Library / Laws / 113th / s / S. 247 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 247
IN THE SENATE OF THE UNITED STATES
February 7, 2013
Mr. Cardin (for himself,
Mr. Schumer, Ms. Mikulski, and Mrs.
Gillibrand) 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.
1.
Short title
This Act may be cited as the
Harriet Tubman National Historical
Parks Act.
2.
Harriet Tubman
Underground Railroad National Historical Park, Maryland
(a)
Definitions
In this section:
(1)
Historical
park
The term historical park means the Harriet
Tubman Underground Railroad National Historical Park established by subsection
(b)(1)(A).
(2)
Map
The
term map means the map entitled Authorized Acquisition Area
for the Proposed Harriet Tubman Underground Railroad National Historical
Park, numbered T20/80,001, and dated July 2010.
(3)
Secretary
The
term Secretary means the Secretary of the Interior.
(4)
State
The
term State means the State of Maryland.
(b)
Harriet tubman
underground railroad national historical park
(1)
Establishment
(A)
In
general
Subject to subparagraph (B), there is established the
Harriet Tubman Underground Railroad National Historical Park in Caroline,
Dorchester, and Talbot Counties, Maryland, as a unit of the National Park
System.
(B)
Determination
by secretary
The historical park shall not be established until
the date on which the Secretary determines that a sufficient quantity of land,
or interests in land, has been acquired to constitute a manageable park
unit.
(C)
Notice
Not
later than 30 days after the date on which the Secretary makes a determination
under subparagraph (B), the Secretary shall publish in the Federal Register
notice of the establishment of the historical park, including an official
boundary map for the historical park.
(D)
Availability of
map
The official boundary map published under subparagraph (C)
shall be on file and available for public inspection in appropriate offices of
the National Park Service.
(2)
Purpose
The
purpose of the historical park is to preserve and interpret for the benefit of
present and future generations the historical, cultural, and natural resources
associated with the life of Harriet Tubman and the Underground Railroad.
(3)
Land
acquisition
(A)
In
general
The Secretary may acquire land and interests in land
within the areas depicted on the map as Authorized Acquisition
Areas by purchase from willing sellers, donation, or exchange.
(B)
Boundary
adjustment
On acquisition of land or an interest in land under
subparagraph (A), the boundary of the historical park shall be adjusted to
reflect the acquisition.
(c)
Administration
(1)
In
general
The Secretary shall administer the historical park in
accordance with this section and the laws generally applicable to units of the
National Park System, including—
(A) the National Park
System Organic Act (16 U.S.C. 1 et seq.); and
(B) the Act of August
21, 1935 (16 U.S.C. 461 et seq.).
(2)
Interagency
agreement
Not later than 1 year after the date on which the
historical park is established, the Director of the National Park Service and
the Director of the United States Fish and Wildlife Service shall enter into an
agreement to allow the National Park Service to provide for public
interpretation of historic resources located within the boundary of the
Blackwater National Wildlife Refuge that are associated with the life of
Harriet Tubman, consistent with the management requirements of the
Refuge.
(3)
Interpretive
tours
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.
(4)
Cooperative
agreements
(A)
In
general
The Secretary may enter into a cooperative agreement with
the State, political subdivisions of the State, colleges and universities,
non-profit organizations, and individuals—
(i) to
mark, interpret, and restore nationally significant historic or cultural
resources relating to the life of Harriet Tubman or the Underground Railroad
within the boundaries of the historical park, if the agreement provides for
reasonable public access; or
(ii) to
conduct research relating to the life of Harriet Tubman and the Underground
Railroad.
(B)
Visitor
center
The Secretary may enter into a cooperative agreement with
the State to design, construct, operate, and maintain a joint visitor center on
land owned by the State—
(i) to
provide for National Park Service visitor and interpretive facilities for the
historical park; and
(ii) to
provide to the Secretary, at no additional cost, sufficient office space to
administer the historical park.
(C)
Cost-sharing
requirement
(i)
Federal
share
The Federal share of the total cost of any activity carried
out under this paragraph shall not exceed 50 percent.
(ii)
Form of
non-federal share
The non-Federal share of the cost of carrying
out an activity under this paragraph may be in the form of in-kind
contributions or goods or services fairly valued.
(d)
General
management plan
(1)
In
general
Not later than 3 years after the date on which funds are
made available to carry out this section, the Secretary shall prepare a general
management plan for the historical park in accordance with section 12(b) of the
National Park Service General Authorities Act (16 U.S.C. 1a–7(b)).
(2)
Consultation
The
general management plan shall be prepared in consultation with the State
(including political subdivisions of the State).
(3)
Coordination
The
Secretary shall coordinate the preparation and implementation of the management
plan with—
(A) the Blackwater
National Wildlife Refuge;
(B) the Harriet
Tubman National Historical Park established by section 3(b)(1)(A); and
(C) the National
Underground Railroad Network to Freedom.
(e)
Authorization
of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
3.
Harriet tubman
national historical park, auburn, New York
(a)
Definitions
In
this section:
(1)
Historical
park
The term historical park means the Harriet
Tubman National Historical Park established by subsection (b)(1)(A).
(2)
Home
The
term Home means The Harriet Tubman Home, Inc., located in Auburn,
New York.
(3)
Map
The
term map means the map entitled Harriet Tubman National
Historical Park, numbered T18/80,000, and dated March 2009.
(4)
Secretary
The
term Secretary means the Secretary of the Interior.
(5)
State
The
term State means the State of New York.
(b)
Harriet tubman
national historical park
(1)
Establishment
(A)
In
general
Subject to subparagraph (B), there is established the
Harriet Tubman National Historical Park in Auburn, New York, as a unit of the
National Park System.
(B)
Determination
by secretary
The historical park shall not be established until
the date on which the Secretary determines that a sufficient quantity of land,
or interests in land, has been acquired to constitute a manageable park
unit.
(C)
Notice
Not
later than 30 days after the date on which the Secretary makes a determination
under subparagraph (B), the Secretary shall publish in the Federal Register
notice of the establishment of the historical park.
(D)
Map
The
map shall be on file and available for public inspection in appropriate offices
of the National Park Service.
(2)
Boundary
The
historical park shall include the Harriet Tubman Home, the Tubman Home for the
Aged, the Thompson Memorial AME Zion Church and Rectory, and associated land,
as identified in the area entitled National Historical Park Proposed
Boundary on the map.
(3)
Purpose
The
purpose of the historical park is to preserve and interpret for the benefit of
present and future generations the historical, cultural, and natural resources
associated with the life of Harriet Tubman.
(4)
Land
acquisition
The Secretary may acquire land and interests in land
within the areas depicted on the map by purchase from a willing seller,
donation, or exchange.
(c)
Administration
(1)
In
general
The Secretary shall administer the historical park in
accordance with this section and the laws generally applicable to units of the
National Park System, including—
(A) the National Park
System Organic Act (16 U.S.C. 1 et seq.); and
(B) the Act of August
21, 1935 (16 U.S.C. 461 et seq.).
(2)
Interpretive
tours
The Secretary may provide interpretive tours to sites and
resources located outside the boundary of the historical park in Auburn, New
York, relating to the life of Harriet Tubman.
(3)
Cooperative
agreements
(A)
In
general
The Secretary may enter into a cooperative agreement with
the owner of any land within the historical park to mark, interpret, or restore
nationally significant historic or cultural resources relating to the life of
Harriet Tubman, if the agreement provides that—
(i) the
Secretary shall have the right of access to any public portions of the land
covered by the agreement to allow for—
(I) access at
reasonable times by historical park visitors to the land; and
(II) interpretation
of the land for the public; and
(ii) no
changes or alterations shall be made to the land except by mutual agreement of
the Secretary and the owner of the land.
(B)
Research
The
Secretary may enter into a cooperative agreement with the State, political
subdivisions of the State, institutions of higher education, the Home and other
nonprofit organizations, and individuals to conduct research relating to the
life of Harriet Tubman.
(C)
Cost-sharing
requirement
(i)
Federal
share
The Federal share of the total cost of any activity carried
out under this paragraph shall not exceed 50 percent.
(ii)
Form of
non-Federal share
The non-Federal share may be in the form of
in-kind contributions or goods or services fairly valued.
(D)
Attorney
general
(i)
In
general
The Secretary shall submit to the Attorney General for
review any cooperative agreement under this paragraph involving religious
property or property owned by a religious institution.
(ii)
Finding
No
cooperative agreement subject to review under this subparagraph shall take
effect until the date on which the Attorney General issues a finding that the
proposed agreement does not violate the Establishment Clause of the first
amendment to the Constitution.
(d)
General
management plan
(1)
In
general
Not later than 3 years after the date on which funds are
made available to carry out this section, the Secretary shall prepare a general
management plan for the historical park in accordance with section 12(b) of the
National Park Service General Authorities Act (16 U.S.C. 1a–7(b)).
(2)
Coordination
The
Secretary shall coordinate the preparation and implementation of the management
plan with—
(A) the Harriet
Tubman Underground Railroad National Historical Park established by section
2(b)(1); and
(B) the National
Underground Railroad Network to Freedom.
(e)
Authorization
of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this Act, except that not more than
$7,500,000 shall be available to provide financial assistance under subsection
(c)(3).