[Senate Report 109-151]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 243
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-151

======================================================================



 
              ACADIA NATIONAL PARK IMPROVEMENT ACT OF 2005

                                _______
                                

                October 19, 2005.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1154]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1154) to extend the Acadia National Park 
Advisory Commission, to provide improved visitor services at 
the park, and for other purposes, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 2, line 9, strike ``shall'' and insert ``may''.
    2. On page 2, line 26, insert ``or any successor transit 
system'' after ``system''.

                         Purpose of the Measure

    The purposes of S. 1154 are to extend the authorization for 
the Acadia National Park Advisory Commission, to increase the 
appropriation ceiling for land acquisition within the park, and 
to authorize assistance for the planning, construction, and 
operation of an intermodal transportation center in the park.

                          Background and Need

    Acadia National Park encompasses over 47,000 acres on Mount 
Desert Island in Maine and includes granite domed mountains, 
woodlands, lakes and ponds, and dramatic ocean shoreline. In 
1986 the park's boundary was formally established by Public Law 
99-420. That law also established a 16-member Acadia National 
Park Advisory Commission to advise the Secretary of the 
Interior on matters relating to the management and development 
of Acadia National Park, including, but not limited to the 
acquisition of lands and interests in lands (including 
conservation easements on islands), and termination of rights-
of-use and occupancy. The Commission will terminate September 
25, 2006.
    The advisory commission plays an important role advising 
the park and serving as a liaison between the park and the 
local community which still resides in the park. S. 1154 will 
extend the advisory commission for an additional 20 years, 
through 2026.
    The Maine Department of Transportation, Friends of Acadia, 
and others are continuing to explore the development of an 
intermodal facility in Trenton that would allow Downeast 
Transportation and Island Explorer to meet, with a parking lot, 
in an effort to reduce traffic. With the National Park 
Service's (NPS) involvement, this site could eventually be home 
to a visitor center. However, because this area is outside of 
the park boundary, the NPS is currently unable to contribute 
funds or staff to this project. The legislation would authorize 
the NPS to participate in the Trenton intermodal facility.
    The bill also increases Acadia National Park's land 
acquisition ceiling by $18.9 million, to $28 million. There are 
still many tracts of private land within Acadia's authorized 
boundary that can be developed in ways incompatible with the 
purposes of the park. Congress established the official 
boundary in 1986. The National Park Service was directed to buy 
properties within the boundary from willing sellers to complete 
the park; however, due to escalating real estate prices on 
Mount Desert Island, the park is now limited in its ability to 
protect additional lands.

                          Legislative History

    S. 1154 was introduced by Senators Collins and Snowe on May 
26, 2005. The Subcommittee on National Parks held a hearing on 
S. 1154, on July 28, 2005. At its business meeting on September 
28, 2005, the Committee on Energy and Natural Resources ordered 
S. 1154 favorably reported as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 28, 2005, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1154 if 
amended as described herein.

                          Committee Amendments

    During its consideration of S. 1154 the Committee adopted 
two clarifying amendments recommended by the NPS. The first 
amendment would make clear that the Secretary of the Interior 
has discretion whether to assist with the Intermodal 
Transportation Center authorized in section 4. The second 
amendment authorized the NPS to work with the current provider 
of the park's transit system or any successor transit system.

                      Section-by-Section Analysis

    Section 1 entitles the bill, the ``Acadia National Park 
Improvement Act of 2005.''
    Section 2 amends section 103(f) of Public Law 99-420 (16 
U.S.C. 341 note) by extending the term for the Acadia National 
Park Advisory Commission an additional 20 years.
    Section 3 amends section 106 (a) of Public Law 99-420 (16 
U.S.C. 341 note) to increase the land acquisition ceiling to 
$28,000,000.
    Section 4 amends title I of Public Law 99-420 (16 U.S.C. 
341 note) by adding a new section which provides for the need 
and commitments to develop an intermodal transportation center 
outside the boundary of the park to be located in Trenton, 
Maine.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1154--Acadia National Park Improvement Act of 2005

    Summary: S. 1154 would amend existing laws that govern the 
authority of the National Park Service (NPS) to operate the 
Acadia National Park in Maine. Assuming appropriation of the 
necessary amounts, CBO estimates that implementing this bill 
would cost the NPS about $12 million over the 2006-2010 period. 
Enacting S. 1154 would have no effect on revenues or direct 
spending.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no significant costs on state, local, or 
tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1154 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2006      2007      2008      2009      2010
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.................................         2         3         3         2         2
Estimated Outlays.............................................         2         4         2         2         2
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For the estimate, CBO assumes that the 
entire amounts authorized or estimated to be necessary will be 
appropriated for each fiscal year. Estimated outlays are based 
on historical patterns for similar NPS acquisition and 
development projects.
    S. 1154 would increase the statutory ceiling for land 
acquisition costs at Acadia from $9.1 million to $28 million. 
Because $18 million has already been appropriated and spent for 
this purpose, the proposed increase represents a change of $10 
million. CBO estimates that this amount would be spent evenly 
over a five-year period to purchase up to 100 tracts of land 
within the park's existing boundaries.
    The bill also would authorize the NPS to participate in 
designing, building, and operating a transportation center 
located outside of park boundaries. Based on information 
provided by the agency, CBO expects that most of the cost of 
constructing the center would be borne by the Department of 
Transportation under existing authority. We estimate that the 
NPS would spend about $2 million over the 2007-2008 period to 
furnish a small visitor facility within the center and develop 
appropriate exhibits and other interpretive materials. We 
estimate that new annual costs to help operate the center would 
be minimal.
    Finally, S. 1154 would extend the life of the Acadia 
National Park Advisory Committee for an additional 20 years. 
Authority for the commission is set to expire near the end of 
fiscal year 2006. CBO estimates that the cost of operating the 
commission would be less than $50,000 a year beginning in 2007.
    Intergovernmental and private-sector impact: S. 1154 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no significant costs on state, 
local, or tribal governments.
    Estimated prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1154. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1154, as ordered reported.

                        Executive Communications

    The views of the Administration on S. 1154 were included in 
testimony received by the Committee at a hearing on the bill on 
July 28, 2005 as follows:

Statement of Stephen P. Martin, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee to present the views of the Department of 
the Interior on S. 1154, a bill to extend the Acadia National 
Park Advisory Commission, to provide improved visitor services 
at the park, and for other purposes. The Department supports 
enactment of this bill with two technical amendments.
    If enacted, S.1154 would accomplish three objectives. 
First, it would extend the life of the 16-member Acadia 
National Park Advisory Commission, which is set to expire in 
September 2006, for an additional 20 years. Second, the bill 
would increase the park's land acquisition ceiling from $9.1 
million to $28 million. Third, it would authorize Acadia 
National Park to participate in the planning, construction, and 
operation of an intermodal transportation center outside the 
park's boundaries.


                ACADIA NATIONAL PARK ADVISORY COMMISSION


    The Acadia National Park Advisory Commission has been in 
operation for almost 20 years, and continues to be a valuable 
asset that enhances communication between park managers and 
local communities. The Commission's state and local 
representatives participate actively, and they strongly support 
its continuation. The cost of administering the Commission is 
minimal and is covered by the park's operating budget.


                  INCREASE IN LAND ACQUISITION CEILING


    Acadia National Park's authorized land acquisition ceiling 
of $9.1 million has been reached, although there are over 100 
tracts left to be acquired to complete the park as authorized 
by Congress in 1986. Land prices on Mount Desert Island, where 
Acadia National Park is located, have increased dramatically 
since 1986 and may continue to do so if local home-inflation 
trends continue. Many willing landowners are anxious to sell, 
but the park cannot buy the land because the land acquisition 
ceiling does not permit the use of sufficient appropriated 
funds, thus leaving valuable resources within the park 
threatened with incompatible development.
    The current law allowing Congress to exceed the ceiling by 
10% or $1 million per year has resulted in an additional $8.9 
million appropriated over the ceiling, for a total 
appropriation of $18 million for land acquisition at Acadia 
National Park to date. However, because the current law is 
limited to $1 million per year, it does not adequately address 
situations where available tracts are valued higher than $1 
million. If these undeveloped tracts within the boundaries of 
the park are developed with new structures, acquisition costs 
will increase. Acquiring these lands sooner rather than later 
is more cost-effective for the National Park Service in the 
long run. In addition, the park currently faces encroachment 
issues, where private landowners use adjacent park lands for 
swing sets, hot tubs, sheds and the like. The proposed $28 
million ceiling would allow the National Park Service to 
acquire all parcels of land that are located within the 
boundary of the park that are currently available for sale.
    Incompatible development within park boundaries can degrade 
the natural and cultural values that are important to the 
visitors of Acadia National Park. There are also ``spillover'' 
impacts from use of private lands that are surrounded by park 
land including noise and light impacts, which tend to drive the 
public away from these parts of the park. Finally, larger 
blocks of land are more cost-effective to manage than smaller 
discontinuous parcels that are owned by multiple owners and 
thus, result in higher boundary monitoring and patrol costs.


                    INTERMODAL TRANSPORTATION CENTER


    The intermodal transportation center is the final piece of 
a three-phase transportation strategy that was developed with 
the assistance of an interagency team of transportation and 
park managers. The interagency team was established pursuant to 
the 1997 Memorandum of Understanding between the Secretary of 
Transportation and the Secretary of the Interior to 
comprehensively address public transportation in and around our 
national parks. Language within S. 1154 authorizing Acadia 
National Park to participate in the planning, construction and 
operation of an intermodal transportation center outside park 
boundaries is essential for completion of a highly successful 
transportation system that operates through a consortium of 
twenty partners. These partners include the U.S. Department of 
Transportation, the Maine Department of Transportation, and 
many local interests who developed this transportation strategy 
and have combined their resources to offer the Island Explorer, 
a bus system that uses clean propane-powered vehicles to move 
visitors around the Island. The operational costs are paid for 
by a special transportation fee imposed at Acadia, state and 
local funds, and business contributions.
    Daily summer use of the Island Explorer has averaged 3,700 
riders and more than 1.5 million riders have used the popular 
system since it began in 1999. Traffic congestion on Mount 
Desert Island and the negative impacts of too many vehicles in 
Acadia National Park have been reduced, and the park's air 
quality has improved annually.
    Currently, overnight visitors are picked up at their 
lodgings by the Island Explorer, but the increasing numbers of 
day use visitors do not have access to the transit system 
because it lacks a central parking and bus boarding area. As 
planned, the project calls for developing an off-island 
intermodal transportation center to serve day users of Mount 
Desert Island and Acadia National Park. The center is needed to 
maximize the benefits of the transit system and to fully 
achieve the project's goals of reducing traffic congestion, 
preserving park resources and the visitor experience, and 
ensuring a vibrant tourist economy.
    The proposed center would be strategically located on Route 
3 (the only road to Mount Desert Island and Acadia National 
Park) in Trenton, Maine. A non-profit partner will acquire the 
land using donated funds. The Maine Department of 
Transportation and the Federal Transit Administration will have 
the lead in the planning and construction of the center, which 
will include parking for day users, a visitor orientation 
facility highlighting park and regional points of interest, a 
bus boarding area, and a bus maintenance garage.
    Most of the proposed facility would be built with funds 
provided by the U.S. Department of Transportation to the State 
of Maine. The National Park Service would be responsible for 
the design, construction, and operation of all or part of the 
visitor orientation portion of the center, which would include 
exhibits, media presentations, and general information for park 
visitors bound for Acadia National Park. The National Park 
Service might also contribute to maintenance and operation of 
the facility. The proposed center would replace the park's 
inadequate Thompson Island Information Center, which is too 
small to accommodate the large number of summer visitors to the 
park, contains out-of-date exhibits, and is not optimally 
located to intercept visitors.
    We would recommend two technical amendments be made to 
section 4 of the bill. First, we need to clarify that the 
Secretary would be authorized to conduct activities that 
facilitate the dissemination of information relating to the 
Island Explorer or any successor to the Island Explorer in case 
the transit system is renamed. Second, in order to preserve 
flexibility in how resources are allocated, we would recommend 
that the word ``may'' be used instead of ``shall''.
    Mr. Chairman, thank you for the opportunity to comment. 
This concludes my prepared remarks and I will be happy to 
answer any questions you or other committee members might have.

 TECHNICAL AMENDMENTS TO S. 1154, THE ACADIA NATIONAL PARK IMPROVEMENT 
                              ACT OF 2005

    On p. 2, line 9, strike ``shall'' and insert ``may''.
    On p. 2, line 26, strike ``system;'' and insert ``system or 
any successor transit system;''.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1154, as ordered reported, are shown as follows (existing 
law proposed to be omitted is shown in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                   PUBLIC LAW 99-420--SEPT. 25, 1986


 AN ACT To establish a permanent boundary for the Acadia National Park 
             in the State of Maine, and for other purposes.

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

                                TITLE I

SEC. 101. BOUNDARIES OF ACADIA NATIONAL PARK.

    In order to protect and conserve the land and water 
resources of Acadia National Park in the State of Maine 
(hereinafter in this title referred to as ``the Park''), and to 
facilitate the administration of the Park, the boundary 
depicted on the map entitled ``Acadia National Park Boundary 
Map'', numbered 123-80011, and dated May 1986 (hereinafter in 
this title referred to as ``the map'') is hereby established as 
the permanent boundary for the Park. The map shall be on file 
and available for public inspection in the offices of the 
National park Service, Department of the Interior, and it shall 
be made available to the Registry of Deeds for Hancock and Knox 
Counties, Maine.

           *       *       *       *       *       *       *


SEC. 103. ADVISORY COMMISSION.

    (a) There is hereby established an Acadia National Park 
Advisory Commission (hereinafter referred to as ``the 
Commission''). The Commission shall be composed of 16 members 
appointed by the Secretary as follows:
          (1) 3 members at large.
          (2) 3 members appointed from among individuals 
        recommended by the Governor of Maine.
          (3) 4 members, appointed from among individuals 
        recommended by each of the four towns on the island of 
        Mount Desert.
          (4) 3 members appointed from among individuals 
        recommended by each of the three Hancock County 
        mainland communities of Gouldsboro, Winter Harbor, and 
        Trenton.
          (5) 3 members, appointed from among individuals 
        recommended by each of the three island towns of 
        Cranberry Isles, Swans Island, and Frenchboro.
    (b) The terms of the Commission members shall be 3 years 
except that, for initial appointments under each paragraph, one 
member shall serve for a term of one year, and one member shall 
serve for a term of 2 years.
    (c) The Commission shall elect its own chairman and adopt 
its own bylaws. Any vacancy on the Commission shall be filled 
in the same manner in which the original appointment was made.
    (d) Members of the Commission shall serve without 
compensation as such, except that the Secretary is authorized 
to pay the expenses reasonably incurred by the Commission in 
carrying out its responsibilities under this title.
    (e) The Secretary shall consult with the Commission on 
matters relating to the management and development of the Park, 
including but not limited to each of the following:
          (1) The acquisition of lands and interests in lands 
        (including conservation easements on islands).
          (2) Termination of rights of use and occupancy.
    (f) The Commission established under this section shall 
terminate [20] 40 years after the enactment of this Act.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    (a) Effective October 1, 1986 there are authorized to be 
appropriated such sums as may be necessary to carry out the 
provisions of this title, but not to exceed [$9,100,000] 
$28,000,000 for acquisition of lands and interests therein.
    (b) For the purposes of paragraph 7(a)(3) of the Land and 
Water Conservation Fund Act of 1965 as amended (16 U.S.C. 4601-
9), the statutory ceiling provided in subsection (a) shall be 
deemed to have been enacted prior to the convening of the 
Ninety-fifth Congress.

           *       *       *       *       *       *       *


SEC. 107. PAYMENTS TO LOCAL GOVERNMENTS.

    (a) Notwithstanding the limitation in subsection 3(d) of 
the Act of October 20, 1976 (90 Stat. 2662) payments in the 
manner provided in section 3 of that Act shall be made to the 
appropriate units of local government having jurisdiction over 
lands with the boundary of the Park. Such payments shall be 
made only for a period of 12 years.
    (b) Payments received by the units of local government 
pursuant to this section shall be used only for fire 
protection, police protection, solid waste management and road 
maintenance and improvement.
    (c) Payments pursuant to this section may be made only from 
funds appropriated therefore. Such payments shall be in 
addition to and not in place of any other funds or form of 
Federal assistance to which the units of local government are 
entitled.

SEC. 108. INTERMODAL TRANSPORTATION CENTER.

    (a) In General.--The Secretary may provide assistance in 
the planning, construction, and operation of an intermodal 
transportation center located outside of the boundary of the 
Park in the town of Trenton, Maine to improve the management, 
interpretation, and visitor enjoyment of the Park.
    (b) Agreements.--To carry out subsection (a), in 
administering the intermodal transportation center, the 
Secretary may enter into interagency agreements with other 
Federal agencies, and cooperative agreements, under appropriate 
terms and conditions, with State and local agencies, and 
nonprofit organizations--
          (1) to provide exhibits, interpretive services 
        (including employing individuals to provide such 
        services), and technical assistance;
          (2) to conduct activities that facilitate the 
        dissemination of information relating to the Park and 
        the Island Explorer transit system or any successor 
        transit system;
          (3) to provide financial assistance for the 
        construction of the intermodal transportation center in 
        exchange for space in the center that is sufficient to 
        interpret the Park; and
          (4) to assist with the operation and maintenance of 
        the intermodal transportation center.
    (c) Authorization of Appropriations.--
          (1) In General.--There are authorized to be 
        appropriated to the Secretary such sums as are 
        necessary to carry out this section (including 
        planning, design and construction of the intermodal 
        transportation center).
          (2) Operations and Maintenance.--There are authorized 
        to be appropriated such sums as are necessary to 
        maintain and operate the intermodal transportation 
        center.

                                  
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