
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC341]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
                 SUBCHAPTER XXXVII--ACADIA NATIONAL PARK
 
Sec. 341. Establishment; description of area

    The tracts of land, easements, and other real estate known before 
February 26, 1919, as the Sieur de Monts National Monument, situated on 
Mount Desert Island, in the county of Hancock and State of Maine, are 
declared to be a national park and dedicated as a public park for the 
benefit and enjoyment of the people under the name of 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 Sieur de Monts National Monument.

(Feb. 26, 1919, ch. 45, Sec. 1, 40 Stat. 1178; Jan. 19, 1929, ch. 77, 
Sec. 2, 45 Stat. 1083.)

                          Codification

    The words ``known before February 26, 1919,'' were substituted in 
text for ``heretofore known''.
    Recitation in this section as originally enacted of the fact that 
Sieur de Monts National Monument was established under act June 8, 1906, 
by Presidential proclamation of July 8, 1916, was omitted as 
historically obsolete.

                         Change of Name

    ``Lafayette National Park'' changed to ``Acadia National Park'' by 
act Jan. 19, 1929.


               Permanent Boundary for Acadia National Park

    Pub. L. 99-420, title I, Sept. 25, 1986, 100 Stat. 955, provided 
that:
``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 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 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 
appropriated 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.
    ``(b)(1) Not later than 6 months after the enactment of this Act 
[Sept. 25, 1986], the Secretary shall publish specific guidelines under 
which determinations shall be made under subsection (a)(2). The 
Secretary shall provide adequate opportunity for public comment on such 
guidelines. The guidelines shall provide for notice to the Secretary 
prior to commencement of any proposed development within the boundaries 
of the Park. The Secretary shall provide written notice to the owner of 
the property of any determination proposed to be made under subsection 
(a)(2) 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 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 
building 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.
        ``(C) Construction of reasonable support development such as 
    roads, parking facilities, water and sewage systems, and dock 
    facilities.
    ``(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 exchanged 
within 10 years after enactment of this Act [Sept. 25, 1986], shall be 
conveyed to the towns in which the property is located without 
emcumbrance [encumbrance] 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 10DBH 
and 11DBH known as the `Bar Harbor Sewage Treatment Plant'; 14DBH known 
as the `New Park Street Ballfield'; and 15DBH known as the `Former Park 
Headquarters'; shall be conveyed by the Secretary, without monetary 
consideration, to the town of Bar Harbor, Maine, within 180 days 
following the enactment of this Act [Sept. 25, 1986]. 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 subsection 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 
depicted 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 practicable 
following the enactment of this Act [Sept. 25, 1986], 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 
Secretary 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 significantly 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 
easements 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 subsection must possess one or more 
of the following characteristics:
        ``(A) important scenic, ecological, historic, archeological, or 
    cultural resources;
        ``(B) shorefront property; or
        ``(C) largely undeveloped entire islands.
    ``(2) Conservation easements acquired pursuant to this subsection 
shall--
        ``(A) protect the respective scenic, ecological, historic, 
    archeological, or cultural resources existing on the parcels;
        ``(B) preserve, through setback requirements or other 
    appropriate restrictions, the open, natural, or traditional 
    appearance of the shorefront when viewed from the water or from 
    other public viewpoints; or
        ``(C) limit year-round and seasonal residential and commercial 
    development to activities consistent with the preservation of the 
    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 
    conservation easement;
        ``(C) the 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 conservation 
    easements.
    ``(4) For purposes of this subsection, the term `conservation 
easement' 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 [Sept. 25, 1986].
    ``(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)(1) 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 and approved 
plans for the size, location and architectural design of the structure.
``SEC. 103. ADVISORY COMMISSION.
    ``(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 recommended by 
    the Governor of Maine.
        ``(3) 4 members, appointed from among individuals recommended by 
    each of the four towns on the island of Mount Desert.
        ``(4) 3 members appointed from among individuals recommended by 
    each of the three Hancock County mainland communities of Gouldsboro, 
    Winter Harbor, and Trenton.
        ``(5) 3 members, appointed from among individuals recommended 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 2 
years.
    ``(c) The Commission shall elect its own chairman and adopt its own 
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 
responsibilities 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 [Sept. 25, 1986].
``SEC. 104. BEAR ISLAND.
    ``(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 Secretary 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 AU HAUT.
    ``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 [set out 
as a note below].
``SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
    ``(a) Effective October 1, 1986, there are authorized to be 
appropriated 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.
    ``(b) For the purposes of paragraph 7(a)(3) of the Land and Water 
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-9), the 
statutory ceiling provided in subsection (a) shall be deemed to have 
been enacted prior to the convening of the Ninety-fifth Congress [Jan. 
4, 1977].
``SEC. 107. PAYMENTS TO LOCAL GOVERNMENTS.
    ``(a) Notwithstanding the limitation in subsection 3(d) of the Act 
of October 20, 1976 (90 Stat. 2662) payments in the manner provided in 
section 3 of that Act [see 31 U.S.C. 6904(b)] 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) Payments received by the units of local government pursuant to 
this section shall be used only for fire protection, police protection, 
solid waste management, and road maintenance and improvement.
    ``(c) Payments pursuant to this section may be made only from funds 
appropriated therefor. Such payments shall be in addition to and not in 
place of any other funds or form of Federal assistance to which the 
units of local government are entitled.''


 Acadia National Park Lands Lying Within Boundaries of Town of Isle au 
                               Haut, Maine

    Pub. L. 97-335, Oct. 15, 1982, 96 Stat. 1627, as amended by Pub. L. 
104-333, div. I, title VIII, Sec. 814(d)(1)(C), Nov. 12, 1996, 110 Stat. 
4196, provided: ``That the Congress finds that--
        ``(1) there are significant scenic, educational, natural, and 
    cultural resources in the town of Isle au Haut, Maine;
        ``(2) due to the isolated location and traditional resource-
    based economy of the town's island community, these resources are 
    fragile and deserving of conservation and protection through both 
    public and private efforts; and
        ``(3) both residents of the town and visitors to the Acadia 
    National Park will benefit from the establishment of a permanent 
    boundary for the park and the management of parklands on a limited 
    entry, low intensity basis.
    ``Sec. 2. Notwithstanding any other provision of law, the permanent 
boundary of Acadia National Park lying within the town of Isle au Haut, 
Maine, is hereby established to include only those lands and interests 
therein as are depicted on the map entitled `Boundary Map, Acadia 
National Park, Town of Isle au Haut, Maine', numbered 123-80003 and 
dated October 1981, which map is on file and available for public 
inspection in the offices of the Department of the Interior and at the 
Registry of Deeds for Hancock and Knox Counties, Maine.
    ``Sec. 3. (a) Within the boundary established by section 2, and as 
indicated on the map referenced therein, the Secretary of the Interior 
(hereinafter referred to as `the Secretary') is authorized to acquire 
lands and interests therein by donation or exchange. The Secretary is 
authorized and directed to acquire by donation, purchase with donated or 
appropriated funds, or exchange the tract known as the Hamilton lot in 
Duck Harbor. No later than one hundred and eighty days from enactment 
hereof [Oct. 15, 1982], the Secretary shall convey to the town of Isle 
au Haut all right, title and interest of the United States in and to 
those lands under the jurisdiction of the Secretary which lie outside 
the boundary established by section 2 and within the town of Isle au 
Haut, subject only to such covenants running with the land as the 
Secretary and the town agree are necessary to preserve the general 
character of such lands, which shall include covenants to maintain 
forever in their natural condition (excepting the cutting of fire trails 
and the extinguishment of fires) lands above three hundred feet above 
the mean high water level: Provided, however, That such covenants with 
respect to lands above three hundred feet and below four hundred feet 
shall permit the gathering and removal of dead and fallen timber.
    ``(b) Notwithstanding any other provisions of this Act [this note], 
the Secretary is also authorized to accept by donation, as a coholder 
for enforcement purposes only, a limited enforcement interest in 
conservation easements on lands outside the boundary established by 
section 2 hereof and within the town of Isle au Haut which may from time 
to time be donated to the Isle au Haut Land Conservation Trust, a trust 
established under the laws of the State of Maine. The Superintendent of 
Acadia National Park is hereby authorized to serve as an ex officio 
trustee of such trust.
    ``Sec. 4. (a) The management and use of parklands on Isle au Haut 
shall not interfere with the maintenance of a viable local community 
with a traditional resource-based economy outside the boundary of the 
park. To the maximum extent practicable, no development or plan for the 
convenience of park visitors shall be undertaken which would be 
incompatible with the preservation of the flora and fauna or the 
physiographic conditions now prevailing, and every effort shall be 
exerted to maintain and preserve this portion of the park in as nearly 
its present state and condition as possible. In recognition of the 
special fragility and sensitivity of the park's resources, visitation 
shall be strictly limited to assure negligible adverse impact on such 
resources, to conserve the character of the town and to protect the 
quality of the visitor experience.
    ``[(b), (c) Repealed. Pub. L. 104-333, div. I, title VIII, 
Sec. 814(d)(1)(C), Nov. 12, 1996, 110 Stat. 4196.]
    ``(d) Carrying capacities established pursuant to this section shall 
be reviewed, and if necessary revised, every five years. Any revision in 
such carrying capacity shall be made in accordance with the procedures 
set forth in subsections (b) and (c) of this section.
    ``(e) Until such time as a carrying capacity limitation is 
established and implemented pursuant to subsections (b) and (c) of this 
section, the Secretary shall take such temporary measures as are 
necessary to assure that visitation does not exceed the average annual 
visitation for the period 1979 to 1981.
    ``Sec. 5. There are hereby authorized to be appropriated after 
October 1, 1982, such sums as may be necessary to carry out the 
provisions of this Act [this note].''
