[Congressional Record Volume 155, Number 7 (Tuesday, January 13, 2009)]
[Senate]
[Pages S342-S345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Mrs. Clinton, Ms. Mikulski, and Mr. 
        Schumer):
  S. 227. 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; to the Committee on Energy and 
Natural Resources.
  Mr. CARDIN. Mr. President, today I am proud to introduce The Harriet 
Tubman National Historical Park and The Harriet Tubman Underground

[[Page S343]]

Railroad National Historical Park Act. I am joined by Mrs. Clinton, Ms. 
Mikulski, and Mr. Schumer as original co-sponsors. We originally 
introduced nearly identical legislation last summer, but the press of 
legislative business did not allow for consideration of this important 
legislation. This year we will work for its prompt consideration and 
enactment.
  The woman, who is known to us as Harriet Tubman, was born Araminta 
``Minty'' Ross approximately 1822 in Dorchester County, Maryland. She 
spent nearly 30 years of her life as a slave on Maryland's Eastern 
Shore. As an adult she took the first name Harriet, and when she was 25 
she married John Tubman.
  Harriet Tubman escaped from slavery in 1849. She did so in the dead 
of night, navigating the maze of tidal streams and wetlands that are a 
hallmark of Maryland's Eastern Shore. She did so alone, demonstrating 
courage, strength and fortitude that became her hallmarks. Not 
satisfied with attaining her own freedom, she returned repeatedly for 
more than 10 years to the places of her enslavement in Dorchester and 
Caroline counties where, under the most adverse conditions, she led 
away many family members and other slaves to their freedom. Tubman 
became known as ``Moses'' by African-Americans and white abolitionists. 
She was perhaps the most famous and most important conductor in the 
network of resistance known as the Underground Railroad.
  During the Civil War, Tubman served the Union forces as a spy, a 
scout and a nurse. She served in Virginia, Florida, and South Carolina. 
She is credited with leading hundreds of slaves from those slave States 
to freedom during those years.
  Following the Civil War, Tubman settled in Auburn, NY. There she was 
active in the women's suffrage movement, and she also established the 
one of the first incorporated homes for aged African-Americans. In 1903 
she bequeathed the home to the African Methodist Episcopal Zion Church 
in Auburn. Harriet Tubman died in Auburn in 1913 and she is buried 
there in the Fort Hill Cemetery.
  Slaves were forced to live in primitive buildings even though many 
were skilled tradesmen who constructed the substantial homes of their 
owners. Not surprisingly, few of the structures associated with the 
early years of Tubman's life still stand. The landscapes of the Eastern 
Shore of Maryland, however, remain evocative of the time that Tubman 
lived there. Farm fields and forests dot the landscape, which is also 
notable for its extensive network of tidal rivers and wetlands. In 
particular, a number of properties including the homestead of Ben Ross, 
her father, Stewart's Canal, where he worked, the Brodess Farm, where 
she worked as a slave, and others are within the boundaries of the 
Blackwater National Wildlife Refuge.
  Similarly, Poplar Neck, the plantation from which she escaped to 
freedom, is still largely intact in Caroline County. The properties in 
Talbot County, immediately across the Choptank River from the 
plantation, are today protected by various conservation easements. Were 
she alive today, Tubman would recognize much of the landscape that she 
knew intimately as she secretly led black men, women and children to 
their freedom.

  In New York, on the other hand, many of the buildings associated with 
Tubman's life remain intact. Her personal home, as well as the Tubman 
Home for the Aged, the church and rectory of the Thompson Memorial AME 
Zion Episcopal Church, and the Fort Hill Cemetery are all extant.
  In 1999, the Congress approved legislation authorizing a Special 
Resource Study to determine the appropriateness of establishing a unit 
of the National Park Service to honor Harriet Tubman. The Study has 
taken an exceptionally long time to complete, in part because of the 
lack of remaining structures on Maryland's Eastern Shore. There has 
never been any doubt that Tubman led an extraordinary life. Her 
contributions to American history are surpassed by few. Determining the 
most appropriate way to recognize that life and her contributions, 
however, as been more difficult. Eventually, the Park Service came to 
realize that determined that a Park that would include two 
geographically separate units would be appropriate. The New York unit 
would include the tightly clustered Tubman buildings in Auburn. The 
Maryland portion would include large sections of landscapes that are 
evocative of Tubman's time and are historically relevant. The Harriet 
Tubman National Historical Park and The Harriet Tubman Underground 
Railroad National Historical Park Act, S. 3383, was first introduced on 
July 31, 2008. The Special Resource Study will be finalized and 
released in the near future.
  The legislation I am introducing today establishes two parks. The 
Harriet Tubman National Historical Park includes important historical 
structures in Auburn, New York. They include Tubman's home, the Home 
for the Aged that she established, the African Methodist Episcopal AME 
Zion Church, and the Fort Hill Cemetery where she is buried.
  The Harriet Tubman Underground Railroad National Historical Park 
includes historically important landscapes in Dorchester, Caroline, and 
Talbot counties, Maryland, that are evocative of the life of Harriet 
Tubman. The Maryland properties include about 2,200 acres in Caroline 
County that comprise the Poplar Neck plantation that Tubman escaped 
from in 1849. The 725 acres of viewshed across the Choptank River in 
Talbot County would also be included in the Park. In Dorchester County, 
the parcels would not be contiguous, but would include about 2,775 
acres. All of them are included within the Blackwater National Wildlife 
Refuge boundaries or abut that resource land. The National Park Service 
would not own any of these lands.
  The bill authorizes $11 million in grants for the New York properties 
for their preservation, rehabilitation, and restoration of those 
resources.
  The bill authorizes an additional $11 million in grants for the 
Maryland section. Funds can be used for the construction of the State 
Harriet Tubman Park Visitors Center and/or for easements or acquisition 
of properties inside or adjacent to the Historical Park boundaries.
  Finally, the bill also authorizes a new grants program. Under the 
program, the National Park Service would award 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. The legislation 
authorizes $200,000 annually for this scholarship program.
  Harriet Tubman was a true American patriot. She was someone for whom 
liberty and freedom were not just concepts. She lived those principles 
and shared that freedom with hundreds of others. In doing so, she has 
earned a nation's respect and honor. That is why I am so proud to 
introduce this legislation, establishing the Harriet Tubman National 
Historical Park and the Harriet Tubman Underground Railroad National 
Historical Park.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 227

       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

[[Page S344]]

       (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

[[Page S345]]

     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.
                                 ______