II 

Calendar No. 538 

115TH CONGRESS 

2D SESSION S. 2102 

To clarify the boundary of Acadia National Park, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2017 

Mr. KING (for himself and Ms. COLLINS) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

JULY 30, 2018 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To clarify the boundary of Acadia National Park, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Acadia National Park 

5 Boundary Clarification Act’’. 


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1 SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICA2 TION. 

3 Section 101 of Public Law 99–420 (16 U.S.C. 341 

4 note) is amended— 

5 (1) in the first sentence, by striking ‘‘In order 

6 to’’ and inserting the following: 

7 ‘‘(a) BOUNDARIES.—Subject to subsections (b) and 

8 (c)(2), to’’; 

9 (2) in the second sentence— 

10 (A) by striking ‘‘The map shall be on file’’ 

11 and inserting the following: 

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

13 ‘‘(1) AVAILABILITY.—The map, together with 

14 the map described in subsection (b)(1) and any re15 vised boundary map published under paragraph (2), 

16 if applicable, shall be— 

17 ‘‘(A) on file’’; and 

18 (B) by striking ‘‘Interior, and it shall be 

19 made’’ and inserting the following: ‘‘Interior; 

20 and 

21 ‘‘(B) made’’; 

22 (3) by inserting after subsection (a) (as des23 ignated by paragraph (1)) the following: 

24 ‘‘(b) SCHOODIC PENINSULA ADDITION.— 

25 ‘‘(1) IN GENERAL.—The boundary of the Park 

26 is confirmed to include approximately 1,441 acres of 


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1 land and interests in land, as depicted on the map 

2 entitled ‘Acadia National Park, Hancock County, 

3 Maine, Schoodic Peninsula Boundary Revision’, 

4 numbered 123/129102, and dated July 10, 2015. 

5 ‘‘(2) RATIFICATION AND APPROVAL OF ACQUISI6 TIONS OF LAND.—Congress ratifies and approves— 

7 ‘‘(A) effective as of September 26, 2013, 

8 the acquisition by the United States of the land 

9 and interests in the land described in paragraph 

10 (1); and 

11 ‘‘(B) effective as of the date on which the 

12 alteration occurred, any alteration of the land 

13 or interests in the land described in paragraph 

14 (1) that is held or claimed by the United States 

15 (including conversion of the land to fee simple 

16 interest) that occurred after the date described 

17 in subparagraph (A).’’; and 

18 (4) in subsection (c) (as designated by para19 graph (2)(A)), by adding at the end the following: 

20 ‘‘(2) TECHNICAL AND LIMITED REVISIONS.— 

21 Subject to section 102(k), notwithstanding any other 

22 provision of this section, the Secretary of the Inte23 rior (referred to in this title as the ‘Secretary’), by 

24 publication in the Federal Register of a revised 

25 boundary map or other description, may make— 


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1 ‘‘(A) such technical boundary revisions as 

2 the Secretary determines to be appropriate to 

3 the permanent boundaries of the Park (includ4 ing any property of the Park located within the 

5 Schoodic Peninsula and Isle Au Haut districts) 

6 to resolve issues resulting from causes such as 

7 survey error or changed road alignments; and 

8 ‘‘(B) such limited boundary revisions as 

9 the Secretary determines to be appropriate to 

10 the permanent boundaries of the Park to take 

11 into account acquisitions or losses, by exchange, 

12 donation, or purchase from willing sellers using 

13 donated or appropriated funds, of land adjacent 

14 to or within the Park, respectively, in any case 

15 in which the total acreage of the land to be so 

16 acquired or lost is less than 10 acres, subject 

17 to the condition that— 

18 ‘‘(i) any such boundary revision shall 

19 not be a part of a more-comprehensive 

20 boundary revision; and 

21 ‘‘(ii) all such boundary revisions, con22 sidered collectively with any technical 

23 boundary revisions made pursuant to sub24 paragraph (A), do not increase the size of 

25 the Park by more than a total of 100 


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1 acres, as compared to the size of the Park 

2 on the date of enactment of this para3 graph.’’. 

4 SEC. 3. LIMITATION ON ACQUISITIONS OF LAND FOR ACA5 DIA NATIONAL PARK. 

6 Section 102 of Public Law 99–420 (16 U.S.C. 341 

7 note) is amended— 

8 (1) in subsection (a), in the matter preceding 

9 paragraph (1), by striking ‘‘of the Interior (herein10 after in this title referred to as ‘the Secretary’)’’; 

11 (2) in subsection (d)(1), in the first sentence, 

12 by striking ‘‘the the’’ and inserting ‘‘the’’; 

13 (3) in subsection (k)— 

14 (A) by redesignating the subsection as 

15 paragraph (4) and indenting the paragraph ap16 propriately; and 

17 (B) by moving the paragraph so as to ap18 pear at the end of subsection (b); and 

19 (4) by adding at the end the following: 

20 ‘‘(k) REQUIREMENTS.—Before revising the bound21 aries of the Park pursuant to this section or section 

22 101(c)(2)(B), the Secretary shall— 

23 ‘‘(1) certify that the proposed boundary revision 

24 will contribute to, and is necessary for, the proper 


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1 preservation, protection, interpretation, or manage2 ment of the Park; 

3 ‘‘(2) consult with the governing body of each 

4 county, city, town, or other jurisdiction with primary 

5 taxing authority over the land or interest in land to 

6 be acquired regarding the impacts of the proposed 

7 boundary revision; 

8 ‘‘(3) obtain from each property owner the land 

9 or interest in land of which is proposed to be ac10 quired for, or lost from, the Park written consent for 

11 the proposed boundary revision; and 

12 ‘‘(4) submit to the Acadia National Park Advi13 sory Commission established by section 103(a), the 

14 Committee on Natural Resources of the House of 

15 Representatives, the Committee on Energy and Nat16 ural Resources of the Senate, and the Maine Con17 gressional Delegation a written notice of the pro18 posed boundary revision. 

19 ‘‘(l) LIMITATION.—The Secretary may not use the 

20 authority provided by section 100506 of title 54, United 

21 States Code, to adjust the permanent boundaries of the 

22 Park pursuant to this title.’’. 

23 SEC. 4. SOLID WASTE MANAGEMENT. 

24 Section 102(f) of Public Law 99–420 (16 U.S.C. 341 

25 note) is amended, in the second sentence, by striking ‘‘toVerDate Sep 11 2014 22:28 Jul 30, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2102.RS S2102

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1 ward the cost of constructing’’ through the period at the 

2 end of the sentence and inserting the following: ‘‘$350,000 

3 to a regional consortium composed of units of local govern4 ment located on, or in the vicinity of, Mount Desert Is5 land, Maine, that is established for the purpose of improv6 ing the management of the disposal and recycling of solid 

7 waste.’’. 

8 SEC. 5. ACADIA NATIONAL PARK ADVISORY COMMISSION. 

9 (a) IN GENERAL.—The Secretary shall reestablish 

10 and appoint members to the Acadia National Park Advi11 sory Commission in accordance with section 103 of Public 

12 Law 99–420 (16 U.S.C. 341 note). 

13 (b) CONFORMING AMENDMENT.—Section 103 of 

14 Public Law 99–420 (16 U.S.C. 341 note) is amended by 

15 striking subsection (f). 

16 SEC. 6. REPEAL OF CERTAIN PROVISIONS RELATING TO 

17 ACADIA NATIONAL PARK. 

18 The following are repealed: 

19 (1) Section 3 of the Act of February 26, 1919 

20 (40 Stat. 1178, chapter 45). 

21 (2) The first section of the Act of January 19, 

22 1929 (45 Stat. 1083, chapter 77). 

23 SEC. 7. MODIFICATION OF USE RESTRICTION. 

24 The Act of August 1, 1950 (64 Stat. 383, chapter 

25 511), is amended— 


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1 (1) by striking ‘‘That the Secretary’’ and in2 serting the following: 

3 ‘‘SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL 

4 PARK. 

5 ‘‘The Secretary’’; and 

6 (2) by striking ‘‘for school purposes’’ and in7 serting ‘‘for public purposes, subject to the condi8 tions that use of the land shall not degrade or ad9 versely impact the resources or values of Acadia Na10 tional Park and that the land shall remain in public 

11 ownership for recreational, educational, or similar 

12 public purposes’’. 

13 SEC. 8. CONTINUATION OF CERTAIN TRADITIONAL USES. 

14 Title I of Public Law 99–420 (16 U.S.C. 341 note) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES. 

17 ‘‘In accordance with this section, the Secretary shall 

18 allow for the traditional harvesting of marine worms, 

19 clams, other shellfish, and other marine species (as defined 

20 in chapter 601 of title 12 of the Maine Revised Statutes 

21 (as in effect on the date of enactment of this section)), 

22 in accordance with the laws (including regulations and ap23 plicable judicial interpretations) of the State of Maine— 

24 ‘‘(1) within the boundaries of the Park; and 


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1 ‘‘(2) on any land located outside of the bound2 aries of the Park with respect to which the Secretary 

3 has or obtains a property interest of any type pursu4 ant to this title.’’. 

5 SEC. 9. CONVEYANCE OF CERTAIN LAND IN ACADIA NA6 TIONAL PARK TO THE TOWN OF BAR HAR7 BOR, MAINE. 

8 (a) IN GENERAL.—The Secretary shall convey to the 

9 Town of Bar Harbor all right, title, and interest of the 

10 United States in and to the .29-acre parcel of land in Aca11 dia National Park identified as lot 110–055–000 on the 

12 tax map of the Town of Bar Harbor for section 110, dated 

13 April 1, 2015, to be used for a solid waste transfer facility. 

14 (b) REVERSION.—If the land conveyed under sub15 section (a) is used for a purpose other than the purpose 

16 described in that subsection, the land shall, at the discre17 tion of the Secretary, revert to the United States. 

18 SECTION 1. SHORT TITLE. 

19 This Act may be cited as the ‘‘Acadia National Park 

20 Boundary Clarification Act’’. 

21 SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICA22 TION. 

23 Section 101 of Public Law 99–420 (16 U.S.C. 341 

24 note) is amended— 


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1 (1) in the first sentence, by striking ‘‘In order 

2 to’’ and inserting the following: 

3 ‘‘(a) BOUNDARIES.—Subject to subsections (b) and 

4 (c)(2), to’’; 

5 (2) in the second sentence— 

6 (A) by striking ‘‘The map shall be on file’’ 

7 and inserting the following: 

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

9 ‘‘(1) AVAILABILITY.—The map, together with the 

10 map described in subsection (b)(1) and any revised 

11 boundary map published under paragraph (2), if ap12 plicable, shall be— 

13 ‘‘(A) on file’’; and 

14 (B) by striking ‘‘Interior, and it shall be 

15 made’’ and inserting the following: ‘‘Interior; 

16 and 

17 ‘‘(B) made’’; 

18 (3) by inserting after subsection (a) (as des19 ignated by paragraph (1)) the following: 

20 ‘‘(b) SCHOODIC PENINSULA ADDITION.— 

21 ‘‘(1) IN GENERAL.—The boundary of the Park is 

22 confirmed to include approximately 1,441 acres of 

23 land and interests in land, as depicted on the map 

24 entitled ‘Acadia National Park, Hancock County, 


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1 Maine, Schoodic Peninsula Boundary Revision’, 

2 numbered 123/129102, and dated July 10, 2015. 

3 ‘‘(2) RATIFICATION AND APPROVAL OF ACQUISI4 TIONS OF LAND.—Congress ratifies and approves— 

5 ‘‘(A) effective as of September 26, 2013, the 

6 acquisition by the United States of the land and 

7 interests in the land described in paragraph (1); 

8 and 

9 ‘‘(B) effective as of the date on which the al10 teration occurred, any alteration of the land or 

11 interests in the land described in paragraph (1) 

12 that is held or claimed by the United States (in13 cluding conversion of the land to fee simple in14 terest) that occurred after the date described in 

15 subparagraph (A).’’; and 

16 (4) in subsection (c) (as designated by para17 graph (2)(A)), by adding at the end the following: 

18 ‘‘(2) TECHNICAL AND LIMITED REVISIONS.—Sub19 ject to section 102(k), notwithstanding any other pro20 vision of this section, the Secretary of the Interior (re21 ferred to in this title as the ‘Secretary’), by publica22 tion in the Federal Register of a revised boundary 

23 map or other description, may make— 

24 ‘‘(A) such technical boundary revisions as 

25 the Secretary determines to be appropriate to the 


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1 permanent boundaries of the Park (including 

2 any property of the Park located within the 

3 Schoodic Peninsula and Isle Au Haut districts) 

4 to resolve issues resulting from causes such as 

5 survey error or changed road alignments; and 

6 ‘‘(B) such limited boundary revisions as the 

7 Secretary determines to be appropriate to the 

8 permanent boundaries of the Park to take into 

9 account acquisitions or losses, by exchange, dona10 tion, or purchase from willing sellers using do11 nated or appropriated funds, of land adjacent to 

12 or within the Park, respectively, in any case in 

13 which the total acreage of the land to be so ac14 quired or lost is less than 10 acres, subject to the 

15 condition that— 

16 ‘‘(i) any such boundary revision shall 

17 not be a part of a more-comprehensive 

18 boundary revision; and 

19 ‘‘(ii) all such boundary revisions, con20 sidered collectively with any technical 

21 boundary revisions made pursuant to sub22 paragraph (A), do not increase the size of 

23 the Park by more than a total of 100 acres, 

24 as compared to the size of the Park on the 

25 date of enactment of this paragraph.’’. 


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1 SEC. 3. LIMITATION ON ACQUISITIONS OF LAND FOR ACA2 DIA NATIONAL PARK. 

3 Section 102 of Public Law 99–420 (16 U.S.C. 341 

4 note) is amended— 

5 (1) in subsection (a), in the matter preceding 

6 paragraph (1), by striking ‘‘of the Interior (herein7 after in this title referred to as ‘the Secretary’)’’; 

8 (2) in subsection (d)(1), in the first sentence, by 

9 striking ‘‘the the’’ and inserting ‘‘the’’; 

10 (3) in subsection (k)— 

11 (A) by redesignating the subsection as para12 graph (4) and indenting the paragraph appro13 priately; and 

14 (B) by moving the paragraph so as to ap15 pear at the end of subsection (b); and 

16 (4) by adding at the end the following: 

17 ‘‘(k) REQUIREMENTS.—Before revising the boundaries 

18 of the Park pursuant to this section or section 101(c)(2)(B), 

19 the Secretary shall— 

20 ‘‘(1) certify that the proposed boundary revision 

21 will contribute to, and is necessary for, the proper 

22 preservation, protection, interpretation, or manage23 ment of the Park; 

24 ‘‘(2) consult with the governing body of each 

25 county, city, town, or other jurisdiction with primary 

26 taxing authority over the land or interest in land to 


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1 be acquired regarding the impacts of the proposed 

2 boundary revision; 

3 ‘‘(3) obtain from each property owner the land 

4 or interest in land of which is proposed to be acquired 

5 for, or lost from, the Park written consent for the pro6 posed boundary revision; and 

7 ‘‘(4) submit to the Acadia National Park Advi8 sory Commission established by section 103(a), the 

9 Committee on Natural Resources of the House of Rep10 resentatives, the Committee on Energy and Natural 

11 Resources of the Senate, and the Maine Congressional 

12 Delegation a written notice of the proposed boundary 

13 revision. 

14 ‘‘(l) LIMITATION.—The Secretary may not use the au15 thority provided by section 100506 of title 54, United States 

16 Code, to adjust the permanent boundaries of the Park pur17 suant to this title.’’. 

18 SEC. 4. ACADIA NATIONAL PARK ADVISORY COMMISSION. 

19 (a) IN GENERAL.—The Secretary shall reestablish and 

20 appoint members to the Acadia National Park Advisory 

21 Commission in accordance with section 103 of Public Law 

22 99–420 (16 U.S.C. 341 note). 

23 (b) CONFORMING AMENDMENT.—Section 103 of Public 

24 Law 99–420 (16 U.S.C. 341 note) is amended by striking 

25 subsection (f). 


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1 SEC. 5. REPEAL OF CERTAIN PROVISIONS RELATING TO 

2 ACADIA NATIONAL PARK. 

3 The following are repealed: 

4 (1) Section 3 of the Act of February 26, 1919 (40 

5 Stat. 1178, chapter 45). 

6 (2) The first section of the Act of January 19, 

7 1929 (45 Stat. 1083, chapter 77). 

8 SEC. 6. MODIFICATION OF USE RESTRICTION. 

9 The Act of August 1, 1950 (64 Stat. 383, chapter 511), 

10 is amended— 

11 (1) by striking ‘‘That the Secretary’’ and insert12 ing the following: 

13 ‘‘SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL 

14 PARK. 

15 ‘‘The Secretary’’; and 

16 (2) by striking ‘‘for school purposes’’ and insert17 ing ‘‘for public purposes, subject to the conditions that 

18 use of the land shall not degrade or adversely impact 

19 the resources or values of Acadia National Park and 

20 that the land shall remain in public ownership for 

21 recreational, educational, or similar public purposes’’. 

22 SEC. 7. CONTINUATION OF CERTAIN TRADITIONAL USES. 

23 Title I of Public Law 99–420 (16 U.S.C. 341 note) 

24 is amended by adding at the end the following: 

25 ‘‘SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES. 

26 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) LAND WITHIN THE PARK.—The term ‘land 

2 within the Park’ means land owned or controlled by 

3 the United States— 

4 ‘‘(A) that is within the boundary of the 

5 Park established by section 101; or 

6 ‘‘(B)(i) that is outside the boundary of the 

7 Park; and 

8 ‘‘(ii) in which the Secretary has acquired a 

9 property interest or conservation easement pur10 suant to this title. 

11 ‘‘(2) MARINE SPECIES; MARINE WORM; SHELL12 FISH.—The terms ‘marine species’, ‘marine worm’, 

13 and ‘shellfish’ have the meanings given those terms in 

14 section 6001 of title 12 of the Maine Revised Statutes 

15 (as in effect on the date of enactment of this section). 

16 ‘‘(3) STATE LAW.—The term ‘State law’ means 

17 the law (including regulations) of the State of Maine, 

18 including the common law. 

19 ‘‘(4) TAKING.—The term ‘taking’ means the re20 moval or attempted removal of a marine species, ma21 rine worm, or shellfish from the natural habitat of the 

22 marine species, marine worm, or shellfish. 

23 ‘‘(b) CONTINUATION OF TRADITIONAL USES.—The Sec24 retary shall allow for the traditional taking of marine spe25 cies, marine worms, and shellfish, on land within the Park 


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1 between the mean high watermark and the mean low water2 mark in accordance with State law.’’. 

3 SEC. 8. CONVEYANCE OF CERTAIN LAND IN ACADIA NA4 TIONAL PARK TO THE TOWN OF BAR HARBOR, 

5 MAINE. 

6 (a) IN GENERAL.—The Secretary shall convey to the 

7 Town of Bar Harbor all right, title, and interest of the 

8 United States in and to the .29-acre parcel of land in Aca9 dia National Park identified as lot 110–055–000 on the tax 

10 map of the Town of Bar Harbor for section 110, dated April 

11 1, 2015, to be used for a solid waste transfer facility. 

12 (b) REVERSION.—If the land conveyed under sub13 section (a) is used for a purpose other than the purpose 

14 described in that subsection, the land shall, at the discretion 

15 of the Secretary, revert to the United States. 


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Calendar No. 538 

115TH CONGRESS 

2D SESSION S. 2102 

A BILL 

To clarify the boundary of Acadia National Park, 

and for other purposes. 

JULY 30, 2018 

Reported with an amendment 


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