Acadia National Park Boundary Clarification Act

I 116TH CONGRESS 1ST SESSION H. R. 459 To clarify the boundary of Acadia National Park, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 10, 2019 Mr. GOLDEN (for himself and Ms. PINGREE) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To clarify the boundary of Acadia National Park, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Acadia National Park 4 Boundary Clarification Act’’. 5 SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICA- 6 TION. 7 Section 101 of Public Law 99–420 (16 U.S.C. 341 8 note) is amended— 9 (1) in the first sentence, by striking ‘‘In order 10 to’’ and inserting the following: 11 VerDate Sep 11 2014 23:56 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459 kjohnson on DSK79L0C42 with BILLS 2 •HR 459 IH ‘‘(a) BOUNDARIES.—Subject to subsections (b) and 1 (c)(2), to’’; 2 (2) in the second sentence— 3 (A) by striking ‘‘The map shall be on file’’ 4 and inserting the following: 5 ‘‘(c) AVAILABILITY AND REVISIONS OF MAPS.— 6 ‘‘(1) AVAILABILITY.—The map, together with 7 the map described in subsection (b)(1) and any re- 8 vised boundary map published under paragraph (2), 9 if applicable, shall be— 10 ‘‘(A) on file’’; and 11 (B) by striking ‘‘Interior, and it shall be 12 made’’ and inserting the following: ‘‘Interior; 13 and 14 ‘‘(B) made’’; 15 (3) by inserting after subsection (a) (as des- 16 ignated by paragraph (1)) the following: 17 ‘‘(b) SCHOODIC PENINSULA ADDITION.— 18 ‘‘(1) IN GENERAL.—The boundary of the Park 19 is confirmed to include approximately 1,441 acres of 20 land and interests in land, as depicted on the map 21 entitled ‘Acadia National Park, Hancock County, 22 Maine, Schoodic Peninsula Boundary Revision’, 23 numbered 123/129102, and dated July 10, 2015. 24 VerDate Sep 11 2014 23:56 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459 kjohnson on DSK79L0C42 with BILLS 3 •HR 459 IH ‘‘(2) RATIFICATION AND APPROVAL OF ACQUISI- 1 TIONS OF LAND.—Congress ratifies and approves— 2 ‘‘(A) effective as of September 26, 2013, 3 the acquisition by the United States of the land 4 and interests in the land described in paragraph 5 (1); and 6 ‘‘(B) effective as of the date on which the 7 alteration occurred, any alteration of the land 8 or interests in the land described in paragraph 9 (1) that is held or claimed by the United States 10 (including conversion of the land to fee simple 11 interest) that occurred after the date described 12 in subparagraph (A).’’; and 13 (4) in subsection (c) (as designated by para- 14 graph (2)(A)), by adding at the end the following: 15 ‘‘(2) TECHNICAL AND LIMITED REVISIONS.— 16 Subject to section 102(k), notwithstanding any other 17 provision of this section, the Secretary of the Inte- 18 rior (referred to in this title as the ‘Secretary’), by 19 publication in the Federal Register of a revised 20 boundary map or other description, may make— 21 ‘‘(A) such technical boundary revisions as 22 the Secretary determines to be appropriate to 23 the permanent boundaries of the Park (includ- 24 ing any property of the Park located within the 25 VerDate Sep 11 2014 23:56 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459 kjohnson on DSK79L0C42 with BILLS 4 •HR 459 IH Schoodic Peninsula and Isle Au Haut districts) 1 to resolve issues resulting from causes such as 2 survey error or changed road alignments; and 3 ‘‘(B) such limited boundary revisions as 4 the Secretary determines to be appropriate to 5 the permanent boundaries of the Park to take 6 into account acquisitions or losses, by exchange, 7 donation, or purchase from willing sellers using 8 donated or appropriated funds, of land adjacent 9 to or within the Park, respectively, in any case 10 in which the total acreage of the land to be so 11 acquired or lost is less than 10 acres, subject 12 to the condition that— 13 ‘‘(i) any such boundary revision shall 14 not be a part of a more-comprehensive 15 boundary revision; and 16 ‘‘(ii) all such boundary revisions, con- 17 sidered collectively with any technical 18 boundary revisions made pursuant to sub- 19 paragraph (A), do not increase the size of 20 the Park by more than a total of 100 21 acres, as compared to the size of the Park 22 on the date of enactment of this para- 23 graph.’’. 24 VerDate Sep 11 2014 23:56 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459 kjohnson on DSK79L0C42 with BILLS 5 •HR 459 IH SEC. 3. LIMITATION ON ACQUISITIONS OF LAND FOR ACA- 1 DIA NATIONAL PARK. 2 Section 102 of Public Law 99–420 (16 U.S.C. 341 3 note) is amended— 4 (1) in subsection (a), in the matter preceding 5 paragraph (1), by striking ‘‘of the Interior (herein- 6 after in this title referred to as ‘the Secretary’)’’; 7 (2) in subsection (d)(1), in the first sentence, 8 by striking ‘‘the the’’ and inserting ‘‘the’’; 9 (3) in subsection (k)— 10 (A) by redesignating the subsection as 11 paragraph (4) and indenting the paragraph ap- 12 propriately; and 13 (B) by moving the paragraph so as to ap- 14 pear at the end of subsection (b); and 15 (4) by adding at the end the following: 16 ‘‘(k) REQUIREMENTS.—Before revising the bound- 17 aries of the Park pursuant to this section or section 18 101(c)(2)(B), the Secretary shall— 19 ‘‘(1) certify that the proposed boundary revision 20 will contribute to, and is necessary for, the proper 21 preservation, protection, interpretation, or manage- 22 ment of the Park; 23 ‘‘(2) consult with the governing body of each 24 county, city, town, or other jurisdiction with primary 25 taxing authority over the land or interest in land to 26 VerDate Sep 11 2014 23:56 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459 kjohnson on DSK79L0C42 with BILLS 6 •HR 459 IH be acquired regarding the impacts of the proposed 1 boundary revision; 2 ‘‘(3) obtain from each property owner the land 3 or interest in land of which is proposed to be ac- 4 quired for, or lost from, the Park written consent for 5 the proposed boundary revision; and 6 ‘‘(4) submit to the Acadia National Park Advi- 7 sory Commission established by section 103(a), the 8 Committee on Natural Resources of the House of 9 Representatives, the Committee on Energy and Nat- 10 ural Resources of the Senate, and the Maine Con- 11 gressional Delegation a written notice of the pro- 12 posed boundary revision. 13 ‘‘(l) LIMITATION.—The Secretary may not use the 14 authority provided by section 100506 of title 54, United 15 States Code, to adjust the permanent boundaries of the 16 Park pursuant to this title.’’. 17 SEC. 4. ACADIA NATIONAL PARK ADVISORY COMMISSION. 18 (a) IN GENERAL.—The Secretary shall reestablish 19 and appoint members to the Acadia National Park Advi- 20 sory Commission in accordance with section 103 of Public 21 Law 99–420 (16 U.S.C. 341 note). 22 (b) CONFORMING AMENDMENT.—Section 103 of 23 Public Law 99–420 (16 U.S.C. 341 note) is amended by 24 striking subsection (f). 25 VerDate Sep 11 2014 23:56 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459 kjohnson on DSK79L0C42 with BILLS 7 •HR 459 IH SEC. 5. REPEAL OF CERTAIN PROVISIONS RELATING TO 1 ACADIA NATIONAL PARK. 2 The following are repealed: 3 (1) Section 3 of the Act of February 26, 1919 4 (40 Stat. 1178, chapter 45). 5 (2) The first section of the Act of January 19, 6 1929 (45 Stat. 1083, chapter 77). 7 SEC. 6. MODIFICATION OF USE RESTRICTION. 8 The Act of August 1, 1950 (64 Stat. 383, chapter 9 511), is amended— 10 (1) by striking ‘‘That the Secretary’’ and in- 11 serting the following: 12 ‘‘SEC. 1. CONVEYANCE OF LAND IN ACADIA NATIONAL 13 PARK. 14 ‘‘The Secretary’’; and 15 (2) by striking ‘‘for school purposes’’ and in- 16 serting ‘‘for public purposes, subject to the condi- 17 tions that use of the land shall not degrade or ad- 18 versely impact the resources or values of Acadia Na- 19 tional Park and that the land shall remain in public 20 ownership for recreational, educational, or similar 21 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 VerDate Sep 11 2014 23:56 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459 kjohnson on DSK79L0C42 with BILLS 8 •HR 459 IH ‘‘SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES. 1 ‘‘(a) DEFINITIONS.—In this section: 2 ‘‘(1) LAND WITHIN THE PARK.—The term ‘land 3 within the Park’ means land owned or controlled by 4 the United States— 5 ‘‘(A) that is within the boundary of the 6 Park established by section 101; or 7 ‘‘(B)(i) that is outside the boundary of the 8 Park; and 9 ‘‘(ii) in which the Secretary has or acquires 10 a property interest or conservation easement 11 pursuant to this title. 12 ‘‘(2) MARINE SPECIES; MARINE WORM; SHELL- 13 FISH.—The terms ‘marine species’, ‘marine worm’, 14 and ‘shellfish’ have the meanings given those terms 15 in section 6001 of title 12 of the Maine Revised 16 Statutes (as in effect on the date of enactment of 17 this section). 18 ‘‘(3) STATE LAW.—The term ‘State law’ means 19 the law (including regulations) of the State of 20 Maine, including the common law. 21 ‘‘(4) TAKING.—The term ‘taking’ means the re- 22 moval or attempted removal of a marine species, ma- 23 rine worm, or shellfish from the natural habitat of 24 the marine species, marine worm, or shellfish. 25 VerDate Sep 11 2014 23:56 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459 kjohnson on DSK79L0C42 with BILLS 9 •HR 459 IH ‘‘(b) CONTINUATION OF TRADITIONAL USES.—The 1 Secretary shall allow for the traditional taking of marine 2 species, marine worms, and shellfish, on land within the 3 Park between the mean high watermark and the mean low 4 watermark in accordance with State law.’’. 5 SEC. 8. CONVEYANCE OF CERTAIN LAND IN ACADIA NA- 6 TIONAL PARK TO THE TOWN OF BAR HAR- 7 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 Aca- 11 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 sub- 15 section (a) is used for a purpose other than the purpose 16 described in that subsection, the land shall, at the discre- 17 tion of the Secretary, revert to the United States. 18 Æ VerDate Sep 11 2014 23:56 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H459.IH H459 kjohnson on DSK79L0C42 with BILLS