II Calendar No. 645 110th CONGRESS 2d Session S. 1365 [Report No. 110–293] 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.

Cooperative Agreements for Boston Harbor Islands National Recreation Area

Section 1029(d) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(d)) is amended by striking paragraph (3) and inserting the following: (3)

Cooperative Agreements

(A)

In general

Subject to subparagraph (C), the Secretary may consult and enter into 1 or more cooperative agreements with an eligible entity described in subparagraph (B) to acquire from and provide to the eligible entity goods and services for— (i)the cooperative management of land within the recreation area; (ii)the construction of recreation area facilities; or (iii)any other purpose that is consistent with the purposes described in subsection (a). (B)

Eligible entities

For purposes of this subparagraph, an eligible entity is— (i)the Commonwealth of Massachusetts; (ii)a political subdivision of the Commonwealth of Massachusetts; or (iii)any partnership entity specified in subsection (e)(2). (C)

Conditions

A cooperative agreement shall only be entered into under subparagraph (A) if the Secretary determines that— (i)appropriations for carrying out the purposes of the cooperative agreement are available; and (ii)the cooperative agreement is in the best interests of the United States. .

1.

Cooperative agreements for Boston Harbor Islands National Recreation Area

Section 1029(d) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(d)) is amended by striking paragraph (3) and inserting the following: (3)

Agreements

(A)

Definition of eligible entity

In this paragraph, the term eligible entity means— (i)the Commonwealth of Massachusetts; (ii)a political subdivision of the Commonwealth of Massachusetts; or (iii)any other entity that is a member of the Boston Harbor Islands Partnership described in subsection (e)(2). (B)

Authority of Secretary

Subject to subparagraph (C), the Secretary may consult with an eligible entity on, and enter into with the eligible entity— (i)a cooperative management agreement to acquire from, and provide to, the eligible entity goods and services for the cooperative management of land within the recreation area; and (ii)notwithstanding section 6305 of title 31, United States Code, a cooperative agreement for the construction of recreation area facilities on land owned by an eligible entity for purposes consistent with the management plan under subsection (f). (C)

Conditions

The Secretary may enter into an agreement with an eligible entity under subparagraph (B) only if the Secretary determines that— (i)appropriations for carrying out the purposes of the agreement are available; and (ii)the agreement is in the best interests of the United States. .

2.

Technical amendments

(a)

Membership

Section 1029(e)(2)(B) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by striking Coast Guard and inserting Coast Guard.. (b)

Donations

Section 1029(e)(11) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(e)(11)) is amended by striking Noth­with­standing and inserting Notwithstanding.

April 10, 2008 Reported with an amendment