§410ttt — Title 16 Conservation | U.S. Code

Summary

Historical park means the Harriet Tubman National Historical Park to be created in Auburn, New York. Home means The Harriet Tubman Home, Inc. Map means the map titled “Harriet Tubman National Historical Park,” number T18/80,000, dated March 2009. Secretary means the Secretary of the Interior. State means the State of New York. The law creates the Harriet Tubman National Historical Park in Auburn once the Secretary decides enough land or land interests have been acquired to make a manageable park. Within 30 days after that decision, the Secretary must publish a notice in the Federal Register. The official map will be kept on file for the public. The park includes the Harriet Tubman Home, the Tubman Home for the Aged, the Thompson Memorial AME Zion Church and Rectory, and nearby land shown on the map. The park’s job is to preserve and interpret the places and stories tied to Harriet Tubman. The Secretary may buy, accept donations of, or exchange land from willing sellers only; condemnation (eminent domain) is not allowed. The park will be run under the usual National Park Service laws, including the National Park System Organic Act and the Act of August 21, 1935. The Secretary may lead tours to related sites outside the park and may make agreements with landowners to mark, interpret, or restore historic places if the public can access agreed parts and any changes are by mutual agreement. The Secretary may also partner with the State, local governments, colleges, the Home, nonprofits, and individuals for research. The Federal share of costs for these activities cannot exceed 50 percent; non-Federal shares can be in-kind. Any agreement involving religious property must be reviewed by the Attorney General and cannot take effect until the Attorney General finds it does not violate the Establishment Clause. The Secretary must finish a general management plan within 3 years after funds are made available and must coordinate that plan with the Harriet Tubman Underground Railroad National Historical Park and the National Underground Railroad Network to Freedom.

Title 16, §410ttt

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “historical park” means the Harriet Tubman National Historical Park established by subsection (b)(1)(A).

(2)The term “Home” means The Harriet Tubman Home, Inc., located in Auburn, New York.

(3)The term “map” means the map entitled “Harriet Tubman National Historical Park”, numbered T18/80,000, and dated March 2009.

(4)The term “Secretary” means the Secretary of the Interior.

(5)The term “State” means the State of New York.

(b)(1)(A)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)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)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)The map shall be on file and available for public inspection in appropriate offices of the National Park Service.

(2)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)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)(A)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.

(B)No land or interest in land within the areas depicted on the map may be acquired by condemnation.

(c)(1)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.); 11 See References in Text note below. and

(B)the Act of August 21, 1935 (16 U.S.C. 461 et seq.).1

(2)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)(A)The Secretary may enter into an 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)The Secretary may enter into an 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)(i)The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent.

(ii)The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued.

(D)(i)The Secretary shall submit to the Attorney General for review any agreement under this paragraph involving religious property or property owned by a religious institution.

(ii)No 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)(1)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)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 410sss of this title; and

(B)the National Underground Railroad Network to Freedom.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Park System Organic Act (16 U.S.C. 1 et seq.), referred to in subsec. (c)(1)(A), probably means the National Park Service Organic Act, act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted section 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 section 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)(1)(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 section 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. Codification 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. Section is comprised of section 3036 of Pub. L. 113–291. Subsec. (e) of section 3036 of Pub. L. 113–291 amended section 101(b)(12) of Pub. L. 104–303, title I, Oct. 12, 1996, 110 Stat. 3667, which is not classified to the Code.

Amendments

2016—Subsec. (d)(2)(A). Pub. L. 114–289, which directed technical amendment to reference in subsec. (d)(4)(B) of original act which appears in text as reference to section 410sss of this title, was executed to subsec. (d)(2)(A) of this section, to reflect the probable intent of Congress.

§410ttt Harriet Tubman National Historical Park, Auburn, New York