79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–526 

ACADIA NATIONAL PARK BOUNDARY CLARIFICATION ACT 

JANUARY 25, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 4266] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4266) to clarify the boundary of Acadia National Park, 

and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as 

amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Acadia National Park Boundary Clarification Act’’. 

SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICATION. 

Section 101 of Public Law 99–420 (16 U.S.C. 341 note) is amended— 

(1) in the first sentence, by striking ‘‘In order to’’ and inserting the following: 

‘‘(a) BOUNDARIES.—Subject to subsections (b) and (c)(2), to’’; 

(2) in the second sentence— 

(A) by striking ‘‘The map shall be on file’’ and inserting the following: 

‘‘(c) AVAILABILITY AND REVISIONS OF MAPS.— 

‘‘(1) AVAILABILITY.—The map, together with the map described in subsection 

(b)(1) and any revised boundary map published under paragraph (2), if applicable, shall be— 

‘‘(A) on file’’; and 

(B) by striking ‘‘Interior, and it shall be made’’ and inserting the following: ‘‘Interior; and 

‘‘(B) made’’; 

(3) by inserting after subsection (a) (as designated by paragraph (1)) the following: 

2 

‘‘(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. 

3 

‘‘(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 

4 

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. 2 Ibid. 

3 Ibid. 

4Trotter, 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/. 

its legislated boundary, which runs from the Penobscot River ship 

channel to just east of the Schoodic Peninsula.1

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. 

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

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 

5 

5 ‘‘Acadia Advisory Commission.’’ National Parks Service. Accessed November 09, 2017. 

https://www.nps.gov/acad/getinvolved/acadia-advisory-commission.htm. 

‘‘the acquisition of lands and interests in lands.’’ 5 H.R. 4266 would 

permanently authorize the Acadia Advisory Commission. 

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. 

6 

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. 

7 

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. 

øIn 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 

8 

established as the permanent boundary for the Park. øThe 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 øInterior, 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. 

9 

SEC. 102. LANDS WITHIN BOUNDARIES. 

(a) The Secretary øof 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. 

ø(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 

10 

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 øthe 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 

11 

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 

12 

(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 ConVerDate Sep 11 2014 06:44 Jan 26, 2018 Jkt 079006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR526.XXX HR526
13 

gressional 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. 

ø(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 

14 

(2) on any land located outside of the boundaries of the Park 

with respect to which the Secretary has or obtains a property 

interest of any type pursuant to this title. 

* * * * * * * 

ACT OF FEBRUARY 26, 1919 

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

* * * * * * * 

øSEC. 3. That the Secretary of the Interior is hereby authorized, 

in his discretion, to accept in behalf of the United States such other 

property on said Mount Desert Island, including lands, easements, 

buildings, and moneys, as may be donated for the extension or improvement of said park.¿ 

ACT OF JANUARY 19, 1929 

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

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, øThat the Secretary of the Interior is authorized, in his discretion, to accept in 

behalf of the United States lands, easements, and buildings, as 

may be donated for the extension of the Lafayette National Park, 

lying within the bounds of Hancock County within which the park 

is situated, together with such islands in Knox County adjoining as 

lie to the east and south of the main ship channel through Penobscot Bay, which complete the archipelago of which Mount Desert 

Island, whereon the park is situated, forms the dominant and largest unit.¿ 

* * * * * * * 

ACT OF AUGUST 1, 1950 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, øThat 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, øfor 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 onehundredths 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. 

* * * * * * * 

(15) 

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. 

Æ