Public Law 99-420 99th Congress An Act

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.

use

341 note.

Gifts and

property.

use

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.

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

(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

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;

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

years.

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

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.

use

341 note.

100 STAT. 960 PUBLIC LAW

99-420—SEPT.

25, 1986

use

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.

Ot>)

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.

use

341 note. SEC. 107. PAYMENTS TO LOCAL GOVERNMENTS.

(a) Notwithstanding the limitation in subsection 3(d) of the Act of

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.

funds appropriated therefor. Such

pa5mients

shall be in addition to

and not in place of any other funds or form of Federal

£issistance

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

use

459b-7.

Stat. 292) is amended by striking out "ten years" and substituting

"30 years".

Approved September 25, 1986.

•Mccif^n

Ik'-'Ml

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-

ments.

July 24, House concurred in certain Senate amendments, in

another with an amendment.

Sept. 11, Senate receded from its amendment.