49–010 

Calendar No. 243 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–151 

ACADIA NATIONAL PARK IMPROVEMENT ACT OF 2005 

OCTOBER 19, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1154] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1154) to extend the Acadia National Park Advisory Commission, to provide improved visitor services at the park, 

and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill, as 

amended, do pass. 

The amendments are as follows: 

1. On page 2, line 9, strike ‘‘shall’’ and insert ‘‘may’’. 

2. On page 2, line 26, insert ‘‘or any successor transit system’’ 

after ‘‘system’’. 

PURPOSE OF THE MEASURE

The purposes of S. 1154 are to extend the authorization for the 

Acadia National Park Advisory Commission, to increase the appropriation ceiling for land acquisition within the park, and to authorize assistance for the planning, construction, and operation of an 

intermodal transportation center in the park. 

BACKGROUND AND NEED

Acadia National Park encompasses over 47,000 acres on Mount 

Desert Island in Maine and includes granite domed mountains, 

woodlands, lakes and ponds, and dramatic ocean shoreline. In 1986 

the park’s boundary was formally established by Public Law 99– 

420. That law also established a 16-member Acadia National Park 

Advisory Commission to advise the Secretary of the Interior on 

matters relating to the management and development of Acadia 

National Park, including, but not limited to the acquisition of lands 

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and interests in lands (including conservation easements on islands), and termination of rights-of-use and occupancy. The Commission will terminate September 25, 2006. 

The advisory commission plays an important role advising the 

park and serving as a liaison between the park and the local community which still resides in the park. S. 1154 will extend the advisory commission for an additional 20 years, through 2026. 

The Maine Department of Transportation, Friends of Acadia, and 

others are continuing to explore the development of an intermodal 

facility in Trenton that would allow Downeast Transportation and 

Island Explorer to meet, with a parking lot, in an effort to reduce 

traffic. With the National Park Service’s (NPS) involvement, this 

site could eventually be home to a visitor center. However, because 

this area is outside of the park boundary, the NPS is currently unable to contribute funds or staff to this project. The legislation 

would authorize the NPS to participate in the Trenton intermodal 

facility. 

The bill also increases Acadia National Park’s land acquisition 

ceiling by $18.9 million, to $28 million. There are still many tracts 

of private land within Acadia’s authorized boundary that can be developed in ways incompatible with the purposes of the park. Congress established the official boundary in 1986. The National Park 

Service was directed to buy properties within the boundary from 

willing sellers to complete the park; however, due to escalating real 

estate prices on Mount Desert Island, the park is now limited in 

its ability to protect additional lands. 

LEGISLATIVE HISTORY

S. 1154 was introduced by Senators Collins and Snowe on May 

26, 2005. The Subcommittee on National Parks held a hearing on 

S. 1154, on July 28, 2005. At its business meeting on September 

28, 2005, the Committee on Energy and Natural Resources ordered 

S. 1154 favorably reported as amended. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 28, 2005, by a voice vote of a quorum 

present, recommends that the Senate pass S. 1154 if amended as 

described herein. 

COMMITTEE AMENDMENTS

During its consideration of S. 1154 the Committee adopted two 

clarifying amendments recommended by the NPS. The first amendment would make clear that the Secretary of the Interior has discretion whether to assist with the Intermodal Transportation Center authorized in section 4. The second amendment authorized the 

NPS to work with the current provider of the park’s transit system 

or any successor transit system. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill, the ‘‘Acadia National Park Improvement Act of 2005.’’

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Section 2 amends section 103(f) of Public Law 99–420 (16 U.S.C. 

341 note) by extending the term for the Acadia National Park Advisory Commission an additional 20 years. 

Section 3 amends section 106 (a) of Public Law 99–420 (16 U.S.C. 

341 note) to increase the land acquisition ceiling to $28,000,000. 

Section 4 amends title I of Public Law 99–420 (16 U.S.C. 341 

note) by adding a new section which provides for the need and commitments to develop an intermodal transportation center outside 

the boundary of the park to be located in Trenton, Maine. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1154—Acadia National Park Improvement Act of 2005 

Summary: S. 1154 would amend existing laws that govern the 

authority of the National Park Service (NPS) to operate the Acadia 

National Park in Maine. Assuming appropriation of the necessary 

amounts, CBO estimates that implementing this bill would cost the 

NPS about $12 million over the 2006–2010 period. Enacting S. 

1154 would have no effect on revenues or direct spending. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no significant costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1154 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2006 2007 2008 2009 2010 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ............................................................ 2 3 3 2 2 

Estimated Outlays ............................................................................... 2 4 2 2 2 

Basis of estimate: For the estimate, CBO assumes that the entire 

amounts authorized or estimated to be necessary will be appropriated for each fiscal year. Estimated outlays are based on historical patterns for similar NPS acquisition and development projects. 

S. 1154 would increase the statutory ceiling for land acquisition 

costs at Acadia from $9.1 million to $28 million. Because $18 million has already been appropriated and spent for this purpose, the 

proposed increase represents a change of $10 million. CBO estimates that this amount would be spent evenly over a five-year period to purchase up to 100 tracts of land within the park’s existing 

boundaries. 

The bill also would authorize the NPS to participate in designing, building, and operating a transportation center located outside 

of park boundaries. Based on information provided by the agency, 

CBO expects that most of the cost of constructing the center would 

be borne by the Department of Transportation under existing authority. We estimate that the NPS would spend about $2 million 

over the 2007–2008 period to furnish a small visitor facility within 

the center and develop appropriate exhibits and other interpretive 

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materials. We estimate that new annual costs to help operate the 

center would be minimal. 

Finally, S. 1154 would extend the life of the Acadia National 

Park Advisory Committee for an additional 20 years. Authority for 

the commission is set to expire near the end of fiscal year 2006. 

CBO estimates that the cost of operating the commission would be 

less than $50,000 a year beginning in 2007. 

Intergovernmental and private-sector impact: S. 1154 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no significant costs on state, local, or tribal governments. 

Estimated prepared by: Federal Costs: Deborah Reis; Impact on 

State, Local, and Tribal Governments: Marjorie Miller; Impact on 

the Private Sector: Paige Piper/Bach. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1154. 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. 1154, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The views of the Administration on S. 1154 were included in testimony received by the Committee at a hearing on the bill on July 

28, 2005 as follows: 

STATEMENT OF STEPHEN P. MARTIN, DEPUTY DIRECTOR, 

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before your committee to present the views of the Department of the Interior on S. 1154, a bill to extend the Acadia 

National Park Advisory Commission, to provide improved 

visitor services at the park, and for other purposes. The 

Department supports enactment of this bill with two technical amendments. 

If enacted, S.1154 would accomplish three objectives. 

First, it would extend the life of the 16-member Acadia 

National Park Advisory Commission, which is set to expire 

in September 2006, for an additional 20 years. Second, the 

bill would increase the park’s land acquisition ceiling from 

$9.1 million to $28 million. Third, it would authorize Acadia National Park to participate in the planning, construction, and operation of an intermodal transportation center 

outside the park’s boundaries. 

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ACADIA NATIONAL PARK ADVISORY COMMISSION

The Acadia National Park Advisory Commission has 

been in operation for almost 20 years, and continues to be 

a valuable asset that enhances communication between 

park managers and local communities. The Commission’s 

state and local representatives participate actively, and 

they strongly support its continuation. The cost of administering the Commission is minimal and is covered by the 

park’s operating budget. 

INCREASE IN LAND ACQUISITION CEILING

Acadia National Park’s authorized land acquisition ceiling of $9.1 million has been reached, although there are 

over 100 tracts left to be acquired to complete the park as 

authorized by Congress in 1986. Land prices on Mount 

Desert Island, where Acadia National Park is located, have 

increased dramatically since 1986 and may continue to do 

so if local home-inflation trends continue. Many willing 

landowners are anxious to sell, but the park cannot buy 

the land because the land acquisition ceiling does not permit the use of sufficient appropriated funds, thus leaving 

valuable resources within the park threatened with incompatible development. 

The current law allowing Congress to exceed the ceiling 

by 10% or $1 million per year has resulted in an additional 

$8.9 million appropriated over the ceiling, for a total appropriation of $18 million for land acquisition at Acadia 

National Park to date. However, because the current law 

is limited to $1 million per year, it does not adequately address situations where available tracts are valued higher 

than $1 million. If these undeveloped tracts within the 

boundaries of the park are developed with new structures, 

acquisition costs will increase. Acquiring these lands sooner rather than later is more cost-effective for the National 

Park Service in the long run. In addition, the park currently faces encroachment issues, where private landowners use adjacent park lands for swing sets, hot tubs, 

sheds and the like. The proposed $28 million ceiling would 

allow the National Park Service to acquire all parcels of 

land that are located within the boundary of the park that 

are currently available for sale. 

Incompatible development within park boundaries can 

degrade the natural and cultural values that are important to the visitors of Acadia National Park. There are also 

‘‘spillover’’ impacts from use of private lands that are surrounded by park land including noise and light impacts, 

which tend to drive the public away from these parts of 

the park. Finally, larger blocks of land are more cost-effective to manage than smaller discontinuous parcels that are 

owned by multiple owners and thus, result in higher 

boundary monitoring and patrol costs. 

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INTERMODAL TRANSPORTATION CENTER

The intermodal transportation center is the final piece of 

a three-phase transportation strategy that was developed 

with the assistance of an interagency team of transportation and park managers. The interagency team was established pursuant to the 1997 Memorandum of Understanding between the Secretary of Transportation and the 

Secretary of the Interior to comprehensively address public 

transportation in and around our national parks. Language within S. 1154 authorizing Acadia National Park to 

participate in the planning, construction and operation of 

an intermodal transportation center outside park boundaries is essential for completion of a highly successful 

transportation system that operates through a consortium 

of twenty partners. These partners include the U.S. Department of Transportation, the Maine Department of 

Transportation, and many local interests who developed 

this transportation strategy and have combined their resources to offer the Island Explorer, a bus system that 

uses clean propane-powered vehicles to move visitors 

around the Island. The operational costs are paid for by a 

special transportation fee imposed at Acadia, state and 

local funds, and business contributions. 

Daily summer use of the Island Explorer has averaged 

3,700 riders and more than 1.5 million riders have used 

the popular system since it began in 1999. Traffic congestion on Mount Desert Island and the negative impacts of 

too many vehicles in Acadia National Park have been reduced, and the park’s air quality has improved annually. 

Currently, overnight visitors are picked up at their lodgings by the Island Explorer, but the increasing numbers of 

day use visitors do not have access to the transit system 

because it lacks a central parking and bus boarding area. 

As planned, the project calls for developing an off-island 

intermodal transportation center to serve day users of 

Mount Desert Island and Acadia National Park. The center is needed to maximize the benefits of the transit system and to fully achieve the project’s goals of reducing 

traffic congestion, preserving park resources and the visitor experience, and ensuring a vibrant tourist economy. 

The proposed center would be strategically located on 

Route 3 (the only road to Mount Desert Island and Acadia 

National Park) in Trenton, Maine. A non-profit partner 

will acquire the land using donated funds. The Maine Department of Transportation and the Federal Transit Administration will have the lead in the planning and construction of the center, which will include parking for day 

users, a visitor orientation facility highlighting park and 

regional points of interest, a bus boarding area, and a bus 

maintenance garage. 

Most of the proposed facility would be built with funds 

provided by the U.S. Department of Transportation to the 

State of Maine. The National Park Service would be responsible for the design, construction, and operation of all 

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or part of the visitor orientation portion of the center, 

which would include exhibits, media presentations, and 

general information for park visitors bound for Acadia National Park. The National Park Service might also contribute to maintenance and operation of the facility. The 

proposed center would replace the park’s inadequate 

Thompson Island Information Center, which is too small to 

accommodate the large number of summer visitors to the 

park, contains out-of-date exhibits, and is not optimally located to intercept visitors. 

We would recommend two technical amendments be 

made to section 4 of the bill. First, we need to clarify that 

the Secretary would be authorized to conduct activities 

that facilitate the dissemination of information relating to 

the Island Explorer or any successor to the Island Explorer 

in case the transit system is renamed. Second, in order to 

preserve flexibility in how resources are allocated, we 

would recommend that the word ‘‘may’’ be used instead of 

‘‘shall’’. 

Mr. Chairman, thank you for the opportunity to comment. This concludes my prepared remarks and I will be 

happy to answer any questions you or other committee 

members might have. 

TECHNICAL AMENDMENTS TO S. 1154, THE ACADIA NATIONAL PARK

IMPROVEMENT ACT OF 2005

On p. 2, line 9, strike ‘‘shall’’ and insert ‘‘may’’. 

On p. 2, line 26, strike ‘‘system;’’ and insert ‘‘system or any successor transit system;’’. 

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 S. 1154, as 

ordered reported, are shown as follows (existing law proposed to be 

omitted is shown in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

PUBLIC LAW 99–420—SEPT. 25, 1986 

AN ACT To establish a permanent boundary for the Acadia National Park in the 

State of Maine, and for other purposes. 

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

United States of America in Congress assembled, 

TITLE I 

SEC. 101. BOUNDARIES OF ACADIA NATIONAL PARK. 

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. The map 

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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 available to the Registry of Deeds for Hancock and Knox 

Counties, Maine. 

* * * * * * * 

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 ø20¿ 40 years after the enactment of this Act. 

SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

(a) Effective October 1, 1986 there are authorized to be appropriated such sums as may be necessary to carry out the provisions 

of this title, but not to exceed ø$9,100,000¿ $28,000,000 for acquisition of lands and interests therein. 

(b) For the purposes of paragraph 7(a)(3) of the Land and Water 

Conservation Fund Act of 1965 as amended (16 U.S.C. 4601–9), the 

statutory ceiling provided in subsection (a) shall be deemed to have 

been enacted prior to the convening of the Ninety-fifth Congress. 

* * * * * * * 

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SEC. 107. PAYMENTS TO LOCAL GOVERNMENTS. 

(a) Notwithstanding the limitation in subsection 3(d) of the Act 

of October 20, 1976 (90 Stat. 2662) payments in the manner provided in section 3 of that Act shall be made to the appropriate 

units of local government having jurisdiction over lands with the 

boundary of the Park. Such payments shall be made only for a period of 12 years. 

(b) Payments received by the units of local government pursuant 

to this section shall be used only for fire protection, police protection, solid waste management and road maintenance and improvement. 

(c) Payments pursuant to this section may be made only from 

funds appropriated therefore. Such payments shall be in addition 

to and not in place of any other funds or form of Federal assistance 

to which the units of local government are entitled. 

SEC. 108. INTERMODAL TRANSPORTATION CENTER. 

(a) IN GENERAL.—The Secretary may provide assistance in the 

planning, construction, and operation of an intermodal transportation center located outside of the boundary of the Park in the town 

of Trenton, Maine to improve the management, interpretation, and 

visitor enjoyment of the Park. 

(b) AGREEMENTS.—To carry out subsection (a), in administering 

the intermodal transportation center, the Secretary may enter into 

interagency agreements with other Federal agencies, and cooperative 

agreements, under appropriate terms and conditions, with State 

and local agencies, and nonprofit organizations—

(1) to provide exhibits, interpretive services (including employing individuals to provide such services), and technical assistance; 

(2) to conduct activities that facilitate the dissemination of information relating to the Park and the Island Explorer transit 

system or any successor transit system; 

(3) to provide financial assistance for the construction of the 

intermodal transportation center in exchange for space in the 

center that is sufficient to interpret the Park; and 

(4) to assist with the operation and maintenance of the intermodal transportation center. 

(c) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated to 

the Secretary such sums as are necessary to carry out this section (including planning, design and construction of the intermodal transportation center). 

(2) OPERATIONS AND MAINTENANCE.—There are authorized to 

be appropriated such sums as are necessary to maintain and 

operate the intermodal transportation center. 

Æ