership for recreational, educational, 
        or similar public purposes''.</DELETED>

<DELETED>SEC. 8. CONTINUATION OF CERTAIN TRADITIONAL USES.</DELETED>

<DELETED>    Title I of Public Law 99-420 (16 U.S.C. 341 note) is 
amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL 
              USES.</DELETED>

<DELETED>    ``In accordance with this section, the Secretary shall 
allow for the traditional harvesting of marine worms, clams, other 
shellfish, and other marine species (as defined in chapter 601 of title 
12 of the Maine Revised Statutes (as in effect on the date of enactment 
of this section)), in accordance with the laws (including regulations 
and applicable judicial interpretations) of the State of Maine--
</DELETED>
        <DELETED>    ``(1) within the boundaries of the Park; 
        and</DELETED>
        <DELETED>    ``(2) on any land located outside of the 
        boundaries of the Park with respect to which the Secretary has 
        or obtains a property interest of any type pursuant to this 
        title.''.</DELETED>

<DELETED>SEC. 9. CONVEYANCE OF CERTAIN LAND IN ACADIA NATIONAL PARK TO 
              THE TOWN OF BAR HARBOR, MAINE.</DELETED>

<DELETED>    (a) In General.--The Secretary shall convey to the Town of 
Bar Harbor all right, title, and interest of the United States in and 
to the .29-acre parcel of land in Acadia National Park identified as 
lot 110-055-000 on the tax map of the Town of Bar Harbor for section 
110, dated April 1, 2015, to be used for a solid waste transfer 
facility.</DELETED>
<DELETED>    (b) Reversion.--If the land conveyed under subsection (a) 
is used for a purpose other than the purpose described in that 
subsection, the land shall, at the discretion of the Secretary, revert 
to the United States.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Acadia National Park Boundary 
Clarification Act''.

SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICATION.

    Section 101 of Public Law 99-420 (16 U.S.C. 341 note) is amended--
            (1) in the first sentence, by striking ``In order to'' and 
        inserting the following:
    ``(a) Boundaries.--Subject to subsections (b) and (c)(2), to'';
            (2) in the second sentence--
                    (A) by striking ``The map shall be on file'' and 
                inserting the following:
    ``(c) Availability and Revisions of Maps.--
            ``(1) Availability.--The map, together with the map 
        described in subsection (b)(1) and any revised boundary map 
        published under paragraph (2), if applicable, shall be--
                    ``(A) on file''; and
                    (B) by striking ``Interior, and it shall be made'' 
                and inserting the following: ``Interior; and
                    ``(B) made'';
            (3) by inserting after subsection (a) (as designated by 
        paragraph (1)) the following:
    ``(b) Schoodic Peninsula Addition.--
            ``(1) In general.--The boundary of the Park is confirmed to 
        include approximately 1,441 acres of land and interests in 
        land, as depicted on the map entitled `Acadia National Park, 
        Hancock County, Maine, Schoodic Peninsula Boundary Revision', 
        numbered 123/129102, and dated July 10, 2015.
            ``(2) Ratification and approval of acquisitions of land.--
        Congress ratifies and approves--
                    ``(A) effective as of September 26, 2013, the 
                acquisition by the United States of the land and 
                interests in the land described in paragraph (1); and
                    ``(B) effective as of the date on which the 
                alteration occurred, any alteration of the land or 
                interests in the land described in paragraph (1) that 
                is held or claimed by the United States (including 
                conversion of the land to fee simple interest) that 
                occurred after the date described in subparagraph 
                (A).''; and
            (4) in subsection (c) (as designated by paragraph (2)(A)), 
        by adding at the end the following:
            ``(2) Technical and limited revisions.--Subject to section 
        102(k), notwithstanding any other provision of this section, 
        the Secretary of the Interior (referred to in this title as the 
        `Secretary'), by publication in the Federal Register of a 
        revised boundary map or other description, may make--
                    ``(A) such technical boundary revisions as the 
                Secretary determines to be appropriate to the permanent 
                boundaries of the Park (including any property of the 
                Park located within the Schoodic Peninsula and Isle Au 
                Haut districts) to resolve issues resulting from causes 
                such as survey error or changed road alignments; and
                    ``(B) such limited boundary revisions as the 
                Secretary determines to be appropriate to the permanent 
                boundaries of the Park to take into account 
                acquisitions or losses, by exchange, donation, or 
                purchase from willing sellers using donated or 
                appropriated funds, of land adjacent to or within the 
                Park, respectively, in any case in which the total 
                acreage of the land to be so acquired or lost is less 
                than 10 acres, subject to the condition that--
                            ``(i) any such boundary revision shall not 
                        be a part of a more-comprehensive boundary 
                        revision; and
                            ``(ii) all such boundary revisions, 
                        considered collectively with any technical 
                        boundary revisions made pursuant to 
                        subparagraph (A), do not increase the size of 
                        the Park by more than a total of 100 acres, as 
                        compared to the size of the Park on the date of 
                        enactment of this paragraph.''.

SEC. 3. LIMITATION ON ACQUISITIONS OF LAND FOR ACADIA NATIONAL PARK.

    Section 102 of Public Law 99-420 (16 U.S.C. 341 note) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``of the Interior (hereinafter in this title 
        referred to as `the Secretary')'';
            (2) in subsection (d)(1), in the first sentence, by 
        striking ``the the'' and inserting ``the'';
            (3) in subsection (k)--
                    (A) by redesignating the subsection as paragraph 
                (4) and indenting the paragraph appropriately; and
                    (B) by moving the paragraph so as to appear at the 
                end of subsection (b); and
            (4) by adding at the end the following:
    ``(k) Requirements.--Before revising the boundaries of the Park 
pursuant to this section or section 101(c)(2)(B), the Secretary shall--
            ``(1) certify that the proposed boundary revision will 
        contribute to, and is necessary for, the proper preservation, 
        protection, interpretation, or management of the Park;
            ``(2) consult with the governing body of each county, city, 
        town, or other jurisdiction with primary taxing authority over 
        the land or interest in land to be acquired regarding the 
        impacts of the proposed boundary revision;
            ``(3) obtain from each property owner the land or interest 
        in land of which is proposed to be acquired for, or lost from, 
        the Park written consent for the proposed boundary revision; 
        and
            ``(4) submit to the Acadia National Park Advisory 
        Commission established by section 103(a), the Committee on 
        Natural Resources of the House of Representatives, the 
        Committee on Energy and Natural Resources of the Senate, and 
        the Maine Congressional Delegation a written notice of the 
        proposed boundary revision.
    ``(l) Limitation.--The Secretary may not use the authority provided 
by section 100506 of title 54, United States Code, to adjust the 
permanent boundaries of the Park pursuant to this title.''.

SEC. 4. ACADIA NATIONAL PARK ADVISORY COMMISSION.

    (a) In General.--The Secretary shall reestablish and appoint 
members to the Acadia National Park Advisory Commission in accordance 
with section 103 of Public Law 99-420 (16 U.S.C. 341 note).
    (b) Conforming Amendment.--Section 103 of Public Law 99-420 (16 
U.S.C. 341 note) is amended by striking subsection (f).

SEC. 5. REPEAL OF CERTAIN PROVISIONS RELATING TO ACADIA NATIONAL PARK.

    The following are repealed:
            (1) Section 3 of the Act of February 26, 1919 (40 Stat. 
        1178, chapter 45).
            (2) The first section of the Act of January 19, 1929 (45 
        Stat. 1083, chapter 77).

SEC. 6. MODIFICATION OF USE RESTRICTION.

    The Act of August 1, 1950 (64 Stat. 383, chapter 511), is amended--
            (1) by striking ``That the Secretary'' and inserting the 
        following:

``SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK.

    ``The Secretary''; and
            (2) by striking ``for school purposes'' and inserting ``for 
        public purposes, subject to the conditions that use of the land 
        shall not degrade or adversely impact the resources or values 
        of Acadia National Park and that the land shall remain in 
        public ownership for recreational, educational, or similar 
        public purposes''.

SEC. 7. CONTINUATION OF CERTAIN TRADITIONAL USES.

    Title I of Public Law 99-420 (16 U.S.C. 341 note) is amended by 
adding at the end the following:

``SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES.

    ``(a) Definitions.--In this section:
            ``(1) Land within the park.--The term `land within the 
        Park' means land owned or controlled by the United States--
                    ``(A) that is within the boundary of the Park 
                established by section 101; or
                    ``(B)(i) that is outside the boundary of the Park; 
                and
                    ``(ii) in which the Secretary has acquired a 
                property interest or conservation easement pursuant to 
                this title.
            ``(2) Marine species; marine worm; shellfish.--The terms 
        `marine species', `marine worm', and `shellfish' have the 
        meanings given those terms in section 6001 of title 12 of the 
        Maine Revised Statutes (as in effect on the date of enactment 
        of this section).
            ``(3) State law.--The term `State law' means the law 
        (including regulations) of the State of Maine, including the 
        common law.
            ``(4) Taking.--The term `taking' means the removal or 
        attempted removal of a marine species, marine worm, or 
        shellfish from the natural habitat of the marine species, 
        marine worm, or shellfish.
    ``(b) Continuation of Traditional Uses.--The Secretary shall allow 
for the traditional taking of marine species, marine worms, and 
shellfish, on land within the Park between the mean high watermark and 
the mean low watermark in accordance with State law.''.

SEC. 8. CONVEYANCE OF CERTAIN LAND IN ACADIA NATIONAL PARK TO THE TOWN 
              OF BAR HARBOR, MAINE.

    (a) In General.--The Secretary shall convey to the Town of Bar 
Harbor all right, title, and interest of the United States in and to 
the .29-acre parcel of land in Acadia National Park identified as lot 
110-055-000 on the tax map of the Town of Bar Harbor for section 110, 
dated April 1, 2015, to be used for a solid waste transfer facility.
    (b) Reversion.--If the land conveyed under subsection (a) is used 
for a purpose other than the purpose described in that subsection, the 
land shall, at the discretion of the Secretary, revert to the United 
States.
                                                       Calendar No. 538

115th CONGRESS

  2d Session

                                S. 2102

_______________________________________________________________________

                                 A BILL

    To clarify the boundary of Acadia National Park, and for other 
                               purposes.

_______________________________________________________________________

                             July 30, 2018

                       Reported with an amendment