16 U.S.C. § 460kkk — Boston Harbor Islands National Recreation Area
submitted 30 years ago by Pub. L. 104-333 to r/title-16-CONSERVATION · 2,788 words · no verdicts yet
Congress created the Boston Harbor Islands National Recreation Area to protect the islands and improve boat access. The National Park Service manages it together with Massachusetts, Boston, and other partners. A Partnership and an Advisory Council write and guide the plan, but no federal funds may buy land.
(a) Purposes - This section exists to: (1) preserve the Boston Harbor Islands for public use and enjoyment; (2) manage the recreation area jointly with the private sector, Massachusetts, nearby towns, the Thompson Island Outward Bound Education Center, and the Trustees of Reservations, along with historical, business, cultural, civic, recreational, and tourism groups; (3) improve access to the islands using public water transportation; and (4) provide education and visitor information about the islands' natural and cultural resources, including Native American history and use.
(b) Definitions - "Recreation area" means the Boston Harbor Islands National Recreation Area created by subsection (c). "Secretary" means the Secretary of the Interior.
(c) Boston Harbor Islands National Recreation Area - (1) Establishment: this section creates the recreation area as a unit of the National Park System, covering certain Massachusetts Bay land.
(2) Boundaries: (A) the area matches a specific 1996 map on file at National Park Service offices; after notifying two congressional committees in writing, the Secretary may make minor boundary changes by publishing a revised description in the Federal Register. (B) The area includes the mapped islands plus specific mainland access points in Boston (Harborwalk, Long Wharf, Fan Pier, JFK Library, Custom House, Charlestown Navy Yard, Old Northern Avenue Bridge), Quincy, Hingham, Hull, Salem, and Lynn.
(3) Land acquisition: the Secretary may partner with others to acquire a less-than-full ownership interest in land at Thompson Island, but only by donation, purchase with donated or appropriated money, or exchange.
(d) Administration of recreation area - (1) The Secretary, Massachusetts, Boston and its subdivisions, and others jointly run the area, following the usual National Park System laws and the area's integrated management plan.
(2) This section doesn't change Massachusetts's civil or criminal jurisdiction, its laws (including fish and wildlife laws), or its power to tax people, businesses, or property in the area.
(3)(A)-(C) The Secretary may make agreements with "eligible entities" - Massachusetts, its local governments, or Boston Harbor Islands Partnership members - for cooperative management (trading goods and services) or for building recreation area facilities on their land, but only if money is available and the deal serves the United States' interests.
(4) The Secretary may build essential administrative or visitor facilities on non-federal public land in the area, if funding is appropriated in advance and the facilities follow applicable plans.
(5) The Secretary may accept donated money, property, and services.
(6) Boston-Logan Airport's ongoing operation and flight patterns don't count as using public parkland under certain federal aviation laws, and aren't considered to significantly affect the area's natural, scenic, or recreation value.
(7) The Secretary must preserve, interpret, manage, and provide education and recreation for the area, consulting with landowners and managers, following the integrated management plan.
(e) Boston Harbor Islands Partnership - (1) This section creates the Partnership to coordinate federal, state, local, and private-sector work on an integrated management plan.
(2) The Partnership has 13 members: one for the National Park Service, one for the Coast Guard, two for Massachusetts environmental/water agencies, one for the Massachusetts Port Authority, one for the Massachusetts Water Resources Authority, one for Boston's environmental office, one for the Boston Redevelopment Authority, one for the Thompson Island Outward Bound Education Center, one for the Trustees of Reservations, one for the Island Alliance (a nonprofit supporting the recreation area), and two for the Boston Harbor Islands Advisory Council.
(3) Members serve 3-year terms, renewable once. The Secretary must appoint the first members within 30 days of getting all required recommendations. A member may stay on past their term until replaced.
(4) Members serve without pay but get travel expenses like other part-time federal workers.
(5) The Partnership elects a Chairperson and Vice Chairperson, each serving one-year terms; the Vice Chair fills in when needed.
(6) Vacancies are filled the same way the original appointment was made.
(7) The Partnership meets when the Chairperson or a majority of members calls a meeting.
(8) A majority of members makes a quorum.
(9) The Secretary must give the Partnership staff and technical help, and may accept staff loaned from Massachusetts or Partnership members.
(10) The Partnership may hold hearings and gather testimony and evidence as it sees fit.
(11) The Partnership may accept donated money, property, or services.
(12) The Partnership may use its funds to unlock matching money from other programs that require a contribution.
(13) The Partnership may use the U.S. mail like any federal agency.
(14) The Partnership may buy, rent, or accept donated property and services it needs - but cannot acquire real estate or an interest in real estate.
(15) The Partnership may make cooperative agreements with Massachusetts, its local governments, or any organization or person to carry out the management plan.
(f) Integrated resource management plan - (1) Within three years of November 12, 1996, the Partnership must give the Secretary a management plan.
(2) The plan must include: (A) a program assigning responsibilities across federal, state, local, and nonprofit levels, including (i) a financing plan covering the non-federal matching money required under subsection (h)(2) and private-sector roles, and (ii) a plan to coordinate the work of different agencies with authority over the area, including planning and rules; (B) policies for boosting outdoor recreation, protecting the islands' scenic, historic, cultural, natural, and scientific value, developing education, improving access (including transportation), identifying revenue sources, and protecting Native American burial grounds tied to King Philip's War and other periods; and (C) a statement recognizing the area's existing economic activity.
(3) While developing the plan, the Partnership must regularly consult local and federal/state officials with jurisdiction over the area, consult interested organizations, and hold public hearings.
(4)(A) The Partnership sends the plan to Massachusetts's Governor for a 90-day review, then to the Secretary, who has 90 days to approve or reject it - checking public participation, state/local implementation assurances, and whether the right rules and funding tools exist. (B) If the Secretary rejects it, the Secretary must explain why in writing within 60 days, with suggested changes. The Partnership then has 90 days to revise and resubmit, and the Secretary has 60 days to decide on the revision.
(5) Before the plan is adopted, the Secretary and Partnership must help current landowners and managers keep supporting existing programs, services, and activities that fit this section's purposes.
(g) Boston Harbor Islands Advisory Council - (1) The Secretary, through the National Park Service Director, must create this Council to represent different interest groups and advise the Partnership on the management plan. The Council is encouraged to form committees on issues like education, tourism, transportation, natural resources, cultural/historic resources, and revenue - open to non-members too.
(2) The Council must have at least 18 members, with at least three each representing municipalities, educational/cultural institutions, environmental groups, business groups (including transportation, tourism, and maritime businesses), Boston Harbor advocacy groups, and Native American interest groups.
(3) Council and committee meetings must be open to the public.
(4) A federal advisory-committee rule (section 1013 of title 5) is waived for this Council.
(h) Authorization of appropriations - (1) Congress may fund whatever is necessary to carry out this section, except no money may be spent to buy land.
(2) Any money spent must be matched: at least three non-federal dollars for every one federal dollar. The non-federal share can be cash, services, or fairly-valued in-kind help.
The purposes of this section are—
to preserve for public use and enjoyment the lands and waters that comprise the Boston Harbor Islands National Recreation Area;
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;
to improve access to the Boston Harbor Islands through the use of public water transportation; and
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.
For the purposes of this section—
the term “recreation area” means the Boston Harbor Islands National Recreation Area established by subsection (c); and
the term “Secretary” means the Secretary of the Interior.
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.
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.
The recreation area shall include the following:
The areas depicted on the map referenced in subparagraph (A).
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.
Notwithstanding subsection (h), 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.
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 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),1 and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467) 1 as amended and supplemented and in accordance with the integrated management plan specified in subsection (f).
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.
In this paragraph, the term “eligible entity” means—
the Commonwealth of Massachusetts;
a political subdivision of the Commonwealth of Massachusetts; or
any other entity that is a member of the Boston Harbor Islands Partnership described in subsection (e)(2).
Subject to subparagraph (C), the Secretary may consult with an eligible entity on, and enter into with the eligible entity—
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
notwithstanding section 6305 of title 31, 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).
The Secretary may enter into an agreement with an eligible entity under subparagraph (B) only if the Secretary determines that—
appropriations for carrying out the purposes of the agreement are available; and
the agreement is in the best interests of the United States.
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.
The Secretary may accept and use donated funds, property, and services to carry out this section.
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.
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.
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.
The Partnership shall be composed of 13 members, as follows:
One individual, appointed by the Secretary, to represent the National Park Service.
One individual, appointed by the Commandant of the Coast Guard..2
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.
One individual, appointed by the Secretary, after consideration of recommendations by the Chair, to represent the Massachusetts Port Authority.
One individual, appointed by the Secretary, after consideration of recommendations by the Chair, to represent the Massachusetts Water Resources Authority.
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.
One individual, appointed by the Secretary, after consideration of recommendations by the Chair, to represent the Boston Redevelopment Authority.
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.
One individual, appointed by the Secretary, after consideration of recommendations of the Chair, to represent the Trustees of Reservations.
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.
Two individuals, appointed by the Secretary, to represent the Boston Harbor Islands Advisory Council, established in subsection (g).
Members of the Partnership shall serve for terms of three years. Any member may be reappointed for one additional 3-year term.
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).
A member may serve after the expiration of his or her term until a successor has been appointed.
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.
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.
Any vacancy on the Partnership shall be filled in the same manner in which the original appointment was made.
The Partnership shall meet at the call of the Chairperson or a majority of its members.
A majority of the Partnership shall constitute a quorum.
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.
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.
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.
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.
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.
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.
For purposes of carrying out the plan described in subsection (f), the Partnership may enter into cooperative agreements with the Commonwealth of Massachusetts, any political subdivision thereof, or with any organization or person.
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.
The plan shall include (but not be limited to) each of the following:
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:
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) and a delineation of private-sector roles and responsibilities.
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.
Policies and programs for the following purposes:
Enhancing public outdoor recreational opportunities in the recreation area.
Conserving, protecting, and maintaining the scenic, historical, cultural, natural and scientific values of the islands.
Developing educational opportunities in the recreation area.
Enhancing public access to the Islands, including development of transportation networks.
Identifying potential sources of revenue from programs or activities carried out within the recreation area.
Protecting and preserving Native American burial grounds connected with the King Philip’s War internment period and other periods.
A policy statement that recognizes existing economic activities within the recreation area.
In developing the plan, the Partnership shall—
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;
consult with interested conservation, business, professional, and citizen organizations; and
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.
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:
The adequacy of public participation.
Assurances of plan implementation from State and local officials.
The adequacy of regulatory and financial tools that are in place to implement the plan.
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.
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.
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). 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.
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.
Each meeting of the Advisory Council and its committees shall be open to the public.
The provisions of section 1013 of title 5 are hereby waived with respect to the Advisory Council.
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.
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.
Source credit: (Pub. L. 104–333, div. I, title X, § 1029, Nov. 12, 1996, 110 Stat. 4232; Pub. L. 105–355, title V, § 513, Nov. 6, 1998, 112 Stat. 3266; Pub. L. 106–176, title I, § 126, Mar. 10, 2000, 114 Stat. 30; Pub. L. 108–352, § 12, Oct. 21, 2004, 118 Stat. 1397; Pub. L. 109–241, title IX, § 902(h)(1), July 11, 2006, 120 Stat. 567; Pub. L. 111–11, title VII, § 7109, Mar. 30, 2009, 123 Stat. 1197; Pub. L. 111–281, title IX, § 903(a)(8), Oct. 15, 2010, 124 Stat. 3010; Pub. L. 117–286, § 4(a)(93), Dec. 27, 2022, 136 Stat. 4316.)
- 1996Enacted · Pub. L. 104-333 · 110 Stat. 4232
- 1998Amended · Pub. L. 105-355 · 112 Stat. 3266
- 2000Amended · Pub. L. 106-176 · 114 Stat. 30
- 2004Amended · Pub. L. 108-352 · 118 Stat. 1397
- 2006Amended · Pub. L. 109-241 · 120 Stat. 567
- 2009Amended · Pub. L. 111-11 · 123 Stat. 1197
- 2010Amended · Pub. L. 111-281 · 124 Stat. 3010
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4316
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-333 on 1996-11-12.
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