H. Rept. 115-526 - ACADIA NATIONAL PARK BOUNDARY CLARIFICATION ACT115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-526
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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\
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\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.
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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.
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\2\Ibid.
\3\Ibid.
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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\
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\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/.
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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.
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\5\``Acadia Advisory Commission.'' National Parks Service. Accessed
November 09, 2017. https://www.nps.gov/acad/getinvolved/acadia-
advisory-commission.htm.
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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.
* * * * * * *
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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.]
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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.]
* * * * * * *
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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.