I

104TH CONGRESS

1ST SESSION H. R. 2763

To establish the Boston Harbor Islands National Recreation Area, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 12, 1995

Mr. STUDDS (for himself, Mr. TORKILDSEN, Mr. MOAKLEY, Mr. MARKEY, Mr.

FRANK of Massachusetts, Mr. KENNEDY of Massachusetts, Mr. NEAL of

Massachusetts, Mr. OLVER, Mr. MEEHAN, and Mr. BLUTE) introduced

the following bill; which was referred to the Committee on Resources

A BILL

To establish the Boston Harbor Islands National Recreation

Area, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—The Congress finds that—

5 (1) Boston is the economic and cultural center

6 of New England and a city of national and inter7 national significance; the Boston metropolitan region

8 plays a leadership role in the areas of higher edu-
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1 cation, technology, health care, transportation, and

2 national and international trade;

3 (2) Boston and the immediate region contain

4 some of the oldest, most valuable, and most visited

5 historic sites in the Nation, dating from precolonial

6 times;

7 (3) factors such as open space, parks, rec8 reational opportunities, and natural and cultural re9 source preservation will help determine the region’s

10 success and long-term economic and social viability

11 into the 21st century;

12 (4) Boston Harbor has been a major factor in

13 shaping Boston’s growth, development, and sus14 tained influence and significance in New England

15 and the Nation;

16 (5) years of neglect and overuse of Boston Har17 bor resulted in a serious decline in its water quality;

18 a major cleanup effort is fostering the Harbor’s re19 newal and revitalization, making it once again a

20 focal point for the city and region;

21 (6) the Boston Harbor Islands support invalu22 able natural resources, rare in urban settings, in23 cluding fresh and salt water marshes, dunes, wood24 lands, ledges and cliffs, and habitat for wildlife and

25 numerous bird species;
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1 (7) Boston Harbor and its islands, containing

2 numerous fortifications and other sites related to

3 coastal defense, played an important role in United

4 States military and maritime history from the colo5 nial era to the Cold War;

6 (8) Boston Harbor and its islands contain im7 portant archaeological sites and underwater archae8 ological resources which chronicle the use and settle9 ment of the Harbor by Native Americans from at

10 least 9,000 years ago until the 17th century;

11 (9) the Boston Harbor Islands offer abundant

12 opportunities for public education on society’s at13 tempts to deal with urban problems and to protect

14 the ecological health of the Harbor;

15 (10) the Boston Harbor Islands offer opportu16 nities for recreation, education, and public use and

17 enjoyment in a maritime setting that is within close

18 proximity to a large urban population;

19 (11) the Boston Harbor Islands are located in

20 a mixed use area, including an active commercial

21 seaport and the region’s busiest airport, the present

22 and future operation of which are essential for the

23 economic stability of the region;

24 (12) the Boston Harbor Islands possess out25 standing natural, historic, scenic, recreational, and
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1 educational values, and there is a national interest

2 in protecting and preserving these values for resi3 dents and visitors of the area; and

4 (13) a partnership among Federal, State, and

5 local governments and nonprofit organizations offers

6 the most effective opportunity for the enhancement

7 and management of the Boston Harbor Islands.

8 (b) PURPOSES.—The purposes of this Act are—

9 (1) to preserve for public use and enjoyment

10 the lands and waters that comprise the Boston Har11 bor Islands National Recreation Area;

12 (2) to manage the recreation area in partner13 ship with the private sector, the Commonwealth of

14 Massachusetts, municipalities surrounding Massa15 chusetts and Cape Cod Bays, the Thompson Island

16 Outward Bound Education Center, and Trustees of

17 Reservations, and with historical, business, cultural,

18 civic, recreational and tourism organizations; and

19 (3) to improve access to the Boston Harbor Is20 lands through the use of public water transportation.

21 SEC. 2. DEFINITIONS.

22 For the purposes of this Act:

23 (1) The term ‘‘recreation area’’ means the Bos24 ton Harbor Islands National Recreation Area estab25 lished by section 3.
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1 (2) The term ‘‘Secretary’’ means the Secretary

2 of the Interior.

3 SEC. 3. BOSTON HARBOR ISLANDS NATIONAL RECREATION

4 AREA.

5 (a) ESTABLISHMENT.—In order to preserve for the

6 benefit and inspiration of the people of the United States

7 as a national recreation area certain lands located in Mas8 sachusetts Bay, there is established as a unit of the Na9 tional Park System the Boston Harbor Islands National

10 Recreation Area.

11 (b) BOUNDARIES.—(1) The recreation area shall be

12 comprised of the lands, waters, and submerged lands gen13 erally depicted on the map entitled ‘‘Proposed Boston

14 Harbor Islands NRA’’, numbered BOHA 80001, and

15 dated August 1995. Such map shall be on file and avail16 able for public inspection in the appropriate offices of the

17 National Park Service. After advising the Committee on

18 Resources of the House of Representatives and the Com19 mittee on Energy and Natural Resources of the Senate

20 in writing, the Secretary may make minor revisions of the

21 boundaries of the recreation area when necessary by publi22 cation of a revised drawing or other boundary description

23 in the Federal Register.

24 (2) The recreation area shall include the following:
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1 (A) The areas depicted on the map referenced

2 in paragraph (1).

3 (B) Landside points required for access, visitor

4 services, and administration in the city of Boston

5 along its Harborwalk and at Long Wharf, Castle Is6 land, Fan Pier, John F. Kennedy Library, and the

7 Custom House; Charlestown Navy Yard; old North8 ern Avenue Bridge; the city of Quincy at Squantum

9 Point/Marina Bay, the Fore River Shipyard, and

10 Town River; the Town of Hingham at Hewitt’s

11 Cove; the Town of Hull; the city of Salem at Salem

12 National Historic Site; and the city of Lynn at the

13 Heritage State Park.

14 SEC. 4. ADMINISTRATION OF RECREATION AREA.

15 (a) IN GENERAL.—The recreation area shall be ad16 ministered by the Secretary in accordance with this Act.

17 Only those lands within the recreation area under the own18 ership of the Secretary shall be administered in accord19 ance with the provisions of law generally applicable to

20 units of the National Park System, including the Act enti21 tled ‘‘An Act to establish a National Park Service, and

22 for other purposes’’, approved August 25, 1916 (39 Stat.

23 535; 16 U.S.C. 1, 2, 3, and 4), and the Act of August

24 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467) as amended

25 and supplemented.
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1 (b) STATE AND LOCAL JURISDICTION.—Nothing in

2 this Act shall be construed to diminish, enlarge, or modify

3 any right of the Commonwealth of Massachusetts or any

4 political subdivision thereof, to exercise civil and criminal

5 jurisdiction or to carry out State laws, rules, and regula6 tions within the recreation area, including those relating

7 to fish and wildlife, or to tax persons, corporations, fran8 chises, or private property on the lands and waters in9 cluded in the recreation area.

10 (c) COOPERATIVE AGREEMENTS.—The Secretary

11 may consult and enter into cooperative agreements with

12 such persons or entities as the Secretary determines to

13 be appropriate for the preservation, interpretation, man14 agement, and provision of educational and recreational

15 uses for the properties in the recreation area.

16 (d) ACQUISITION OF REAL AND PERSONAL PROP17 ERTY AND SERVICES.—The Secretary may acquire by do18 nation, exchange, lease or purchase with donated or appro19 priated funds personal property and lands and improve20 ments in the recreation area, for the purposes of the recre21 ation area. The Secretary may not acquire any interest

22 in real property in the recreation area without the consent

23 of the owner.
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1 (e) OTHER PROPERTY, FUNDS, AND SERVICES.—The

2 Secretary may accept and use donated funds, property,

3 and services to carry out this Act.

4 (f) RELATIONSHIP OF RECREATION AREA TO BOS5 TON-LOGAN INTERNATIONAL AIRPORT.—With respect to

6 the recreation area, the present and future maintenance,

7 operation, improvement and use of Boston-Logan Inter8 national Airport and associated flight patterns from time

9 to time in effect shall not be deemed to constitute the use

10 of publicly owned land of a public park, recreation area,

11 or other resource within the meaning of section 303(c) of

12 title 49, United States Code, and shall not be deemed to

13 have a significant effect on natural, scenic, and recreation

14 assets within the meaning of section 47101(h)(2) of title

15 49, United States Code.

16 SEC. 5. BOSTON HARBOR ISLANDS PARTNERSHIP.

17 (a) ESTABLISHMENT.—There is hereby established

18 the Boston Harbor Islands Partnership whose purpose

19 shall be to coordinate the activities of Federal, State, and

20 local authorities and the private sector in the development

21 and implementation of an integrated resource manage22 ment plan for the recreation area.

23 (b) MEMBERSHIP.—The Partnership shall be com24 posed of 13 members, as follows:
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1 (1) One individual appointed by the Secretary,

2 to represent the National Park Service.

3 (2) One individual, appointed by the Secretary

4 of Transportation, to represent the United States

5 Coast Guard.

6 (3) Two individuals, appointed by the Sec7 retary, after consideration of recommendations by

8 the Governor of Massachusetts, to represent the De9 partment of Environmental Management and the

10 Metropolitan District Commission.

11 (4) One individual, appointed by the Secretary,

12 after consideration of recommendations by the

13 Chair, to represent the Massachusetts Port Author14 ity.

15 (5) One individual, appointed by the Secretary,

16 after consideration of recommendations by the

17 Chair, to represent the Massachusetts Water Re18 sources Authority.

19 (6) One individual, appointed by the Secretary,

20 after consideration of recommendations by the

21 Mayor of Boston, to represent the Office of Environ22 mental Services of the city of Boston.

23 (7) One individual, appointed by the Secretary,

24 after consideration of recommendations by the
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1 Chair, to represent the Boston Redevelopment Au2 thority.

3 (8) One individual, appointed by the Secretary,

4 after consideration of recommendations of the Presi5 dent of the Thompson Island Outward Bound Edu6 cation Center, to represent the Center.

7 (9) One individual, appointed by the Secretary,

8 after consideration of recommendations of the Chair,

9 to represent the Trustees of Reservations.

10 (10) One individual, appointed by the Sec11 retary, after consideration of recommendations of

12 the President of the Island Alliance, to represent the

13 Alliance, a non-profit organization whose sole pur14 pose is to provide financial support for the Boston

15 Harbor Islands National Recreation Area.

16 (11) Two individuals, appointed by the Sec17 retary, to represent the Boston Harbor Islands Advi18 sory Council, established in section 8.

19 (c) TERMS OF OFFICE; REAPPOINTMENT.—(1) Mem20 bers of the Partnership shall serve for terms of three

21 years. Any member may be reappointed for one additional

22 three year term.

23 (2) The Secretary shall appoint the first members of

24 the Partnership within 30 days after the date on which

25 the Secretary has received all of the recommendations for
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1 appointment pursuant to subsections (b) (3), (4), (5), (6),

2 (7), (8), (9), and (10).

3 (3) A member may serve after the expiration of his

4 or her term until a successor has been appointed.

5 (d) COMPENSATION.—Members of the Partnership

6 shall serve without pay, but while away from their homes

7 or regular places of business in the performance of services

8 for the Partnership, members shall be allowed travel ex9 penses, including per diem in lieu of subsistence, in the

10 same manner as persons employed intermittently in the

11 Government service are allowed expenses under section

12 5703 of title 5, United States Code.

13 (e) ELECTION OF OFFICERS.—The Partnership shall

14 elect one of its members as Chairperson and one as Vice

15 Chairperson. The term of office of the Chairperson and

16 Vice Chairperson shall be one year. The Vice Chairperson

17 shall serve as chairperson in the absence of the Chair18 person.

19 (f) VACANCY.—Any vacancy on the Partnership shall

20 be filled in the same manner in which the original appoint21 ment was made.

22 (g) MEETINGS.—The Partnership shall meet at the

23 call of the Chairperson or a majority of its members.

24 (h) QUORUM.—A majority of the Partnership shall

25 constitute a quorum.
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1 (i) STAFF OF THE PARTNERSHIP.—The Secretary

2 shall provide the Partnership with such staff and technical

3 assistance as the Secretary, after consultation with the

4 Partnership, considers appropriate to enable the Partner5 ship to carry out its duties. The Secretary may accept the

6 services of personnel detailed from the Commonwealth of

7 Massachusetts, any political subdivision of the Common8 wealth or any entity represented on the Partnership.

9 SEC. 6. POWERS OF THE PARTNERSHIP.

10 (a) HEARINGS.—The Partnership may hold such

11 hearings, sit and act at such times and places, take such

12 testimony, and receive such evidence as the Partnership

13 may deem appropriate.

14 (b) DONATIONS.—Notwithstanding any other provi15 sion of law, the Partnership may seek and accept dona16 tions of funds, property, or services from individuals, foun17 dations, corporations, and other private and public entities

18 for the purpose of carrying out this Act.

19 (c) USE OF FUNDS TO OBTAIN MONEY.—The Part20 nership may use its funds to obtain money from any

21 source under any program or law requiring the recipient

22 of such money to make a contribution in order to receive

23 such money.

24 (d) MAILS.—The Partnership may use the United

25 States mails in the same manner and upon the same con-
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1 ditions as other departments and agencies of the United

2 States.

3 (e) OBTAINING PROPERTY.—The Partnership may

4 obtain by purchase, rental, donation, or otherwise, such

5 property, facilities, and services as may be needed to carry

6 out its duties, except that the Partnership may not acquire

7 any real property or interest in real property.

8 (f) COOPERATIVE AGREEMENTS.—For purposes of

9 carrying out the plan described in section 7, the Partner10 ship may enter into cooperative agreements with the Com11 monwealth of Massachusetts, any political subdivision

12 thereof, or with any organization or person.

13 SEC. 7. INTEGRATED RESOURCE MANAGEMENT PLAN.

14 (a) IN GENERAL.—Within three years after the date

15 of enactment of this Act, the Partnership shall submit to

16 the Secretary a management plan for the recreation area

17 to be developed and implemented by the Partnership.

18 (b) CONTENTS OF PLAN.—The plan shall include

19 (but not be limited to) each of the following:

20 (1) A program providing for coordinated admin21 istration of the recreation area with proposed assign22 ment of responsibilities to the appropriate govern23 mental unit at the Federal, State, and local levels,

24 and non-profit organizations, including each of the

25 following:
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1 (A) A plan to finance and support the pub2 lic improvements and services recommended in

3 the plan, including allocation of non-Federal

4 matching requirements set forth in section 9

5 and a delineation of private sector roles and re6 sponsibilities.

7 (B) A program for the coordination and

8 consolidation, to the extent feasible, of activities

9 that may be carried out by Federal, State, and

10 local agencies having jurisdiction over land and

11 waters within the recreation area, including

12 planning and regulatory responsibilities.

13 (2) Policies and programs for the following pur14 poses:

15 (A) Enhancing public outdoor recreational

16 opportunities in the recreation area.

17 (B) Conserving, protecting and maintain18 ing the scenic, historical, cultural, natural and

19 scientific values of the islands.

20 (C) Developing educational opportunities

21 in the recreation area.

22 (D) Enhancing public access to the Is23 lands, including development of transportation

24 networks.
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1 (E) Identifying potential sources of reve2 nue from programs or activities carried out

3 within the recreation area.

4 (3) A policy statement that recognizes existing

5 economic activities within the recreation area.

6 (c) DEVELOPMENT OF PLAN.—In developing the

7 plan, the Partnership shall—

8 (1) consult on a regular basis with appropriate

9 officials of any local government or Federal or State

10 agency which has jurisdiction over lands and waters

11 within the recreation area;

12 (2) consult with interested conservation, busi13 ness, professional, and citizen organizations; and

14 (3) conduct public hearings or meetings for the

15 purposes of providing interested persons with the op16 portunity to testify with respect to matters to be ad17 dressed by the plan.

18 (d) APPROVAL OF PLAN.—(1) The Partnership shall

19 submit the plan to the Governor of Massachusetts for re20 view. The Governor shall have 90 days to review and make

21 any recommendations. After considering the Governor’s

22 recommendations, the Partnership shall submit the plan

23 to the Secretary, who shall approve or disapprove the plan

24 within 90 days. In reviewing the plan the Secretary shall

25 consider each of the following:
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1 (A) The adequacy of public participation.

2 (B) Assurances of plan implementation from

3 State and local officials.

4 (C) The adequacy of regulatory and financial

5 tools that are in place to implement the plan.

6 (2) If the Secretary disapproves the plan, the Sec7 retary shall, within 60 days after the date of such dis8 approval, advise the Partnership in writing of the reasons

9 therefor, together with recommendations for revision.

10 Within 90 days of receipt of such notice of disapproval,

11 the Partnership shall revise and resubmit the plan to the

12 Secretary who shall approve or disapprove the revision

13 within 60 days.

14 (e) INTERIM PROGRAM.—Prior to adoption of the

15 Partnership’s plan, the Secretary and the Partnership

16 shall assist the owners and managers of lands and waters

17 within the recreation area to ensure that existing pro18 grams, services, and activities that promote the purposes

19 of this Act are supported.

20 SEC. 8. BOSTON HARBOR ISLANDS ADVISORY COUNCIL.

21 (a) ESTABLISHMENT.—The Secretary, acting

22 through the Director of the National Park Service, shall

23 establish an advisory committee to be known as the Bos24 ton Harbor Islands Advisory Council. The purpose of the

25 Advisory Council shall be to represent various groups with
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1 interests in the recreation area and make recommenda2 tions to the Boston Harbor Islands Partnership on issues

3 related to the development and implementation of the inte4 grated resource management plan developed under section

5 7. The Advisory Council is encouraged to establish com6 mittees relating to specific recreation area management is7 sues, including (but not limited to) education, tourism,

8 transportation, natural resources, cultural and historic re9 sources, and revenue raising activities. Participation on

10 any such committee shall not be limited to members of

11 the Advisory Council.

12 (b) MEMBERSHIP.—The Advisory Council shall con13 sist of not fewer than 15 individuals, to be appointed by

14 the Secretary, acting through the Director of the National

15 Park Service. The Secretary shall appoint no fewer than

16 three individuals to represent each of the following cat17 egories of entities: municipalities; educational and cultural

18 institutions; environmental organizations; business and

19 commercial entities, including those related to transpor20 tation, tourism and the maritime industry; and Boston

21 Harbor-related advocacy organizations.

22 (c) PROCEDURES.—Each meeting of the Advisory

23 Council and its committees shall be open to the public.
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1 (d) FACA.—The provisions of section 14 of the Fed2 eral Advisory Committee Act (5 U.S.C. App.), are hereby

3 waived with respect to the Advisory Council.

4 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

5 (a) IN GENERAL.—There is authorized to be appro6 priated such sums as may be necessary to carry out this

7 Act.

8 (b) MATCHING REQUIREMENT.—Amounts appro9 priated in any fiscal year to carry out this Act may only

10 be expended on a matching basis in a ratio of at least

11 three non-Federal dollars to every Federal dollar. The

12 non-Federal share of the match may be in the form of

13 cash, services, or in-kind contributions, fairly valued.

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