
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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\
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    \1\ So in original. Probably should be followed by a period.
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               (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).
