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                                                      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]