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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) Boston is the economic and cultural center
of New England and a city of national and inter-
national significance; the Boston metropolitan region
plays a leadership role in the areas of higher edu-
cation, technology, health care, transportation, and
national and international trade;
(2) Boston and the immediate region contain
some of the oldest, most valuable, and most visited
historic sites in the Nation, dating from precolonial
times;
(3) factors such as open space, parks, rec-
reational opportunities, and natural and cultural re-
source preservation will help determine the region’s
success and long-term economic and social viability
into the 21st century;
(4) Boston Harbor has been a major factor in
shaping Boston’s growth, development, and sus-
tained influence and significance in New England
and the Nation;
(5) years of neglect and overuse of Boston Har-
bor resulted in a serious decline in its water quality;
a major cleanup effort is fostering the Harbor’s re-
newal and revitalization, making it once again a
focal point for the city and region;
(6) the Boston Harbor Islands support invalu-
able natural resources, rare in urban settings, in-
cluding fresh and salt water marshes, dunes, wood-
lands, ledges and cliffs, and habitat for wildlife and
numerous bird species;
(7) Boston Harbor and its islands, containing
numerous fortifications and other sites related to
coastal defense, played an important role in United
States military and maritime history from the colo-
nial era to the Cold War;
(8) Boston Harbor and its islands contain im-
portant archaeological sites and underwater archae-
ological resources which chronicle the use and settle-
ment of the Harbor by Native Americans from at
least 9,000 years ago until the 17th century;
(9) the Boston Harbor Islands offer abundant
opportunities for public education on society’s at-
tempts to deal with urban problems and to protect
the ecological health of the Harbor;
(10) the Boston Harbor Islands offer opportu-
nities for recreation, education, and public use and
enjoyment in a maritime setting that is within close
proximity to a large urban population;
(11) the Boston Harbor Islands are located in
a mixed use area, including an active commercial
seaport and the region’s busiest airport, the present
and future operation of which are essential for the
economic stability of the region;
(12) the Boston Harbor Islands possess out-
standing natural, historic, scenic, recreational, and
educational values, and there is a national interest
in protecting and preserving these values for resi-
dents and visitors of the area; and
(13) a partnership among Federal, State, and
local governments and nonprofit organizations offers
the most effective opportunity for the enhancement
and management of the Boston Harbor Islands.
(b) PURPOSES.—The purposes of this Act are—
(1) to preserve for public use and enjoyment
the lands and waters that comprise the Boston Har-
bor Islands National Recreation Area;
(2) to manage the recreation area in partner-
ship with the private sector, the Commonwealth of
Massachusetts, municipalities surrounding Massa-
chusetts and Cape Cod Bays, the Thompson Island
Outward Bound Education Center, and Trustees of
Reservations, and with historical, business, cultural,
civic, recreational and tourism organizations; and
(3) to improve access to the Boston Harbor Is-
lands through the use of public water transportation.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘recreation area’’ means the Bos-
ton Harbor Islands National Recreation Area estab-
lished by section 3.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 3. BOSTON HARBOR ISLANDS NATIONAL RECREATION
AREA.
(a) ESTABLISHMENT.—In order to preserve for the
benefit and inspiration of the people of the United States
as a national recreation area certain lands located in Mas-
sachusetts Bay, there is established as a unit of the Na-
tional Park System the Boston Harbor Islands National
Recreation Area.
(b) BOUNDARIES.—(1) The recreation area shall be
comprised of the lands, waters, and submerged lands gen-
erally depicted on the map entitled ‘‘Proposed Boston
Harbor Islands NRA’’, numbered BOHA 80001, and
dated August 1995. Such map shall be on file and avail-
able for public inspection in the appropriate offices of the
National Park Service. After advising the Committee on
Resources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate
in writing, the Secretary may make minor revisions of the
boundaries of the recreation area when necessary by publi-
cation of a revised drawing or other boundary description
in the Federal Register.
(2) The recreation area shall include the following:
(A) The areas depicted on the map referenced
in paragraph (1).
(B) Landside points required for access, visitor
services, and administration in the city of Boston
along its Harborwalk and at Long Wharf, Castle Is-
land, Fan Pier, John F. Kennedy Library, and the
Custom House; Charlestown Navy Yard; old North-
ern Avenue Bridge; the city of Quincy at Squantum
Point/Marina Bay, the Fore River Shipyard, and
Town River; the Town of Hingham at Hewitt’s
Cove; the Town of Hull; the city of Salem at Salem
National Historic Site; and the city of Lynn at the
Heritage State Park.
SEC. 4. ADMINISTRATION OF RECREATION AREA.
(a) IN GENERAL.—The recreation area shall be ad-
ministered by the Secretary in accordance with this Act.
Only those lands within the recreation area under the own-
ership of the Secretary shall be administered in accord-
ance with the provisions of law generally applicable to
units of the National Park System, including the Act enti-
tled ‘‘An Act to establish a National Park Service, and
for other purposes’’, approved August 25, 1916 (39 Stat.
535; 16 U.S.C. 1, 2, 3, and 4), and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461–467) as amended
and supplemented.
(b) STATE AND LOCAL JURISDICTION.—Nothing in
this Act shall be construed to diminish, enlarge, or modify
any right of the Commonwealth of Massachusetts or any
political subdivision thereof, to exercise civil and criminal
jurisdiction or to carry out State laws, rules, and regula-
tions within the recreation area, including those relating
to fish and wildlife, or to tax persons, corporations, fran-
chises, or private property on the lands and waters in-
cluded in the recreation area.
(c) COOPERATIVE
AGREEMENTS.—The Secretary
may consult and enter into cooperative agreements with
such persons or entities as the Secretary determines to
be appropriate for the preservation, interpretation, man-
agement, and provision of educational and recreational
uses for the properties in the recreation area.
(d) ACQUISITION OF REAL AND PERSONAL PROP-
ERTY AND SERVICES.—The Secretary may acquire by do-
nation, exchange, lease or purchase with donated or appro-
priated funds personal property and lands and improve-
ments in the recreation area, for the purposes of the recre-
ation area. The Secretary may not acquire any interest
in real property in the recreation area without the consent
of the owner.
(e) OTHER PROPERTY, FUNDS, AND SERVICES.—The
Secretary may accept and use donated funds, property,
and services to carry out this Act.
(f) RELATIONSHIP OF RECREATION AREA TO BOS-
TON-LOGAN INTERNATIONAL AIRPORT.—With respect to
the recreation area, the present and future maintenance,
operation, improvement and use of Boston-Logan Inter-
national Airport and associated flight patterns from time
to time in effect shall not be deemed to constitute the use
of publicly owned land of a public park, recreation area,
or other resource within the meaning of section 303(c) of
title 49, United States Code, and shall not be deemed to
have a significant effect on natural, scenic, and recreation
assets within the meaning of section 47101(h)(2) of title
49, United States Code.
SEC. 5. BOSTON HARBOR ISLANDS PARTNERSHIP.
(a) ESTABLISHMENT.—There is hereby established
the Boston Harbor Islands Partnership whose purpose
shall be to coordinate the activities of Federal, State, and
local authorities and the private sector in the development
and implementation of an integrated resource manage-
ment plan for the recreation area.
(b) MEMBERSHIP.—The Partnership shall be com-
posed of 13 members, as follows:
(1) One individual appointed by the Secretary,
to represent the National Park Service.
(2) One individual, appointed by the Secretary
of Transportation, to represent the United States
Coast Guard.
(3) Two individuals, appointed by the Sec-
retary, after consideration of recommendations by
the Governor of Massachusetts, to represent the De-
partment of Environmental Management and the
Metropolitan District Commission.
(4) One individual, appointed by the Secretary,
after consideration of recommendations by the
Chair, to represent the Massachusetts Port Author-
ity.
(5) One individual, appointed by the Secretary,
after consideration of recommendations by the
Chair, to represent the Massachusetts Water Re-
sources Authority.
(6) One individual, appointed by the Secretary,
after consideration of recommendations by the
Mayor of Boston, to represent the Office of Environ-
mental Services of the city of Boston.
(7) One individual, appointed by the Secretary,
after consideration of recommendations by the
Chair, to represent the Boston Redevelopment Au-
thority.
(8) One individual, appointed by the Secretary,
after consideration of recommendations of the Presi-
dent of the Thompson Island Outward Bound Edu-
cation Center, to represent the Center.
(9) One individual, appointed by the Secretary,
after consideration of recommendations of the Chair,
to represent the Trustees of Reservations.
(10) One individual, appointed by the Sec-
retary, after consideration of recommendations of
the President of the Island Alliance, to represent the
Alliance, a non-profit organization whose sole pur-
pose is to provide financial support for the Boston
Harbor Islands National Recreation Area.
(11) Two individuals, appointed by the Sec-
retary, to represent the Boston Harbor Islands Advi-
sory Council, established in section 8.
(c) TERMS OF OFFICE; REAPPOINTMENT.—(1) Mem-
bers of the Partnership shall serve for terms of three
years. Any member may be reappointed for one additional
three year term.
(2) The Secretary shall appoint the first members of
the Partnership within 30 days after the date on which
the Secretary has received all of the recommendations for
appointment pursuant to subsections (b) (3), (4), (5), (6),
(7), (8), (9), and (10).
(3) A member may serve after the expiration of his
or her term until a successor has been appointed.
(d) COMPENSATION.—Members of the Partnership
shall serve without pay, but while away from their homes
or regular places of business in the performance of services
for the Partnership, members shall be allowed travel ex-
penses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section
5703 of title 5, United States Code.
(e) ELECTION OF OFFICERS.—The Partnership shall
elect one of its members as Chairperson and one as Vice
Chairperson. The term of office of the Chairperson and
Vice Chairperson shall be one year. The Vice Chairperson
shall serve as chairperson in the absence of the Chair-
person.
(f) VACANCY.—Any vacancy on the Partnership shall
be filled in the same manner in which the original appoint-
ment was made.
(g) MEETINGS.—The Partnership shall meet at the
call of the Chairperson or a majority of its members.
(h) QUORUM.—A majority of the Partnership shall
constitute a quorum.
(i) STAFF OF THE PARTNERSHIP.—The Secretary
shall provide the Partnership with such staff and technical
assistance as the Secretary, after consultation with the
Partnership, considers appropriate to enable the Partner-
ship to carry out its duties. The Secretary may accept the
services of personnel detailed from the Commonwealth of
Massachusetts, any political subdivision of the Common-
wealth or any entity represented on the Partnership.
SEC. 6. POWERS OF THE PARTNERSHIP.
(a) HEARINGS.—The Partnership may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Partnership
may deem appropriate.
(b) DONATIONS.—Notwithstanding any other provi-
sion of law, the Partnership may seek and accept dona-
tions of funds, property, or services from individuals, foun-
dations, corporations, and other private and public entities
for the purpose of carrying out this Act.
(c) USE OF FUNDS TO OBTAIN MONEY.—The Part-
nership may use its funds to obtain money from any
source under any program or law requiring the recipient
of such money to make a contribution in order to receive
such money.
(d) MAILS.—The Partnership may use the United
States mails in the same manner and upon the same con-
ditions as other departments and agencies of the United
States.
(e) OBTAINING PROPERTY.—The Partnership may
obtain by purchase, rental, donation, or otherwise, such
property, facilities, and services as may be needed to carry
out its duties, except that the Partnership may not acquire
any real property or interest in real property.
(f) COOPERATIVE AGREEMENTS.—For purposes of
carrying out the plan described in section 7, the Partner-
ship may enter into cooperative agreements with the Com-
monwealth of Massachusetts, any political subdivision
thereof, or with any organization or person.
SEC. 7. INTEGRATED RESOURCE MANAGEMENT PLAN.
(a) IN GENERAL.—Within three years after the date
of enactment of this Act, the Partnership shall submit to
the Secretary a management plan for the recreation area
to be developed and implemented by the Partnership.
(b) CONTENTS OF PLAN.—The plan shall include
(but not be limited to) each of the following:
(1) A program providing for coordinated admin-
istration of the recreation area with proposed assign-
ment of responsibilities to the appropriate govern-
mental unit at the Federal, State, and local levels,
and non-profit organizations, including each of the
following:
(A) A plan to finance and support the pub-
lic improvements and services recommended in
the plan, including allocation of non-Federal
matching requirements set forth in section 9
and a delineation of private sector roles and re-
sponsibilities.
(B) A program for the coordination and
consolidation, to the extent feasible, of activities
that may be carried out by Federal, State, and
local agencies having jurisdiction over land and
waters within the recreation area, including
planning and regulatory responsibilities.
(2) Policies and programs for the following pur-
poses:
(A) Enhancing public outdoor recreational
opportunities in the recreation area.
(B) Conserving, protecting and maintain-
ing the scenic, historical, cultural, natural and
scientific values of the islands.
(C) Developing educational opportunities
in the recreation area.
(D) Enhancing public access to the Is-
lands, including development of transportation
networks.
(E) Identifying potential sources of reve-
nue from programs or activities carried out
within the recreation area.
(3) A policy statement that recognizes existing
economic activities within the recreation area.
(c) DEVELOPMENT
OF PLAN.—In developing the
plan, the Partnership shall—
(1) consult on a regular basis with appropriate
officials of any local government or Federal or State
agency which has jurisdiction over lands and waters
within the recreation area;
(2) consult with interested conservation, busi-
ness, professional, and citizen organizations; and
(3) conduct public hearings or meetings for the
purposes of providing interested persons with the op-
portunity to testify with respect to matters to be ad-
dressed by the plan.
(d) APPROVAL OF PLAN.—(1) The Partnership shall
submit the plan to the Governor of Massachusetts for re-
view. The Governor shall have 90 days to review and make
any recommendations. After considering the Governor’s
recommendations, the Partnership shall submit the plan
to the Secretary, who shall approve or disapprove the plan
within 90 days. In reviewing the plan the Secretary shall
consider each of the following:
(A) The adequacy of public participation.
(B) Assurances of plan implementation from
State and local officials.
(C) The adequacy of regulatory and financial
tools that are in place to implement the plan.
(2) If the Secretary disapproves the plan, the Sec-
retary shall, within 60 days after the date of such dis-
approval, advise the Partnership in writing of the reasons
therefor, together with recommendations for revision.
Within 90 days of receipt of such notice of disapproval,
the Partnership shall revise and resubmit the plan to the
Secretary who shall approve or disapprove the revision
within 60 days.
(e) INTERIM PROGRAM.—Prior to adoption of the
Partnership’s plan, the Secretary and the Partnership
shall assist the owners and managers of lands and waters
within the recreation area to ensure that existing pro-
grams, services, and activities that promote the purposes
of this Act are supported.
SEC. 8. BOSTON HARBOR ISLANDS ADVISORY COUNCIL.
(a) 
ESTABLISHMENT.—The 
Secretary, 
acting
through the Director of the National Park Service, shall
establish an advisory committee to be known as the Bos-
ton Harbor Islands Advisory Council. The purpose of the
Advisory Council shall be to represent various groups with
interests in the recreation area and make recommenda-
tions to the Boston Harbor Islands Partnership on issues
related to the development and implementation of the inte-
grated resource management plan developed under section
7. The Advisory Council is encouraged to establish com-
mittees relating to specific recreation area management is-
sues, including (but not limited to) education, tourism,
transportation, natural resources, cultural and historic re-
sources, and revenue raising activities. Participation on
any such committee shall not be limited to members of
the Advisory Council.
(b) MEMBERSHIP.—The Advisory Council shall con-
sist of not fewer than 15 individuals, to be appointed by
the Secretary, acting through the Director of the National
Park Service. The Secretary shall appoint no fewer than
three individuals to represent each of the following cat-
egories of entities: municipalities; educational and cultural
institutions; environmental organizations; business and
commercial entities, including those related to transpor-
tation, tourism and the maritime industry; and Boston
Harbor-related advocacy organizations.
(c) PROCEDURES.—Each meeting of the Advisory
Council and its committees shall be open to the public.
(d) FACA.—The provisions of section 14 of the Fed-
eral Advisory Committee Act (5 U.S.C. App.), are hereby
waived with respect to the Advisory Council.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated such sums as may be necessary to carry out this
Act.
(b) MATCHING
REQUIREMENT.—Amounts appro-
priated in any fiscal year to carry out this Act may only
be expended on a matching basis in a ratio of at least
three non-Federal dollars to every Federal dollar. The
non-Federal share of the match may be in the form of
cash, services, or in-kind contributions, fairly valued.
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HR 2763 IH——2