[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4266 Reported in House (RH)]
<DOC>
Union Calendar No. 391
115th CONGRESS
2d Session
H. R. 4266
[Report No. 115-526]
To clarify the boundary of Acadia National Park, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2017
Mr. Poliquin (for himself and Ms. Pingree) introduced the following
bill; which was referred to the Committee on Natural Resources
January 25, 2018
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
November 7, 2017]
_______________________________________________________________________
A BILL
To clarify the boundary of Acadia National Park, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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:
``(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.
``(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.
Union Calendar No. 391
115th CONGRESS
2d Session
H. R. 4266
[Report No. 115-526]
_______________________________________________________________________
A BILL
To clarify the boundary of Acadia National Park, and for other
purposes.
_______________________________________________________________________
January 25, 2018
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed