§ 341. — Establishment; description of area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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Recitation in this section as originally enacted of the fact that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].''
