69–010 

Calendar No. 645 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–293 

BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA 

COOPERATIVE AGREEMENTS ACT 

APRIL 10, 2008.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1365] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1365) to amend the Omnibus Parks and Public 

Lands Management Act of 1996 to authorize the Secretary of the 

Interior to enter into cooperative agreements with any of the management partners of the Boston Harbor Islands National Recreation Area, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that 

the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. COOPERATIVE AGREEMENTS FOR BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA. 

Section 1029(d) of the Omnibus Parks and Public Lands Management Act of 1996 

(16 U.S.C. 460kkk(d)) is amended by striking paragraph (3) and inserting the following: 

‘‘(3) AGREEMENTS.— 

‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In this paragraph, the term ‘eligible entity’ means— 

‘‘(i) the Commonwealth of Massachusetts; 

‘‘(ii) a political subdivision of the Commonwealth of Massachusetts; 

or 

‘‘(iii) any other entity that is a member of the Boston Harbor Islands 

Partnership described in subsection (e)(2). 

‘‘(B) AUTHORITY OF SECRETARY.—Subject to subparagraph (C), the Secretary may consult with an eligible entity on, and enter into with the eligible entity— 

‘‘(i) a cooperative management agreement to acquire from, and provide to, the eligible entity goods and services for the cooperative management of land within the recreation area; and 


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‘‘(ii) notwithstanding section 6305 of title 31, United States Code, a 

cooperative agreement for the construction of recreation area facilities 

on land owned by an eligible entity for purposes consistent with the 

management plan under subsection (f). ‘‘(C) CONDITIONS.—The Secretary may enter into an agreement with an 

eligible entity under subparagraph (B) only if the Secretary determines 

that—‘‘(i) appropriations for carrying out the purposes of the agreement are 

available; and ‘‘(ii) the agreement is in the best interests of the United States.’’. 

SEC. 2. TECHNICAL AMENDMENTS. 

(a) MEMBERSHIP.—Section 1029(e)(2)(B) of the Omnibus Parks and Public Lands 

Management Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by striking ‘‘Coast 

Guard’’ and inserting ‘‘Coast Guard.’’. (b) DONATIONS.—Section 1029(e)(11) of the Omnibus Parks and Public Lands 

Management Act of 1996 (16 U.S.C. 460kkk(e)(11)) is amended by striking 

‘‘Nothwithstanding’’ and inserting ‘‘Notwithstanding’’. 

PURPOSE

The purpose of S. 1365 is to amend the Omnibus Parks and Public Lands Management Act of 1996 to authorize the Secretary of 

the Interior to enter into cooperative agreements with any of the 

management partners of the Boston Harbor Islands National 

Recreation Area, and for other purposes. 

BACKGROUND AND NEED

The Boston Harbor Islands National Recreation Area includes 30 

islands within Boston Harbor, all located within 10 miles or less 

of downtown Boston. Unlike most park units, the National Park 

Service does not own any of the islands within the boundary of the 

recreation area. 

S. 1365 would authorize the National Park Service to enter into 

cooperative management agreements with any of the management 

partners represented on the Boston Harbor Islands Partnership 

(Partnership), a federal operating committee. The purpose of the 

Partnership is to coordinate the activities of Federal, State, and 

local authorities and the private sector in the development and implementation of an integrated resource management plan (also 

known as the General Management Plan) for the recreation area. 

The National Park Service administers the recreation area in partnership with the Commonwealth of Massachusetts, the City of Boston and its applicable subdivisions, and others entities, including 

three non-profit agencies that are represented on the Partnership, 

as stipulated in the authorizing legislation for the recreation area. 

Under existing law, the Secretary of the Interior is not authorized to enter into cooperative management agreements with the 

three non-profit agencies that are represented on the Partnership. 

S. 1365 authorizes the Secretary to consult with and enter into cooperative management agreements with all entities represented on 

the Partnership. In addition, the bill expands the scope of cooperative agreements to include the construction of recreation facilities. 

LEGISLATIVE HISTORY

S. 1365 was introduced by Senators Kerry and Kennedy on May 

10, 2007. The Subcommittee on National Parks held a hearing on 

it on November 8, 2007. (S. Hrg. 110–282.) The Committee on Energy and Natural Resources ordered it favorably reported with an 


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amendment in the nature of a substitute on January 30, 2008. 

Similar legislation, S. 2669, was introduced by Senators Kerry and 

Kennedy in the 109th Congress, but no action was taken on it. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on January 30, 2008, by a voice vote of a quorum 

present, recommends that the Senate pass S. 1365, if amended as 

described herein. 

COMMITTEE AMENDMENT

During consideration of S. 1365, the Committee adopted an 

amendment in the nature of a substitute. The amendment, recommended by the National Park Service, makes a number of technical modifications and eliminates a broad provision in the bill that 

would have authorized the Secretary to enter into cooperative 

agreements for any purpose that is consistent with the purposes for 

which the recreation area was first established. 

SECTION-BY-SECTION ANALYSIS

Section 1 amends section 1029(d) of the Omnibus Parks and Public Lands Management Act of 1996 to authorize the Secretary to 

enter into cooperative agreements with any entity that is a member 

of the Boston Harbor Islands Partnership. In addition, the bill expands the current scope of the cooperative agreements to include 

construction of recreation area facilities on land owned by an eligible entity for purposes consistent with the relevant management 

plan. Finally, S. 1365 states that a cooperative agreement may only 

be entered into if the Secretary determines that appropriations for 

carrying out the agreement are available and the agreement is in 

the best interest of the United States. 

Section 2 makes technical corrections to section 1029(e) of the 

Omnibus Parks and Public Lands Management Act of 1996. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1365—A bill to amend the Omnibus Parks and Public Lands 

Management Act of 1996 to authorize the Secretary of the Interior to enter into cooperative agreements with any of the management partners of the Boston Harbor Islands National Recreation Area, and for other purposes 

S. 1365 would authorize the Secretary of the Interior to enter 

into cooperative agreements with members of the Boston Harbor 

Islands Partnership for the management of land and the construction of facilities within the Boston Harbor Islands National Recreation Area. Under current law, the Secretary may enter into such 

agreements with the Commonwealth of Massachusetts and local 

governments. The bill would extend this authority to include nonprofit organizations that are members of the Boston Harbor Islands 

Partnership. Those organizations currently participate in the management of the recreation area (and receive indirect federal assistVerDate Aug 31 2005 07:48 Apr 12, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR293.XXX SR293

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ance through agreements with other members of the Boston Harbor 

Islands Partnership) but do not receive grants directly from the department. 

CBO estimates that implementing S. 1365 would have no significant cost to the federal government. Enacting this legislation would 

not affect direct spending or revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Daniel Hoople. This 

estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1365. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1365, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1365, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

STATEMENT OF KATHERINE H. STEVENSON, ACTING ASSISTANT DIRECTOR, BUSINESS SERVICES, NATIONAL PARK

SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before your committee to present the views of the Department of the Interior on S. 1365, a bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to 

authorize the Secretary of the Interior to enter into cooperative agreements with any of the management partners of 

the Boston Harbor Islands National Recreation Area. 

The Department has concerns with the bill as written. 

The Department is particularly concerned about the use of 

cooperative agreements for construction of park facilities 

by non-Federal partners using appropriated funds. We 

would like to follow up with written comments on how this 

bill could be modified to address the needs of the park and 

its partners while ensuring the appropriate use of Federal 

funds. 

This bill would change the authorizing legislation for the 

Boston Harbor Islands National Recreation Area. Section 

1029 of Public Law 104–333 authorized the Secretary to 

enter into cooperative agreements with the Commonwealth 


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of Massachusetts or its political subdivisions to implement 

the management plan for the national recreation area. The 

law did not authorize cooperative agreements with the 

non-profit organizations, named within the Act, that administer the Boston Harbor Islands in partnership with 

the Secretary through the Boston Harbor Islands Partnership (Partnership) established in section (e) of the Act. S. 

1365 would explicitly permit the Secretary to enter into cooperative management agreements with the three nonprofit organizations named in section (e)(2) of the Act: The 

Island Alliance, The Trustees of Reservations, and the 

Thompson Island Outward Bound Education Center. This 

authority would allow the Secretary to contract with these 

non-profit organizations for any goods or services needed 

in the administration of the recreation area. 

Authorized in 1996, the Boston Harbor Islands National 

Recreation Area includes 30 islands within Boston Harbor, 

all located within 10 miles or less of downtown Boston. 

Unlike most park units, the National Park Service does 

not own any of the islands within the boundary of the 

recreation area. 

The recreation area has proven itself a model of collaborative park management. The 13 entities named in the 

original legislation have endorsed an ambitious management plan and have realized many of its goals. Together 

they have spent $78.5 million to provide visitor services, 

rebuild island infrastructure and protect park resources, 

and $76.6 million to develop new parkland and facilities. 

Their combined park operating expenditures total $7.5 million annually. Federal dollars total less than one-quarter 

of park expenditures, with the rest coming from State and 

local government and private donations as required in the 

enabling legislation. We believe that we can find a solution 

that will allow us to work constructively with our partners 

and we intend to follow up with further suggestions for 

amending this legislation. 

Mr. Chairman, thank you for the opportunity to comment. This concludes my prepared remarks and I will be 

happy to answer any questions you or other committee 

members might have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

1365 as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 


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Public Law 104–333 

AN ACT To provide for the administration of certain Presidio properties at minimal 

cost to the Federal taxpayer, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

* * * * * * * 

SEC. 1029(d) ADMINISTRATION OF RECREATION AREA.— 

* * * * * * * 

ø(3) COOPERATIVE AGREEMENTS.—The Secretary may consult 

and enter into cooperative agreements with the Commonwealth of Massachusetts or its political subdivisions to acquire 

from and provide to the Commonwealth or its political subdivisions goods and services to be used in the cooperative management of lands within the recreation area, if the Secretary determines that appropriations for that purpose are available 

and the agreement is in the best interest of the United 

States.¿ 

(3) AGREEMENTS.—

(A) DEFINITION OF ELIGIBLE ENTITY.—In this paragraph, 

the term ‘eligible entity’ means—

(i) the Commonwealth of Massachusetts; 

(ii) a political subdivision of the Commonwealth of 

Massachusetts; or 

(iii) any other entity that is a member of the Boston 

Harbor Islands Partnership described in subsection 

(e)(2). 

(B) AUTHORITY OF SECRETARY.—Subject to subparagraph 

(C), the Secretary may consult with an eligible entity on, 

and enter into with the eligible entity—

(i) a cooperative management agreement to acquire 

from, and provide to, the eligible entity goods and services for the cooperative management of land within the 

recreation area; and 

(ii) notwithstanding section 6305 of title 31, United 

States Code, a cooperative agreement for the construction of recreation area facilities on land owned by an 

eligible entity for purposes consistent with the management plan under subsection (f). 

(C) CONDITIONS.—The Secretary may enter into an agreement with an eligible entity under subparagraph (B) only 

if the Secretary determines that—

(i) appropriations for carrying out the purposes of the 

agreement are available; and 

(ii) the agreement is in the best interests of the 

United States. 

* * * * * * * 

SEC. 1029(e) BOSTON HARBOR ISLANDS PARTNERSHIP ESTABLISHMENT. 

* * * * * * * 

(2) MEMBERSHIP.—The Partnership shall be composed of 13 

members, as follows: 


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(A) One individual, appointed by the Secretary, to represent the National Park Service. 

(B) One individual, appointed by the Commandant of the 

øCoast Guard¿ Coast Guard. 

* * * * * * * 

(11) øNothwithstanding¿ Notwithstanding any other provision of law, the Partnership may seek and accept donations of 

funds, property, or services from individuals, foundations, corporations, and other private and public entities for the purpose 

of carrying out this section. 

* * * * * * * 

Æ 


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