§ 460kkk. — Boston Harbor Islands National Recreation Area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460kkk]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXII--BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA
Sec. 460kkk. Boston Harbor Islands National Recreation Area
(a) Purposes
The purposes of this section 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;
(3) to improve access to the Boston Harbor Islands through the
use of public water transportation; and
(4) to provide education and visitor information programs to
increase public understanding of and appreciation for the natural
and cultural resources of the Boston Harbor Islands, including the
history of Native American use and involvement.
(b) Definitions
For the purposes of this section--
(1) the term ``recreation area'' means the Boston Harbor Islands
National Recreation Area established by subsection (c) of this
section; and
(2) the term ``Secretary'' means the Secretary of the Interior.
(c) Boston Harbor Islands National Recreation Area
(1) 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.
(2) Boundaries
(A) 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 80,002, and
dated September 1996. 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.
(B) The recreation area shall include the following:
(i) The areas depicted on the map reference in subparagraph
(A).
(ii) Landside points required for access, visitor services,
and administration in the city of Boston along its Harborwalk
and at Long Wharf, 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.
(3) Land acquisition
Notwithstanding subsection (h) of this section, the Secretary is
authorized to acquire, in partnership with other entities, a less
than fee interest in lands at Thompson Island within the recreation
area. The Secretary may acquire the lands only by donation, purchase
with donated or appropriated funds, or by exchange.
(d) Administration of recreation area
(1) In general
The recreation area shall be administered in partnership by the
Secretary, the Commonwealth of Massachusetts, City of Boston and its
applicable subdivisions and others in accordance with the provisions
of law generally applicable to units of the National Park System,
including sections 1, 2, 3, and 4 of this title and sections 461 to
467 of this title as amended and supplemented and in accordance with
the integrated management plan specified in subsection (f) of this
section.
(2) State and local jurisdiction
Nothing in this section 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.
(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.
(4) Construction of facilities on non-Federal lands
In order to facilitate the administration of the recreation
area, the Secretary is authorized, subject to the appropriation of
necessary funds in advance, to construct essential administrative or
visitor use facilities on non-Federal public lands within the
recreation area. Such facilities and the use thereof shall be in
conformance with applicable plans \1\
---------------------------------------------------------------------------
\1\ So in original. Probably should be followed by a period.
---------------------------------------------------------------------------
(5) Other property, funds, and services
The Secretary may accept and use donated funds, property, and
services to carry out this section.
(6) 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, 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.
(7) Management in accordance with integrated management plan
The Secretary shall preserve, interpret, manage, and provide
educational and recreational uses for the recreation area, in
consultation with the owners and managers of lands in the recreation
area, in accordance with the integrated management plan.
(e) Boston Harbor Islands Partnership establishment
(1) 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.
(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 Secretary of
Transportation, to represent the United States Coast Guard.
(C) 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.
(D) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent the
Massachusetts Port Authority.
(E) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent the
Massachusetts Water Resources Authority.
(F) 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.
(G) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent the
Boston Redevelopment Authority.
(H) 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.
(I) One individual, appointed by the Secretary, after
consideration of recommendations of the Chair, to represent the
Trustees of Reservations.
(J) One individual, appointed by the Secretary, after
consideration of recommendations of the President of the Island
Alliance, to represent the Alliance, a nonprofit organization
whose sole purpose is to provide financial support for the
Boston Harbor Islands National Recreation Area.
(K) Two individuals, appointed by the Secretary, to
represent the Boston Harbor Islands Advisory Council,
established in subsection (g) of this section.
(3) Terms of office; reappointment
(A) Members of the Partnership shall serve for terms of three
years. Any member may be reappointed for one additional 3-year term.
(B) 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
subparagraphs (C), (D), (E), (F), (G), (H), (I), and (J) of
paragraph (2).
(C) A member may serve after the expiration of his or her term
until a successor has been appointed.
(4) 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.
(5) 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.
(6) Vacancy
Any vacancy on the Partnership shall be filled in the same
manner in which the original appointment was made.
(7) Meetings
The Partnership shall meet at the call of the Chairperson or a
majority of its members.
(8) Quorum
A majority of the Partnership shall constitute a quorum.
(9) 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.
(10) 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.
(11) Donations
Nothwithstanding 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.
(12) 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.
(13) 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.
(14) 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.
(15) Cooperative agreements
For purposes of carrying out the plan described in subsection
(f) of this section, the Partnership may enter into cooperative
agreements with the Commonwealth of Massachusetts, any political
subdivision thereof, or with any organization or person.
(f) Integrated resource management plan
(1) In general
Within three years after November 12, 1996, the Partnership
shall submit to the Secretary a management plan for the recreation
area to be developed and implemented by the Partnership.
(2) Contents of plan
The plan shall include (but not be limited to) each of the
following:
(A) 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 each of the
following:
(i) 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
subsection (h)(2) of this section and a delineation of
private-sector roles and responsibilities.
(ii) 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.
(B) Policies and programs for the following purposes:
(i) Enhancing public outdoor recreational opportunities
in the recreation area.
(ii) Conserving, protecting, and maintaining the scenic,
historical, cultural, natural and scientific values of the
islands.
(iii) Developing educational opportunities in the
recreation area.
(iv) Enhancing public access to the Islands, including
development of transportation networks.
(v) Identifying potential sources of revenue from
programs or activities carried out within the recreation
area.
(vi) Protecting and preserving Native American burial
grounds connected with the King Philip's War internment
period and other periods.
(C) A policy statement that recognizes existing economic
activities within the recreation area.
(3) Development of plan
In developing the plan, the Partnership shall--
(A) 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;
(B) consult with interested conservation, business,
professional, and citizen organizations; and
(C) 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.
(4) Approval of plan
(A) 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:
(i) The adequacy of public participation.
(ii) Assurances of plan implementation from State and local
officials.
(iii) The adequacy of regulatory and financial tools that
are in place to implement the plan.
(B) 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 therefore, 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.
(5) 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 section
are supported.
(g) Boston Harbor Islands Advisory Council
(1) 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 subsection (f) of this section. 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.
(2) Membership
The Advisory Council shall consist of not fewer than 18
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;
and organizations representing Native American interests.
(3) Procedures
Each meeting of the Advisory Council and its committees shall be
open to the public.
(4) 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.
(h) Authorization of appropriations
(1) In general
There are authorized to be appropriated such sums as may be
necessary to carry out this section, provided that no funds may be
appropriated for land acquisition.
(2) Matching requirement
Amounts appropriated in any fiscal year to carry out this
section 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.
(Pub. L. 104-333, div. I, title X, Sec. 1029, Nov. 12, 1996, 110 Stat.
4232; Pub. L. 105-355, title V, Sec. 513, Nov. 6, 1998, 112 Stat. 3266;
Pub. L. 106-176, title I, Sec. 126, Mar. 10, 2000, 114 Stat. 30.)
References in Text
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (g)(4), is section 14 of Pub. L. 92-463, which is set out in the
Appendix to Title 5, Government Organization and Employees.
Amendments
2000--Pub. L. 106-176, Sec. 126(1), substituted ``National
Recreation Area'' for ``Recreation Area'' in section catchline.
Subsec. (b)(1). Pub. L. 106-176, Sec. 126(2), inserted quotation
marks around ``recreation area''.
Subsec. (e)(3)(B). Pub. L. 106-176, Sec. 126(3), which directed
substitution of ``subparagraphs (C), (D), (E), (F), (G), (H), (I), and
(J) of paragraph (2).'' for ``subsections (b)(3), (4), (5), (6), (7),
(8), (9), and (10) of this section..'', was executed by making the
substitution for text that did not include the phrase ``of this
section..''
Subsec. (f)(2)(A)(i). Pub. L. 106-176, Sec. 126(4), substituted
``private-sector roles'' for ``profit sector roles''.
Subsec. (g)(1). Pub. L. 106-176, Sec. 126(5), substituted ``and
revenue-raising activities.'' for ``and revenue raising activities.''.
Subsec. (h)(2). Pub. L. 106-176, Sec. 126(6), substituted ``ratio''
for ``ration''.
1998--Subsec. (c)(3). Pub. L. 105-355 added par. (3).
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
