59–010 

Calendar No. 607 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–334 

ACADIA NATIONAL PARK SCHOODIC PENINSULA LAND 

RATIFICATION AND APPROVAL ACT 

SEPTEMBER 6, 2016.—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. 3027] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 3027) 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. 

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 Schoodic Peninsula Land 

Ratification and Approval Act’’. 

SEC. 2. ACADIA NATIONAL PARK BOUNDARY. 

Section 101 of Public Law 99–420 (16 U.S.C. 341 note; 100 Stat. 955) is amended— 

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

‘‘(a) BOUNDARIES.—In order to’’; 

(2) in the second sentence, by striking ‘‘The map’’ and all that follows through 

‘‘made’’ and inserting the following: 

‘‘(c) AVAILABILITY OF MAPS.—The maps described in subsections (a) and (b) shall 

be— 

‘‘(1) on file and available for public inspection in the appropriate offices of the 

National Park Service; and 

‘‘(2) made’’; and 

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

‘‘(b) SCHOODIC PENINSULA ADDITION.—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.’’. 


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SEC. 3. ACADIA NATIONAL PARK BOUNDARY AUTHORITY. 

(a) REQUIREMENT.—The Secretary of the Interior may only acquire land or interests in land within the boundary of Acadia National Park in accordance with Public 

Law 99–420 (16 U.S.C. 341 note; 100 Stat. 955). 

(b) REPEALS.—The following provisions are repealed: 

(1) Section 3 of the Act of February 26, 1919 (40 Stat. 1179, chapter 45). 

(2) The first section of the Act of January 19, 1929 (45 Stat. 1083, chapter 

77). 

SEC. 4. ACADIA NATIONAL PARK ADVISORY COMMISSION. 

(a) IN GENERAL.—The Secretary of the Interior 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; 100 Stat. 959). 

(b) CONFORMING AMENDMENT.—Section 103 of Public Law 99–420 (16 U.S.C. 341 

note; 100 Stat. 959) is amended by striking subsection (f). 

SEC. 5. USE RESTRICTION MODIFIED. 

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 property shall not degrade or adversely impact 

the resources or values of Acadia National Park, and the land shall remain in 

public ownership for recreational, educational, or similar public purposes’’. 

PURPOSE

The purpose of S. 3027 is to clarify the boundary of Acadia National Park. 

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 the simple 

pleasures of ‘‘ocean, forests, lakes, and mountains’’ that have been 

enjoyed by millions for over a century. 

In November 2015, the National Park Service (NPS) accepted a 

donation of 1,441 acres adjacent to the Schoodic Peninsula for inclusion to the Park from the National Park Foundation. 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. While 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. 

In 1986, Congress approved a permanent boundary for Acadia 

National Park (P.L. 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, regardless of the level of community support. 

Rather than pursuing a legislative solution, the NPS claimed authority under a 1929 law to expand the Park’s boundary and accept 

the donation of the 1,441 acres (45 Stat. 1083, chapter 77). NPS 

failed to notify the Acadia National Park Advisory Commission or 


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Congress of its intent to accept this donation under the 1929 authority prior to publishing in the Federal Register. 

Although the Department of the Interior believes it had legal authority to accept the donation of land for addition to the Park, 

many local communities objected to the process that NPS utilized 

to acquire the property. S. 3027 seeks to clarify the situation by 

legislatively approving the donation and making clear that any future additions to the Park must be made by an Act of Congress. 

LEGISLATIVE HISTORY

S. 3027 was introduced on June 7, 2016 by Senator King. The 

Subcommittee on National Parks held a hearing on the bill on June 

15, 2016. 

The Committee on Energy and Natural Resources met in open 

business session on July 13, 2016, and ordered S. 3027 favorably 

reported as amended. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 13, 2016, by a majority voice vote of 

a quorum present, recommends that the Senate pass S. 3027, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 3027, the Committee adopted a 

substitute amendment to update the map of the Park; modify the 

Park boundary to include the Schoodic Peninisula Addition; permanently set the boundary of the Park to include the new addition; 

reestablish the Acadia National Park Advisory Commission; and 

modify a land use restriction on certain public properties within 

the Park. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 contains the short title. 

Section 2. Acadia National Park boundary 

Section 2 amends section 101 of Public Law 99–420 by including 

the Schoodic Peninsula Addition in the permanent boundary of the 

Park, as depicted in the referenced map. 

Section 3. Acadia National Park boundary authority 

Section 3 authorizes the Secretary of the Interior to acquire land 

or interests in land within the boundary of the Park in accordance 

with applicable law. This section also repeals certain outdated provisions in the 1919 and 1929 statutes to make clear that any future 

additions to the Park require Congressional authorization. 

Section 4. Acadia National Park Advisory Commission 

Section 4 reestablishes and appoints members to the Acadia National Park Commission in accordance with applicable law. 


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Section 5. Use restriction modified 

Section 5 modifies a use restriction for conveyance of land in the 

Park to include public purposes, subject to the conditions that use 

of the property shall not degrade or adversely impact the resources 

or values of Acadia National Park, and the land shall remain in 

public ownership for recreational, educational, or similar purposes. 

COST AND BUDGETARY CONSIDERATIONS

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

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 1, 2016. 

Hon. LISA MURKOWSKI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 3027, the Acadia National Park Schoodic Peninsula Land Ratification and Approval 

Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jon Sperl. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 3027—Acadia National Park Schoodic Peninsula Land Ratification and Approval Act 

S. 3027 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 repeal the agency’s authority to acquire additional 

parcels of land outside of the permanent boundaries of the park. Finally, the bill would modify a use restriction on a parcel of land 

that was conveyed to the town of Tremont, Maine in 1951. 

Based on information from the NPS, CBO estimates that implementing S. 3027 would not have any significant budgetary effects. 

Enacting the legislation would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting S. 3027 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

S. 3027 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Jon Sperl. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 


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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. 3027. 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. 3027, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 3027, 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 National Park Service at the June 

15, 2016, Subcommittee on National Parks hearing on S. 3027 follows: 

STATEMENT OF DR. STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOURCES, PARTNERSHIPS, AND

SCIENCE, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF

THE INTERIOR

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to appear before you today to 

present the Department of the Interior’s views on S. 3027, 

to clarify the boundary of Acadia National Park, and for 

other purposes. 

The Department would support the sections of S. 3027 

that address Acadia National Park’s boundary, the National Park Service’s (NPS) authority to adjust the park 

boundary, and the use of property conveyed from the NPS 

to the town of Tremont, if those sections are amended in 

accordance with this statement. Regarding the bill’s removal of the statutory time limit for the authorization of 

the Acadia National Park Advisory Commission, the Department is not opposed to that provision. 

Section 2 of S. 3027 would modify the boundary of Acadia National Park (Acadia) established in law in 1986 to 

include approximately 1,441 acres of land on the Schoodic 

Peninsula that comprise the Schoodic Woods property that 

was donated to the NPS in 2015. The Schoodic Woods donation was an extremely generous gift by an anonymous 

donor that included not only the land but also a newly constructed campground, trails, and other visitor amenities; 

an endowment to help pay for operating expenses at the 

site; and funds to pay local governments to help offset the 

loss of tax revenue. The addition to the park of this land, 

adjacent to existing national park land and ready to welVerDate Sep 11 2014 01:49 Sep 13, 2016 Jkt 059010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR334.XXX SR334

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come visitors, was strongly supported by the communities 

on the Schoodic Peninsula and throughout the area surrounding Acadia. 

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 National Park Service 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. 

The intent of Section 2 appears to be to confirm in statute the action the NPS took administratively to add 

Schoodic Woods to the boundary of Acadia. Although we 

believe that the NPS was on solid legal ground in using 

the 1929 authority for this boundary adjustment, we are 

aware of 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). However, we are concerned 

that legislation that amends the 1986 law to modify the 

boundary to include Schoodic Woods not only is redundant, 

it may also have unintended consequences for actions that 

took place with respect to those lands between the dates 

the United States accepted title and the effective date of 

this legislation. We would like to work with the sponsor 

and the committee on an amendment that, rather than 

modifying the boundary, would confirm that the ‘‘permanent boundary’’ has been modified to include this parcel. 

Section 3(c) of S. 3027 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. Because the 

1986 law effectively precludes the use of the minor boundary adjustment authority under the Land and Water Conservation Fund Act (54 U.S.C. 100506), the effect of section 

3(c) would be to eliminate any administrative authority for 

the NPS to accept a donation of even a fraction of an acre 

of land with important resource values if it is located outside the 1986 boundary. Most national parks may use this 

limited administrative authority to acquire small parcels of 

land by purchase, exchange or donation. Those parks are 

able to respond quickly to opportunities or circumstances 

that are relevant to the park not only to accept donations, 

but also to make relatively modest purchases of land outside the boundary. We believe that Acadia should have 

that authority as well. We would like to work with the 

sponsor and the committee to find a way to provide the 

same limited flexibility that other national parks have for 

acquiring land outside their boundary. 

Section 4 of S. 3027 would permanently authorize the 

Acadia National Park Advisory Commission. The commission was first authorized in 1986 and is currently due to 


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expire in 2026. The Department is not opposed to eliminating the expiration date. There are several other advisory commissions for units of the National Park System 

that are permanently authorized, including the ones at 

Gettysburg National Battlefield Park, Jimmy Carter National Historic Site, and the National Park of American 

Samoa. 

The Department recognizes the important work of the 

Acadia National Park Advisory Commission. The commission advises the Secretary of the Interior, through her designee, the superintendent of Acadia, on matters relating to 

the management and development of the park including, 

but not limited to, the acquisition of land and interests in 

land, and the termination of rights of use and occupancy. 

The advisory 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. 

Finally, Section 5 of S. 3027 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. 

Public Law 81–629, enacted in 1950, permitted the NPS 

to convey a parcel identified as NPS Tract 06–126 to the 

town to locate a new school. The conveyance was completed in 1951, with a reverter clause included in the deed 

specifying that the land would revert back to the United 

States of America if no longer used exclusively for school 

purposes. 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. 

The NPS has no intended uses for the property, and is 

agreeable to allowing the town to use the property for 

similar public purposes, so long as the use of the property 

will not degrade or adversely impact park resources and 

values, and the property remains in public ownership for 

recreational, educational or similar public purposes. We 

would support this section if amended to provide for those 

specific terms. We would be happy to provide recommended language. 

Mr. Chairman, this concludes my statement. I would be 

happy to answer any questions you or other members of 

the subcommittee may have. 

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 


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italic, existing law in which no change is proposed is shown in 

roman): 

Act of February 26, 1919 

40 Stat. 1179 

* * * * * * * 

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. 

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 

45 Stat. 1083 

* * * * * * * 

CHAP. 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. 

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

United States of America in Congress assembled, That the Secretary 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 

* * * * * * * 


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Public Law 81–629 

64 Stat. 383 

* * * * * * * 

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, 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 property shall not degrade or 

adversely impact the resources or values of Acadia National Park, 

and 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. 

PUBLIC LAW 99–420, as amended 

* * * * * * * 

TITLE I 

SEC. 101. BOUNDARIES OF ACADIA NATIONAL PARK. 

øIn order to¿ (a) BOUNDARIES.—In order to protect and conserve 

the land and water resources of Acadia National Park in the State 

of Maine (hereinafter in this title referred to as ‘the Park’), and to 

facilitate the administration of the Park, the boundary depicted on 

the map entitled ‘Acadia National Park Boundary Map’, numbered 

123–80011, and dated May 1986 (hereinafter in this title referred 

to as ‘the map’) is hereby established as the permanent boundary 

for the Park. øThe map shall be on file and available for public inspection in the offices of the National Park Service, Department of 

the Interior, and it shall be made¿ 

(b) SCHOODIC PENINSULA ADDITION.—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. 

(c) AVAILABILITY OF MAPS.—The maps described in subsections (a) 

and (b) shall be— 

(1) on file and available for public inspection in the appropriate offices of the National Park Service; and 

(2) made available to the Registry of Deeds for Hancock and 

Knox Counties, Maine. 

* * * * * * * 

SEC. 103. ADVISORY COMMISSION. 

* * * * * * * 


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ø(f) The Commission established under this section shall terminate 40 years after the enactment of this Act.¿ 

* * * * * * * 

Æ 


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