[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 270 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 270
_______________________________________________________________________
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.''.
Passed the Senate April 6, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 270
_______________________________________________________________________
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.