Text: H.R.459 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (01/10/2019)

 
[Congressional Bills 116th Congress]
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[H.R. 459 Introduced in House (IH)]

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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 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:

``SEC. 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.

    ``(a) Definitions.--In this section:
            ``(1) Land within the park.--The term `land within the 
        Park' means land owned or controlled by the United States--
                    ``(A) that is within the boundary of the Park 
                established by section 101; or
                    ``(B)(i) that is outside the boundary of the Park; 
                and
                    ``(ii) in which the Secretary has or acquires a 
                property interest or conservation easement pursuant to 
                this title.
            ``(2) Marine species; marine worm; shellfish.--The terms 
        `marine species', `marine worm', and `shellfish' have the 
        meanings given those terms in section 6001 of title 12 of the 
        Maine Revised Statutes (as in effect on the date of enactment 
        of this section).
            ``(3) State law.--The term `State law' means the law 
        (including regulations) of the State of Maine, including the 
        common law.
            ``(4) Taking.--The term `taking' means the removal or 
        attempted removal of a marine species, marine worm, or 
        shellfish from the natural habitat of the marine species, 
        marine worm, or shellfish.
    ``(b) Continuation of Traditional Uses.--The Secretary shall allow 
for the traditional taking of marine species, marine worms, and 
shellfish, on land within the Park between the mean high watermark and 
the mean low watermark in accordance with State law.''.

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.
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