II 

Calendar No. 645 

110TH CONGRESS 

2D SESSION S. 1365 

[Report No. 110–293] 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2007 

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 

APRIL 10, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

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


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1 SECTION 1. COOPERATIVE AGREEMENTS FOR BOSTON 

2 HARBOR ISLANDS NATIONAL RECREATION 

3 AREA. 

4 Section 1029(d) of the Omnibus Parks and Public 

5 Lands Management Act of 1996 (16 U.S.C. 460kkk(d)) 

6 is amended by striking paragraph (3) and inserting the 

7 following: 

8 ‘‘(3) COOPERATIVE AGREEMENTS.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (C), the Secretary may consult and enter 

11 into 1 or more cooperative agreements with an 

12 eligible entity described in subparagraph (B) to 

13 acquire from and provide to the eligible entity 

14 goods and services for— 

15 ‘‘(i) the cooperative management of 

16 land within the recreation area; 

17 ‘‘(ii) the construction of recreation 

18 area facilities; or 

19 ‘‘(iii) any other purpose that is con20 sistent with the purposes described in sub21 section (a). 

22 ‘‘(B) ELIGIBLE ENTITIES.—For purposes 

23 of this subparagraph, an eligible entity is— 

24 ‘‘(i) the Commonwealth of Massachu25 setts; 


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1 ‘‘(ii) a political subdivision of the 

2 Commonwealth of Massachusetts; or 

3 ‘‘(iii) any partnership entity specified 

4 in subsection (e)(2). 

5 ‘‘(C) CONDITIONS.—A cooperative agree6 ment shall only be entered into under subpara7 graph (A) if the Secretary determines that— 

8 ‘‘(i) appropriations for carrying out 

9 the purposes of the cooperative agreement 

10 are available; and 

11 ‘‘(ii) the cooperative agreement is in 

12 the best interests of the United States.’’. 

13 SECTION 1. COOPERATIVE AGREEMENTS FOR BOSTON HAR14 BOR ISLANDS NATIONAL RECREATION AREA. 

15 Section 1029(d) of the Omnibus Parks and Public 

16 Lands Management Act of 1996 (16 U.S.C. 460kkk(d)) is 

17 amended by striking paragraph (3) and inserting the fol18 lowing: 

19 ‘‘(3) AGREEMENTS.— 

20 ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In 

21 this paragraph, the term ‘eligible entity’ 

22 means— 

23 ‘‘(i) the Commonwealth of Massachu24 setts; 


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1 ‘‘(ii) a political subdivision of the 

2 Commonwealth of Massachusetts; or 

3 ‘‘(iii) any other entity that is a mem4 ber of the Boston Harbor Islands Partner5 ship described in subsection (e)(2). 

6 ‘‘(B) AUTHORITY OF SECRETARY.—Subject 

7 to subparagraph (C), the Secretary may consult 

8 with an eligible entity on, and enter into with 

9 the eligible entity— 

10 ‘‘(i) a cooperative management agree11 ment to acquire from, and provide to, the 

12 eligible entity goods and services for the co13 operative management of land within the 

14 recreation area; and 

15 ‘‘(ii) notwithstanding section 6305 of 

16 title 31, United States Code, a cooperative 

17 agreement for the construction of recreation 

18 area facilities on land owned by an eligible 

19 entity for purposes consistent with the man20 agement plan under subsection (f). 

21 ‘‘(C) CONDITIONS.—The Secretary may 

22 enter into an agreement with an eligible entity 

23 under subparagraph (B) only if the Secretary 

24 determines that— 


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1 ‘‘(i) appropriations for carrying out 

2 the purposes of the agreement are available; 

3 and 

4 ‘‘(ii) the agreement is in the best inter5 ests of the United States.’’. 

6 SEC. 2. TECHNICAL AMENDMENTS. 

7 (a) MEMBERSHIP.—Section 1029(e)(2)(B) of the Om8 nibus Parks and Public Lands Management Act of 1996 

9 (16 U.S.C. 460kkk(e)(2)(B)) is amended by striking ‘‘Coast 

10 Guard’’ and inserting ‘‘Coast Guard.’’. 

11 (b) DONATIONS.—Section 1029(e)(11) of the Omnibus 

12 Parks and Public Lands Management Act of 1996 (16 

13 U.S.C. 460kkk(e)(11)) is amended by striking ‘‘Nothwith14 standing’’ and inserting ‘‘Notwithstanding’’. 


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Calendar No. 645 

110TH CONGRESS 

2D SESSION S. 1365 

[Report No. 110

–293] 

A BILL 

To amend the Omnibus Parks and Public Lands 

Recreation Area, and for other purposes. ners of the Boston Harbor Islands National agreements with any of the management partretary of the Interior to enter into cooperative Management Act of 1996 to authorize the SecAPRIL 10, 2008 

Reported with an amendment 


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