II

104TH CONGRESS

1ST SESSION S. 1476

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

other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 13, 1995

Mr. KERRY (for himself and Mr. KENNEDY) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural 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.—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;

8 (2) the Boston metropolitan region plays a

9 leadership role in the areas of higher education,
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1 technology, health care, transportation, and national

2 and international trade;

3 (3) 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 (4) 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 (5) 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 (6) years of neglect and overuse of Boston Har17 bor resulted in a serious decline in its water quality,

18 but a major cleanup effort is fostering the Harbor’s

19 renewal and revitalization, making the Harbor once

20 again a focal point for the city and region;

21 (7) the Boston Harbor Islands support invalu22 able natural resources, rare in urban settings, that

23 include 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 (8) Boston Harbor and its islands, containing

2 many fortifications and other sites related to coastal

3 defense, played an important role in United States

4 military and maritime history from the colonial era

5 to the Cold War;

6 (9) Boston Harbor and its islands contain im7 portant archaeological sites and underwater archae8 ological resources that 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 (10) the Boston Harbor Islands offer abundant

12 opportunities for public education on the attempts of

13 society to deal with urban problems and to protect

14 the ecological health of the Harbor;

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

17 enjoyment in a maritime setting that is in close

18 proximity to a large urban population;

19 (12) 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 (13) the Boston Harbor Islands possess out25 standing natural, historical, scenic, recreational, and
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1 educational values, and there is a national interest

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

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

5 local governments and nonprofit organizations offers

6 the best opportunity for the enhancement and man7 agement 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 Bay and Cape Cod Bay, the Thompson Is16 land Outward Bound Education Center, and The

17 Trustees of Reservations and with historical, busi18 ness, cultural, civic, recreational, and tourism orga19 nizations; and

20 (3) to improve access to the Boston Harbor Is21 lands through the use of public water transportation.

22 SEC. 2. DEFINITIONS.

23 In this Act:
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1 (1) ADVISORY COUNCIL.—The term ‘‘advisory

2 council’’ means the Boston Harbor Islands Advisory

3 Council established under section 8.

4 (2) MANAGEMENT PLAN.—The term ‘‘manage5 ment plan’’ means the management plan for the

6 recreation area approved under section 7.

7 (3) PARTNERSHIP.—The term ‘‘Partnership’’

8 means the Boston Harbor Islands Partnership es9 tablished by section 5.

10 (4) RECREATION AREA.—The term ‘‘recreation

11 area’’ means the Boston Harbor Islands National

12 Recreation Area established by section 3.

13 (5) SECRETARY.—The term ‘‘Secretary’’ means

14 the Secretary of the Interior.

15 SEC. 3. BOSTON HARBOR ISLANDS NATIONAL RECREATION

16 AREA.

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

18 benefit and inspiration of the people of the United States

19 as a national recreation area certain lands located in Mas20 sachusetts Bay, there is established as a unit of the Na21 tional Park System the Boston Harbor Islands National

22 Recreation Area.

23 (b) BOUNDARIES.—

24 (1) IN GENERAL.—The recreation area shall—
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1 (A) be comprised of the lands, waters, and

2 submerged lands generally depicted on the map

3 entitled ‘‘Proposed Boston Harbor Islands

4 NRA’’, numbered BOHA 80001, and dated Au5 gust 1995; and

6 (B) include landside points required for ac7 cess, visitor services, and administration—

8 (i) in the city of Boston along the

9 Harborwalk and at Long Wharf, Castle Is10 land, Fan Pier, the John F. Kennedy Li11 brary, and the Custom House;

12 (ii) at Charlestown Navy Yard;

13 (iii) at the old Northern Avenue

14 Bridge;

15 (iv) in the city of Quincy at Squantum

16 Point/Marina Bay, the Fore River Ship17 yard, and Town River;

18 (v) in the town of Hingham at Hew19 itt’s Cove;

20 (vi) in the town of Hull;

21 (vii) in the city of Salem at Salem

22 National Historic Site; and

23 (viii) in the city of Lynn at Heritage

24 State Park.
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1 (2) PUBLIC AVAILABILITY OF MAP.—The map

2 described in paragraph (1) shall be on file and avail3 able for public inspection in the appropriate offices

4 of the National Park Service.

5 (3) MINOR REVISIONS.—After advising the

6 Committee on Resources of the House of Represent7 atives and the Committee on Energy and Natural

8 Resources of the Senate in writing, the Secretary

9 may make minor revisions to the boundaries of the

10 recreation area by publication of a revised drawing

11 or other boundary description in the Federal Reg12 ister.

13 SEC. 4. ADMINISTRATION OF RECREATION AREA.

14 (a) IN GENERAL.—The recreation area shall be ad15 ministered by the Secretary in accordance with this Act.

16 (b) FEDERAL LAND.—The land in the recreation

17 area that is owned by the United States, acting through

18 the Secretary, shall be administered in accordance with

19 the law generally applicable to units of the National Park

20 System, including the Act entitled ‘‘An Act to establish

21 a National Park Service, and for other purposes’’, ap22 proved August 25, 1916 (39 Stat. 535, chapter 408; 16

23 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49

24 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.).
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1 (c) STATE AND LOCAL JURISDICTION.—Nothing in

2 this Act diminishes, enlarges, or modifies any right of the

3 Commonwealth of Massachusetts or any political subdivi4 sion of the Commonwealth to exercise civil and criminal

5 jurisdiction or to carry out State laws in the recreation

6 area, including laws relating to fish and wildlife and laws

7 relating to the taxation of persons or property in the recre8 ation area.

9 (d) COOPERATIVE AGREEMENTS.—The Secretary

10 may consult and enter into cooperative agreements with

11 such persons or entities as the Secretary determines to

12 be appropriate for the preservation, interpretation, man13 agement, and provision of educational and recreational

14 uses for the properties in the recreation area.

15 (e) ACQUISITION OF REAL AND PERSONAL PROP16 ERTY AND SERVICES.—

17 (1) IN GENERAL.—The Secretary may acquire

18 for purposes of the recreation area, by donation, ex19 change, or lease or purchase with donated or appro20 priated funds, personal property and lands and im21 provements in the recreation area.

22 (2) LIMITATION.—The Secretary may not ac23 quire an interest in real property in the recreation

24 area without the consent of the owner.
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1 (f) OTHER PROPERTY, FUNDS, AND SERVICES.—The

2 Secretary may accept and use donated funds, property,

3 and services to carry out this Act.

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

6 the recreation area, the maintenance, operation, improve7 ment, and use of Logan International Airport and associ8 ated flight patterns from time to time in effect shall not

9 be considered to constitute the use of publicly owned land

10 of a public park, recreation area, or other resource within

11 the meaning of section 303(c) of title 49, United States

12 Code, or to have a significant effect on natural, scenic,

13 and recreation assets within the meaning of section

14 47101(h)(2) of title 49, United States Code.

15 SEC. 5. BOSTON HARBOR ISLANDS PARTNERSHIP.

16 (a) ESTABLISHMENT.—There is established in the ex17 ecutive branch the Boston Harbor Islands Partnership,

18 the purpose of which shall be to coordinate the activities

19 of Federal, State, and local authorities and the private

20 sector in the development and implementation of an inte21 grated resource management plan for the recreation area.

22 (b) MEMBERSHIP.—The Partnership shall be com23 posed of 13 members, including—

24 (1) 1 individual appointed by the Secretary to

25 represent the National Park Service;
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1 (2) 1 individual appointed by the Secretary of

2 Transportation to represent the United States Coast

3 Guard;

4 (3) 2 individuals appointed by the Secretary,

5 after consideration of recommendations by the Gov6 ernor of Massachusetts, to represent the Department

7 of Environmental Management and the Metropolitan

8 District Commission;

9 (4) 1 individual appointed by the Secretary,

10 after consideration of recommendations by the chair11 person of the Massachusetts Port Authority, to rep12 resent the Massachusetts Port Authority;

13 (5) 1 individual appointed by the Secretary,

14 after consideration of recommendations by the chair15 person of the Massachusetts Water Resources Au16 thority, to represent the Massachusetts Water Re17 sources Authority;

18 (6) 1 individual appointed by the Secretary,

19 after consideration of recommendations by the

20 mayor of Boston, to represent the Office of Environ21 mental Services of the city of Boston;

22 (7) 1 individual appointed by the Secretary,

23 after consideration of recommendations by the chair24 person of the Boston Redevelopment Authority, to

25 represent the Boston Redevelopment Authority;
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1 (8) 1 individual appointed by the Secretary,

2 after consideration of recommendations by the presi3 dent of the Thompson Island Outward Bound Edu4 cation Center, to represent the Center Thompson Is5 land Outward Bound Education;

6 (9) 1 individual appointed by the Secretary,

7 after consideration of recommendations by the chair8 person of The Trustees of Reservations, to represent

9 The Trustees of Reservations;

10 (10) 1 individual appointed by the Secretary,

11 after consideration of recommendations of the presi12 dent of the Island Alliance, to represent the Island

13 Alliance, a nonprofit organization the sole purpose of

14 which is to provide financial support for the recre15 ation area; and

16 (11) 2 individuals appointed by the Secretary to

17 represent the advisory council.

18 (c) TERMS OF OFFICE; REAPPOINTMENT.—

19 (1) IN GENERAL.—Each member of the Part20 nership shall appointed for a term of 3 years.

21 (2) REAPPOINTMENT.—Any member may be

22 reappointed for 1 additional 3-year term.

23 (3) INITIAL MEMBERS.—The Secretary shall

24 appoint the first members of the Partnership not

25 later than 30 days after the date on which the Sec-
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1 retary has received all of the recommendations for

2 appointment under paragraphs (3) through (10) of

3 subsection (b).

4 (4) EXTENDED SERVICE.—A member of the

5 Partnership may serve after the expiration of the

6 member’s term until a successor has been appointed.

7 (d) COMPENSATION.—A member of the Partnership

8 shall serve without pay, but while away from the member’s

9 home or regular place of business in the performance of

10 services for the Partnership, a member shall be allowed

11 travel expenses, including per diem in lieu of subsistence,

12 in the same manner as a person employed intermittently

13 in the Government service is allowed expenses under sec14 tion 5703 of title 5, United States Code.

15 (e) ELECTION OF OFFICERS.—

16 (1) IN GENERAL.—The Partnership shall elect

17 1 of its members as Chairperson and 1 as Vice

18 Chairperson.

19 (2) TERMS.—The term of office of the Chair20 person and Vice Chairperson shall each be 1 year.

21 (3) ABSENCE OF CHAIRPERSON.—The Vice

22 Chairperson shall serve as chairperson in the ab23 sence of the Chairperson.
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1 (f) VACANCY.—A vacancy in the Partnership shall be

2 filled in the same manner in which the original appoint3 ment was made.

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

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

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

7 constitute a quorum.

8 (i) STAFFING.—

9 (1) PROVISION BY THE SECRETARY.—The Sec10 retary shall provide the Partnership with such staff

11 and technical assistance as the Secretary, after con12 sultation with the Partnership, considers appropriate

13 to enable the Partnership to carry out its duties.

14 (2) PERSONNEL ON DETAIL.—To assist the

15 Partnership, the Secretary may accept the services

16 of personnel detailed from the Commonwealth of

17 Massachusetts, a political subdivision of the Com18 monwealth, or an entity represented in the Partner19 ship.

20 (j) NATURE OF PARTNERSHIP.—The members of the

21 Partnership and the entities represented in the Partner22 ship shall not be treated as partners in a legal sense.

23 SEC. 6. POWERS OF THE PARTNERSHIP.

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

25 hearings, sit and act at such times and places, take such
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1 testimony, and receive such evidence as the Partnership

2 considers appropriate.

3 (b) DONATIONS.—Notwithstanding any other provi4 sion of law, the Partnership may seek and accept dona5 tions of funds, property, or services from individuals, foun6 dations, corporations, and other private and public entities

7 for the purpose of carrying out this Act.

8 (c) USE OF FUNDS TO OBTAIN MONEY.—The Part9 nership may use its funds to obtain money from any

10 source under any program or law requiring the recipient

11 of the money to make a contribution in order to receive

12 the money.

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

14 States mails in the same manner and on the same condi15 tions as other departments and agencies of the United

16 States.

17 (e) ACQUISITION OF PROPERTY.—The Partnership

18 may acquire by purchase, rental, donation, or otherwise,

19 such property, facilities, and services as may be needed

20 to carry out its duties, except that the Partnership may

21 not acquire any real property or interest in real property.

22 (f) COOPERATIVE AGREEMENTS.—For purposes of

23 carrying out the management plan, the Partnership may

24 enter into cooperative agreements with the Commonwealth
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1 of Massachusetts, a political subdivision of the Common2 wealth, or a private person or organization.

3 SEC. 7. INTEGRATED RESOURCE MANAGEMENT PLAN.

4 (a) IN GENERAL.—Not later than 3 years after the

5 date of enactment of this Act, the Partnership shall de6 velop and submit to the Secretary a management plan for

7 the recreation area to be implemented by the Partnership.

8 (b) CONTENTS.—The management plan shall in9 clude—

10 (1) a program providing for coordinated admin11 istration of the recreation area with proposed assign12 ment of responsibilities to the appropriate govern13 mental unit at the Federal, State, and local levels,

14 and nonprofit organizations, including—

15 (A) a program to finance and support the

16 public improvements and services recommended

17 in the plan, including allocation of the non-Fed18 eral matching requirement in accordance with

19 section 9 and a delineation of private sector

20 roles and responsibilities; and

21 (B) a program for the coordination and

22 consolidation, to the extent feasible, of activities

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

24 local agencies having jurisdiction over lands and
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1 waters in the recreation area, including plan2 ning and regulatory responsibilities;

3 (2) policies and programs for—

4 (A) enhancing public outdoor recreational

5 opportunities in the recreation area;

6 (B) conserving, protecting, and maintain7 ing the scenic, historical, cultural, natural, and

8 scientific values of the recreation area;

9 (C) developing educational opportunities in

10 the recreation area;

11 (D) enhancing public access to the Boston

12 Harbor Islands, including development of trans13 portation networks; and

14 (E) identifying potential sources of revenue

15 from programs or activities carried out within

16 the recreation area; and

17 (3) a policy statement that recognizes economic

18 activities in the recreation area being conducted on

19 the date of enactment of this Act.

20 (c) DEVELOPMENT.—In developing the management

21 plan, the Partnership shall—

22 (1) consult on a regular basis with appropriate

23 officials of any local government or Federal or State

24 agency that has jurisdiction over lands and waters in

25 the recreation area;
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1 (2) consult with interested conservation, busi2 ness, professional, and citizen organizations; and

3 (3) conduct public hearings or meetings for the

4 purposes of providing interested persons with the op5 portunity to testify with respect to matters to be ad6 dressed by the management plan.

7 (d) APPROVAL.—

8 (1) SUBMISSION TO GOVERNOR.—The Partner9 ship shall submit the management plan to the Gov10 ernor of Massachusetts for review.

11 (2) CONSIDERATION BY GOVERNOR.—The Gov12 ernor shall have 90 days in which to review and

13 make recommendations regarding the management

14 plan.

15 (3) SUBMISSION TO THE SECRETARY.—After

16 considering the Governor’s recommendations, the

17 Partnership shall submit the management plan to

18 the Secretary, who shall approve or disapprove the

19 plan not later than 90 days after submission.

20 (4) CONSIDERATIONS.—In reviewing the man21 agement plan, the Secretary shall consider—

22 (A) the adequacy of public participation;

23 (B) assurances of plan implementation

24 from State and local officials; and
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1 (C) the adequacy of regulatory and finan2 cial tools that are in place to implement the

3 plan.

4 (5) DISAPPROVAL.—

5 (A) NOTICE.—If the Secretary disapproves

6 the management plan, the Secretary shall notify

7 the Partnership in writing of the reasons for

8 the disapproval and make recommendations for

9 revision.

10 (B) RESUBMISSION.—Not later than 90

11 days after receipt of a notice of disapproval, the

12 Partnership shall revise and resubmit the man13 agement plan to the Secretary, who shall ap14 prove or disapprove the revised management

15 plan within 60 days after submission.

16 (e) INTERIM PROGRAM.—Prior to approval of the

17 management plan, the Secretary and the Partnership shall

18 assist the owners and managers of lands and waters in

19 the recreation area to ensure that existing programs, serv20 ices, and activities that promote the purposes of this Act

21 are supported.

22 SEC. 8. BOSTON HARBOR ISLANDS ADVISORY COUNCIL.

23 (a) ESTABLISHMENT.—The Secretary, acting

24 through the Director of the National Park Service, shall
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1 establish an advisory committee to be known as the ‘‘Bos2 ton Harbor Islands Advisory Council’’.

3 (b) PURPOSES.—The purposes of the advisory council

4 shall be—

5 (1) to represent various groups with interests in

6 the recreation area; and

7 (2) to make recommendations to the Partner8 ship on issues related to the development and imple9 mentation of the management plan.

10 (c) MEMBERSHIP.—

11 (1) IN GENERAL.—The advisory council shall

12 consist of not fewer than 15 individuals, to be ap13 pointed by the Secretary, acting through the Direc14 tor of the National Park Service.

15 (2) REPRESENTATION.—The Secretary shall

16 appoint no fewer than 3 individuals to represent

17 each of the following categories of entities:

18 (A) Municipalities.

19 (B) Educational and cultural institutions.

20 (C) Environmental organizations.

21 (D) Business and commercial entities, in22 cluding those related to transportation, tourism,

23 and the maritime industry.

24 (E) Boston Harbor-related advocacy orga25 nizations.
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1 (d) COMMITTEES.—

2 (1) IN GENERAL.—The advisory council shall be

3 encouraged to establish committees relating to spe4 cific recreation area management issues, including

5 education, tourism, transportation, natural re6 sources, cultural and historical resources, and reve7 nue raising.

8 (2) PARTICIPATION.—Participation on a com9 mittee under paragraph (1) shall not be limited to

10 members of the advisory council.

11 (e) MEETINGS.—Meetings of the advisory council and

12 committees established by the advisory council shall be

13 open to the public.

14 (f) FACA.—Section 14 of the Federal Advisory Com15 mittee Act (5 U.S.C. App.) shall not apply to the advisory

16 council.

17 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—There are authorized to be appro19 priated such sums as are necessary to carry out this Act.

20 (b) MATCHING REQUIREMENT.—

21 (1) IN GENERAL.—Amounts appropriated to

22 carry out this Act for any fiscal year may be ex23 pended only on a matching basis in a ratio of at

24 least 3 non-Federal dollars to each Federal dollar.
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1 (2) FORM.—The non-Federal share of the

2 match may be in the form of cash, services, or in3 kind contributions, fairly valued.

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