Notes on 16 U.S.C. § 341 : US Code - Notes

Search Notes on 16 U.S.C. § 341 : US Code - Notes

(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Recitation in this section as originally enacted of the fact that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]."