16 U.S.C. § 410sss (CONSERVATION)
§ 410sss. 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 “Harriet Tubman Underground Railroad National Historical Park, Proposed Boundary and Authorized Acquisition Areas”, numbered T20/80,001A, and dated March 2014.
(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
There is established as a unit of the National Park System the Harriet Tubman Underground Railroad National Historical Park in the State, consisting of the area depicted on the map as “Harriet Tubman Underground Railroad National Historical Park Boundary”.
(B) Boundary
The boundary of the historical park shall consist of—
(i) the land described in subparagraph (A); and
(ii) any land and interests in land acquired under paragraph (3).
(C) Availability of map
The map 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 for the National Historical Park” only by purchase from willing sellers, donation, or exchange.
(B) Limitation
The Secretary may not acquire land or an interest in land for purposes of this section by condemnation.
(C) 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 and the portion of the Harriet Tubman Underground Railroad National Monument administered by the National Park Service as a single unit of the National Park System, which shall be known as the “Harriet Tubman Underground Railroad National Historical Park”.
(2) Applicable law
The Secretary shall administer the historical park in accordance with this section, Presidential Proclamation Number 8943 (78 Fed. Reg. 18763), 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.); 1 and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).1
(3) Interagency agreement
Not later than 1 year after December 19, 2014, 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 archeological research and the 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.
(4) 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.
(5) Land uses and agreements
Nothing in this section affects—
(A) land within the boundaries of the Blackwater National Wildlife Refuge;
(B) agreements between the Secretary and private landowners regarding hunting, fishing, farming, or other activities; or
(C) land use rights of private property owners within or adjacent to the historical park or the Harriet Tubman Underground Railroad National Monument, including activities or uses on private land that can be seen or heard within the historical park or the Harriet Tubman Underground Railroad National Monument.
(6) Agreements
(A) In general
The Secretary may enter into an 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 an agreement 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 100502 of title 54.
(2) Consultation
The general management plan shall be prepared in consultation with the State (including political subdivisions of the State).
(3) Public comment
The Secretary shall—
(A) hold not less than 1 public meeting in the area of the historical park on the proposed general management plan, including opportunity for public comment; and
(B) publish the draft general management plan on the internet and provide an opportunity for public comment on the plan.
(4) 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 410ttt of this title; and
(C) the National Underground Railroad Network to Freedom.
(Pub. L. 113–291, div. B, title XXX, § 3035, Dec. 19, 2014, 128 Stat. 3778; Pub. L. 114–289, title VI, § 601(e), Dec. 16, 2016, 130 Stat. 1491.)
heading: Editorial Notes
heading: References in Text
text: Presidential Proclamation Number 8943, referred to in subsec. (c)(2), is listed in a table of National Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs.
The National Park System Organic Act (16 U.S.C. 1 et seq.), referred to in subsec. (c)(2)(A), probably means the National Park Service Organic Act, act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
The Act of August 21, 1935 (16 U.S.C. 461 et seq.), referred to in subsec. (c)(2)(B), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
heading: Codification
text: In subsec. (d)(1), “section 100502 of title 54” substituted for “section 12(b) of the National Park Service General Authorities Act (16 U.S.C. 1a–7(b))” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.
heading: Amendments
text: 2016—Subsec. (d)(4)(B). Pub. L. 114–289 made technical amendment to reference in original act which appears in text as reference to section 410ttt of this title.