[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.
____________________