Page:United States Statutes at Large Volume 100 Part 1.djvu/994

 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 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. (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

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