[House Report 115-526]
[From the U.S. Government Publishing Office]


115th Congress    }                                           {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                           {   115-526

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



 
            ACADIA NATIONAL PARK BOUNDARY CLARIFICATION ACT

                                _______
                                

January 25, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4266]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4266) to clarify the boundary of Acadia National 
Park, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

  ``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--
          ``(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.

                          Purpose of the Bill

    The purpose of H.R. 4266 is to clarify the boundary of 
Acadia National Park.

                  Background and Need for Legislation

    Acadia National Park preserves approximately 50,000 acres 
in Hancock and Knox Counties along the mid-section of the Maine 
coast. The park consists of portions of Mount Desert Island 
plus a portion of Isle au Haut to the southwest of Mount Desert 
Island, the tip of the Schoodic Peninsula on the mainland to 
the east, and most of or portions of 16 smaller outlying 
islands. The park also preserves more than 13,000 acres of 
conservation easements across its legislated boundary, which 
runs from the Penobscot River ship channel to just east of the 
Schoodic Peninsula.\1\
---------------------------------------------------------------------------
    \1\National Park Service. Foundation Document Acadia National Park. 
3. September 2016. Accessed November 9, 2017. https://www.nps.gov/acad/
learn/management/upload/ACAD_FD_2016_508-2017.pdf.
---------------------------------------------------------------------------
    Acadia National Park was established in 1916 as Sieur de 
Monts National Monument and incorporated into Lafayette 
National Park in 1919 as the first national park east of the 
Mississippi River. Much of the land comprising the park was 
donated from private landowners, a practice that continued 
throughout much of the 20th century.\2\ In 1929, Congress 
authorized the Secretary of the Interior to accept a donation 
of land on the Schoodic Peninsula and gave the park its current 
name.\3\ The 1929 law also authorized the Secretary of the 
Interior to acquire additional lands for the park in Hancock 
County and certain parts of Knox County. In the succeeding 
decades additional lands were periodically acquired to expand 
the park.
---------------------------------------------------------------------------
    \2\Ibid.
    \3\Ibid.
---------------------------------------------------------------------------
    In 1986, after years of poor relations between the 
surrounding towns and the National Park Service (NPS) due to a 
diminishing tax base as land continued to be acquired for the 
park, Congress passed and President George H.W. Bush enacted 
Public Law 99-420 to establish a more permanent and contiguous 
boundary for the park. The 1986 law granted the Secretary of 
the Interior authority to exchange, or purchase from willing 
sellers, selected inholdings to remove private inholdings in 
the park; directed the Secretary to transfer ownership of 
selected noncontiguous parcels; continued the authority to 
accept conservation easements; and established a park advisory 
commission. The implementation of the 1986 law greatly improved 
relations between the local communities and the park.
    In 2015, an anonymous donor gave 1,441 acres, known as 
Schoodic Woods, to the NPS. It was only after the land was 
transferred to the park that the NPS informed the public that 
the legal authority it used for the transfer came from the 1929 
law that area residents and elected officials believed had been 
superseded by the 1986 law. According to a letter sent by the 
Department of the Interior's Office of the Solicitor to NPS 
officials on January 24, 2014, the 1929 law permits the park to 
accept ownership of donated land, as opposed to purchasing it. 
The 1986 law, according to the letter, sets physical limits for 
lands the NPS can purchase and for lands on which the NPS can 
acquire conservation easements, but it does not specifically 
set limits for donated land.\4\
---------------------------------------------------------------------------
    \4\Trotter, Bill. ``Panel lambastes how Schoodic land was given to 
Acadia.'' Bangor Daily News. February 05, 2016. Accessed November 09, 
2017. https://bangordailynews.com/2016/02/03/news/hancock/panel-
lambastes-how-schoodic-land-was-given-to-acadia/.
---------------------------------------------------------------------------
    Although the donation of the property to the park was 
supported by local communities, the method by which the park 
was expanded was criticized by many area residents and elected 
officials and undermined some of the goodwill that has been 
built between the NPS and the Bar Harbor region since 1986. 
Furthermore, the NPS did not consult with the Acadia Advisory 
Commission before the transfer took place. One of the primary 
reasons the 16-seat panel was created by Congress in 1986 was 
to consult with the NPS on ``the acquisition of lands and 
interests in lands.''\5\ H.R. 4266 would permanently authorize 
the Acadia Advisory Commission.
---------------------------------------------------------------------------
    \5\``Acadia Advisory Commission.'' National Parks Service. Accessed 
November 09, 2017. https://www.nps.gov/acad/getinvolved/acadia-
advisory-commission.htm.
---------------------------------------------------------------------------
    In addition to the disputes regarding the boundary of the 
park, issues related to traditional harvesting of marine 
organisms in the intertidal zone in and around the park have 
also arisen in recent years. Local clammers, wormers, and other 
harvesters have expressed concerns about the unpredictable 
enforcement in the intertidal zone in and around the park. In 
recent years, park officials have begun to limit commercial 
harvesting in the intertidal zone and some harvesters report 
having been forced to dump the buckets of worms or clams they 
spent hours digging, losing their day's pay. H.R. 4266 requires 
the Secretary of the Interior to allow for the traditional 
harvesting of the marine organisms in or near the park 
according to the laws of the State of Maine.
    In deleting section 4 of the bill during markup of the 
measure, the Committee believes that the Secretary of the 
Interior already has sufficient authority and flexibility under 
section 102(f) of the Public Law 99-420 to address the issue of 
waste generated by the park. This can include less rigid 
methods for waste management. As noted in Public Law 99-420, 
any town in its discretion can work with the Secretary to 
develop a plan, and the Committee expects the Secretary to take 
the needs and the views of the towns, including a regional 
consortium of towns established for solid waste management, in 
implementing this provision. The Secretary should also take 
into account any changing circumstances since the enactment of 
Public Law 99-420 over 30 years ago.
    Senator Angus S. King, Jr. (I-ME) has introduced a Senate 
companion bill, S. 2101, this Congress.

                            Committee Action

    H.R. 4266 was introduced on November 7, 2017, by 
Congressman Bruce Poliquin (R-ME). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On November 15, 2017, the 
Subcommittee held a hearing on the legislation. On December 12, 
2017, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an amendment designated 
#1; it was adopted by unanimous consent. No further amendments 
were offered, and the bill, as amended, was ordered favorably 
reported to the House of Representatives by unanimous consent 
on December 13, 2017.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 21, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4266, the Acadia 
National Park Boundary Clarification Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 4266--Acadia National Park Boundary Clarification Act

    H.R. 4266 would confirm the boundary of Acadia National 
Park in Maine. The National Park Service (NPS), which manages 
the park, administratively adjusted the boundary in 2015 when 
the agency accepted the donation of 1,441 acres of land for 
inclusion within the park. The bill also would permanently 
authorize that park's advisory commission and require the NPS 
to allow traditional harvesting of marine species within and 
near park boundaries in accordance with the laws of the State 
of Maine. Finally, the bill would require the NPS to convey a 
0.29-acre parcel of land located within the park to the Town of 
Bar Harbor.
    Based on the budgets for Acadia National Park and other 
units of the National Park System, CBO estimates that allowing 
traditional harvesting activities would lead to an increase in 
management, monitoring, and enforcement costs at the park, but 
such costs would total less than $500,000 over the 2018-2022 
period. In addition, using information from the NPS, CBO 
estimates that the agency would incur roughly $50,000 in 
administrative costs associated with the land conveyance to the 
Town of Bar Harbor. Such spending would be subject to the 
availability of appropriated funds.
    Enacting H.R. 4266 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 4266 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 4266 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to clarify the boundary of Acadia 
National Park.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           PUBLIC LAW 99-420


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

                                TITLE I


SEC. 101. BOUNDARIES OF ACADIA NATIONAL PARK.

   [In order to] (a)  Boundaries._Subject to subsections (b) 
and (c)(2), 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]
  (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).
  (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 available for public 
                inspection in the offices of the National Park 
                Service, Department of the [Interior, and it 
                shall be made]  Interior; and
                  (B) made available to the Registry of Deeds 
                for Hancock and Knox Counties, Maine.
          (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. 102. LANDS WITHIN BOUNDARIES.

  (a) The Secretary [of the Interior (hereinafter in this title 
referred to as ``the Secretary'')] is authorized to acquire 
lands and interests therein within the boundaries of the Park 
by donation, exchange (in accordance with this section), or 
purchase with donated or appropriated funds, except that--
          (1) any lands or interests therein owned by the State 
        of Maine or any political subdivision thereof may be 
        acquired only by donation or exchange; and
          (2) privately owned lands or interests therein may be 
        acquired only with the consent of the owner thereof 
        unless the Secretary determines that the property is 
        being developed or proposed to be developed in a manner 
        which is detrimental to the scenic, historical, 
        cultural, and other values for which the Park was 
        established.
  (b)(1) Not later than 6 months after the enactment of this 
Act, the Secretary shall publish specific guidelines under 
which determinations shall be made under subsection (a)(2). The 
Secretary shall provide adequate opportunity for public comment 
on such guidelines. The guidelines shall provide for notice to 
the Secretary prior to commencement of any proposed development 
within the boundaries of the Park. The Secretary shall provide 
written notice to the owner of the property of any 
determination proposed to be made under subsection (a)(2) and 
shall provide the owner a reasonable opportunity to comment on 
such proposal.
          (2) For purposes of this section, except as provided 
        in paragraph (3), development or proposed development 
        of private property within the boundaries of the Park 
        that is significantly different from, or a significant 
        expansion of, development existing as of November 1, 
        1985, shall be considered by the Secretary as 
        detrimental to the values for which the Park was 
        established.
          (3) Reconstruction or expansion of a private or 
        commercial building shall not be treated as detrimental 
        to the Park or as an incompatible development within 
        the meaning of this section if such reconstruction or 
        expansion is limited to one or more of the following:
          (A) Reconstruction of an existing building.
          (B) Construction of attached or accessory structural 
        additions, which do not exceed 25 per centum of the 
        square footage of the principal structure.
          (C) Construction of reasonable support development 
        such as roads, parking facilities, water and sewage 
        systems, and dock facilities.
          [(k)] (4) For purposes of subsection (a)(2), the 
        construction of one single family residence on Burnt 
        Porcupine Island by the owner of the Island shall not 
        be treated as detrimental to the scenic, historic, 
        cultural, or other values for which the park was 
        established if, before such construction commences, the 
        Secretary has reviewed and approved plans for the size, 
        location and architectural design of the structure.
  (c)(1) The owners of any private property within the Park 
may, on the date of its acquisition by the Secretary and as a 
condition of such acquisition, retain for himself and his 
successors or assigns a right to use and occupancy for a 
definite term of not more than 25 years, or ending at the death 
of the owner, or his spouse, whichever is later. The owners 
shall elect the term to be reserved. The Secretary shall pay to 
the owner the fair market value of the property on the date of 
such acquisition, less the fair market value, of the right 
retained by the owner.
          (2) Any such right retained pursuant to this 
        subsection shall be subject to such terms and 
        conditions as the Secretary may prescribe and may be 
        terminated by the Secretary upon his determination and 
        after reasonable notice to the owner thereof that such 
        property is being used for any purpose which is 
        incompatible with the administration of the Park or 
        with the preservation of the resources therein. Such 
        right shall terminate by operation of law upon 
        notification to the owner by the Secretary and 
        tendering to the owner the amount equal to the fair 
        market value of that portion which remains unexpired.
  (d)(1) In exercising his authority to acquire lands by 
exchange pursuant to this title, the Secretary may accept title 
to non-Federal property located within [the the] the boundary 
of the Park and may convey to the grantor of such property any 
federally owned property under the jurisdiction of the 
Secretary which lies outside said boundary and depicted on the 
map. Properties so exchanged shall be approximately equal in 
value, as determined by the Secretary, except that the 
Secretary may accept cash from or pay cash to the grantor in 
such an exchange in order to equalize the value of the 
properties exchanged.
          (2) Federally owned property under jurisdiction of 
        the Secretary referred to in paragraph (1) of this 
        subsection shall be conveyed to the towns in which the 
        property is located without encumbrance and without 
        monetary consideration, except that no town shall be 
        eligible to receive such lands unless lands within the 
        Park boundary and owned by the town have been conveyed 
        to the Secretary.
  (e) Notwithstanding any other provision of this section, 
lands depicted on the map referenced in section 101 and 
identified as 10BH and 11DBH known as the ``Bar Harbor Sewage 
Treatment Plant''; 14DBH known as the ``New Park Street 
Ballfield''; and 15DBH known as the ``Former Park 
Headquarters''; shall be conveyed by the Secretary, without 
monetary consideration, to the town of Bar Harbor, Maine, 
within 180 days following the enactment of this Act. The real 
property conveyed pursuant to this subsection shall be used and 
retained by the town for municipal and public purposes. Title 
to the properties conveyed pursuant to this subsection shall 
revert to the United States if such property or any portion 
thereof is conveyed by the town to another party or used for 
purposes other than those specified in this subsection.
  (f) Notwithstanding any other provision of this section, land 
depicted on the map identified as 4dbh, located in the village 
of town hill, maine, shall be conveyed by the secretary without 
monetary consideration, to the town of bar harbor, maine, as 
soon as practicable following the enactment of this act, 
subject to such terms and conditions, including appropriate 
reversionary provisions, as will in the judgment of the 
secretary provide for the development and use of such property 
by any town which so desires as a solid waste transfer station 
in accordance with a plan that is satisfactory to the town and 
the secretary. the secretary shall (subject to the availability 
of prior appropriations) contribute toward the cost of 
constructing such transfer station the lesser of--
          (1) $350,000, or
          (2) 50 per centum of the cost of such construction.
  (g) Notwithstanding any other provision of this section, the 
Secretary is authorized to acquire by donation or exchange 
lands or interests therein in the area identified on the map as 
``Schooner Head'', which is outside the boundary of the park. 
The Secretary is further authorized to acquire conservation 
easements on such lands by purchase with donated or 
appropriated funds if he determines after written notice to the 
owner and after providing a reasonable opportunity to comment 
on such notice, that the property is being developed or 
proposed to be developed in a manner which is significantly 
different from or a significant expansion of development 
existing as of November 1, 1955, as defined in subsection (b) 
of this section.
  (h)(1) The Secretary is authorized to acquire conservation 
easements by purchase from a willing seller or by donation on 
parcels of land adjacent to the Park on Schoodic Peninsula, the 
islands of Hancock County, and the islands of Knox County east 
and south of the Penobscot Ship Channel, except such islands as 
lie within the town of Isle au Haut, Knox County. Parcels 
subject to conservation easements acquired or accepted by the 
Secretary under this subsection must possess one or more of the 
following characteristics:
                  (A) important scenic, ecological, historic, 
                archeological, or cultural resources;
                  (B) shorefront property; or
                  (C) largely undeveloped entire islands.
          (2) Conservation easements acquired pursuant to this 
        subsection shall--
          (A) protect the respective scenic, ecological, 
        historic, archeological, or cultural resources existing 
        on the parcels;
          (B) preserve, through setback requirements or other 
        appropriate restrictions, the open, natural, or 
        traditional appearance of the shorefront when viewed 
        from the water or from other public viewpoints; or
          (C) limit year-round and seasonal residential and 
        commercial development to activities consistent with 
        the preservation of the islands' natural qualities and 
        to traditional resource-based land use including, but 
        not limited to, fishing, farming, silviculture, and 
        grazing.
          (3) In determining whether to accept or acquire 
        conservation easements pursuant to this subsection, the 
        Secretary shall considerthe following factors:
          (A) the resource protection benefits that would be 
        provided by the conservation easement;
          (B) the public benefit that would be provided by the 
        conservation easement;
          (C) the significance of the easement in relation to 
        the land planning objectives of local government and 
        regional and State agencies;
          (D) the economic impact of the conservation easement 
        on local livelihoods, activities, and government 
        revenues; and
          (E) the proximity of the parcel to the boundary of 
        the Park and to other parcels on which the Secretary 
        maintains conservation easements.
          (4) For purposes of this subsection, the term 
        ``conservation easement'' means a less-than-fee 
        interest in land or a conservation restriction as 
        defined in section 476 through 479-B inclusive, as 
        amended, of title 33 of the Maine Revised Statutes of 
        1964, as in effect on the date of the enactment of this 
        Act.
          (5) No easement may be acquired by the Secretary 
        under this subsection without first consulting with, 
        and providing written notification to, the town in 
        which the land is located and the Acadia National Park 
        Advisory Commission established by section 103 of this 
        title. In providing such notification, the Secretary 
        shall indicate the manner and degree to which the 
        easement meets the criteria provided in this 
        subsection.
  (i) Nothing in this section shall be construed to prohibit 
the use of condemnation as a means of acquiring a clear and 
marketable title, free of any and all encumbrances.
  (j)(1) Notwithstanding any other provision of this section, 
the Secretary shall accept an offer of the following from the 
Jackson Laboratory (a not-for-profit corporation organized 
under the laws of Maine):
                  (A) Lands depicted on the map as 55 A ABH 
                which are held in fee by the Jackson 
                Laboratory.
                  (B) A conservation easement on lands depicted 
                on the map identified as 55 ABH (the developed 
                property known as ``Highseas''). The easement 
                shall prohibit subdivision of such land or any 
                further significant development on such lands, 
                except as permitted by the guidelines published 
                under section 102(b)(1).
          (2) Upon receipt of the lands and easement described 
        in paragraph (1), the Secretary shall transfer to the 
        Jackson Laboratory the lands depicted on the map as 8 
        DBH and 9 DBH. Any disparity in the fair market value 
        of the lands and easement referred to in paragraph (1) 
        and the lands described in the preceding sentence shall 
        be equalized as provided in section 102(d)(1).
  (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. 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 40 years after the enactment of this Act.]

           *       *       *       *       *       *       *


SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES.

  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--
          (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.

           *       *       *       *       *       *       *

                              ----------                              


                        ACT OF FEBRUARY 26, 1919

 AN ACT to establish the Lafayette National Park in the State of Maine.



           *       *       *       *       *       *       *
  [Sec. 3.  That the Secretary of the Interior is hereby 
authorized, in his discretion, to accept in behalf of the 
United States such other property on said Mount Desert Island, 
including lands, easements, buildings, and moneys, as may be 
donated for the extension or improvement of said park.]
                              ----------                              


                        ACT OF JANUARY 19, 1929

   AN ACT To provide for the extension of the boundary limits of the 
Lafayette National Park in the State of Maine and for change of name of 
                 said park to the Acadia National Park.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, [That the 
Secretary of the Interior is authorized, in his discretion, to 
accept in behalf of the United States lands, easements, and 
buildings, as may be donated for the extension of the Lafayette 
National Park, lying within the bounds of Hancock County within 
which the park is situated, together with such islands in Knox 
County adjoining as lie to the east and south of the main ship 
channel through Penobscot Bay, which complete the archipelago 
of which Mount Desert Island, whereon the park is situated, 
forms the dominant and largest unit.]

           *       *       *       *       *       *       *

                              ----------                              


                         ACT OF AUGUST 1, 1950

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

SECTION 1.CONVEYANCE OF LAND IN ACADIA NATIONAL PARK.

  The Secretary of the Interior, in his discretion, is hereby 
authorized to convey without consideration, but under such 
terms and conditions as he may deem advisable, to the town of 
Tremont, Hancock County, Maine, [for school purposes] 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, eight and forty-five one-hundredths acres of 
land, more or less, situate between Marsh Creek and Marsh Road 
on Mount Desert Island, Hancock County, Maine, now a part of 
Acadia National Park.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    While we agree with many of the provisions in H.R. 4266, we 
are concerned about Section 109.
    Notwithstanding the strong culture of hunting and fishing 
in the State of Maine, the resources of Acadia National Park 
belong to all Americans, not just those that live within the 
state.
    We agree that all visitors to the Acadia Park should be 
able to partake in the great tradition of harvesting and 
fishing marine organisms. However, we are concerned that the 
language in Section 109 is overly broad and could lead to 
activities that are inconsistent with the mission of the park. 
Within National Park Service (NPS) units, where fishing and 
marine harvesting are allowed, the fisheries are jointly 
managed by the NPS and the state. We encourage this joint 
management model and believe state and federal collaboration 
provides effective resource protection.

                                   Raul M. Grijalva,
                                           Ranking Member, House 
                                               Natural Resources 
                                               Committee.
                                   Grace F. Napolitano,
                                           Member of Congress.