[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3383 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3383
To establish the Harriet Tubman National Historical Park in Auburn, New
York, and the Harriet Tubman Underground Railroad National Historical
Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2008
Mr. Cardin (for himself, Mrs. Clinton, Ms. Mikulski, and Mr. Schumer)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Harriet Tubman National Historical Park in Auburn, New
York, and the Harriet Tubman Underground Railroad National Historical
Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harriet Tubman National Historical
Park and Harriet Tubman Underground Railroad National Historical Park
Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) Harriet Tubman (born Araminta ``Minty'' Ross)--
(A) was born into slavery in Maryland around 1822;
(B) married John Tubman at age 25;
(C) endured through her youth and young adulthood
the hardships of enslaved African-Americans; and
(D) boldly emancipated herself from bondage in
1849;
(2) not satisfied with attaining her own freedom, Harriet
Tubman--
(A) returned repeatedly for more than 10 years to
the places of her enslavement in Dorchester and
Caroline Counties, Maryland; and
(B) under the most adverse circumstances led away
many family members and acquaintances to freedom in the
northern region of the United States and Canada;
(3) Harriet Tubman was--
(A) called ``Moses'' by African-Americans and white
abolitionists; and
(B) acknowledged as one of the most prominent
``conductors'' of the resistance that came to be known
as the ``Underground Railroad'';
(4) in 1868, Frederick Douglass wrote that, with the
exception of John Brown, Douglass knew of ``no one who has
willingly encountered more perils and hardships to serve our
enslaved people'' than Harriet Tubman;
(5) during the Civil War, Harriet Tubman--
(A) was recruited to assist Union troops as a
nurse, a scout, and a spy; and
(B) served in Virginia, Florida, and South
Carolina, where she is credited with facilitating the
rescue of hundreds of enslaved people;
(6) Harriet Tubman established in Auburn, New York, one of
the first incorporated homes for aged African-Americans in the
United States, which, 10 years before her death, she bequeathed
to the African Methodist Episcopal Zion Church;
(7) there are nationally significant resources comprised of
relatively unchanged landscapes associated with the early life
of Harriet Tubman in Caroline, Dorchester, and Talbot Counties,
Maryland;
(8) there are nationally significant resources relating to
Harriet Tubman in Auburn, New York, including--
(A) the residence of Harriet Tubman;
(B) the Tubman Home for the Aged;
(C) the Thompson Memorial AME Zion Church; and
(D) the final resting place of Harriet Tubman in
Fort Hill Cemetery;
(9) in developing interpretive programs, the National Park
Service would benefit from increased scholarship of the
African-American experience during the decades preceding the
Civil War and throughout the remainder of the 19th century; and
(10) it is fitting and proper that the nationally
significant resources relating to Harriet Tubman be preserved
for future generations as units of the National Park System so
that people may understand and appreciate the contributions of
Harriet Tubman to the history and culture of the United States.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and promote stewardship of the resources in
Auburn, New York, and Caroline, Dorchester, and Talbot
Counties, Maryland, relating to the life and contributions of
Harriet Tubman;
(2) to provide for partnerships with the African Methodist
Episcopal Zion Church, the States of New York and Maryland,
political subdivisions of the States, the Federal Government,
local governments, nonprofit organizations, and private
property owners for resource protection, research,
interpretation, education, and public understanding and
appreciation of the life and contributions of Harriet Tubman;
(3) to sustain agricultural and forestry land uses in
Caroline, Dorchester, and Talbot Counties, Maryland, that
remain evocative of the landscape during the life of Harriet
Tubman; and
(4) to establish a competitive grants program for scholars
of African-American history relating to Harriet Tubman and the
Underground Railroad.
SEC. 3. DEFINITIONS.
In this Act:
(1) Church.--The term ``Church'' means the Thompson
Memorial AME Zion Church located in Auburn, New York.
(2) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
(3) Predominantly black institution.--The term
``Predominantly Black Institution'' has the meaning given the
term in section 499A(c) of the Higher Education Act of 1965 (20
U.S.C. 1099e(c)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Visitor center.--The term ``Visitor Center'' means the
Harriet Tubman Underground Railroad State Park Visitor Center
to be constructed under section 5(d).
SEC. 4. ESTABLISHMENT OF HARRIET TUBMAN NATIONAL HISTORICAL PARK.
(a) Establishment.--On the execution of easements with the Church,
the Secretary shall--
(1) establish the Harriet Tubman National Historical Park
(referred to in this section as the ``Historical Park'') in the
City of Auburn, New York, as a unit of the National Park
System; and
(2) publish notice of the establishment of the Historical
Park in the Federal Register.
(b) Boundary.--
(1) In general.--The Historical Park shall be comprised of
structures and properties associated with the Harriet Tubman
home, the Tubman Home for the Aged, the Church, and the
Rectory, as generally depicted on the map entitled ``Harriet
Tubman National Historical Park--Proposed Boundary'', numbered
[____], and dated [___].
(2) Availability of map.--The map described in paragraph
(1) shall be available for public inspection in the appropriate
offices of the National Park Service.
(c) Acquisition of Land.--The Secretary may acquire from willing
sellers, by donation, purchase with donated or appropriated funds, or
exchange, land or interests in land within the boundary of the
Historical Park.
(d) Financial Assistance.--The Secretary may provide grants to, and
enter into cooperative agreements with--
(1) the Church for--
(A) historic preservation of, rehabilitation of,
research on, and maintenance of properties within the
boundary of the Historical Park; and
(B) interpretation of the Historical Park;
(2) the Fort Hill Cemetery Association for maintenance and
interpretation of the gravesite of Harriet Tubman; and
(3) the State of New York, any political subdivisions of
the State, the City of Auburn, and nonprofit organizations
for--
(A) preservation and interpretation of resources
relating to Harriet Tubman in the City of Auburn, New
York;
(B) conducting research, including archaeological
research; and
(C) providing for stewardship programs, education,
public access, signage, and other interpretive devices
at the Historical Park for interpretive purposes.
(e) Interpretation.--The Secretary may provide interpretive tours
to sites located outside the boundaries of the Historical Park in
Auburn, New York, that include resources relating to Harriet Tubman.
(f) General Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this subsection,
the Secretary, in cooperation with the Church, shall complete a
general management plan for the Historical Park in accordance
with section 12(b) of Public Law 91-383 (16 U.S. C. 1a-7(b)).
(2) Coordination.--The Secretary shall coordinate the
preparation and implementation of the general management plan
for the Harriet Tubman National Historical Park with--
(A) the Harriet Tubman Underground Railroad
National Historical Park in Maryland; and
(B) the National Underground Railroad: Network to
Freedom.
SEC. 5. ESTABLISHMENT OF THE HARRIET TUBMAN UNDERGROUND RAILROAD
NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established as a unit of the National
Park System the Harriet Tubman Underground Railroad National Historical
Park (referred to in this section as the ``Historical Park'') in
Caroline, Dorchester, and Talbot Counties, Maryland.
(b) Boundary.--
(1) In general.--The boundary of the Historical Park shall
consist of certain landscapes and associated resources relating
to the early life and enslavement of Harriet Tubman and the
Underground Railroad, as generally depicted on the map entitled
``Harriet Tubman Underground Railroad National Historical
Park--Proposed Boundary'', numbered [____], and dated [_____].
(2) Additional sites.--The Secretary, after consultation
with landowners, the State of Maryland, and units of local
government, may modify the boundary of the Historical Park to
include additional resources relating to Harriet Tubman that--
(A) are located within the vicinity of the
Historical Park; and
(B) are identified in the general management plan
prepared under subsection (g) as appropriate for
interpreting the life of Harriet Tubman.
(3) Availability of map.--On modification of the boundary
of the Historical Park under paragraph (2), the Secretary shall
make available for public inspection in the appropriate offices
of the National Park Service a revised map of the Historical
Park.
(c) Acquisition of Land.--The Secretary may acquire from willing
sellers, by donation, purchase with donated or appropriated funds, or
exchange, land or an interest in land within the boundaries of the
Historical Park.
(d) Grants.--In accordance with section 7(b)(2), the Secretary may
provide grants--
(1) to the State of Maryland, political subdivisions of the
State, and nonprofit organizations for the acquisition of less
than fee title (including easements) or fee title to land in
Caroline, Dorchester, and Talbot Counties, Maryland, within the
boundary of the Historical Park; and
(2) on execution of a memorandum of understanding between
the State of Maryland and the Director of the National Park
Service, to the State of Maryland for the construction of the
Harriet Tubman Underground Railroad State Park Visitor Center
on land owned by the State of Maryland in Dorchester County,
Maryland, subject to the condition that the State of Maryland
provide the Director of the National Park Service, at no
additional cost, sufficient office space and exhibition areas
in the Visitor Center to carry out the purposes of the
Historical Park.
(e) Financial Assistance.--The Secretary may provide grants to, and
enter into cooperative agreements with, the State of Maryland,
political subdivisions of the State, nonprofit organizations, colleges
and universities, and private property owners for--
(1) the restoration or rehabilitation, public use, and
interpretation of sites and resources relating to Harriet
Tubman;
(2) the conduct of research, including archaeological
research;
(3) providing stewardship programs, education, signage, and
other interpretive devices at the sites and resources for
interpretive purposes; and
(4)(A) the design and construction of the Visitor Center;
and
(B) the operation and maintenance of the Visitor Center.
(f) Interpretation.--The Secretary may provide interpretive tours
to sites and resources located outside the boundary of the Historical
Park in Caroline, Dorchester, and Talbot Counties, Maryland, relating
to the life of Harriet Tubman and the Underground Railroad.
(g) General Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this subsection,
the Secretary, in coordination with the State of Maryland,
political subdivisions of the State, and the United States Fish
and Wildlife Service, shall complete a general management plan
for the Historical Park in accordance with section 12(b) of
Public Law 91-383 (16 U.S. C. 1a-7(b)).
(2) Coordination.--The Secretary shall coordinate the
preparation and implementation of the general management plan
for the Historical Park with--
(A) the Harriet Tubman National Historical Park in
Auburn, New York;
(B) the National Underground Railroad: Network to
Freedom;
(C) the Maryland Harriet Tubman Underground
Railroad State Park; and
(D) the Harriet Tubman Underground Railroad Byway
in Dorchester and Caroline Counties, Maryland.
(3) Priority treatment.--The general management plan for
the Historical Park shall give priority to the adequate
protection of, interpretation of, public appreciation for,
archaeological investigation of, and research on Stewart's
Canal, the Jacob Jackson home site, the Brodess Farm, the Ben
Ross and Anthony Thompson properties on Harrisville Road, and
the James Cook site, all of which are privately owned and
located in the Blackwater National Wildlife Refuge.
(h) Blackwater National Wildlife Refuge.--
(1) Interagency agreement.--The Secretary shall ensure
that, not later than 1 year after the date of enactment of this
Act, the National Park Service and the United States Fish and
Wildlife Service enter into an interagency agreement that--
(A) promotes and mutually supports the compatible
stewardship and interpretation of Harriet Tubman
resources at the Blackwater National Wildlife Refuge;
and
(B) provides for the maximum level of cooperation
between those Federal agencies to further the purposes
of this Act.
(2) Effect of act.--Nothing in this Act modifies, alters,
or amends the authorities of the United States Fish and
Wildlife Service in the administration and management of the
Blackwater National Wildlife Refuge.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Harriet Tubman
National Historical Park and the Harriet Tubman Underground Railroad
National Historical Park in accordance with this Act and the laws
generally applicable to units of the National Park System including--
(1) the National Park Service Organic Act (16 U.S.C. 1 et
seq.); and
(2) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(b) Park Regulations.--Notwithstanding subsection (a), regulations
and policies applicable to units of the National Park System shall
apply only to Federal land administrated by the National Park Service
that is located within the boundary of the Harriet Tubman Underground
Railroad National Historical Park.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out this Act (other than subsection (b)),
including the provision of National Park Service personnel and National
Park Service management funds for the Harriet Tubman National
Historical Park and the Harriet Tubman Underground Railroad National
Historical Park.
(b) Grants.--There are authorized to be appropriated not more
than--
(1) $7,500,000 to provide grants to the Church for--
(A) historic preservation, rehabilitation, and
restoration of resources within the boundary of the
Harriet Tubman National Historical Park; and
(B) the costs of design, construction,
installation, and maintenance of exhibits and other
interpretive devices authorized under section
4(d)(1)(B);
(2) $11,000,000 for grants to the State of Maryland for
activities authorized under subsections (d)(1) and (e)(4)(A) of
section 5; and
(3) $200,000 for fiscal year 2009 and each fiscal year
thereafter for competitive grants to historically Black
colleges and universities, Predominately Black Institutions,
and minority serving institutions for research into the life of
Harriet Tubman and the African-American experience during the
years that coincide with the life of Harriet Tubman.
(c) Cost-Sharing Requirement.--
(1) Church and visitor center grants.--The Federal share of
the cost of activities provided grants under paragraph (1) or
(2) of subsection (b) and any maintenance, construction, or
utility costs incurred pursuant to a cooperative agreement
entered into under section 4(d)(1)(A) or section 5(e) shall not
be more than 50 percent.
(2) Historically black colleges and universities.--The
Federal share of the cost of activities provided assistance
under subsection (b)(3) shall be not more than 75 percent.
(3) Form of non-federal share.--The non-Federal share
required under this subsection may be in the form of in-kind
contributions of goods or services fairly valued.
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