[Senate Report 114-334]
[From the U.S. Government Publishing Office]
Calendar No. 607
114th Congress } { Report
SENATE
2d Session } { 114-334
======================================================================
ACADIA NATIONAL PARK SCHOODIC PENINSULA LAND RATIFICATION AND APPROVAL
ACT
_______
September 6, 2016.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 3027]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 3027) to clarify the boundary of Acadia
National Park, and for other purposes, having considered the
same, reports favorably thereon with an amendment in the nature
of a substitute and recommends that the bill, as amended, do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acadia National Park Schoodic
Peninsula Land Ratification and Approval Act''.
SEC. 2. ACADIA NATIONAL PARK BOUNDARY.
Section 101 of Public Law 99-420 (16 U.S.C. 341 note; 100 Stat.
955) is amended--
(1) in the first sentence, by striking ``In order to'' and
inserting the following:
``(a) Boundaries.--In order to'';
(2) in the second sentence, by striking ``The map'' and all
that follows through ``made'' and inserting the following:
``(c) Availability of Maps.--The maps described in subsections (a)
and (b) shall be--
``(1) on file and available for public inspection in the
appropriate offices of the National Park Service; and
``(2) made''; and
(3) by inserting after subsection (a) (as so designated) the
following:
``(b) Schoodic Peninsula Addition.--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.''.
SEC. 3. ACADIA NATIONAL PARK BOUNDARY AUTHORITY.
(a) Requirement.--The Secretary of the Interior may only acquire
land or interests in land within the boundary of Acadia National Park
in accordance with Public Law 99-420 (16 U.S.C. 341 note; 100 Stat.
955).
(b) Repeals.--The following provisions are repealed:
(1) Section 3 of the Act of February 26, 1919 (40 Stat. 1179,
chapter 45).
(2) The first section of the Act of January 19, 1929 (45
Stat. 1083, chapter 77).
SEC. 4. ACADIA NATIONAL PARK ADVISORY COMMISSION.
(a) In General.--The Secretary of the Interior 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;
100 Stat. 959).
(b) Conforming Amendment.--Section 103 of Public Law 99-420 (16
U.S.C. 341 note; 100 Stat. 959) is amended by striking subsection (f).
SEC. 5. USE RESTRICTION MODIFIED.
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
property shall not degrade or adversely impact the resources or
values of Acadia National Park, and the land shall remain in
public ownership for recreational, educational, or similar
public purposes''.
Purpose
The purpose of S. 3027 is to clarify the boundary of Acadia
National Park.
Background and Need
In 1916, President Wilson established the Sieur de Monts
National Monument in Maine. In 1919, President Wilson signed a
law designating the area as Lafayette National Park. In 1929,
the name was changed to Acadia National Park (Park).
Today the Park protects more than 47,000 acres, and the
simple pleasures of ``ocean, forests, lakes, and mountains''
that have been enjoyed by millions for over a century.
In November 2015, the National Park Service (NPS) accepted
a donation of 1,441 acres adjacent to the Schoodic Peninsula
for inclusion to the Park from the National Park Foundation.
The Schoodic Peninsula property was conveyed to the National
Park Foundation from Schoodic Woods LLC, a subsidiary of Lyme
Timber, in August 2015. For several years prior to the
transition to the National Park Foundation, the NPS had
effectively managed the Schoodic Peninsula property as NPS
property. While many in the local community supported the
property becoming a part of the Acadia National Park
eventually, Congressional approval of the boundary adjustment
and addition was thought necessary.
In 1986, Congress approved a permanent boundary for Acadia
National Park (P.L. 99-420), limiting the size of the Park's
growth, and establishing the Acadia National Park Advisory
Commission. Proponents of acquiring the additional 1,441 acres
believed that Congressional action was needed, regardless of
the level of community support.
Rather than pursuing a legislative solution, the NPS
claimed authority under a 1929 law to expand the Park's
boundary and accept the donation of the 1,441 acres (45 Stat.
1083, chapter 77). NPS failed to notify the Acadia National
Park Advisory Commission or Congress of its intent to accept
this donation under the 1929 authority prior to publishing in
the Federal Register.
Although the Department of the Interior believes it had
legal authority to accept the donation of land for addition to
the Park, many local communities objected to the process that
NPS utilized to acquire the property. S. 3027 seeks to clarify
the situation by legislatively approving the donation and
making clear that any future additions to the Park must be made
by an Act of Congress.
Legislative History
S. 3027 was introduced on June 7, 2016 by Senator King. The
Subcommittee on National Parks held a hearing on the bill on
June 15, 2016.
The Committee on Energy and Natural Resources met in open
business session on July 13, 2016, and ordered S. 3027
favorably reported as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
3027, if amended as described herein.
Committee Amendment
During its consideration of S. 3027, the Committee adopted
a substitute amendment to update the map of the Park; modify
the Park boundary to include the Schoodic Peninisula Addition;
permanently set the boundary of the Park to include the new
addition; reestablish the Acadia National Park Advisory
Commission; and modify a land use restriction on certain public
properties within the Park.
Section-by-Section Analysis
Section 1. Short title
Section 1 contains the short title.
Section 2. Acadia National Park boundary
Section 2 amends section 101 of Public Law 99-420 by
including the Schoodic Peninsula Addition in the permanent
boundary of the Park, as depicted in the referenced map.
Section 3. Acadia National Park boundary authority
Section 3 authorizes the Secretary of the Interior to
acquire land or interests in land within the boundary of the
Park in accordance with applicable law. This section also
repeals certain outdated provisions in the 1919 and 1929
statutes to make clear that any future additions to the Park
require Congressional authorization.
Section 4. Acadia National Park Advisory Commission
Section 4 reestablishes and appoints members to the Acadia
National Park Commission in accordance with applicable law.
Section 5. Use restriction modified
Section 5 modifies a use restriction for conveyance of land
in the Park to include public purposes, subject to the
conditions that use of the property shall not degrade or
adversely impact the resources or values of Acadia National
Park, and the land shall remain in public ownership for
recreational, educational, or similar purposes.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 1, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3027, the Acadia
National Park Schoodic Peninsula Land Ratification and Approval
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall.
Enclosure.
S. 3027--Acadia National Park Schoodic Peninsula Land Ratification and
Approval Act
S. 3027 would confirm the boundary of Acadia National Park
in Maine. The National Park Service (NPS), which manages the
park, administratively adjusted the boundary in 2015 when the
agency accepted the donation of 1,441 acres of land for
inclusion within the park.
The bill also would permanently authorize that park's
advisory commission and repeal the agency's authority to
acquire additional parcels of land outside of the permanent
boundaries of the park. Finally, the bill would modify a use
restriction on a parcel of land that was conveyed to the town
of Tremont, Maine in 1951.
Based on information from the NPS, CBO estimates that
implementing S. 3027 would not have any significant budgetary
effects. Enacting the legislation would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
CBO estimates that enacting S. 3027 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 3027 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was approved by H. Samuel Papenfuss, 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. 3027. 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. 3027, as ordered reported.
Congressionally Directed Spending
S. 3027, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
June 15, 2016, Subcommittee on National Parks hearing on S.
3027 follows:
Statement of Dr. Stephanie Toothman, Associate Director, Cultural
Resources, Partnerships, and Science, National Park Service, U.S.
Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 3027, to clarify the
boundary of Acadia National Park, and for other purposes.
The Department would support the sections of S. 3027 that
address Acadia National Park's boundary, the National Park
Service's (NPS) authority to adjust the park boundary, and the
use of property conveyed from the NPS to the town of Tremont,
if those sections are amended in accordance with this
statement. Regarding the bill's removal of the statutory time
limit for the authorization of the Acadia National Park
Advisory Commission, the Department is not opposed to that
provision.
Section 2 of S. 3027 would modify the boundary of Acadia
National Park (Acadia) established in law in 1986 to include
approximately 1,441 acres of land on the Schoodic Peninsula
that comprise the Schoodic Woods property that was donated to
the NPS in 2015. The Schoodic Woods donation was an extremely
generous gift by an anonymous donor that included not only the
land but also a newly constructed campground, trails, and other
visitor amenities; an endowment to help pay for operating
expenses at the site; and funds to pay local governments to
help offset the loss of tax revenue. The addition to the park
of this land, adjacent to existing national park land and ready
to welcome visitors, was strongly supported by the communities
on the Schoodic Peninsula and throughout the area surrounding
Acadia.
The NPS accepted the donation of the Schoodic Woods
property and added it to the boundary of the park under the
authority of 16 U.S.C. 342(a), which was enacted as part of the
Act of January 19, 1929, and which authorizes the National Park
Service to accept donations of lands, easements, and buildings
within Hancock County, Maine, the county in which most of
Acadia is located. The NPS published the notice of the boundary
adjustment reflecting the imminent acceptance of fee title to
the Schoodic Woods property in the Federal Register of November
17, 2015.
The intent of Section 2 appears to be to confirm in statute
the action the NPS took administratively to add Schoodic Woods
to the boundary of Acadia. Although we believe that the NPS was
on solid legal ground in using the 1929 authority for this
boundary adjustment, we are aware of the concerns that have
been raised about the use of this authority, given that
Congress passed legislation in 1986 establishing a ``permanent
boundary'' for the park (Section 102 of P.L. 99-420). However,
we are concerned that legislation that amends the 1986 law to
modify the boundary to include Schoodic Woods not only is
redundant, it may also have unintended consequences for actions
that took place with respect to those lands between the dates
the United States accepted title and the effective date of this
legislation. We would like to work with the sponsor and the
committee on an amendment that, rather than modifying the
boundary, would confirm that the ``permanent boundary'' has
been modified to include this parcel.
Section 3(c) of S. 3027 would prohibit the use of the 1929
authority, and authority under section 3 of the Act of February
26, 1919, to acquire land by donation outside of the
``permanent boundary'' established in 1986. Because the 1986
law effectively precludes the use of the minor boundary
adjustment authority under the Land and Water Conservation Fund
Act (54 U.S.C. 100506), the effect of section 3(c) would be to
eliminate any administrative authority for the NPS to accept a
donation of even a fraction of an acre of land with important
resource values if it is located outside the 1986 boundary.
Most national parks may use this limited administrative
authority to acquire small parcels of land by purchase,
exchange or donation. Those parks are able to respond quickly
to opportunities or circumstances that are relevant to the park
not only to accept donations, but also to make relatively
modest purchases of land outside the boundary. We believe that
Acadia should have that authority as well. We would like to
work with the sponsor and the committee to find a way to
provide the same limited flexibility that other national parks
have for acquiring land outside their boundary.
Section 4 of S. 3027 would permanently authorize the Acadia
National Park Advisory Commission. The commission was first
authorized in 1986 and is currently due to expire in 2026. The
Department is not opposed to eliminating the expiration date.
There are several other advisory commissions for units of the
National Park System that are permanently authorized, including
the ones at Gettysburg National Battlefield Park, Jimmy Carter
National Historic Site, and the National Park of American
Samoa.
The Department recognizes the important work of the Acadia
National Park Advisory Commission. The commission advises the
Secretary of the Interior, through her designee, the
superintendent of Acadia, on matters relating to the management
and development of the park including, but not limited to, the
acquisition of land and interests in land, and the termination
of rights of use and occupancy. The advisory commission is
composed of 16 members, ten of whom are appointed based on
recommendations from the park's host communities including the
four towns of Mount Desert Island, three Hancock County
mainland towns, and three island towns.
Finally, Section 5 of S. 3027 provides that specified lands
that were part of Acadia and that were conveyed by the NPS to
the town of Tremont, on Mt. Desert Island, for school purposes
shall no longer be required to be used exclusively and
perpetually for school purposes if the land is being used for
public purposes.
Public Law 81-629, enacted in 1950, permitted the NPS to
convey a parcel identified as NPS Tract 06-126 to the town to
locate a new school. The conveyance was completed in 1951, with
a reverter clause included in the deed specifying that the land
would revert back to the United States of America if no longer
used exclusively for school purposes. The town is now
consolidating schools with a neighboring town and thus will no
longer use this property exclusively for school purposes, but
would like to retain ownership and continue to use the
developed property for community purposes. This legislation
would allow it to do so.
The NPS has no intended uses for the property, and is
agreeable to allowing the town to use the property for similar
public purposes, so long as the use of the property will not
degrade or adversely impact park resources and values, and the
property remains in public ownership for recreational,
educational or similar public purposes. We would support this
section if amended to provide for those specific terms. We
would be happy to provide recommended language.
Mr. Chairman, this concludes my statement. I would be happy
to answer any questions you or other members of the
subcommittee may have.
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
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Act of February 26, 1919
40 Stat. 1179
* * * * * * *
Sec. 2. That the administration, protection, and promotion
of said Lafayette National Park shall be exercised under the
direction of the Secretary of the Interior by the National Park
Service, subject to the provision of the Act of August twenty-
fifth, nineteen hundred and sixteen, entitled ``An Act to
establish a National Park Service, and for other purposes,''
and Acts additional thereto or amendatory thereof.
[Sec. 3. That the Secretary of the Interior is hereby
authorized, in his discretion, to accept in behalf of the
United States such other property on said Mount Desert Island,
including lands, easements, buildings, and moneys, as may be
donated for the extension or improvement of said park.]
* * * * * * *
Act of January 19, 1929
45 Stat. 1083
* * * * * * *
CHAP. 77.--An Act to provide for the extension of the boundary limits
of the Lafayette National Park in the State of Maine and for change of
name of said park to the Acadia National Park.
[Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That the
Secretary of the Interior be, and he is hereby, authorized, in
his discretion, to accept in behalf of the United States lands,
easements, and buildings, as may be donated for the extension
of the Lafayette National Park, lying within the bounds of
Hancock County within which the park is situated, together with
such islands in Knox County adjoining, as lie to the east and
south of the main ship channel through Penobscot Bay, which
complete the archipelago of which Mount Desert Island, whereon
the park is situated, forms the dominant and largest unit.]
Sec. 2. That the area now within the Lafayette National
Park, together with such additions as may hereafter be made
thereto, shall be known as the Acadia National Park, under
which name the aforesaid national park shall be entitled to
receive and to use all moneys heretofore or hereafter
appropriated for the Lafayette National Park: Provided, That
the provisions of the Act of June 10, 1920, entitled ``An Act
to create a Federal Power Commission, to provide for the
improvement of navigation, the development of water power, the
use of the public lands in relation thereto, and to repeal
section 18
* * * * * * *
Public Law 81-629
64 Stat. 383
* * * * * * *
AN ACT To authorize the conveyance, for school purposes, of certain
land in Acadia National Park to the town of Tremont, Maine, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That the
Secretary]
SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK.
The Secretary of the Interior, in his discretion, is hereby
authorized to convey without consideration, but under such
terms and conditions as he may deem advisable, to the town of
Tremont, Hancock County, Maine, [for school purposes] for
public purposes, subject to the conditions that use of the
property shall not degrade or adversely impact the resources or
values of Acadia National Park, and the land shall remain in
public ownership for recreational, educational, or similar
public purposes, eight and forty-five one-hundredths acres of
land, more or less, situate between Marsh Creek and Marsh Road
on Mount Desert Island, Hancock County, Maine, now a part of
Acadia National Park.
PUBLIC LAW 99-420, as amended
* * * * * * *
TITLE I
SEC. 101. BOUNDARIES OF ACADIA NATIONAL PARK.
[In order to] (a) Boundaries.--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
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]
(b) Schoodic Peninsula Addition.--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.
(c) Availability of Maps.--The maps described in
subsections (a) and (b) shall be--
(1) on file and available for public inspection in
the appropriate offices of the National Park Service;
and
(2) made available to the Registry of Deeds for
Hancock and Knox Counties, Maine.
* * * * * * *
SEC. 103. ADVISORY COMMISSION.
* * * * * * *
[(f) The Commission established under this section shall
terminate 40 years after the enactment of this Act.]
* * * * * * *
[all]