[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 227 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 227

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

                            January 13, 2009

 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 1 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, 1 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;
            (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; 
        and
            (11) in addition to the properties and resources within the 
        boundary of the Harriet Tubman Underground Railroad National 
        Historical Park, other associated land within the Blackwater 
        National Wildlife Refuge and proposed additions to the Refuge 
        are--
                    (A) components of the nationally significant 
                Harriet Tubman landscape; and
                    (B) essential to the visual, historical, and 
                cultural experiences of the Historical Park.
    (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, the 
        Harriet Tubman historic landscape, and the Underground 
        Railroad.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Church.--The term ``Church'' means the Harriet Tubman 
        Home, Inc., of the AME Zion Church located in Auburn, New York, 
        which owns and manages--
                    (A) the Thompson Memorial AME Zion Church;
                    (B) the Harriet Tubman home;
                    (C) the Tubman Home for the Aged; and
                    (D) the land on which those facilities are located.
            (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 and Cooperative Agreements.--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, the Church, colleges and 
        universities, 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 and Cooperative Agreements.--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, with the 
        concurrence of the owner of the property, 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 area identified as the ``Harriet Tubman Historic 
        Area'' on the map described in subsection (b)(1).
    (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.
    (i) Duties of Other Federal Entities.--Any Federal entity 
conducting, supporting, permitting, or licensing activities directly 
affecting nationally significant land within the area identified as the 
``Harriet Tubman Historic Area'' on the map described in subsection 
(b)(1) shall--
            (1) consult and cooperate with the Secretary with respect 
        to the activities;
            (2) identify any alternatives with regard to the proposed 
        activity affecting the Harriet Tubman Historic Area; and
            (3) to the maximum extent practicable, conduct, support, 
        permit, or license the activities in a manner that the 
        Secretary determines would not have an adverse effect on the 
        Harriet Tubman Historic Area.

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 administered 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) $11,000,000 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, 
        political subdivisions of the State of Maryland, and nonprofit 
        organizations for activities authorized under subsections 
        (d)(1) and (e)(4)(A) of section 5; and
            (3) $200,000 for fiscal year 2010 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.
                                 <all>