[Congressional Record Volume 164, Number 44 (Tuesday, March 13, 2018)]
[House]
[Pages H1518-H1520]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ACADIA NATIONAL PARK BOUNDARY CLARIFICATION ACT

  Mr. CURTIS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4266) to clarify the boundary of Acadia National Park, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4266

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

     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:

     ``SEC. 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.

       ``In accordance with this section, the Secretary shall 
     allow for the traditional, non-motorized 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--
       ``(1) within the boundaries of the Park; and
       ``(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.''.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Curtis) and the gentleman from California (Mr. Lowenthal) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. CURTIS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?

[[Page H1519]]

  There was no objection.
  Mr. CURTIS. Mr. Speaker, I yield 4 minutes to the gentleman from 
Maine (Mr. Poliquin).
  Mr. POLIQUIN. Mr. Speaker, I thank the chairman very much for helping 
bring this very important bill to the floor. I also thank Chairman  Rob 
Bishop from Utah, who also was very instrumental in bringing this bill 
to the floor. In addition to that, I thank all of the staff members of 
the Natural Resources Committee here in the House for all their great 
work. This is so important to our State.
  Mr. Speaker, the great State of Maine is called Vacationland. Now, we 
have a population of just 1.3 million hardy souls in Maine. However, 
every year, our population swells to about 40 million vacationers from 
all over the world. We have such stunning natural beauty in Maine in a 
pristine natural environment in all these welcoming small towns that it 
is no wonder that people flock to Maine.
  Now, right smack in the middle of midcoast Maine is our crown jewel 
called Acadia National Park, and we just love Acadia National Park in 
Maine. We are so proud of this. If you happen to vacation in Maine--if 
you haven't, you and your family deserve a vacation to Maine. If you 
drive up to Cadillac Mountain, you see this panoramic view of Penobscot 
Bay, and coming out of those sparkling waters of the Atlantic are these 
green-topped islands. You might rent a bike and go to these terrific, 
groomed historic carriage trails that wind through the woods of Acadia. 
Take your kids down to Sand Beach, right in Acadia National Park, and 
when their toes hit that ice-cold water, they shriek with joy. This is 
Maine. We are very proud of Acadia National Park.
  Mr. Speaker, I do have to say that a couple of years ago, 
unfortunately, Acadia National Park expanded beyond its boundaries. 
This is because there was conflict in a couple laws that date back 
quite some time. Now, I am very happy that my bill that I worked on 
with great help from my fellow Member of Congress, Congresswoman 
Chellie Pingree from the First District, clarifies this boundary for 
Acadia National Park. It also closed a few loopholes but still allows 
the boundaries to be adjusted in very minor ways with abutting pieces 
of property.
  Now, I made it clear, Mr. Speaker, that I would not sign on to this 
boundary clarification issue until one more thing is done, and that is 
to protect the livelihoods of hundreds and hundreds of hardworking 
Mainers who harvest bloodworms, sandworms, clams, and periwinkles along 
the mud flats around Acadia National Park.
  Now, those folks who visit Maine from Utah or Kansas and spend a lot 
of money to come up and vacation in Maine expect to see the great ocean 
in front of them, Mr. Speaker. But because the Moon revolves around the 
Earth and the gravitational pull of the Moon causes one of the unique 
things in Maine, we have big tides. So if you are vacationing in Maine 
and you find out when you wake up in the morning the water is gone, 
don't worry about it. Six hours later, it will come back.
  Now, the ebb and the flow of the tides in Maine along the coastline 
create what we call the intertidal zone. It is a zone between the high 
watermark and the low watermark.
  Now, in the State of Maine, we are very clear that this land is owned 
by the people of Maine, not by the Federal Government. So I was alarmed 
a couple of years ago when some of the people called me up and said: 
Mr. Poliquin, we worked an entire tide, and someone from Acadia 
National Park didn't understand the rules and asked us to turn over our 
bucket.
  Now, we have hundreds and hundreds of families that rely on 
harvesting in the intertidal zone, and we have to make sure that we 
have corrected this problem.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. CURTIS. Mr. Speaker, I yield an additional 2 minutes to the 
gentleman from Maine.
  Mr. POLIQUIN. Now, this is a clear example of what we call the public 
trust doctrine. This common-law document, which we adopted from the 
British ancestors, gives public access to this land between high and 
low waterlines for the purpose of ``fishing, fowling, and navigation.''
  Now, unlike some States, Mr. Speaker, some property owners in Maine 
own to the low watermark of the tidal range, so this doctrine is 
incredibly important for the public to have access to our flats for 
these purposes.
  This bill that we are passing today codifies the unique ownership and 
public access rights of Maine fishermen on the intertidal who have 
worked on this for hundreds of years. Traditional harvesting is meant 
to include the harvesting of clams and worms, which are harvested by 
hand with a rake at low tide, and the collection of periwinkles. It 
also includes accessing intertidal areas by boat at all tides for the 
purpose of harvesting these species.
  Now, to be clear, the intent of this bill is for ``traditional 
harvesting.'' By doing so, this will ensure that our wormers, clammers, 
and others who live in the area will continue to be able to do what 
they have been doing for many, many years.
  Mr. Speaker, I want to congratulate again Chellie Pingree, my 
compatriot from the First District who did a great job on this, our 
staffs, and the staff of the Natural Resources Committee. We extended 
ourselves, Mr. Speaker, in a bipartisan way to all the stakeholders in 
the area, including the Acadia Advisory Commission, the Maine Marine 
Worm Harvesters, the Maine Clammers Association, the National Park 
Service, the Friends of Acadia, and all those who want to make this 
right for the boundary of Acadia National Park forever to be cemented 
in law.

  At the same time, we protect the livelihood of some of the hardest 
working people you will ever find in this country, Mr. Speaker. These 
individuals will rake and dig for these worms in the summertime, in the 
hot weather, and in the wintertime when the snow is blowing sideways.
  Mr. Speaker, I encourage everybody to vote for this bill.
  Mr. LOWENTHAL. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
Maine (Ms. Pingree), who is one of the sponsors of H.R. 4266.
  Ms. PINGREE. Mr. Speaker, I thank my colleague from California (Mr. 
Lowenthal) for yielding me the time.
  Mr. Speaker, I, too, rise today in support of H.R. 4266, the Acadia 
National Park Boundary Clarification Act. I am proud to be an original 
cosponsor of this bipartisan bill, which was introduced by my colleague 
from Maine (Mr. Poliquin).
  While you have already heard from Mr. Poliquin a lot about the 
importance of the intertidal zone, about the livelihood of clam diggers 
and wormers, and about the Acadia National Park, because our State is 
so important and we love our park, I am pretty much going to say it all 
again.
  Maine is very proud to be home to Acadia National Park. This national 
treasure is a place where the mountains actually meet the sea. When you 
climb those mountains, you see miles of clear, blue ocean dotted with 
literally some of the hundreds and thousands of islands off the coast 
of Maine, one of which I am lucky enough to live on, not the one where 
Acadia National Park is.
  But millions of people visit Acadia National Park every year to 
experience the incredible natural attractions, the hiking, and the 
climbing. But they also come there to be in downeast Maine. Downeast 
Maine is full of very many tight-knit communities, and those tight-knit 
communities are full of hardworking men and women, many of whom make 
their living on the water; and it is really hard work. Some of them are 
hauling lobster traps every day so that we can enjoy the wonderful 
lobster that is only delicious if you get it from the State of Maine. 
But many of them are bent over digging in the mud for clams, for other 
species, and for bloodworms; and it is really hard work.

                              {time}  1730

  H.R. 4266 would clarify a number of points to strengthen the park's 
relationship with the surrounding communities that we have been talking 
about. Most importantly, this bill will ensure that clammers, wormers, 
and other traditional harvesters can continue to work in the places 
where, frankly, they have worked for generations, many of them working 
alongside their sons or daughters when they go out every day.
  In the spring of 2016, the harvesters were shocked when the park 
staff began prohibiting them from working

[[Page H1520]]

along the coastline within Acadia's boundaries. There was no warning 
about changing a practice that had, frankly, gone on for decades. I 
appreciate the fact that park officials quickly ended their 
enforcement, but the actions sent shock waves throughout the area.
  Washington County is the poorest county in Maine, and families there 
simply just can't afford to lose any source of income. H.R. 4266 would 
give the communities a sense of security by very explicitly stating 
that harvesters have a right to work within the park. It is a critical 
step to ensuring that Acadia National Park remains an attraction not 
only for its natural beauty, but for its unique way of life.
  Again, I want to thank my colleague, Mr. Poliquin, for recognizing 
the issue, for working with his harvesters, and for moving this 
forward. I am proud to be an original cosponsor. I urge its passage and 
urge all my colleagues to support it.
  Mr. LOWENTHAL. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank both Mr. Poliquin and Ms. Pingree for 
introducing this legislation to protect a true New England treasure, 
Acadia National Park.
  Mr. Speaker, I urge a ``yea'' vote on this bill, and I yield back the 
balance of my time.
  Mr. CURTIS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Curtis) that the House suspend the rules and 
pass the bill, H.R. 4266.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________