16 U.S.C. § 460kkk — Boston Harbor Islands National Recre-

Page 819 TITLE 16—CONSERVATION § 460kkk poses such as maintenance and construction of roads, trails, and facilities as long as such use is compatible with the purposes of the recreation area. (Pub. L. 103–104, § 3, Oct. 12, 1993, 107 Stat. 1028.) Statutory Notes and Related Subsidiaries CHANGE OF NAME References to United States Claims Court deemed to refer to United States Court of Federal Claims, see sec- tion 902(b) of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. § 460jjj–3. Adjoining lands The Secretary may evaluate lands adjoining the recreation area for possible inclusion in the recreation area and make recommendations to Congress, including (but not limited to) that area authorized for study by section 5 of Public Law 101–556 (104 Stat. 2764), known as the Baca Location Number 1. The Secretary, in consulta- tion with local tribal leaders and the National Park Service, shall, no later than 2 years after October 12, 1993, submit recommendations with respect to future boundaries for the recreation area. (Pub. L. 103–104, § 4, Oct. 12, 1993, 107 Stat. 1028.) Editorial Notes REFERENCES IN TEXT Public Law 101–556, referred to in text, is not classi- fied to the Code. § 460jjj–4. Acquisition of land (a) State land Land and interests in land within the bound- aries of the recreation area that are owned by the State of New Mexico, or a political subdivi- sion of New Mexico, may be acquired only by do- nation or exchange. (b) Offers to sell (1) In general Subject to paragraph (2), the Secretary may acquire land and interests in land within the boundaries of the recreation area by donation, purchase with donated or appropriated funds, or exchange. (2) Limitation The Secretary may not acquire lands within the recreation area without the consent of the owner thereof unless the Secretary has deter- mined that such lands will be put to a use dif- ferent from their use as of October 12, 1993, and that such new use would be incompatible with the protection of the natural and cultural re- sources of the recreation area. (Pub. L. 103–104, § 5, Oct. 12, 1993, 107 Stat. 1029.) § 460jjj–5. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out the pur- poses of this subchapter. (Pub. L. 103–104, § 6, Oct. 12, 1993, 107 Stat. 1029.) SUBCHAPTER CXXII—BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA § 460kkk. Boston Harbor Islands National Recre- ation 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 partner- ship with the private sector, the Common- wealth of Massachusetts, municipalities sur- rounding Massachusetts and Cape Cod Bays, the Thompson Island Outward Bound Edu- cation 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 trans- portation; and (4) to provide education and visitor informa- tion programs to increase public under- standing of and appreciation for the natural and cultural resources of the Boston Harbor Islands, including the history of Native Amer- ican 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); and (2) the term ‘‘Secretary’’ means the Sec- retary of the Interior. (c) Boston Harbor Islands National Recreation Area (1) Establishment In order to preserve for the benefit and in- spiration of the people of the United States as a national recreation area certain lands lo- cated in Massachusetts Bay, there is estab- lished as a unit of the National Park System the Boston Harbor Islands National Recre- ation Area. (2) Boundaries (A) The recreation area shall be comprised of the lands, waters, and submerged lands gen- erally 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 inspec- tion 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 Re- sources of the Senate, in writing, the Sec- retary may make minor revisions of the boundaries of the recreation area when nec- essary by publication of a revised drawing or other boundary description in the Federal Register. (B) The recreation area shall include the fol- lowing: (i) The areas depicted on the map ref- erenced in subparagraph (A). (ii) Landside points required for access, visitor services, and administration in the city of Boston along its Harborwalk and at Page 820 TITLE 16—CONSERVATION § 460kkk 1 See References in Text note below. Long Wharf, Fan Pier, John F. Kennedy Li- brary, 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), the Sec- retary is authorized to acquire, in partnership with other entities, a less than fee interest in lands at Thompson Island within the recre- ation 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 Common- wealth of Massachusetts, City of Boston and its applicable subdivisions and others in ac- cordance with the provisions of law generally applicable to units of the National Park Sys- tem, including the Act entitled ‘‘An Act to es- tablish 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 Au- gust 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467) 1 as amended and supplemented and in accordance with the integrated management plan speci- fied in subsection (f). (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 polit- ical subdivision thereof, to exercise civil and criminal jurisdiction or to carry out State laws, rules, and regulations within the recre- ation area, including those relating to fish and wildlife, or to tax persons, corporations, fran- chises, or private property on the lands and waters included in the recreation area. (3) Agreements (A) Definition of eligible entity In this paragraph, the term ‘‘eligible enti- ty’’ means— (i) the Commonwealth of Massachusetts; (ii) a political subdivision of the Com- monwealth of Massachusetts; or (iii) any other entity that is a member of the Boston Harbor Islands Partnership de- scribed in subsection (e)(2). (B) Authority of Secretary Subject 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 eligi- ble entity goods and services for the coop- erative management of land within the recreation area; and (ii) notwithstanding section 6305 of title 31, a cooperative agreement for the con- struction of recreation area facilities on land owned by an eligible entity for pur- poses consistent with the management plan under subsection (f). (C) Conditions The Secretary may enter into an agree- ment with an eligible entity under subpara- graph (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 In order to facilitate the administration of the recreation area, the Secretary is author- ized, subject to the appropriation of necessary funds in advance, to construct essential ad- ministrative 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. (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 Inter- national Airport and associated flight pat- terns 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 sec- tion 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 rec- reational uses for the recreation area, in con- sultation with the owners and managers of lands in the recreation area, in accordance with the integrated management plan. (e) Boston Harbor Islands Partnership establish- ment (1) Establishment There is hereby established the Boston Har- bor 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 in- tegrated 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 Sec- retary, to represent the National Park Serv- ice. Page 821 TITLE 16—CONSERVATION § 460kkk 2 So in original. (B) One individual, appointed by the Com- mandant of the Coast Guard.. 2 (C) Two individuals, appointed by the Sec- retary, after consideration of recommenda- tions by the Governor of Massachusetts, to represent the Department of Environmental Management and the Metropolitan District Commission. (D) One individual, appointed by the Sec- retary, after consideration of recommenda- tions by the Chair, to represent the Massa- chusetts Port Authority. (E) One individual, appointed by the Sec- retary, after consideration of recommenda- tions by the Chair, to represent the Massa- chusetts Water Resources Authority. (F) One individual, appointed by the Sec- retary, after consideration of recommenda- tions by the Mayor of Boston, to represent the Office of Environmental Services of the City of Boston. (G) One individual, appointed by the Sec- retary, after consideration of recommenda- tions by the Chair, to represent the Boston Redevelopment Authority. (H) One individual, appointed by the Sec- retary, after consideration of recommenda- tions of the President of the Thompson Is- land Outward Bound Education Center, to represent the Center. (I) One individual, appointed by the Sec- retary, after consideration of recommenda- tions of the Chair, to represent the Trustees of Reservations. (J) One individual, appointed by the Sec- retary, after consideration of recommenda- tions of the President of the Island Alliance, to represent the Alliance, a nonprofit orga- nization whose sole purpose is to provide fi- nancial support for the Boston Harbor Is- lands National Recreation Area. (K) Two individuals, appointed by the Sec- retary, to represent the Boston Harbor Is- lands Advisory Council, established in sub- section (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 re- ceived all of the recommendations for appoint- ment 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 perform- ance of services for the Partnership, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same man- ner 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 mem- bers as Chairperson and one as Vice Chair- person. 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 origi- nal 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 con- stitute 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 Part- nership, considers appropriate to enable the Partnership to carry out its duties. The Sec- retary may accept the services of personnel detailed from the Commonwealth of Massa- chusetts, any political subdivision of the Com- monwealth 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 Notwithstanding any other provision of law, the Partnership may seek and accept dona- tions of funds, property, or services from indi- viduals, 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 Partner- ship may not acquire any real property or in- terest in real property. (15) Cooperative agreements For purposes of carrying out the plan de- scribed in subsection (f), the Partnership may enter into cooperative agreements with the Commonwealth of Massachusetts, any polit- ical subdivision thereof, or with any organiza- tion or person. Page 822 TITLE 16—CONSERVATION § 460kkk (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 Partner- ship. (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 non- profit organizations, including each of the following: (i) A plan to finance and support the pub- lic improvements and services rec- ommended in the plan, including alloca- tion of non-Federal matching require- ments set forth in subsection (h)(2) and a delineation of private-sector roles and re- sponsibilities. (ii) A program for the coordination and consolidation, to the extent feasible, of ac- tivities that may be carried out by Fed- eral, State, and local agencies having ju- risdiction 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 rec- reational opportunities in the recreation area. (ii) Conserving, protecting, and main- taining the scenic, historical, cultural, natural and scientific values of the is- lands. (iii) Developing educational opportuni- ties in the recreation area. (iv) Enhancing public access to the Is- lands, including development of transpor- tation networks. (v) Identifying potential sources of rev- enue 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 ex- isting economic activities within the recre- ation area. (3) Development of plan In developing the plan, the Partnership shall— (A) consult on a regular basis with appro- priate officials of any local government or Federal or State agency which has jurisdic- tion over lands and waters within the recre- ation area; (B) consult with interested conservation, business, professional, and citizen organiza- tions; and (C) conduct public hearings or meetings for the purposes of providing interested per- sons with the opportunity to testify with re- spect 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 Partner- ship shall submit the plan to the Secretary, who shall approve or disapprove the plan with- in 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 finan- cial 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 Partner- ship in writing of the reasons therefore, to- gether with recommendations for revision. Within 90 days of receipt of such notice of dis- approval, the Partnership shall revise and re- submit the plan to the Secretary who shall ap- prove 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 ex- isting programs, services, and activities that promote the purposes of this section are sup- ported. (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 imple- mentation of the integrated resource manage- ment 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, transpor- tation, natural resources, cultural and historic resources, and revenue-raising activities. Par- ticipation 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 organiza- tions; business and commercial entities, in- cluding those related to transportation, tour- Page 823 TITLE 16—CONSERVATION § 460lll ism 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) Chapter 10 of title 5 The provisions of section 1013 of title 5 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 appro- priated 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 contribu- tions, fairly valued. (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.) Editorial Notes REFERENCES IN TEXT 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), referred to in subsec. (d)(1), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467), referred to in subsec. (d)(1), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and An- tiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. AMENDMENTS 2022—Subsec. (g)(4). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘FACA’’ in heading and ‘‘sec- tion 1013 of title 5’’ for ‘‘section 14 of the Federal Advi- sory Committee Act (5 U.S.C. App.),’’ in text. 2010—Subsec. (e)(2)(B). Pub. L. 111–281 made technical amendment to directory language of Pub. L. 109–241, § 902(h)(1). See 2006 Amendment note below. 2009—Subsec. (d)(3). Pub. L. 111–11, § 7109(a), added par. (3) and struck out former par. (3). Prior to amend- ment, text read as follows: ‘‘The Secretary may consult and enter into cooperative agreements with the Com- monwealth of Massachusetts or its political subdivi- sions to acquire from and provide to the Common- wealth 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.’’ Subsec. (e)(2)(B). Pub. L. 111–11, § 7109(b)(1), sub- stituted ‘‘Coast Guard.’’ for ‘‘Coast Guard’’. Subsec. (e)(11). Pub. L. 111–11, § 7109(b)(2), substituted ‘‘Notwithstanding’’ for ‘‘Nothwithstanding’’. 2006—Subsec. (e)(2)(B). Pub. L. 109–241, § 902(h)(1), as amended by Pub. L. 111–281, § 903(a)(8), substituted ‘‘Commandant of the Coast Guard.’’ for ‘‘Secretary of Transportation, to represent the United States Coast Guard.’’ 2004—Subsec. (c)(2)(B)(i). Pub. L. 108–352, § 12(1), sub- stituted ‘‘referenced’’ for ‘‘reference’’. Subsec. (d)(4). Pub. L. 108–352, § 12(2), inserted period after ‘‘plans’’. 2000—Pub. L. 106–176, § 126(1), substituted ‘‘National Recreation Area’’ for ‘‘Recreation Area’’ in section catchline. Subsec. (b)(1). Pub. L. 106–176, § 126(2), inserted quotation marks around ‘‘recreation area’’. Subsec. (e)(3)(B). Pub. L. 106–176, § 126(3), which di- rected 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, § 126(4), sub- stituted ‘‘private-sector roles’’ for ‘‘profit sector roles’’. Subsec. (g)(1). Pub. L. 106–176, § 126(5), substituted ‘‘and revenue-raising activities.’’ for ‘‘and revenue rais- ing activities.’’. Subsec. (h)(2). Pub. L. 106–176, § 126(6), substituted ‘‘ratio’’ for ‘‘ration’’. 1998—Subsec. (c)(3). Pub. L. 105–355 added par. (3). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(8) is effective with enactment of Pub. L. 109–241. SUBCHAPTER CXXIII—LAND BETWEEN THE LAKES PROTECTION § 460lll. Definitions In this subchapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) Advisory Board The term ‘‘Advisory Board’’ means the Land Between the Lakes Advisory Board established under section 460lll–22 of this title.