[Congressional Record Volume 157, Number 14 (Tuesday, February 1, 2011)]
[Senate]
[Pages S414-S417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Mr. Schumer, Ms. Mikulski, and Mrs. 
        Gillibrand):
  S. 247. 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, on the first day of Black History 
Month, I am proud to reintroduce The Harriet Tubman National Historical 
Park and The Harriet Tubman Underground Railroad National Historical 
Park Act. I am joined by Mr. Schumer, Ms. Mikulski, and Ms. Gillibrand 
as original co-sponsors.
  The woman, who is known to us as Harriet Tubman, was born in 
approximately 1822 in Dorchester County, Maryland and given the name 
Araminta, Minty, Ross. She spent nearly 30 years of her life in slavery 
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, to 
this day, comprise the Maryland Eastern Shore landscape. 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 
freedom in the Northeastern United States. Tubman became known as 
``Moses'' by African-Americans and white abolitionists. She is the most 
famous and most important conductor of the network of resistance known 
as the Underground Railroad.
  During the Civil War, Tubman served the Union forces as a spy, a 
scout and

[[Page S415]]

a nurse. She served in Virginia, Florida and South Carolina. She is 
credited with leading 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 one 
of the first incorporated African-American homes for aged. 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 master plan 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, has been exceedingly difficult. Eventually, the National Park 
Service determined that designating a Historical Park that would 
include two geographically separate units would be an appropriate 
tribute to the life of this extraordinary American. The New York unit 
would include the tightly clustered Tubman buildings in the town of 
Auburn. The Maryland portion would include large sections of landscapes 
that are evocative of Tubman's time and are historically relevant. The 
Special Resource Study, completed by the National Park Service in the 
Fall of 2008, confirmed these findings and on July 15, 2009, the 
National Park Service endorsed S. 227 as introduced in the 111th 
Congress during a legislative hearing in the Senate Energy and Natural 
Resources Committee.
  During the process of preparing S. 227 for markup in the Senate 
Energy and Natural Resources Committee, the Chairman of the Committee, 
Mr. Bingaman, drafted a substitute amendment of the bill. The contents 
of the Bingaman substitute are the result of his work to accommodate 
concerns that the Ranking Member on the Senate Energy and Natural 
Resources Committee had with S. 227 as introduced. An agreement was 
reached on the contents of the substitute amendment. An opportunity to 
mark up S. 227, consider the Bingaman substitute, and hold a vote in 
Committee never happened in the final months of the 111th Congress.
  The legislation I am introducing today incorporates the proposed 
changes from the Bingaman substitute to S. 227. The bill establishes 
two parks.
  The Harriet Tubman National Historical Park is comprised of important 
historical structures in Auburn, NY. 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.
  In Dorchester County, the parcels would not be contiguous, but would 
include about 2,775 acres. All of these parcels are located within the 
established master plan boundaries of the Blackwater National Wildlife 
Refuge but are not currently owned by the U.S. Fish and Wildlife 
Service. The four parcels located within the Blackwater National 
Wildlife Refuge Boundary, are sites significant to the life of Harriet 
Tubman. These parcels include the Anthony Thompson plantation parcel 
where Harriet Tubman likely was born, The Brodess Plantation parcel 
where Tubman worked as a young girl, the Cook Plantation parcel where 
as a teenager Harriet Tubman worked as a seamstress, and the Jacob 
Jackson parcel which is believed to be the location of one of the first 
safe houses along the Underground Railroad. The Park would be 
established upon the fee simple acquisition, by the National Park 
Service, of any of these parcels located within the current boundary of 
the Blackwater National Wildlife Refuge.
  Additional areas that would comprise the Harriet Tubman historic area 
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. These parcels are authorized to come under 
protection through conservation easements held by the private property 
owners.
  The bill authorizes such sums as necessary to meet the goals and 
objectives of the bill. Funds can be used for the construction of the 
Harriet Tubman Park Visitors Center, through a cost sharing 
requirement, for easements, or acquisition of the designated parcels 
eligible for fee simple acquisition.
  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.
  Harriet Tubman is one of many great Americans that we honor and 
celebrate every February during Black History Month. In schools across 
the country, American History curriculums teach our children about 
Tubman's courage, conviction, her fight for freedom and her 
contributions to the greatness of our nation during a contentious time 
in U.S. history. Now it is time to add to Tubman's legacy by 
preserving, protecting and commemorating the places evocative of 
Harriet Tubman's extraordinary life.
  I am so proud to introduce this legislation, establishing the Harriet 
Tubman National Historical Park and the Harriet Tubman Underground 
Railroad National Historical Park. I look forward to working with my 
colleagues to establish this important and fitting tribute to Harriet 
Tubman, a life worthy of recognition.
  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. 247

       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 Parks Act''.

     SEC. 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.

[[Page S416]]

       (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 Public 
     Law 91-383 (commonly known as 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.

     SEC. 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 Public 
     Law 91-383 (commonly

[[Page S417]]

     known as 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).
                                 ______