View all text of Subchapter CXXII [§ 460kkk - § 460kkk]
§ 460kkk. Boston Harbor Islands National Recreation Area
(a) PurposesThe 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) DefinitionsFor the purposes of this section—
(1) the term “recreation area” means the Boston Harbor Islands National Recreation Area established by subsection (c); and
(2) the term “Secretary” means the Secretary of the Interior.
(c) Boston Harbor Islands National Recreation Area
(1) Establishment
(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 referenced 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
(d) Administration of recreation area
(1) In general
(2) State and local jurisdiction
(3) Agreements
(A) Definition of eligible entityIn 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 SecretarySubject 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, 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) ConditionsThe 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.
(4) Construction of facilities on non-Federal lands
(5) Other property, funds, and services
(6) Relationship of recreation area to Boston-Logan International Airport
(7) Management in accordance with integrated management plan
(e) Boston Harbor Islands Partnership establishment
(1) Establishment
(2) MembershipThe 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.. 2
2 So in original.
(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).
(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
(5) Election of officers
(6) Vacancy
(7) Meetings
(8) Quorum
(9) Staff of the Partnership
(10) Hearings
(11) Donations
(12) Use of funds to obtain money
(13) Mails
(14) Obtaining property
(15) Cooperative agreements
(f) Integrated resource management plan
(1) In general
(2) Contents of planThe 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) 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 planIn 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
(g) Boston Harbor Islands Advisory Council
(1) Establishment
(2) Membership
(3) Procedures
(4) Chapter 10 of title 5
(h) Authorization of appropriations
(1) In general
(2) Matching requirement
(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.)