PETITION OF:

SECTION 1. The purpose of this act is to provide for the proper and consistent management of Spectacle Island, a certain parcel of land in Boston Harbor, a portion of which was acquired by the Commonwealth of Massachusetts, Department of Environmental Management (now the Department of Conservation and Recreation), for the Boston Harbor Islands State Park in accordance with chapter 743 of the acts of 1970, and the balance for general municipal purposes by the City of Boston (hereinafter collectively the “Owners”), and to create Spectacle Island Park, a public park jointly operated and managed by the Owners.

Spectacle Island Park (hereinafter the "Park") is a public open space containing, at mean low water, approximately 121 acres and includes the land of Spectacle Island and any buildings and improvements located thereon. The Park is part of the Boston Harbor Islands National Recreation Area (hereinafter the “National Park Area ”), which was established by the federal Omnibus Parks and Public Lands Management Act of 1996, section 1029 of Public Law 104-333, 16 U.S.C. 460kkk, for the benefit of the public (hereinafter the “Federal law, section 1029”). The National Park Area is administered by the Boston Harbor Islands Partnership, which was established by the federal law, section 1029(e), to coordinate the activities of the Federal, State, and local authorities and the private sector in the development of the National Park Area. Establishment of the National Park Area depends on the ongoing participation of the owners and managers of the Boston Harbor Islands within the National Park Area. Establishment of the National Park Area does not “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 National Park Area.” (Federal law, Section 1029(d)2).) Words and terms used in this act, unless the context clearly indicates otherwise, shall have the same meaning and be interpreted consistent with the federal law to effectuate the purposes of this act and said federal law.

SECTION 2. The Owners are hereby authorized, notwithstanding any general or special law to the contrary, including but not limited to chapter 30B, and chapter 7, sections 40F through 40J, of the general laws, for the purposes of management, maintenance and operation of the Park, including the delivery of programs, activities and events for the educational, scientific, recreation and conservation benefit of the public, to jointly execute and deliver instruments to lease the Park, including the necessary equipment, vehicles, vessels and other commonwealth or city owned material and resources, for consideration described in Section 3 of this act, to Island Alliance, Inc., a partner on the Boston Harbor Islands Partnership and charitable corporation organized for the purposes of the lease hereby authorized, or to another entity with similar purposes, which is to provide the public with opportunities for recreation, education and other activities and purposes consistent and compatible with the protection, preservation, use and enjoyment of the Island Park by the public, and the cooperative operation by the Owners and Island Alliance, Inc., of the Park within the National Park Area. Notwithstanding the foregoing, the Owners shall continue their management obligations and responsibilities in the Park in accordance with their respective mandates and this act, and shall operate and develop the Park in accordance with those mandates and this act using best management practices, systems and technologies. Nothing in the lease hereby authorized shall interfere with the public's right to access the Park without charge during the Park's operating hours. Island Alliance, Inc. or another lessee may, with the Owners' prior approval, enter into subleases and other agreements with private or public entities for the purposes described herein, including contracts for capital improvements to the Park, subject to applicable public bidding laws and regulations, and the lease hereby authorized, if terminated, shall allow continuation of the subleases at the discretion of the Owners.

SECTION 3. The consideration for the lease or leases described in section two shall be in the form of management, maintenance, operations, improvements and programming of the Park and the lessee's assumption of expenditures therefor, all as approved by the Owners and carried out in accordance with the terms of a lease agreement between the Owners and the lessee, with provision for sustainable and self-supporting activities that advance the mission and goals of the National Park Area. To support such expenditures, the lessee may, as approved annually by the Owners under the lease agreement and subject to audit, charge and collect reasonable fees for participation in or access to programs, events, equipment and services planned or provided by the lessee, and may generate income and raise revenue through such means or through receipt of grants, donations, gifts, services or otherwise. All amounts collected by the lessee at or for the Park shall be held in trust for the benefit of the public, shall not be commingled with other monies held by the lessee for other purposes, and shall be directed to management, improvement, maintenance, operation and programming of and for the Park. Any amounts collected in excess of the expenditures therefor, which expenditures may include a reasonable return on investment approved in advance by Owners, shall be applied to a reserve account for the benefit of the Park or may be assigned to the National Park Area as approved by Owners.

SECTION 4. The Owners are each authorized, in accordance with this act, to grant a lease for a period of up to twenty years to Island Alliance, Inc. or other lessee for the Park, with provisions for extensions to a maximum of 99 years, and to execute and deliver other related documents to implement the provisions of this section and act.

SECTION 5. The Owners shall provide a copy of any lease or leases prepared in accordance with this act to the house and senate committees on ways and means, the inspector general for the Commonwealth of Massachusetts, and the clerk of the City of Boston. The inspector general shall review and issue his comment to the committees on ways and means and to the Department of Environmental Management within 30 days of receipt of the lease agreement.

Said lease, when executed by the Owners, shall be deemed conclusively authorized hereby, provided, however, that all provisions therein are consistent with the provisions of this act. The Owners are hereby authorized to execute and deliver a notice of such lease or leases for recording and to execute and deliver any and all other agreements and instruments related to the lease or leases authorized hereby as may from time to time be necessary.

All capital improvements on Spectacle Island now or in the future constructed thereon shall, unless such improvements are made by Island Alliance, Inc. or other lessee and are specifically excepted by Owners, be a real property asset of the owner of the land upon which the improvement was erected without regard to by whom the improvements were constructed or paid; provided, however, both Owners shall have joint operation and management authority thereof. All such capital improvements as well as the real estate interests held by the commonwealth and the city shall be jointly managed by the Owners, and each is hereby specifically authorized to expend funds on such management, including when necessary the maintenance, operation, improvement and programming of and for the Park without regard to the location at which such activities occur on Spectacle Island. No Owner may dispose of, lease or otherwise encumber any portion of Spectacle Island or its improvements without the approval of the other Owner.

The lessee shall carry comprehensive general and public liability insurance, with the Owners as co-insured, protecting the lessee and the Owners against personal injuries and property damage occurring on the Park, and such fire and extended risk insurance as deemed appropriate by the Owners.

SECTION 6. The Owners are hereby authorized to enter into other agreements necessary to facilitate governance of the Park and further define the responsibilities of the lessee and Owners.

SECTION 7. Nothing in this act or the lease authorized by this act shall interfere with or modify the rights or responsibilities of the Owners, the Massachusetts Turnpike Authority, the Massachusetts Highway Department, or any other participating party in connection with the Central Artery/Third Harbor Tunnel Project and, in particular, the landfill or landfill closure or monitoring activities and mitigation and permitting requirements on Spectacle Island, or with any installations or equipment associated therewith.