[Senate Report 110-293]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 645
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-293

======================================================================
 
 BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA COOPERATIVE AGREEMENTS 
                                  ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1365]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1365) 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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 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.''.

SEC. 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''.

                                Purpose

    The purpose of S. 1365 is 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.

                          Background and Need

    The Boston Harbor Islands National Recreation Area includes 
30 islands within Boston Harbor, all located within 10 miles or 
less of downtown Boston. Unlike most park units, the National 
Park Service does not own any of the islands within the 
boundary of the recreation area.
    S. 1365 would authorize the National Park Service to enter 
into cooperative management agreements with any of the 
management partners represented on the Boston Harbor Islands 
Partnership (Partnership), a federal operating committee. The 
purpose of the Partnership is 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 (also known as the General Management Plan) for 
the recreation area. The National Park Service administers the 
recreation area in partnership with the Commonwealth of 
Massachusetts, the City of Boston and its applicable 
subdivisions, and others entities, including three non-profit 
agencies that are represented on the Partnership, as stipulated 
in the authorizing legislation for the recreation area.
    Under existing law, the Secretary of the Interior is not 
authorized to enter into cooperative management agreements with 
the three non-profit agencies that are represented on the 
Partnership. S. 1365 authorizes the Secretary to consult with 
and enter into cooperative management agreements with all 
entities represented on the Partnership. In addition, the bill 
expands the scope of cooperative agreements to include the 
construction of recreation facilities.

                          Legislative History

    S. 1365 was introduced by Senators Kerry and Kennedy on May 
10, 2007. The Subcommittee on National Parks held a hearing on 
it on November 8, 2007. (S. Hrg. 110-282.) The Committee on 
Energy and Natural Resources ordered it favorably reported with 
an amendment in the nature of a substitute on January 30, 2008. 
Similar legislation, S. 2669, was introduced by Senators Kerry 
and Kennedy in the 109th Congress, but no action was taken on 
it.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1365, if 
amended as described herein.

                          Committee Amendment

    During consideration of S. 1365, the Committee adopted an 
amendment in the nature of a substitute. The amendment, 
recommended by the National Park Service, makes a number of 
technical modifications and eliminates a broad provision in the 
bill that would have authorized the Secretary to enter into 
cooperative agreements for any purpose that is consistent with 
the purposes for which the recreation area was first 
established.

                      Section-by-Section Analysis

    Section 1 amends section 1029(d) of the Omnibus Parks and 
Public Lands Management Act of 1996 to authorize the Secretary 
to enter into cooperative agreements with any entity that is a 
member of the Boston Harbor Islands Partnership. In addition, 
the bill expands the current scope of the cooperative 
agreements to include construction of recreation area 
facilities on land owned by an eligible entity for purposes 
consistent with the relevant management plan. Finally, S. 1365 
states that a cooperative agreement may only be entered into if 
the Secretary determines that appropriations for carrying out 
the agreement are available and the agreement is in the best 
interest of the United States.
    Section 2 makes technical corrections to section 1029(e) of 
the Omnibus Parks and Public Lands Management Act of 1996.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1365--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

    S. 1365 would authorize the Secretary of the Interior to 
enter into cooperative agreements with members of the Boston 
Harbor Islands Partnership for the management of land and the 
construction of facilities within the Boston Harbor Islands 
National Recreation Area. Under current law, the Secretary may 
enter into such agreements with the Commonwealth of 
Massachusetts and local governments. The bill would extend this 
authority to include nonprofit organizations that are members 
of the Boston Harbor Islands Partnership. Those organizations 
currently participate in the management of the recreation area 
(and receive indirect federal assistance through agreements 
with other members of the Boston Harbor Islands Partnership) 
but do not receive grants directly from the department.
    CBO estimates that implementing S. 1365 would have no 
significant cost to the federal government. Enacting this 
legislation would not affect direct spending or revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Daniel Hoople. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1365. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1365, as ordered reported.

                   Congressionally Directed Spending

    S. 1365, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications


    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee to present the views of the Department of 
the Interior on S. 1365, 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.
    The Department has concerns with the bill as written. The 
Department is particularly concerned about the use of 
cooperative agreements for construction of park facilities by 
non-Federal partners using appropriated funds. We would like to 
follow up with written comments on how this bill could be 
modified to address the needs of the park and its partners 
while ensuring the appropriate use of Federal funds.
    This bill would change the authorizing legislation for the 
Boston Harbor Islands National Recreation Area. Section 1029 of 
Public Law 104-333 authorized the Secretary to enter into 
cooperative agreements with the Commonwealth of Massachusetts 
or its political subdivisions to implement the management plan 
for the national recreation area. The law did not authorize 
cooperative agreements with the non-profit organizations, named 
within the Act, that administer the Boston Harbor Islands in 
partnership with the Secretary through the Boston Harbor 
Islands Partnership (Partnership) established in section (e) of 
the Act. S. 1365 would explicitly permit the Secretary to enter 
into cooperative management agreements with the three non-
profit organizations named in section (e)(2) of the Act: The 
Island Alliance, The Trustees of Reservations, and the Thompson 
Island Outward Bound Education Center. This authority would 
allow the Secretary to contract with these non-profit 
organizations for any goods or services needed in the 
administration of the recreation area.
    Authorized in 1996, the Boston Harbor Islands National 
Recreation Area includes 30 islands within Boston Harbor, all 
located within 10 miles or less of downtown Boston. Unlike most 
park units, the National Park Service does not own any of the 
islands within the boundary of the recreation area.
    The recreation area has proven itself a model of 
collaborative park management. The 13 entities named in the 
original legislation have endorsed an ambitious management plan 
and have realized many of its goals. Together they have spent 
$78.5 million to provide visitor services, rebuild island 
infrastructure and protect park resources, and $76.6 million to 
develop new parkland and facilities. Their combined park 
operating expenditures total $7.5 million annually. Federal 
dollars total less than one-quarter of park expenditures, with 
the rest coming from State and local government and private 
donations as required in the enabling legislation. We believe 
that we can find a solution that will allow us to work 
constructively with our partners and we intend to follow up 
with further suggestions for amending this legislation.
    Mr. Chairman, thank you for the opportunity to comment. 
This concludes my prepared remarks and I will be happy to 
answer any questions you or other committee members might have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1365 as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 104-333


AN ACT To provide for the administration of certain Presidio properties 
    at minimal cost to the Federal taxpayer, and for other purposes.

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

           *       *       *       *       *       *       *


SEC. 1029(D) ADMINISTRATION OF RECREATION AREA.--

           *       *       *       *       *       *       *


          [(3) Cooperative agreements.--The Secretary may 
        consult and enter into cooperative agreements with the 
        Commonwealth of Massachusetts or its political 
        subdivisions to acquire from and provide to the 
        Commonwealth or its political subdivisions goods and 
        services to be used in the cooperative management of 
        lands within the recreation area, if the Secretary 
        determines that appropriations for that purpose are 
        available and the agreement is in the best interest of 
        the United States.]
          (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.

           *       *       *       *       *       *       *


SEC. 1029(E) BOSTON HARBOR ISLANDS PARTNERSHIP ESTABLISHMENT.

           *       *       *       *       *       *       *


          (2) Membership.--The Partnership shall be composed of 
        13 members, as follows:
                  (A) One individual, appointed by the 
                Secretary, to represent the National Park 
                Service.
                  (B) One individual, appointed by the 
                Commandant of the [Coast Guard] Coast Guard.

           *       *       *       *       *       *       *

          (11) [Nothwithstanding] 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 section.

           *       *       *       *       *       *       *


                                  
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