[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2763 Introduced in House (IH)]







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 Representatives 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 international significance; 
        the Boston metropolitan region plays a leadership role in the 
        areas of higher education, 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, recreational 
        opportunities, and natural and cultural resource 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 sustained influence and 
        significance in New England and the Nation;
            (5) years of neglect and overuse of Boston Harbor resulted 
        in a serious decline in its water quality; a major cleanup 
        effort is fostering the Harbor's renewal and revitalization, 
        making it once again a focal point for the city and region;
            (6) the Boston Harbor Islands support invaluable natural 
        resources, rare in urban settings, including fresh and salt 
        water marshes, dunes, woodlands, 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 colonial era to the Cold War;
            (8) Boston Harbor and its islands contain important 
        archaeological sites and underwater archaeological resources 
        which chronicle the use and settlement 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 attempts to deal with urban 
        problems and to protect the ecological health of the Harbor;
            (10) the Boston Harbor Islands offer opportunities 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 outstanding natural, 
        historic, scenic, recreational, and educational values, and 
        there is a national interest in protecting and preserving these 
        values for residents 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 Harbor Islands National 
        Recreation Area;
            (2) to manage the recreation area in partnership with the 
        private sector, the Commonwealth of Massachusetts, 
        municipalities surrounding Massachusetts 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 Islands through 
        the use of public water transportation.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``recreation area'' means the Boston Harbor 
        Islands National Recreation Area established 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 Massachusetts Bay, there is established 
as a unit of the National 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 generally depicted on the map 
entitled ``Proposed Boston Harbor Islands NRA'', numbered BOHA 80001, 
and dated August 1995. Such map shall be on file and available 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 Committee 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 publication 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 Island, Fan Pier, John F. Kennedy 
        Library, and the Custom House; Charlestown Navy Yard; old 
        Northern 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 administered by the 
Secretary in accordance with this Act. Only those lands within the 
recreation area under the ownership of the Secretary shall be 
administered in accordance with the provisions of law generally 
applicable to units of the National Park System, including the Act 
entitled ``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 
regulations within the recreation area, including those relating to 
fish and wildlife, or to tax persons, corporations, franchises, or 
private property on the lands and waters included 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, management, and provision of educational and 
recreational uses for the properties in the recreation area.
    (d) Acquisition of Real and Personal Property and Services.--The 
Secretary may acquire by donation, exchange, lease or purchase with 
donated or appropriated funds personal property and lands and 
improvements in the recreation area, for the purposes of the recreation 
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 Boston-Logan International 
Airport.--With respect to the recreation area, the present and future 
maintenance, operation, improvement and use of Boston-Logan 
International 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 management 
plan for the recreation area.
    (b) Membership.--The Partnership shall be composed 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 Secretary, after 
        consideration of recommendations by the Governor of 
        Massachusetts, to represent the Department 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 Authority.
            (5) One individual, appointed by the Secretary, after 
        consideration of recommendations by the Chair, to represent the 
        Massachusetts Water Resources Authority.
            (6) One individual, appointed by the Secretary, after 
        consideration of recommendations by the Mayor of Boston, to 
        represent the Office of Environmental 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 Authority.
            (8) One individual, appointed by the Secretary, after 
        consideration of recommendations of the President of the 
        Thompson Island Outward Bound Education 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 Secretary, after 
        consideration of recommendations of the President of the Island 
        Alliance, to represent the Alliance, a non-profit organization 
        whose sole purpose is to provide financial support for the 
        Boston Harbor Islands National Recreation Area.
            (11) Two individuals, appointed by the Secretary, to 
        represent the Boston Harbor Islands Advisory Council, 
        established in section 8.
    (c) Terms of Office; Reappointment.--(1) Members 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 expenses, 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 
Chairperson.
    (f) Vacancy.--Any vacancy on the Partnership shall be filled in the 
same manner in which the original appointment 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 Partnership to carry out its duties. The Secretary may 
accept the services of personnel detailed from the Commonwealth of 
Massachusetts, any political subdivision of the Commonwealth 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 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 Act.
    (c) Use of Funds To Obtain Money.--The Partnership 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 conditions 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 Partnership may enter into cooperative 
agreements with the Commonwealth 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 administration of 
        the recreation area with proposed assignment of 
        responsibilities to the appropriate governmental 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 public 
                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 responsibilities.
                    (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 purposes:
                    (A) Enhancing public outdoor recreational 
                opportunities in the recreation area.
                    (B) Conserving, protecting and maintaining 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 Islands, 
                including development of transportation networks.
                    (E) Identifying potential sources of revenue 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, business, 
        professional, and citizen organizations; and
            (3) conduct public hearings or meetings for the purposes of 
        providing interested persons with the opportunity to testify 
        with respect to matters to be addressed by the plan.
    (d) Approval of Plan.--(1) The Partnership shall submit the plan to 
the Governor of Massachusetts for review. 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 Secretary shall, 
within 60 days after the date of such disapproval, 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 
programs, 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 Boston Harbor Islands Advisory Council. The purpose of the 
Advisory Council shall be to represent various groups with interests in 
the recreation area and make recommendations to the Boston Harbor 
Islands Partnership on issues related to the development and 
implementation of the integrated resource management plan developed 
under section 7. The Advisory Council is encouraged to establish 
committees relating to specific recreation area management issues, 
including (but not limited to) education, tourism, transportation, 
natural resources, cultural and historic resources, 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 consist 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 
categories of entities: municipalities; educational and cultural 
institutions; environmental organizations; business and commercial 
entities, including those related to transportation, 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 Federal 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 appropriated such sums 
as may be necessary to carry out this Act.
    (b) Matching Requirement.--Amounts appropriated 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