A bill to establish a permanent boundary for the Acadia National Park in the State of Maine, and for other purposes.
PL 99-420 (S.720), enacted 09/25/1986

PUBLIC LAW 99-420—SEPT. 25, 1986 
100 STAT. 955 
Public Law 99-420 
99th Congress 
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 estab-
lished as the permanent boundary for the Park. The 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 
available to the Registry of Deeds for Hancock and Knox Counties, 
Maine. 
SEC. 102. LANDS WITHIN BOUNDARIES. 
(a) The Secretary of the Interior (hereinafter in this title referred 
to as "the Secretary") is authorized to acquire lands and interests 
therein within the boundaries of the Park by donation, exchange (in 
accordance with this section), or purchase with donated or appro-
priated 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. 
(bXl) Not later than 6 months after the enactment of this Act, the 
Secretary shall publish specific guidelines under which determina-
tions shall be made under subsection (aX2). The Secretary shall 
provide adequate opportunity for public comment on such guide-
lines. The guidelines shall provide for notice to the Secretary prior 
to commencement of any proposed development within the bound-
aries of the Park. The Secretary shall provide written notice to the 
owner of the property of any determination proposed to be made 
under subsection (aX2) 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 
Sept. 25, 1986 
[S. 720] 
Conservation. 
Public 
information. 
16 u s e 341 note. 
Gifts and 
property. 
16 u s e 341 note. 
100 STAT. 956 
PUBLIC LAW 99-420—SEPT. 25, 1986 
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 build-
ing 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. 
Real property. 
(c)(1) The Owners of any private property within the Park may, on 
the date of its acquisition by the Secretary and as a condition of such 
acquisition, retain for himself and his successors or assigns a right 
to use and occupancy for a definite term of not more than 25 years, 
or ending at the death of the owner, or his spouse, whichever is 
later. The owners shall elect the term to be reserved. The Secretary 
shall pay to the owner the fair market value of the property on the 
date of such acquisition, less the fair market value, of the right 
retained by the owner. 
(2) Any such right retained pursuant to this subsection shall be 
subject to such terms and conditions as the Secretary may prescribe 
and may be terminated by the Secretary upon his determination 
and after reasonable notice to the owner thereof that such property 
is being used for any purpose which is incompatible with the 
administration of the Park or with the preservation of the resources 
therein. Such right shall terminate by operation of law upon 
notification to the owner by the Secretary and tendering to the 
owner the amount equal to the fair market value of that portion 
which remains unexpired. 
(d)(1) In exercising his authority to acquire lands by exchange 
pursuant to this title, the Secretary may accept title to non-Federal 
property located within the the 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 which is not ex-
changed within 10 years after enactment of this Act, shall be 
conveyed to the towns in which the property is located without 
emcumbrance and without monetary consideration, except that no 
town shall be eligible to receive such lands unless, within 10 years 
after enactment of this Act, lands within the Park boundary and 
owned by the town have been acquired by the Secretary. 
(e) Notwithstanding any other provision of this section, lands 
depicted on the map referenced in section 101 and identified as 
lODBH and IIDBH known as the "Bar Harbor Sewage Treatment 
Plant"; 14DBH known as the "New Park Street Ballfield"; and 
PUBLIC LAW 99-420—SEPT. 25, 1986 
100 STAT. 957 
15DBH known as the "Former Park Headquarters"; shall be con-
veyed 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 subsec-
tion 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 de-
picted 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 prac-
ticable following the enactment of this Act, subject to such terms 
and conditions, including appropriate reversionary provisions, as 
will in the judgment of the Secretary provide for the development 
and use of such property by any town which so desires as a solid 
waste transfer station in accordance with a plan that is satisfactory 
to the town and the Secretary. The Secretary shall (subject to the 
availability of prior appropriations) contribute toward the cost of 
constructing such transfer station the lesser of— 
(1) $350,000, or 
(2) 50 per centum of the cost of such construction. 
(g) Notwithstanding any other provision of this section, the Sec-
retary 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 signifi-
cantly different from or a significant expansion of development 
existing as of November 1, 1985, as defined in subsection (b) of this 
section. 
(h)(1) The Secretary is authorized to acquire conservation ease- Conservation, 
ments 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 subsec-
tion 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, ar-
cheological, or cultural resources existing on the parcels; 
(B) preserve, through setback requirements or other appro-
priate 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 
100 STAT. 958 
PUBLIC LAW 99-420—SEPT. 25, 1986 
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 consider 
the 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 conserva-
tion easement; 
(C) the significance of the easement in relation to the land 
planning objectives of local government and regional and State 
agencies; 
(D) the economic impact of the conservation easement on local 
livelihoods, activities, and government revenues; and 
(E) the proximity of the parcel to the boundary of the Park 
and to other parcels on which the Secretary maintains con-
servation easements. 
(4) For purposes of this subsection, the term "conservation ease-
ment" 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)(l) 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) 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 
PUBLIC LAW 99-420—SEPT. 25, 1986 
100 STAT. 959 
and approved plans for the size, location and architectural design of 
the structure. 
SEC. 103. ADVISORY COMMISSION. 
16 USC 341 note. 
(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 rec-
ommended by the Governor of Maine. 
^ * 
? 
(3) 4 members, appointed from among individuals rec-
. 
ommended by each of the four towns on the island of Mount 
pji r^; 
Desert. 
(4) 3 members appointed from among individuals rec-
ommended by each of the three Hancock County mainland 
communities of Gouldsboro, Winter Harbor, and Trenton. 
(5) 3 members, appointed from among individuals rec-
ommended 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 respon-
sibilities 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 
20 years after the enactment of this Act. 
SEC. 104. BEAR ISLAND. 
16 USC 341 note. 
(a) Notwithstanding any other provision of law. Federal property 
located on Bear Island in the town of Cranberry Isle shall, with the 
concurrence of the agency having custody thereof, be transferred 
without consideration to the administrative jurisdiction of the Sec-
retary for use by him in carrying out the provisions of the title. Such 
Federal property shall not be developed by the Secretary in a 
manner which would provide for or encourage intensive visitor use. 
(b) The Secretary is authorized to make improvements to the 
Federal property on Bear Island as he deems appropriate for the 
protection of adjacent private property. 
SEC. 105. TOWN OF ISLE AU HAUT. 
16 USC 341 note. 
The provisions of this title shall not apply to those portions of the 
Park lying within the Town of Isle au Haut, Maine, which lands 
shall continue to be governed by the provisions of Public Law 
97-335. 
16 u s e 341 note. 
100 STAT. 960 
PUBLIC LAW 99-420—SEPT. 25, 1986 
16 u s e 341 note. 
SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 
EffGCtivG ds-ts 
(a) Effective October 1, 1986, there are authorized to be appro-
priated such sums as may be necessary to carry out the provisions of 
this title, but not to exceed $9,100,000 for acquisition of lands and 
interests therein. 
O
t
>
) For the purposes of paragraph 7(a)(3) of the Land and Water 
Ck)nservation 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. 
16 u s e 341 note. 
SEC. 107. PAYMENTS TO LOCAL GOVERNMENTS. 
(a) Notwithstanding the limitation in subsection 3(d) of the Act of 
31 use 6904. 
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) Pa3nnents received by the units of local government pursuant 
to this section shall be used only for fire protection, police protec-
tion, solid waste management, and road maintenance and 
improvement. 
(c) Payments pursuant to this section may be made only from 
funds appropriated therefor. Such pa5mients shall be in addition to 
and not in place of any other funds or form of Federal £issistance to 
which the units of local government are entitled. 
TITLE II 
SEC. 201. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION. 
Section 8(a) of the Act of August 7, 1961 (Public Law 87-126; 75 
1
6 use 459b-7. 
Stat. 292) is amended by striking out "ten years" and substituting 
"30 years". 
Approved September 25, 1986. 
•Mccif^n 
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vJf*r*lc.-
LEGISLATIVE HISTORY—S. 720: 
HOUSE REPORTS: No. 99-572 (eomm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 99-198 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): Dec. 3, considered and passed Senate. 
Vol. 132 (1986): May 5, considered and passed House, amended. 
June 6, Senate concurred in House amendment with amend-
C 
ments. 
July 24, House concurred in certain Senate amendments, in 
another with an amendment. 
Sept. 11, Senate receded from its amendment. 
_