[Senate Report 115-319]
[From the U.S. Government Publishing Office]
Calendar No. 538
115th Congress} { Report
SENATE
2d Session } { 115-319
======================================================================
ACADIA NATIONAL PARK BOUNDARY CLARIFICATION ACT
_______
August 15, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2102]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2102) to clarify the boundary of Acadia
National Park, and for other purposes, having considered the
same, reports favorably thereon with an amendment in the nature
of a substitute and recommends that the bill, as amended, do
pass.
Amendments
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.
``(a) Definitions.--In this section:
``(1) Land within the park.--The term `land within the Park'
means land owned or controlled by the United States--
``(A) that is within the boundary of the Park
established by section 101; or
``(B)(i) that is outside the boundary of the Park;
and
``(ii) in which the Secretary has acquired a property
interest or conservation easement pursuant to this
title.
``(2) Marine species; marine worm; shellfish.--The terms
`marine species', `marine worm', and `shellfish' have the
meanings given those terms in section 6001 of title 12 of the
Maine Revised Statutes (as in effect on the date of enactment
of this section).
``(3) State law.--The term `State law' means the law
(including regulations) of the State of Maine, including the
common law.
``(4) Taking.--The term `taking' means the removal or
attempted removal of a marine species, marine worm, or
shellfish from the natural habitat of the marine species,
marine worm, or shellfish.
``(b) Continuation of Traditional Uses.--The Secretary shall allow
for the traditional taking of marine species, marine worms, and
shellfish, on land within the Park between the mean high watermark and
the mean low watermark in accordance with State law.''.
SEC. 8. CONVEYANCE OF CERTAIN LAND IN ACADIA NATIONAL PARK TO THE TOWN
OF BAR HARBOR, MAINE.
(a) In General.--The Secretary shall convey to the Town of Bar
Harbor all right, title, and interest of the United States in and to
the .29-acre parcel of land in Acadia National Park identified as lot
110-055-000 on the tax map of the Town of Bar Harbor for section 110,
dated April 1, 2015, to be used for a solid waste transfer facility.
(b) Reversion.--If the land conveyed under subsection (a) is used
for a purpose other than the purpose described in that subsection, the
land shall, at the discretion of the Secretary, revert to the United
States.
Purpose
The purpose of S. 2102 is to clarify the boundary of Acadia
National Park and to make other modifications to Acadia
National Park management authorities.
Background and Need
In 1916, President Wilson established the Sieur de Monts
National Monument in Maine. In 1919, President Wilson signed a
law designating the area as Lafayette National Park. In 1929,
the name was changed to Acadia National Park (Park). Today the
Park protects more than 47,000 acres and hosts over 3.5 million
visitors annually.
In November 2015, the National Park Service (NPS) accepted
a donation from the National Park Foundation of 1,441 acres
adjacent to the Schoodic Peninsula for inclusion in the Park.
The Schoodic Peninsula property was conveyed to the National
Park Foundation from Schoodic Woods LLC, a subsidiary of Lyme
Timber, in August 2015. For several years prior to the
transition to the National Park Foundation, the NPS had
effectively managed the Schoodic Peninsula property as NPS
property. Although many in the local community supported the
property becoming a part of the Acadia National Park
eventually, Congressional approval of the boundary adjustment
and addition was thought necessary by some. Opposition to the
inclusion of the addition was primarily based on the common
assumption that the park had a permanent boundary. This
assumption was based on the fact that in 1986, Congress
approved a permanent boundary for Acadia National Park (Public
Law 99-420), limiting the size of the Park's growth, and
establishing the Acadia National Park Advisory Commission.
Proponents of acquiring the additional 1,441 acres believed
that Congressional action was needed to adjust the boundary,
regardless of the level of community support.
NPS claimed authority under a 1929 law to expand the Park's
boundary and accepted the donation of the 1,441 acres (45 Stat.
1083, chapter 77) rather than seek another Act of Congress. NPS
failed to notify the Acadia National Park Advisory Commission
or Congress of its intent to accept this donation under the
1929 authority prior to notice in the Federal Register.
Although the Department of the Interior asserted legal
authority to accept the donation of land for addition to the
Park, many local communities objected to the process that NPS
used to acquire the property. S. 2102 seeks to clarify the
situation by ratifying the prior donation by statute while
clarifying that any future additions or large boundary
modifications require an Act of Congress. S. 2102 would also
specifically allow limited future technical boundary
corrections of less than 10 acres each, with all revisions
taken together not to increase the acreage of the park by more
than 100 acres. Before revising the boundaries of the Park
pursuant to the bill, the Secretary would be required to:
certify that the boundary revision will contribute to and is
necessary for proper preservation, protection, interpretation
or management of the park; consult with local authorities as
specified; obtain written consent from specified property
owners; and provide written notice to the Acadia National Park
Advisory Commission, the Committee on Energy and Natural
Resources of the Senate, the Committee on Natural Resources of
the House of Representatives, and the Maine Congressional
delegation.
S. 2102 would resolve other local issues relating to the
operation and maintenance of Acadia National Park. These
include permanently reauthorizing the Acadia National Park
Advisory Commission, modifying existing land use restrictions
in areas of the park, and allowing for an area previously set
aside for a public school to be used for additional public
purposes, as the tract is no longer needed for a school.
S. 2102 would also clarify that traditional harvesting of
marine species, marine worms, and shellfish within park
boundaries and any adjacent areas where the Secretary may have
a property interest or conservation easement is an allowable
activity. In Maine, unlike most states, the intertidal zone
between the mean high watermark and the mean low watermark
belongs to the owner of the adjacent upland rather than the
state. A colonial ordinance adopted by the Massachusetts Bay
Colony in 1641, when Maine was still part of Massachusetts,
provided that the owner of the upland held title to the
adjoining intertidal zone subject to the public's right to fish
in the intertidal zone. Although the colonial ordinance is no
longer in effect, the Supreme Court of Maine long ago held that
the public right of fishing afforded by the colonial ordinance
was a rule of Massachusetts common law when Maine became a
state in 1820 and was incorporated into the common law of Maine
pursuant to the Maine Constitution at that time.
Although Maine law has given the public the right to
harvest marine species in the intertidal zone since statehood,
the NPS currently prohibits this activity within Acadia
National Park pursuant to its statutory responsibility to
protect park resources. To alleviate the conflict between the
public's common law right and National Park Service
regulations, S. 2102 would make it clear that the National Park
Service, like any other owner of land adjacent to the
intertidal zone, must allow the public to collect marine
species, marine worms, and shellfish in accordance with Maine
law in the intertidal zone within the boundaries of Acadia
National Park or on lands owned or controlled by the National
Park Service in which it has a property interest or
conservation easement.
Finally, S. 2102 would convey a .29-acre parcel of land in
Acadia National Park to the town of Bar Harbor, Maine, to be
used as a solid waste transfer facility for the benefit of the
park and local communities. If this parcel is used for a
purpose other than as a solid waste transfer facility, it
shall, at the discretion of the Secretary, revert to the United
States.
Legislative History
Senators King and Collins introduced S. 2102, the Acadia
National Park Boundary Clarification Act, on November 8, 2017.
The Subcommittee on National Parks held a hearing on S. 2102 on
February 14, 2018.
A similar measure, H.R. 4266 was introduced by Rep.
Poliquin in the House of Representatives on November 7, 2017.
The Natural Resources Subcommittee on Federal Lands held a
hearing on H.R. 4266 on November 15, 2017. The Natural
Resources Committee reported the bill on December 13, 2017 (H.
Rept. 115-526).
The Committee on Energy and Natural Resources met in open
business session on May 17, 2018, and ordered S. 2102 favorably
reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 17, 2018, by a majority voice vote
of a quorum present recommends that the Senate pass S. 2102, if
amended as described herein.
Committee Amendment
During its consideration of S. 2102, the Committee adopted
an amendment in the nature of a substitute that is further
described in the section-by-section analysis.
Section-by-Section Analysis
Section 1. Short title
Section 1 sets forth a short title.
Section 2. Acadia National Park boundary clarification
Section 2 clarifies the boundary of Acadia National Park,
specifically incorporating the Schoodic Peninsula Addition, and
confirming that the Park includes 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. This section amends Public Law 99-420 to ratify
and approve the Schoodic Peninsula addition. In addition,
section 2 provides for future technical and limited boundary
revisions to the park boundary, by permitting the Secretary of
the Interior, by publication in the Federal Register, to make
certain boundary revisions and ensuring that such adjustments
are limited in scope to less than 10 acres each, are not part
of a more comprehensive boundary adjustment plan, and do not
increase the size of the Park by more than 100 acres as
compared to the size of the park on the date of enactment.
Section 3. Limitation on acquisitions of land for Acadia National Park
Section 3 amends section 102 of Public Law 99-420 (16
U.S.C. 341 note) by reformatting paragraphs, removing
duplicative language, and adding two new sections at the end:
``REQUIREMENTS.'' which sets forth due-diligence the Secretary
must perform before revising the boundaries of the park, and
``LIMITATION.'' which clarifies that the Secretary may not use
the authority provided by section 100506 of title 54, U.S.C.,
to adjust the permanent boundaries of the Park pursuant to this
title.
The added ``REQUIREMENTS'' provision mandates that the
Secretary shall (1) certify that the proposed 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, or
interest in, the land to be acquired regarding impacts of the
proposed revision; (3) obtain written consent for the proposed
boundary revision from each property owner that is a party to
the revision; and (4) submit written notice of the proposed
boundary revision to the Acadia National Park Commission, 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 before revising the
boundaries of the park.
Section 4. Acadia National Park Advisory Commission
Section 4 instructs the Secretary to reestablish and
appoint members to the Acadia National Park Advisory Commission
in accordance with section 103 of P.L. 99-420 (16 U.S.C. 341
note) and amends section 103 of Public Law 99-420 by striking
subsection (f), which terminates the Commission.
Section 5. Repeal of certain provisions relating to Acadia National
Park
Section 5 repeals section 3 of the Act of February 26, 1919
(40 Stat. 1178, chapter 45), which authorizes the Secretary to
accept property donations on Mount Desert Island in Maine, and
section 1 of the Act of January 19, 1929 (45 Stat. 1083,
chapter 77), which authorizes the Secretary to accept property
donations for the extension of Lafayette National Park in
Maine.
Section 6. Modification of use restriction
Section 6 amends the Act of August 1, 1950 (64 Stat. 383,
chapter 511), so that certain land in Acadia National Park that
was conveyed to the town of Tremont, Maine by the Secretary is
no longer exclusively used for school purposes, but for public
purposes subject to conditions that use of the land does not
degrade or adversely impact the resources or values of Acadia
National Park, and that the land remains in public ownership
for recreational, educational, or similar public purposes.
Section 7. Continuation of certain traditional uses
Section 7 amends Title I of Public Law 99-420 (16 U.S.C.
341 note) by adding ``SEC. 109. CONTINUATION OF CERTAIN
TRADITIONAL USES.''.
The new section provides relevant definitions related to
the continuation of traditional activities within the Park and
on lands in which the Secretary has acquired a property
interest or conservation interest. The Secretary shall allow
for the traditional taking of marine species, marine worms, and
shellfish on land within the Park between the mean high
watermark and the mean low watermark in accordance with State
law.
Section 8. Conveyance of certain land in Acadia National Park to the
Town of Bar Harbor, Maine
Section 8 instructs the Secretary to convey specified land
to the Town of Bar Harbor for use as a solid waste transfer
facility. If the conveyed land is used for a purpose other than
as a solid waste transfer facility, the Secretary is authorized
to revert the conveyed land back to the United States.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 2102 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 would 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, S. 2102 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 2019-2023
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 S. 2102 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 2102 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 2102 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On December 21, 2017, CBO transmitted a cost estimate for
H.R. 4266, the Acadia National Park Boundary Clarification Act,
as ordered reported by the House Committee on Natural Resources
on December 13, 2017. The pieces of legislation are similar,
and CBO's estimates of their budgetary effects are the same.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
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. 2102. 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. 2102, as ordered reported.
Congressionally Directed Spending
S. 2102, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in Rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the February 14, 2018, hearing on S. 2102 follows:
Statement of P. Daniel Smith, Deputy Director, Exercising the Authority
of the Director of the National Park Service, Department of the
Interior
Chairman Daines, Ranking Member King, and members of the
Subcommittee, thank you for the opportunity to present the
Department of the Interior's views on S. 2102, to clarify the
boundary of Acadia National Park, and for other purposes.
The Department supports this legislation. S. 2102 contains
changes that address the Department's concerns about the
original version's (S. 257) provisions on park boundary
authority and traditional harvesting authority in Acadia
National Park. We appreciate the willingness of the bill
sponsor, Ranking Member King, and the other members of the
Maine delegation, to work with us to resolve these concerns.
Section 2 of S. 2102 would confirm in statute that the
boundary of Acadia National Park now also includes the
approximately 1,441-acre Schoodic Woods property that was
donated to the National Park Service (NPS) in 2015.
The NPS accepted the donation of the Schoodic Woods
property and added it to the boundary of the park under the
authority of 16 U.S.C. 342(a), which was enacted as part of the
Act of January 19, 1929, and which authorizes the NPS to accept
donations of lands, easements, and buildings within Hancock
County, Maine, the county in which most of Acadia is located.
The NPS published the notice of the boundary adjustment
reflecting the imminent acceptance of fee title to the Schoodic
Woods property in the Federal Register of November 17, 2015.
We understand the concerns that have been raised about the
use of this authority given that Congress passed legislation in
1986 establishing a ``permanent boundary'' for the park
(Section 102 of P.L. 99-420). Section 2 would allay those
concerns and we support this section.
Section 3 provides that, although generic minor boundary
adjustment authority could not be used at Acadia, the NPS would
have a park-specific authority to make technical boundary
revisions and other limited boundary revisions involving up to
10 acres of land. The legislation additionally provides that
all such revisions taken together may not increase the size of
the park by more than a total of 100 acres over the size of the
park on the date of enactment of this bill.
This provision will allow the NPS to address encroachments
due to mistaken surveys, rationalize boundary lines, and
otherwise resolve real-world land ownership dilemmas that have
an impact on neighboring landowners. We understand the desire
of the Maine delegation and the communities around Acadia to
limit changes to the park boundaries established in 1986 and we
appreciate the sponsor's pragmatic approach to this issue.
Section 4 would authorize the Secretary, subject to the
availability of prior appropriations, to contribute $350,000 to
a regional consortium of local governments, on or near Mount
Desert Island that is established to improve the management of
the disposal and recycling of solid waste. The 1986 law
required the Secretary to contribute the lesser of $350,000 or
50% of the cost of the construction of a waste transfer
facility that would benefit the park as well as the local
towns. This funding was never appropriated and construction of
a facility is no longer needed, but there is local interest in
converting the $350,000 authorization for construction into a
federal payment for municipal waste disposal. We support
section 4.
Section 5 would permanently authorize the Acadia National
Park Advisory Commission. The Department recognizes the
important work of the Acadia National Park Advisory Commission
(Commission). The Commission advises the Secretary of the
Interior on matters relating to the management and development
of the park. The Commission is composed of 16 members, ten of
whom are appointed based on recommendations from the park's
host communities including the four towns of Mount Desert
Island, three Hancock County mainland towns, and three island
towns.
Section 6 would prohibit the use of the 1929 authority, and
authority under section 3 of the Act of February 26, 1919, to
acquire land by donation outside of the ``permanent boundary''
established in 1986. The intent of this section is to ensure
that the boundaries of the park cannot be enlarged beyond the
lines drawn in 1986 through a donation of land, except for
limited boundary revisions that are authorized through Section
3 of this Act. We support section 6.
Section 7 provides that specified lands that were part of
Acadia and that were conveyed by the NPS to the town of
Tremont, on Mt. Desert Island, for school purposes shall no
longer be required to be used exclusively and perpetually for
school purposes if the land is being used for public purposes,
subject to the condition that use of the land shall not degrade
or adversely impact the resources or values of Acadia National
Park and that the lands shall remain in public ownership for
recreational, educational, or similar public purposes.
Public Law 81-629 permitted the NPS to convey a parcel
identified as NPS Tract 06-126 to the town to locate a new
school. The town is now consolidating schools with a
neighboring town and thus will no longer use this property
exclusively for school purposes, but would like to retain
ownership and continue to use the developed property for
community purposes. This legislation would allow it to do so
and we support this section.
Section 8 provides that the Secretary shall allow the
traditional harvesting of marine species in Acadia and outside
of the park where the NPS has a property interest. The
provision would allow for the harvesting of marine worms,
shellfish, and other marine species (as defined by Maine
Revised Statutes in effect on the date of enactment of this
Act). The Department supports this provision to allow
traditional harvesting of clams and worms in the intertidal
areas of the park to continue.
Finally, Section 9 would require the Secretary to convey to
the Town of Bar Harbor a 0.29-acre parcel of land for the
construction of a solid waste transfer facility. The Department
supports this section and the overall intent of the
legislation.
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
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed 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
A BILL 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 [Sept. 25, 1986], 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.
(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 10DBH 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, 1985, 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 consider the 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)] (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.
(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. 104. BEAR ISLAND.
(a) Notwithstanding any other provision of law, Federal
property located on Bear Island in the town of Cranberry Isle
shall, with the concurrence of the agency having custody
thereof, be transferred without consideration to the
administrative jurisdiction of the Secretary for use by him in
carrying out the provisions of the title. Such Federal property
shall not be developed by the Secretary in a manner which would
provide for or encourage intensive visitor use.
(b) The Secretary is authorized to make improvements to the
Federal property on Bear Island as he deems appropriate for the
protection of adjacent private property.
SEC. 105. TOWN OF ISLE AU HAUT.
The provisions of this title shall not apply to those
portions of the Park lying within the Town of Isle au Haut,
Maine, which lands shall continue to be governed by the
provisions of Public Law 97-335.
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 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 ([former] 16
U.S.C. 460l-9) [now 54 U.S.C. 200306(a)(4)], the statutory
ceiling provided in subsection (a) shall be deemed to have been
enacted prior to the convening of the Ninety-fifth Congress
[Jan. 4, 1977].
(c) Additional Funding.--In addition to such sums as have
been heretofore appropriated, there is hereby authorized
$10,000,000 for acquisition of lands and interests therein.
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 [see 31 U.S.C.
6904(b)] 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 therefor. 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, notwithstanding chapter 63 of title 31,
United States Code, 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 not more than 40 percent
of the total cost 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 to the Secretary not more than 85
percent of the total cost necessary to maintain and
operate the intermodal transportation center.
SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES.
(a) Definitions.--In this section:
(1) Land within the park.--The term ``land within the
park'' means land owned or controlled by the United
States--
(A) that is within the boundary of the Park
established by section 101; or
(B)(i) that is outside the boundary of the
Park; and
(ii) in which the Secretary has acquired a
property interest or conservation easement
pursuant to this title.
(2) Marine species; marine worm; shellfish.--The
terms ``marine species'', ``marine worm'', and
``shellfish'' have the meanings given those terms in
section 6001 of title 12 of the Maine Revised Statutes
(as in effect on the date of enactment of this
section).
``(3) State law.--The term ``State law'' means the
law (including regulations) of the State of Maine,
including the common law.
(4) Taking.--The term ``taking'' means the removal or
attempted removal of a marine species, marine worm, or
shellfish from the natural habitat of the marine
species, marine worm, or shellfish.
(b) Continuation of Traditional Uses.--The Secretary shall
allow for the traditional taking of marine species, marine
worms, and shellfish, on land within the Park between the mean
high watermark and the mean low watermark in accordance with
State law.
ACT OF FEBRUARY 26, 1919
40 Stat. 1178, Chapter 45
AN ACT To establish the Lafayette National Park in the State of Maine
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
tracts of land, easements, and other real estate heretofore
known as the Sieur de Monts National Monument, situated on
Mount Desert Island, in the county of Hancock and the State of
Maine, established and designated as a national monument under
the Act of June eighth, nineteen hundred and six, entitled ``An
Act for the preservation of American antiquities,'' by
presidential proclamation of July eighth, nineteen hundred and
sixteen, is hereby declared to be a national park and dedicated
as a public park for the benefit and enjoyment of the people
under the name of the Lafayette National Park, under which name
the aforesaid national park shall be entitled to receive and to
use all moneys heretofore or hereafter appropriated for Sieur
de Monts National Monument.
Sec. 2. That the administration, protection, and promotion
of said Lafayette National Park shall be exercised under the
direction of the Secretary of the Interior by the National Park
Service, subject to the provision of the Act of August twenty-
fifth, nineteen hundred and sixteen, entitled ``An Act to
establish a National Park Service, and for other purposes,''
and Acts additional thereto or amendatory thereof.
[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
45 Stat. 1083, Chapter 77
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 a of the Interior be, and he is hereby, 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.]
Sec. 2. That the area now within the Lafayette National
Park, together with such additions as may hereafter be made
thereto, shall be known as the Acadia National Park, under
which name the aforesaid national park shall be entitled to
receive and to use all moneys heretofore or hereafter
appropriated for the Lafayette National Park: Provided, That
the provisions of the Act of June 10, 1920, entitled ``An Act
to create a Federal Power Commission, to provide for the
improvement of navigation, the development of water power, the
use of the public lands in relation thereto, and to repeal
section 18 of the Rivers and Harbors Appropriation Act,
approved August 8, 1917, and for other purposes,'' shall not
apply to or extend to any lands now or hereafter included in
said park.
----------
ACT OF AUGUST 1, 1950
64 Stat. 383, Chapter 511
AN ACT To authorize the conveyance, for school purposes, of certain
land in Acadia National Park to the town of Tremont, Maine, and for
other purposes
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.
[all]