[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1476 Introduced in Senate (IS)]







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.

    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.--Congress finds that--
            (1) Boston is the economic and cultural center of New 
        England and a city of national and international significance;
            (2) the Boston metropolitan region plays a leadership role 
        in the areas of higher education, technology, health care, 
        transportation, and national and international trade;
            (3) Boston and the immediate region contain some of the 
        oldest, most valuable, and most visited historic sites in the 
        Nation, dating from precolonial times;
            (4) 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;
            (5) Boston Harbor has been a major factor in shaping 
        Boston's growth, development, and sustained influence and 
        significance in New England and the Nation;
            (6) years of neglect and overuse of Boston Harbor resulted 
        in a serious decline in its water quality, but a major cleanup 
        effort is fostering the Harbor's renewal and revitalization, 
        making the Harbor once again a focal point for the city and 
        region;
            (7) the Boston Harbor Islands support invaluable natural 
        resources, rare in urban settings, that include fresh and salt 
        water marshes, dunes, woodlands, ledges and cliffs, and habitat 
        for wildlife and numerous bird species;
            (8) Boston Harbor and its islands, containing many 
        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;
            (9) Boston Harbor and its islands contain important 
        archaeological sites and underwater archaeological resources 
        that chronicle the use and settlement of the Harbor by Native 
        Americans from at least 9,000 years ago until the 17th century;
            (10) the Boston Harbor Islands offer abundant opportunities 
        for public education on the attempts of society to deal with 
        urban problems and to protect the ecological health of the 
        Harbor;
            (11) the Boston Harbor Islands offer opportunities for 
        recreation, education, and public use and enjoyment in a 
        maritime setting that is in close proximity to a large urban 
        population;
            (12) 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;
            (13) the Boston Harbor Islands possess outstanding natural, 
        historical, scenic, recreational, and educational values, and 
        there is a national interest in protecting and preserving those 
        values for residents and visitors of the area; and
            (14) a partnership among Federal, State, and local 
        governments and nonprofit organizations offers the best 
        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 Bay and Cape Cod Bay, 
        the Thompson Island Outward Bound Education Center, and The 
        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.

    In this Act:
            (1) Advisory council.--The term ``advisory council'' means 
        the Boston Harbor Islands Advisory Council established under 
        section 8.
            (2) Management plan.--The term ``management plan'' means 
        the management plan for the recreation area approved under 
        section 7.
            (3) Partnership.--The term ``Partnership'' means the Boston 
        Harbor Islands Partnership established by section 5.
            (4) Recreation area.--The term ``recreation area'' means 
        the Boston Harbor Islands National Recreation Area established 
        by section 3.
            (5) Secretary.--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) In general.--The recreation area shall--
                    (A) 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; and
                    (B) include landside points required for access, 
                visitor services, and administration--
                            (i) in the city of Boston along the 
                        Harborwalk and at Long Wharf, Castle Island, 
                        Fan Pier, the John F. Kennedy Library, and the 
                        Custom House;
                            (ii) at Charlestown Navy Yard;
                            (iii) at the old Northern Avenue Bridge;
                            (iv) in the city of Quincy at Squantum 
                        Point/Marina Bay, the Fore River Shipyard, and 
                        Town River;
                            (v) in the town of Hingham at Hewitt's 
                        Cove;
                            (vi) in the town of Hull;
                            (vii) in the city of Salem at Salem 
                        National Historic Site; and
                            (viii) in the city of Lynn at Heritage 
                        State Park.
            (2) Public availability of map.--The map described in 
        paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the National Park 
        Service.
            (3) Minor revisions.--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 to the boundaries of the 
        recreation area by publication of a revised drawing or other 
        boundary description in the Federal Register.

SEC. 4. ADMINISTRATION OF RECREATION AREA.

    (a) In General.--The recreation area shall be administered by the 
Secretary in accordance with this Act.
    (b) Federal Land.--The land in the recreation area that is owned by 
the United States, acting through the Secretary, shall be administered 
in accordance with the 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, chapter 408; 16 U.S.C. 1 et seq.), and the Act of 
August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.).
    (c) State and Local Jurisdiction.--Nothing in this Act diminishes, 
enlarges, or modifies any right of the Commonwealth of Massachusetts or 
any political subdivision of the Commonwealth to exercise civil and 
criminal jurisdiction or to carry out State laws in the recreation 
area, including laws relating to fish and wildlife and laws relating to 
the taxation of persons or property in the recreation area.
    (d) 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.
    (e) Acquisition of Real and Personal Property and Services.--
            (1) In general.--The Secretary may acquire for purposes of 
        the recreation area, by donation, exchange, or lease or 
        purchase with donated or appropriated funds, personal property 
        and lands and improvements in the recreation area.
            (2) Limitation.--The Secretary may not acquire an interest 
        in real property in the recreation area without the consent of 
        the owner.
    (f) Other Property, Funds, and Services.--The Secretary may accept 
and use donated funds, property, and services to carry out this Act.
    (g) Relationship of Recreation Area to Boston-Logan International 
Airport.--With respect to the recreation area, the maintenance, 
operation, improvement, and use of Logan International Airport and 
associated flight patterns from time to time in effect shall not be 
considered 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, or 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 established in the executive branch 
the Boston Harbor Islands Partnership, the purpose of which 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, 
including--
            (1) 1 individual appointed by the Secretary to represent 
        the National Park Service;
            (2) 1 individual appointed by the Secretary of 
        Transportation to represent the United States Coast Guard;
            (3) 2 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) 1 individual appointed by the Secretary, after 
        consideration of recommendations by the chairperson of the 
        Massachusetts Port Authority, to represent the Massachusetts 
        Port Authority;
            (5) 1 individual appointed by the Secretary, after 
        consideration of recommendations by the chairperson of the 
        Massachusetts Water Resources Authority, to represent the 
        Massachusetts Water Resources Authority;
            (6) 1 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) 1 individual appointed by the Secretary, after 
        consideration of recommendations by the chairperson of the 
        Boston Redevelopment Authority, to represent the Boston 
        Redevelopment Authority;
            (8) 1 individual appointed by the Secretary, after 
        consideration of recommendations by the president of the 
        Thompson Island Outward Bound Education Center, to represent 
        the Center Thompson Island Outward Bound Education;
            (9) 1 individual appointed by the Secretary, after 
        consideration of recommendations by the chairperson of The 
        Trustees of Reservations, to represent The Trustees of 
        Reservations;
            (10) 1 individual appointed by the Secretary, after 
        consideration of recommendations of the president of the Island 
        Alliance, to represent the Island Alliance, a nonprofit 
        organization the sole purpose of which is to provide financial 
        support for the recreation area; and
            (11) 2 individuals appointed by the Secretary to represent 
        the advisory council.
    (c) Terms of Office; Reappointment.--
            (1) In general.--Each member of the Partnership shall 
        appointed for a term of 3 years.
            (2) Reappointment.--Any member may be reappointed for 1 
        additional 3-year term.
            (3) Initial members.--The Secretary shall appoint the first 
        members of the Partnership not later than 30 days after the 
        date on which the Secretary has received all of the 
        recommendations for appointment under paragraphs (3) through 
        (10) of subsection (b).
            (4) Extended service.--A member of the Partnership may 
        serve after the expiration of the member's term until a 
        successor has been appointed.
    (d) Compensation.--A member of the Partnership shall serve without 
pay, but while away from the member's home or regular place of business 
in the performance of services for the Partnership, a member shall be 
allowed travel expenses, including per diem in lieu of subsistence, in 
the same manner as a person employed intermittently in the Government 
service is allowed expenses under section 5703 of title 5, United 
States Code.
    (e) Election of Officers.--
            (1) In general.--The Partnership shall elect 1 of its 
        members as Chairperson and 1 as Vice Chairperson.
            (2) Terms.--The term of office of the Chairperson and Vice 
        Chairperson shall each be 1 year.
            (3) Absence of chairperson.--The Vice Chairperson shall 
        serve as chairperson in the absence of the Chairperson.
    (f) Vacancy.--A vacancy in 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) Staffing.--
            (1) Provision by the secretary.--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.
            (2) Personnel on detail.--To assist the Partnership, the 
        Secretary may accept the services of personnel detailed from 
        the Commonwealth of Massachusetts, a political subdivision of 
        the Commonwealth, or an entity represented in the Partnership.
    (j) Nature of Partnership.--The members of the Partnership and the 
entities represented in the Partnership shall not be treated as 
partners in a legal sense.

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 considers 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 the money to make a contribution in order to 
receive the money.
    (d) Mails.--The Partnership may use the United States mails in the 
same manner and on the same conditions as other departments and 
agencies of the United States.
    (e) Acquisition of Property.--The Partnership may acquire 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 
management plan, the Partnership may enter into cooperative agreements 
with the Commonwealth of Massachusetts, a political subdivision of the 
Commonwealth, or a private person or organization.

SEC. 7. INTEGRATED RESOURCE MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Partnership shall develop and submit to the Secretary 
a management plan for the recreation area to be implemented by the 
Partnership.
    (b) Contents.--The management plan shall include--
            (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 nonprofit organizations, 
        including--
                    (A) a program to finance and support the public 
                improvements and services recommended in the plan, 
                including allocation of the non-Federal matching 
                requirement in accordance with section 9 and a 
                delineation of private sector roles and 
                responsibilities; and
                    (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 lands and waters in 
                the recreation area, including planning and regulatory 
                responsibilities;
            (2) policies and programs for--
                    (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 recreation area;
                    (C) developing educational opportunities in the 
                recreation area;
                    (D) enhancing public access to the Boston Harbor 
                Islands, including development of transportation 
                networks; and
                    (E) identifying potential sources of revenue from 
                programs or activities carried out within the 
                recreation area; and
            (3) a policy statement that recognizes economic activities 
        in the recreation area being conducted on the date of enactment 
        of this Act.
    (c) Development.--In developing the management plan, the 
Partnership shall--
            (1) consult on a regular basis with appropriate officials 
        of any local government or Federal or State agency that has 
        jurisdiction over lands and waters in 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 management plan.
    (d) Approval.--
            (1) Submission to governor.--The Partnership shall submit 
        the management plan to the Governor of Massachusetts for 
        review.
            (2) Consideration by governor.--The Governor shall have 90 
        days in which to review and make recommendations regarding the 
        management plan.
            (3) Submission to the secretary.--After considering the 
        Governor's recommendations, the Partnership shall submit the 
        management plan to the Secretary, who shall approve or 
        disapprove the plan not later than 90 days after submission.
            (4) Considerations.--In reviewing the management plan, the 
        Secretary shall consider--
                    (A) the adequacy of public participation;
                    (B) assurances of plan implementation from State 
                and local officials; and
                    (C) the adequacy of regulatory and financial tools 
                that are in place to implement the plan.
            (5) Disapproval.--
                    (A) Notice.--If the Secretary disapproves the 
                management plan, the Secretary shall notify the 
                Partnership in writing of the reasons for the 
                disapproval and make recommendations for revision.
                    (B) Resubmission.--Not later than 90 days after 
                receipt of a notice of disapproval, the Partnership 
                shall revise and resubmit the management plan to the 
                Secretary, who shall approve or disapprove the revised 
                management plan within 60 days after submission.
    (e) Interim Program.--Prior to approval of the management plan, the 
Secretary and the Partnership shall assist the owners and managers of 
lands and waters in 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''.
    (b) Purposes.--The purposes of the advisory council shall be--
            (1) to represent various groups with interests in the 
        recreation area; and
            (2) to make recommendations to the Partnership on issues 
        related to the development and implementation of the management 
        plan.
    (c) Membership.--
            (1) In general.--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.
            (2) Representation.--The Secretary shall appoint no fewer 
        than 3 individuals to represent each of the following 
        categories of entities:
                    (A) Municipalities.
                    (B) Educational and cultural institutions.
                    (C) Environmental organizations.
                    (D) Business and commercial entities, including 
                those related to transportation, tourism, and the 
                maritime industry.
                    (E) Boston Harbor-related advocacy organizations.
    (d) Committees.--
            (1) In general.--The advisory council shall be encouraged 
        to establish committees relating to specific recreation area 
        management issues, including education, tourism, 
        transportation, natural resources, cultural and historical 
        resources, and revenue raising.
            (2) Participation.--Participation on a committee under 
        paragraph (1) shall not be limited to members of the advisory 
        council.
    (e) Meetings.--Meetings of the advisory council and committees 
established by the advisory council shall be open to the public.
    (f) FACA.--Section 14 of the Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the advisory council.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this Act.
    (b) Matching Requirement.--
            (1) In general.--Amounts appropriated to carry out this Act 
        for any fiscal year may be expended only on a matching basis in 
        a ratio of at least 3 non-Federal dollars to each Federal 
        dollar.
            (2) Form.--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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