[Senate Report 110-293]
[From the U.S. Government Publishing Office]
Calendar No. 645
110th Congress Report
SENATE
2d Session 110-293
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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.
* * * * * * *