HR 2763 IH
H. R. 2763
To establish the Boston Harbor Islands National Recreation Area, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
December 12, 1995
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
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.