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16 U.S.C. § 410tttHarriet Tubman National Historical Park, Auburn, New York

submitted 12 years ago by Pub. L. 113-291 to r/title-16-CONSERVATION · 792 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Harriet Tubman National Historical Park in Auburn, New York, once the Secretary of the Interior decides enough land has been gathered. The park protects Tubman's home, the Tubman Home for the Aged, and a nearby church tied to her life. Land can only be bought from willing sellers, donated, or traded — never forced.

(a) Definitions: This section defines "historical park" as the park created under subsection (b)(1)(A); "Home" as the Harriet Tubman Home, Inc., in Auburn, New York; "map" as the official March 2009 boundary map; "Secretary" as the Secretary of the Interior; and "State" as New York. (b) Harriet Tubman National Historical Park: (1) Establishment: (A) The historical park is created in Auburn, New York, as a National Park System unit, subject to (B). (B) The park does not officially exist until the Secretary decides enough land or land rights have been gathered to make a workable park unit. (C) Within 30 days of that decision, the Secretary must publish notice of the park's creation in the Federal Register. (D) The map must be on file and open for public inspection at Park Service offices. (2) Boundary: 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 as the proposed boundary. (3) Purpose: The park exists to protect and explain, for people now and later, the historical, cultural, and natural resources tied to Harriet Tubman's life. (4) Land acquisition: (A) The Secretary can get land inside the mapped area by buying from a willing seller, by donation, or by trade. (B) The Secretary cannot use condemnation to force any owner to sell. (c) Administration: (1) The Secretary must run the park under this section and the laws generally applicable to National Park System units, including the National Park System Organic Act and the Historic Sites Act of 1935. (2) The Secretary may offer guided tours to Tubman-related sites outside the park, in Auburn. (3) Agreements: (A) The Secretary may agree with a landowner to mark, interpret, or restore historic or cultural resources tied to Tubman, if the agreement lets the Secretary access public parts of the land for visitors and interpretation, and requires mutual agreement before any changes are made to the land. (B) The Secretary may agree with the State, local governments, colleges, the Home, other nonprofits, and individuals to do Tubman-related research. (C) The federal share of any activity's cost cannot exceed 50%; the rest can be in-kind contributions or fairly valued goods and services. (D) Any agreement involving religious property or a religious institution must go to the Attorney General for review, and cannot take effect until the Attorney General finds it does not violate the First Amendment's Establishment Clause. (d) General management plan: (1) Within 3 years of funds becoming available, the Secretary must write a general management plan following section 100502 of title 54. (2) The Secretary must coordinate this plan with the Harriet Tubman Underground Railroad National Historical Park (established by section 410sss) and the National Underground Railroad Network to Freedom.
the actual law source: uscode.house.gov ↗public domain
(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
(A) In general

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 condemnation

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

(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.); 1 and

(B)

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

(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) Agreements
(A) In general

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) Research

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) 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 agreement under this paragraph involving religious property or property owned by a religious institution.

(ii) Finding

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) 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) 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 410sss of this title; and

(B)

the National Underground Railroad Network to Freedom.

Source credit: (Pub. L. 113–291, div. B, title XXX, § 3036, Dec. 19, 2014, 128 Stat. 3780; Pub. L. 114–289, title VI, § 601(d), Dec. 16, 2016, 130 Stat. 1491.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-291 · 128 Stat. 3780
  • 2016Amended · Pub. L. 114-289 · 130 Stat. 1491

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-291 on 2014-12-19.

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