S.Amdt. 2896Senate112th Congress (2011-2013)2nd degree

S.Amdt. 2896

Submitted November 14, 2012

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Senate amendment submitted

November 14, 2012

Text

Submitted

SA 2896. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S.
3525, to protect and enhance opportunities for recreational hunting,
fishing, and shooting, and for other purposes; which was ordered to lie
on the table; as follows:

At the end of the bill, add the following:

TITLE III--NATIONAL HISTORICAL PARKS

SEC. 301. 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

[[Page S6808]]

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 302(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. 302. 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 301(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 section, except that not more than $7,500,000 shall be
available to provide financial assistance under subsection
(c)(3).
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