[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4622 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 4622
To amend the Act entitled ``Act to provide for the establishment of the
Brown v. Board of Education National Historic Site in the State of
Kansas, and for other purposes'' to provide for inclusion of additional
related sites in the National Park System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 2020
Mr. Coons (for himself, Mr. Graham, Mr. Warner, Mr. Scott of South
Carolina, Mr. Kaine, and Mr. Carper) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Act entitled ``Act to provide for the establishment of the
Brown v. Board of Education National Historic Site in the State of
Kansas, and for other purposes'' to provide for inclusion of additional
related sites in the National Park System, and for other purposes.
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 ``Brown v. Board of Education National
Historic Site Expansion Act''.
SEC. 2. EXPANSION OF THE BROWN V. BOARD NATIONAL HISTORIC SITE.
In order to honor the civil rights stories of struggle,
perseverance, and activism in the pursuit of education equity, the Act
entitled ``Act to provide for the establishment of the Brown v. Board
of Education National Historic Site in the State of Kansas, and for
other purposes'' approved October 26, 1992 (Public Law 102-525; 106
Stat. 3438 et seq.) is amended as follows:
(1) In section 101, by adding at the end the following new
paragraph:
``(3) The terms `affiliated area' and `affiliated areas'
mean one or more of the locations associated with the four
court cases included in Brown v. Board of Education of Topeka
described in section 102(a)(8), (9), and (10).''.
(2) In section 102(a)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (6), respectively;
(B) by inserting after paragraph (2), the
following:
``(3) The Brown case was joined by four other cases related
to school segregation pending before the Supreme Court (Briggs
v. Elliott, filed in South Carolina; Davis v. County School
Board of Prince Edward County, Spottswood Thomas Bolling, et
al., Petitioners, v. C. Melvin Sharpe, President of the
District of Columbia Board of Education, et al., filed in
Virginia; Gebhart v. Belton, filed in Delaware; and Bolling v.
Sharpe, filed in the District of Columbia) and consolidated
into one case named Brown v. Board of Education of Topeka.
``(4) A 1999 historic resources study examined the five
cases included in Brown v. Board of Education of Topeka and
found each to be nationally significant and to contribute
unique stories to the case for educational equity.''; and
(C) by inserting after paragraph (6) (as so
redesignated by this section), the following:
``(7) Summerton High School in South Carolina, the all-
White school that refused to admit the plaintiffs in Briggs v.
Elliott, has been listed on the National Register of Historic
Places in recognition of its national significance and is used
as administrative offices for Clarendon School District 1.
Other sites include former Scott's Branch High School, an
`equalization school' constructed for African-American students
in 1951 to provide facilities comparable to those of White
students and that is now the Community Resource Center owned by
Clarendon School District 1.
``(8) Robert Russa Moton School, the all-Black school in
Farmville, Virginia, which was the location of a student-led
strike leading to Davis v. County School Board of Prince Edward
County, Spottswood Thomas Bolling, et al., Petitioners, v. C.
Melvin Sharpe, President of the District of Columbia Board of
Education, et al., has been designated a National Historic
Landmark in recognition of its national significance. The
school, now the Robert Russa Moton Museum, is governed by the
Moton Museum, Inc., and affiliated with Longwood University.
``(9) Howard High School in Wilmington, Delaware, an all-
Black school to which plaintiffs in Belton v. Gebhart were
forced to travel, has been designated a National Historic
Landmark in recognition of its national significance. Now the
Howard High School of Technology, it is an active school
administered by the New Castle County Vocational-Technical
School District. The all-White Claymont High School, which
denied plaintiffs admission, is now the Claymont Community
Center administered by the Brandywine Community Resource
Council, Inc. The Hockessin School #107C (Hockessin Colored
School) is the all-Black school in Hockessin, Delaware that one
of the plaintiffs in Belton v. Gebhart was required to attend
with no public transportation provided. The former Hockessin
School building is utilized by Friends of Hockessin Colored
School #107, Inc. as a community facility.
``(10) John Philip Sousa Junior High School in the District
of Columbia, the all-White school that refused to admit
plaintiffs in Bolling v. Sharpe, has been designated a National
Historic Landmark in recognition of its national significance.
John Philip Sousa Junior High School, now John Philip Sousa
Middle School, is owned by the District of Columbia Department
of General Services and administered by the District of
Columbia Public Schools.''.
(3) In section 102(b)(3)--
(A) by inserting ``, protection,'' after
``preservation'';
(B) by inserting ``, Kansas; Summerton, South
Carolina; Farmville, Virginia; Wilmington and
Hockessin, Delaware; and the District of Columbia''
after ``Topeka''; and
(C) by inserting ``and the context of Brown v.
Board of Education'' after ``civil rights movement''.
(4) In section 103, by inserting after subsection (b) the
following:
``(c) Boundary Adjustment.--
``(1) In general.--In addition to land described in
subsection (b), the historic site shall consist of land and
interests in land identified as Summerton High School and
Scott's Branch High School located in Clarendon County, South
Carolina, after such land, or interests in land, is acquired by
the Secretary and the determination is made under paragraph
(2).
``(2) Determination by secretary.--The historic site shall
not be expanded 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.
``(3) Notice.--Not later than 30 days after the date on
which the Secretary makes a determination under paragraph (2),
the Secretary shall publish in the Federal Register notice of
the expansion of the historic site.
``(4) Map.--After the determination in subsection (2), the
Secretary shall publish a new map of the historic site to
include land or interests in land acquired under this
subsection.''.
(5) In section 104--
(A) by striking ``section 103(b)'' and inserting
``subsections (b) and (c) of section 103'';
(B) by striking ``: Provided, however, That the''
inserting ``The''; and
(C) by adding before the final period the
following: ``nor by condemnation of any land or
interest in land within the boundaries of the historic
site''.
(6) In section 105(c), by inserting before the final period
the following: ``in Topeka, Kansas. After the boundary
adjustment under section 103(c), the Secretary shall prepare
and submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a general management plan for the
historic site locations in Clarendon County, South Carolina''.
(7) By inserting after section 105, the following:
``SEC. 106. ESTABLISHMENT OF THE BROWN V. BOARD OF EDUCATION AFFILIATED
AREAS.
``(a) In General.--The locations associated with the three court
cases included in Brown v. Board of Education of Topeka described in
sections 102(a)(8), (9), and (10) are established as affiliated areas
of the National Park System.
``(b) Administration.--The affiliated areas shall be managed in
accordance with--
``(1) this section; and
``(2) any law generally applicable to units of the National
Park System.
``(c) General Management Plan.--
``(1) In general.--Not later than two years after the date
of the enactment of this Act, the Secretary, in consultation
with the management entity of each affiliated area, shall
develop a general management plan for each of the affiliated
areas in accordance with section 100502 of title 54, United
States Code. The general management plan shall--
``(A) be prepared in consultation and coordination
with the interested State, county, and local
governments, management entities, organizations, and
interested members of the public associated with the
affiliated area;
``(B) identify, as appropriate, the roles and
responsibilities of the National Park Service and
management entity in administering and interpreting the
affiliated area in such a manner that it does not
interfere with existing operations and continued use of
existing facilities; and
``(C) require the Secretary to coordinate the
preparation and implementation of the management plan
and interpretation of the affiliated area with the
Brown v. Board of Education National Historic Site.
``(2) Public comment.--The Secretary shall--
``(A) hold not less than one public meeting in the
general proximity of each affiliated area on the
proposed general management plan, including
opportunities for public comment; and
``(B) publish the draft general management plan on
the internet and provide an opportunity for public
comment.
``(3) Transmittal.--Not later than 3 years after the date
on which funds are made available to carry out this section,
the Secretary shall transmit the general management plan for
each affiliated area developed under subparagraph (1) to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate.
``(d) Management Entity.--The organizations described in paragraphs
(8), (9), and (10) of section 102(a) shall be the management entity for
its respective affiliated area.
``(e) Cooperative Agreements.--The Secretary may provide technical
assistance and grants and enter into cooperative agreements with the
management entity for each affiliated area to provide financial
assistance for the marketing, marking, interpretation, and preservation
of the respective affiliated area.
``(f) Land Use.--Nothing in this section affects land use rights of
private property owners within or adjacent to the affiliated areas,
including activities or uses on private land that can be seen or heard
within the affiliated areas and the authorities for management entities
to operate and administer the affiliated areas.
``(g) Limited Role of the Secretary.--Nothing in this section
authorizes the Secretary to acquire property in an affiliated area or
to assume overall financial responsibility for the operation,
maintenance, or management of an affiliated area. Each affiliated area
shall continue to be owned, operated, and managed by its respective
public and private owners.''.
(8) By redesignating section 106 as section 107.
(9) In section 107 (as so redesignated by this subsection),
by inserting before the period the following: ``at the historic
site, and there is authorized to be appropriated such sums as
are necessary to carry out sections 103(c) and 106''.
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