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S. 270 (117th): Brown v. Board of Education National Historical Park Expansion and Redesignation Act


The text of the bill below is as of Apr 22, 2022 (Preprint (Suspension)).


117TH CONGRESS
   2D SESSION
                       S. 270

                     AN ACT
To amend the Act entitled ‘‘Act to provide for the establish-
   ment of the Brown v. Board of Education National His-
   toric Site in the State of Kansas, and for other pur-
   poses’’ to provide for inclusion of additional related sites
   in the National Park System, and for other purposes.

2 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Brown v. Board of 5 Education National Historical Park Expansion and Re- 6 designation Act’’. 7 SEC. 2. REDESIGNATION OF THE BROWN V. BOARD OF EDU- 8 CATION NATIONAL HISTORICAL PARK. 9 (a) IN GENERAL.—The Brown v. Board of Education 10 National Historic Site established by section 103(a) of 11 Public Law 102–525 (106 Stat. 3439) shall be known and 12 designated as the ‘‘Brown v. Board of Education National 13 Historical Park’’. 14 (b) REFERENCES.—Any reference in any law, regula- 15 tion, document, record, map, or other paper of the United 16 States to the Brown v. Board of Education National His- 17 toric Site shall be considered to be a reference to the 18 ‘‘Brown v. Board of Education National Historical Park’’. 19 (c) CONFORMING AMENDMENTS.—Title I of Public 20 Law 102–525 (106 Stat. 3438) is amended— 21 (1) in the title heading, by striking ‘‘HIS- 22 TORIC SITE’’ and inserting ‘‘HISTORICAL 23 PARK’’; † S 270 ES
3 1 (2) in sections 101(2) and 103(a), by striking 2 ‘‘National Historic Site’’ each place it appears and 3 inserting ‘‘National Historical Park’’; 4 (3) in the section heading for each of sections 5 103 and 105, by striking ‘‘HISTORIC SITE’’ each 6 place it appears and inserting ‘‘HISTORICAL 7 PARK’’; and 8 (4) by striking ‘‘historic site’’ each place it ap- 9 pears and inserting ‘‘historical park’’. 10 SEC. 3. EXPANSION OF THE BROWN V. BOARD OF EDU- 11 CATION NATIONAL HISTORICAL PARK AND 12 ESTABLISHMENT OF AFFILIATED AREAS. 13 (a) PURPOSE.—The purpose of this section is to 14 honor the civil rights stories of struggle, perseverance, and 15 activism in the pursuit of education equity. 16 (b) DEFINITIONS.—Section 101 of Public Law 102– 17 525 (106 Stat. 3438) (as amended by section 2(c)) is 18 amended— 19 (1) in the matter preceding paragraph (1), by 20 striking ‘‘As used in this title—’’ and inserting ‘‘In 21 this title:’’; 22 (2) in paragraph (1), by striking ‘‘the term’’ 23 and inserting the ‘‘The term’’; † S 270 ES
4 1 (3) in each of paragraphs (1) and (2), by in- 2 serting a paragraph heading, the text of which is 3 comprised of the term defined in that paragraph; 4 (4) by redesignating paragraphs (1) and (2) as 5 paragraphs (3) and (2), respectively, and moving the 6 paragraphs so as to appear in numerical order; and 7 (5) by inserting before paragraph (2) (as so re- 8 designated) the following: 9 ‘‘(1) AFFILIATED AREA.—The term ‘affiliated 10 area’ means a site associated with a court case in- 11 cluded in Brown v. Board of Education of Topeka 12 described in paragraph (8), (9), or (10) of section 13 102(a) that is designated as an affiliated area of the 14 National Park System by section 106(a).’’. 15 (c) FINDINGS.—Section 102(a) of Public Law 102– 16 525 (106 Stat. 3438) is amended— 17 (1) by redesignating paragraphs (3) and (4) as 18 paragraphs (5) and (6), respectively; 19 (2) by inserting after paragraph (2), the fol- 20 lowing: 21 ‘‘(3) The Brown case was joined by 4 other 22 cases relating to school segregation pending before 23 the Supreme Court (Briggs v. Elliott, filed in South 24 Carolina, Davis v. County School Board of Prince 25 Edward County, filed in Virginia, Gebhart v. Belton, † S 270 ES
5 1 filed in Delaware, and Bolling v. Sharpe, filed in the 2 District of Columbia) that were consolidated into the 3 case of Brown v. Board of Education of Topeka. 4 ‘‘(4) A 1999 historic resources study examined 5 the 5 cases included in Brown v. Board of Education 6 of Topeka and found that each case— 7 ‘‘(A) is nationally significant; and 8 ‘‘(B) contributes unique stories to the case 9 for educational equity.’’; and 10 (3) by inserting after paragraph (6) (as so re- 11 designated), the following: 12 ‘‘(7) With respect to the case of Briggs v. El- 13 liott— 14 ‘‘(A) Summerton High School in 15 Summerton, South Carolina, the all-White 16 school that refused to admit the plaintiffs in the 17 case— 18 ‘‘(i) has been listed on the National 19 Register of Historic Places in recognition 20 of the national significance of the school; 21 and 22 ‘‘(ii) is used as administrative offices 23 for Clarendon School District 1; and 24 ‘‘(B) the former Scott’s Branch High 25 School, an ‘equalization school’ in Summerton, † S 270 ES
6 1 South Carolina constructed for African-Amer- 2 ican students in 1951 to provide facilities com- 3 parable to those of White students, is now the 4 Community Resource Center owned by 5 Clarendon School District 1. 6 ‘‘(8) Robert Russa Moton High School, the all- 7 Black school in Farmville, Virginia, which was the 8 location of a student-led strike leading to Davis v. 9 County School Board of Prince Edward County— 10 ‘‘(A) has been designated as a National 11 Historic Landmark in recognition of the na- 12 tional significance of the school; and 13 ‘‘(B) is now the Robert Russa Moton Mu- 14 seum, which is administered by the Moton Mu- 15 seum, Inc., and affiliated with Longwood Uni- 16 versity. 17 ‘‘(9) With respect to the case of Belton v. 18 Gebhart— 19 ‘‘(A) Howard High School in Wilmington, 20 Delaware, an all-Black school to which the 21 plaintiffs in the case were forced to travel— 22 ‘‘(i) has been designated as a National 23 Historic Landmark in recognition of the 24 national significance of the school; and † S 270 ES
7 1 ‘‘(ii) is now the Howard High School 2 of Technology, an active school adminis- 3 tered by the New Castle County Voca- 4 tional-Technical School District; 5 ‘‘(B) the all-White Claymont High School, 6 which denied admission to the plaintiffs, is now 7 the Claymont Community Center administered 8 by the Brandywine Community Resource Coun- 9 cil, Inc.; and 10 ‘‘(C) the Hockessin School #107C 11 (Hockessin Colored School)— 12 ‘‘(i) is the all-Black school in 13 Hockessin, Delaware, that 1 of the plain- 14 tiffs in the case was required to attend 15 with no public transportation provided; and 16 ‘‘(ii) is now used as a community fa- 17 cility by Friends of Hockessin Colored 18 School #107, Inc. 19 ‘‘(10) John Philip Sousa Junior High School in 20 the District of Columbia, the all-White school that 21 refused to admit plaintiffs in Bolling v. Sharpe— 22 ‘‘(A) has been designated as a National 23 Historic Landmark in recognition of the na- 24 tional significance of the school; † S 270 ES
8 1 ‘‘(B) is now known as the ‘John Philip 2 Sousa Middle School’; and 3 ‘‘(C) is owned by the District of Columbia 4 Department of General Services and adminis- 5 tered by the District of Columbia Public 6 Schools.’’. 7 (d) PURPOSES.—Section 102(b)(3) of Public Law 8 102–525 (106 Stat. 3438) is amended— 9 (1) by inserting ‘‘, protection,’’ after ‘‘preserva- 10 tion’’; 11 (2) by striking ‘‘the city of Topeka’’ and insert- 12 ing ‘‘Topeka, Kansas, Summerton, South Carolina, 13 Farmville, Virginia, Wilmington, Claymont, and 14 Hockessin, Delaware, and the District of Columbia’’; 15 and 16 (3) by inserting ‘‘and the context of Brown v. 17 Board of Education’’ after ‘‘civil rights movement’’. 18 (e) BOUNDARY ADJUSTMENT.—Section 103 of Public 19 Law 102–525 (106 Stat. 3439) is amended by adding at 20 the end the following: 21 ‘‘(c) BOUNDARY ADJUSTMENT.— 22 ‘‘(1) ADDITIONS.—In addition to the land de- 23 scribed in subsection (b), the historical park shall in- 24 clude the land and interests in land, as generally de- 25 picted on the map entitled ‘Brown v. Board of Edu- † S 270 ES
9 1 cation National Historical Park Boundary Additions 2 and Affiliated Areas’, numbered 462/178,449, and 3 dated February 2022, and more particularly de- 4 scribed as— 5 ‘‘(A) the Summerton High School site in 6 Summerton, Clarendon County, South Carolina; 7 ‘‘(B) the former Scott’s Branch High 8 School site in Summerton, Clarendon County, 9 South Carolina; and 10 ‘‘(C) approximately 1 acre of land adjacent 11 to Monroe Elementary School in Topeka, Shaw- 12 nee County, Kansas. 13 ‘‘(2) MAP.—The map described in paragraph 14 (1) shall be on file and available for public inspec- 15 tion in the appropriate offices of the National Park 16 Service.’’. 17 (f) PROPERTY ACQUISITION.—Section 104 of Public 18 Law 102–525 (106 Stat. 3439) is amended— 19 (1) in the first sentence, by striking ‘‘section 20 103(b)’’ and inserting ‘‘subsections (b) and (c) of 21 section 103’’; 22 (2) in the second sentence, by striking ‘‘States 23 of Kansas’’ and inserting ‘‘State of Kansas or South 24 Carolina’’; and 25 (3) in the proviso— † S 270 ES
10 1 (A) by striking ‘‘: Provided, however, That 2 the’’ and inserting ‘‘. The’’; and 3 (B) by inserting ‘‘or by condemnation of 4 any land or interest in land within the bound- 5 aries of the historical park’’ after ‘‘without the 6 consent of the owner’’. 7 (g) GENERAL MANAGEMENT PLAN.—Section 105 of 8 Public Law 102–525 (106 Stat. 3439) is amended by 9 striking subsection (c) and inserting the following: 10 ‘‘(c) AMENDMENT TO GENERAL MANAGEMENT 11 PLAN.—The Secretary shall prepare and submit to the 12 Committee on Energy and Natural Resources of the Sen- 13 ate and the Committee on Natural Resources of the House 14 of Representatives an amendment to the management plan 15 for the historical park to include the portions of the histor- 16 ical park in Summerton, Clarendon County, South Caro- 17 lina.’’. 18 (h) AFFILIATED AREAS.—Public Law 102–525 (106 19 Stat. 3438) is amended— 20 (1) by redesignating section 106 as section 107; 21 and 22 (2) by inserting after section 105 the following: † S 270 ES
11 1 ‘‘SEC. 106. ESTABLISHMENT OF THE BROWN V. BOARD OF 2 EDUCATION AFFILIATED AREAS. 3 ‘‘(a) IN GENERAL.—On the date on which the Sec- 4 retary determines that an appropriate management entity 5 has been identified for the applicable affiliated area, as 6 generally depicted on the map described in section 7 103(c)(1), the following shall be established as affiliated 8 areas of the National Park System: 9 ‘‘(1) The Robert Russa Moton Museum in 10 Farmville, Virginia. 11 ‘‘(2) The Delaware Brown v. Board of Edu- 12 cation Civil Rights Sites, to include— 13 ‘‘(A) the former Howard High School in 14 Wilmington, Delaware; 15 ‘‘(B) Claymont High School in Claymont, 16 Delaware; and 17 ‘‘(C) Hockessin Colored School #107 in 18 Hockessin, Delaware. 19 ‘‘(3) The John Philip Sousa Middle School in 20 the District of Columbia. 21 ‘‘(b) ADMINISTRATION.—Each affiliated area shall be 22 managed in a manner consistent with— 23 ‘‘(1) this title; and 24 ‘‘(2) the laws generally applicable to units of 25 the National Park System. 26 ‘‘(c) MANAGEMENT PLANS.— † S 270 ES
12 1 ‘‘(1) IN GENERAL.—The Secretary, in consulta- 2 tion with the management entity for the applicable 3 affiliated area, shall develop a management plan for 4 each affiliated area. 5 ‘‘(2) REQUIREMENTS.—A management plan 6 under paragraph (1) shall— 7 ‘‘(A) be prepared in consultation and co- 8 ordination with interested State, county, and 9 local governments, management entities, organi- 10 zations, and interested members of the public 11 associated with the affiliated area; 12 ‘‘(B) identify, as appropriate, the roles and 13 responsibilities of the National Park Service 14 and the management entity in administering 15 and interpreting the affiliated area in a manner 16 that does not interfere with existing operations 17 and continued use of existing facilities; and 18 ‘‘(C) require the Secretary to coordinate 19 the preparation and implementation of the 20 management plan and interpretation of the af- 21 filiated area with the historical park. 22 ‘‘(3) PUBLIC COMMENT.—The Secretary shall— 23 ‘‘(A) hold not less than 1 public meeting in 24 the general proximity of each affiliated area on † S 270 ES
13 1 the proposed management plan, which shall in- 2 clude opportunities for public comment; and 3 ‘‘(B)(i) publish the draft management plan 4 on the internet; and 5 ‘‘(ii) provide an opportunity for public 6 comment on the draft management plan. 7 ‘‘(4) SUBMISSION.—Not later than 3 years 8 after the date on which funds are made available to 9 carry out this section, the Secretary shall submit to 10 the Committee on Energy and Natural Resources of 11 the Senate and the Committee on Natural Resources 12 of the House of Representatives the management 13 plan for each affiliated area developed under para- 14 graph (1). 15 ‘‘(d) COOPERATIVE AGREEMENTS.—The Secretary 16 may provide technical and financial assistance to, and 17 enter into cooperative agreements with, the management 18 entity for each affiliated area to provide financial assist- 19 ance for the marketing, marking, interpretation, and pres- 20 ervation of the applicable affiliated area. 21 ‘‘(e) LAND USE.—Nothing in this section affects— 22 ‘‘(1) land use rights of private property owners 23 within or adjacent to an affiliated area, including ac- 24 tivities or uses on private land that can be seen or 25 heard within an affiliated area; or † S 270 ES
14 1 ‘‘(2) the authority of management entities to 2 operate and administer the affiliated areas. 3 ‘‘(f) LIMITED ROLE OF THE SECRETARY.— 4 ‘‘(1) IN GENERAL.—Nothing in this section au- 5 thorizes the Secretary— 6 ‘‘(A) to acquire land in an affiliated area; 7 or 8 ‘‘(B) to assume financial responsibility for 9 the operation, maintenance, or management of 10 an affiliated area. 11 ‘‘(2) OWNERSHIP.—Each affiliated area shall 12 continue to be owned, operated, and managed by the 13 applicable public or private owner of the land in the 14 affiliated area.’’. Passed the Senate April 6, 2022. Attest: Secretary. † S 270 ES

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 Edu- cation National Historic Site in the State of Kansas, and for other purposes’’ to provide for inclusion of additional related sites in the Na- tional Park System, and for other purposes.