[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 270 Enrolled Bill (ENR)]
S.270
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
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
Historical Park Expansion and Redesignation Act''.
SEC. 2. REDESIGNATION OF THE BROWN V. BOARD OF EDUCATION NATIONAL
HISTORICAL PARK.
(a) In General.--The Brown v. Board of Education National Historic
Site established by section 103(a) of Public Law 102-525 (106 Stat.
3439) shall be known and designated as the ``Brown v. Board of
Education National Historical Park''.
(b) References.--Any reference in any law, regulation, document,
record, map, or other paper of the United States to the Brown v. Board
of Education National Historic Site shall be considered to be a
reference to the ``Brown v. Board of Education National Historical
Park''.
(c) Conforming Amendments.--Title I of Public Law 102-525 (106
Stat. 3438) is amended--
(1) in the title heading, by striking ``HISTORIC SITE'' and
inserting ``HISTORICAL PARK'';
(2) in sections 101(2) and 103(a), by striking ``National
Historic Site'' each place it appears and inserting ``National
Historical Park'';
(3) in the section heading for each of sections 103 and 105, by
striking ``historic site'' each place it appears and inserting
``historical park''; and
(4) by striking ``historic site'' each place it appears and
inserting ``historical park''.
SEC. 3. EXPANSION OF THE BROWN V. BOARD OF EDUCATION NATIONAL
HISTORICAL PARK AND ESTABLISHMENT OF AFFILIATED AREAS.
(a) Purpose.--The purpose of this section is to honor the civil
rights stories of struggle, perseverance, and activism in the pursuit
of education equity.
(b) Definitions.--Section 101 of Public Law 102-525 (106 Stat.
3438) (as amended by section 2(c)) is amended--
(1) in the matter preceding paragraph (1), by striking ``As
used in this title--'' and inserting ``In this title:'';
(2) in paragraph (1), by striking ``the term'' and inserting
the ``The term'';
(3) in each of paragraphs (1) and (2), by inserting a paragraph
heading, the text of which is comprised of the term defined in that
paragraph;
(4) by redesignating paragraphs (1) and (2) as paragraphs (3)
and (2), respectively, and moving the paragraphs so as to appear in
numerical order; and
(5) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) Affiliated area.--The term `affiliated area' means a site
associated with a court case included in Brown v. Board of
Education of Topeka described in paragraph (8), (9), or (10) of
section 102(a) that is designated as an affiliated area of the
National Park System by section 106(a).''.
(c) Findings.--Section 102(a) of Public Law 102-525 (106 Stat.
3438) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (5)
and (6), respectively;
(2) by inserting after paragraph (2), the following:
``(3) The Brown case was joined by 4 other cases relating to
school segregation pending before the Supreme Court (Briggs v.
Elliott, filed in South Carolina, Davis v. County School Board of
Prince Edward County, filed in Virginia, Gebhart v. Belton, filed
in Delaware, and Bolling v. Sharpe, filed in the District of
Columbia) that were consolidated into the case of Brown v. Board of
Education of Topeka.
``(4) A 1999 historic resources study examined the 5 cases
included in Brown v. Board of Education of Topeka and found that
each case--
``(A) is nationally significant; and
``(B) contributes unique stories to the case for
educational equity.''; and
(3) by inserting after paragraph (6) (as so redesignated), the
following:
``(7) With respect to the case of Briggs v. Elliott--
``(A) Summerton High School in Summerton, South Carolina,
the all-White school that refused to admit the plaintiffs in
the case--
``(i) has been listed on the National Register of
Historic Places in recognition of the national significance
of the school; and
``(ii) is used as administrative offices for Clarendon
School District 1; and
``(B) the former Scott's Branch High School, an
`equalization school' in Summerton, South Carolina constructed
for African-American students in 1951 to provide facilities
comparable to those of White students, is now the Community
Resource Center owned by Clarendon School District 1.
``(8) Robert Russa Moton High 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--
``(A) has been designated as a National Historic Landmark
in recognition of the national significance of the school; and
``(B) is now the Robert Russa Moton Museum, which is
administered by the Moton Museum, Inc., and affiliated with
Longwood University.
``(9) With respect to the case of Belton v. Gebhart--
``(A) Howard High School in Wilmington, Delaware, an all-
Black school to which the plaintiffs in the case were forced to
travel--
``(i) has been designated as a National Historic
Landmark in recognition of the national significance of the
school; and
``(ii) is now the Howard High School of Technology, an
active school administered by the New Castle County
Vocational-Technical School District;
``(B) the all-White Claymont High School, which denied
admission to the plaintiffs, is now the Claymont Community
Center administered by the Brandywine Community Resource
Council, Inc.; and
``(C) the Hockessin School #107C (Hockessin Colored
School)--
``(i) is the all-Black school in Hockessin, Delaware,
that 1 of the plaintiffs in the case was required to attend
with no public transportation provided; and
``(ii) is now used as a community facility by Friends
of Hockessin Colored School #107, Inc.
``(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--
``(A) has been designated as a National Historic Landmark
in recognition of the national significance of the school;
``(B) is now known as the `John Philip Sousa Middle
School'; and
``(C) is owned by the District of Columbia Department of
General Services and administered by the District of Columbia
Public Schools.''.
(d) Purposes.--Section 102(b)(3) of Public Law 102-525 (106 Stat.
3438) is amended--
(1) by inserting ``, protection,'' after ``preservation'';
(2) by striking ``the city of Topeka'' and inserting ``Topeka,
Kansas, Summerton, South Carolina, Farmville, Virginia, Wilmington,
Claymont, and Hockessin, Delaware, and the District of Columbia'';
and
(3) by inserting ``and the context of Brown v. Board of
Education'' after ``civil rights movement''.
(e) Boundary Adjustment.--Section 103 of Public Law 102-525 (106
Stat. 3439) is amended by adding at the end the following:
``(c) Boundary Adjustment.--
``(1) Additions.--In addition to the land described in
subsection (b), the historical park shall include the land and
interests in land, as generally depicted on the map entitled `Brown
v. Board of Education National Historical Park Boundary Additions
and Affiliated Areas', numbered 462/178,449, and dated February
2022, and more particularly described as--
``(A) the Summerton High School site in Summerton,
Clarendon County, South Carolina;
``(B) the former Scott's Branch High School site in
Summerton, Clarendon County, South Carolina; and
``(C) approximately 1 acre of land adjacent to Monroe
Elementary School in Topeka, Shawnee County, Kansas.
``(2) Map.--The map described in paragraph (1) shall be on file
and available for public inspection in the appropriate offices of
the National Park Service.''.
(f) Property Acquisition.--Section 104 of Public Law 102-525 (106
Stat. 3439) is amended--
(1) in the first sentence, by striking ``section 103(b)'' and
inserting ``subsections (b) and (c) of section 103'';
(2) in the second sentence, by striking ``States of Kansas''
and inserting ``State of Kansas or South Carolina''; and
(3) in the proviso--
(A) by striking ``: Provided, however, That the'' and
inserting ``. The''; and
(B) by inserting ``or by condemnation of any land or
interest in land within the boundaries of the historical park''
after ``without the consent of the owner''.
(g) General Management Plan.--Section 105 of Public Law 102-525
(106 Stat. 3439) is amended by striking subsection (c) and inserting
the following:
``(c) Amendment to General Management Plan.--The Secretary shall
prepare and submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House of
Representatives an amendment to the management plan for the historical
park to include the portions of the historical park in Summerton,
Clarendon County, South Carolina.''.
(h) Affiliated Areas.--Public Law 102-525 (106 Stat. 3438) is
amended--
(1) by redesignating section 106 as section 107; and
(2) by inserting after section 105 the following:
``SEC. 106. ESTABLISHMENT OF THE BROWN V. BOARD OF EDUCATION
AFFILIATED AREAS.
``(a) In General.--On the date on which the Secretary determines
that an appropriate management entity has been identified for the
applicable affiliated area, as generally depicted on the map described
in section 103(c)(1), the following shall be established as affiliated
areas of the National Park System:
``(1) The Robert Russa Moton Museum in Farmville, Virginia.
``(2) The Delaware Brown v. Board of Education Civil Rights
Sites, to include--
``(A) the former Howard High School in Wilmington,
Delaware;
``(B) Claymont High School in Claymont, Delaware; and
``(C) Hockessin Colored School #107 in Hockessin, Delaware.
``(3) The John Philip Sousa Middle School in the District of
Columbia.
``(b) Administration.--Each affiliated area shall be managed in a
manner consistent with--
``(1) this title; and
``(2) the laws generally applicable to units of the National
Park System.
``(c) Management Plans.--
``(1) In general.--The Secretary, in consultation with the
management entity for the applicable affiliated area, shall develop
a management plan for each affiliated area.
``(2) Requirements.--A management plan under paragraph (1)
shall--
``(A) be prepared in consultation and coordination with
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 the
management entity in administering and interpreting the
affiliated area in a manner that 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 historical park.
``(3) Public comment.--The Secretary shall--
``(A) hold not less than 1 public meeting in the general
proximity of each affiliated area on the proposed management
plan, which shall include opportunities for public comment; and
``(B)(i) publish the draft management plan on the internet;
and
``(ii) provide an opportunity for public comment on the
draft management plan.
``(4) Submission.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of
the House of Representatives the management plan for each
affiliated area developed under paragraph (1).
``(d) Cooperative Agreements.--The Secretary may provide technical
and financial assistance to, 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 applicable affiliated area.
``(e) Land Use.--Nothing in this section affects--
``(1) land use rights of private property owners within or
adjacent to an affiliated area, including activities or uses on
private land that can be seen or heard within an affiliated area;
or
``(2) the authority of management entities to operate and
administer the affiliated areas.
``(f) Limited Role of the Secretary.--
``(1) In general.--Nothing in this section authorizes the
Secretary--
``(A) to acquire land in an affiliated area; or
``(B) to assume financial responsibility for the operation,
maintenance, or management of an affiliated area.
``(2) Ownership.--Each affiliated area shall continue to be
owned, operated, and managed by the applicable public or private
owner of the land in the affiliated area.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.