Brown v. Board of Education National Historical Park Expansion and Redesignation Act

IB Union Calendar No. 451 117TH CONGRESS 2D SESSION H. R. 920 [Report No. 117–627] 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 HOUSE OF REPRESENTATIVES FEBRUARY 8, 2021 Mr. CLYBURN (for himself, Ms. BLUNT ROCHESTER, Ms. NORTON, and Mr. GOOD of Virginia) introduced the following bill; which was referred to the Committee on Natural Resources DECEMBER 14, 2022 Additional sponsors: Mr. FOSTER, Mr. HASTINGS, Ms. KUSTER, Ms. MCCOLLUM, and Ms. WILLIAMS of Georgia DECEMBER 14, 2022 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 8, 2021] VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 920 RH A BILL 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. VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 920 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Brown v. Board of Edu- 4 cation National Historical Park Expansion and Redesigna- 5 tion Act’’. 6 SEC. 2. REDESIGNATION OF THE BROWN V. BOARD OF EDU- 7 CATION NATIONAL HISTORICAL PARK. 8 (a) IN GENERAL.—The Brown v. Board of Education 9 National Historic Site established by Public Law 102–525 10 shall be known and designated as the ‘‘Brown v. Board of 11 Education National Historical Park’’. 12 (b) REFERENCES.—Any reference in any law, regula- 13 tion, document, record, map, or other paper of the United 14 States to the Brown v. Board of Education National His- 15 toric Site shall be considered to be a reference to the ‘‘Brown 16 v. Board of Education National Historical Park’’. 17 SEC. 3. EXPANSION OF THE BROWN V. BOARD OF EDU- 18 CATION NATIONAL HISTORICAL PARK AND 19 ESTABLISHMENT OF AFFILIATED AREAS. 20 In order to honor the civil rights stories of struggle, 21 perseverance, and activism in the pursuit of education eq- 22 uity, Public Law 102–525 is amended as follows: 23 (1) In section 101, by adding at the end the fol- 24 lowing new paragraph— 25 VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 920 RH ‘‘(3) The terms ‘affiliated area’ and ‘affiliated 1 areas’ mean one or more of the locations associated 2 with the four court cases included in Brown v. Board 3 of Education of Topeka described in section 102(a)(8), 4 (9), and (10).’’. 5 (2) In section 102(a)— 6 (A) by redesignating paragraphs (3) and 7 (4) as paragraphs (5) and (6), respectively; 8 (B) by inserting after paragraph (2), the 9 following: 10 ‘‘(3) The Brown case was joined by four other 11 cases related to school segregation pending before the 12 Supreme Court (Briggs v. Elliott, filed in South 13 Carolina; Davis v. County School Board of Prince 14 Edward County, Spottswood Thomas Bolling, et al., 15 Petitioners, v. C. Melvin Sharpe, President of the Dis- 16 trict of Columbia Board of Education, et al., filed in 17 Virginia; Gebhart v. Belton, filed in Delaware; and 18 Bolling v. Sharpe, filed in the District of Columbia) 19 and consolidated into one case named Brown v. 20 Board of Education of Topeka. 21 ‘‘(4) A 1999 historic resources study examined 22 the five cases included in Brown v. Board of Edu- 23 cation of Topeka and found each to be nationally sig- 24 VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 920 RH nificant and to contribute unique stories to the case 1 for educational equity.’’; and 2 (C) by inserting after paragraph (6) (as so 3 redesignated by this section), the following— 4 ‘‘(7)(A) Summerton High School in Summerton, 5 South Carolina, the all-White school that refused to 6 admit the plaintiffs in Briggs v. Elliott, has been list- 7 ed on the National Register of Historic Places in rec- 8 ognition of its national significance and is used as 9 administrative offices for Clarendon School District 1. 10 ‘‘(B) The former Scott’s Branch High School, an 11 ‘equalization school’ in Summerton, South Carolina, 12 constructed for African-American students in 1951 to 13 provide facilities comparable to those of White stu- 14 dents and that is now the Community Resource Cen- 15 ter owned by Clarendon School District 1. 16 ‘‘(8) Robert Russa Moton High School, the all- 17 Black school in Farmville, Virginia, which was the lo- 18 cation of a student-led strike leading to Davis v. 19 County School Board of Prince Edward County, 20 Spottswood Thomas Bolling, et al., Petitioners, v. C. 21 Melvin Sharpe, President of the District of Columbia 22 Board of Education, et al., has been designated a Na- 23 tional Historic Landmark in recognition of its na- 24 tional significance and is now the Robert Russa 25 VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 920 RH Moton Museum, governed by the Moton Museum, Inc. 1 and affiliated with Longwood University. 2 ‘‘(9)(A) Howard High School in Wilmington, 3 Delaware, an all-Black school to which plaintiffs in 4 Belton v. Gebhart were forced to travel, has been des- 5 ignated a National Historic Landmark in recognition 6 of its national significance and is now the Howard 7 High School of Technology, an active school adminis- 8 tered by the New Castle County Vocational-Technical 9 School District. 10 ‘‘(B) The all-White Claymont High School, 11 which denied plaintiffs admission, and is now the 12 Claymont Community Center administered by the 13 Brandywine Community Resource Council, Inc. 14 ‘‘(C) The Hockessin School #107C (Hockessin 15 Colored School) is the all-Black school in Hockessin, 16 Delaware that one of the plaintiffs in Belton v. 17 Gebhart was required to attend with no public trans- 18 portation provided and is now used by Friends of 19 Hockessin Colored School #107, Inc. as a community 20 facility. 21 ‘‘(10) John Philip Sousa Junior High School in 22 the District of Columbia, the all-White school that re- 23 fused to admit plaintiffs in Bolling v. Sharpe, has 24 been designated a National Historic Landmark in 25 VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 920 RH recognition of its national significance, is now the 1 John Philip Sousa Middle School and is owned by the 2 District of Columbia Department of General Services 3 and administered by the District of Columbia Public 4 Schools.’’. 5 (3) In section 102(b)(3)— 6 (A) by inserting ‘‘, protection,’’ after ‘‘pres- 7 ervation’’; 8 (B) by inserting ‘‘, Kansas; Summerton, 9 South Carolina; Farmville, Virginia; Wil- 10 mington, Claymont, and Hockessin, Delaware; 11 and the District of Columbia’’ after ‘‘Topeka’’; 12 and 13 (C) by inserting ‘‘and the context of Brown 14 v. Board of Education’’ after ‘‘civil rights move- 15 ment’’. 16 (4) In section 103, by inserting after subsection 17 (b) the following: 18 ‘‘(c) BOUNDARY ADJUSTMENT.— 19 ‘‘(1) ADDITIONS.—In addition to land described 20 in subsection (b), the historical park shall consist of 21 the following land and interests in land as generally 22 depicted on the map entitled ‘Brown v. Board of Edu- 23 cation National Historical Park Boundary Additions 24 VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 920 RH and Affiliated Areas’, numbered 462/178,449 and 1 dated February 2022— 2 ‘‘(A) Summerton High School site, in 3 Summerton, Clarendon County, South Carolina; 4 ‘‘(B) The former Scott’s Branch High 5 School site, in Summerton, Clarendon County, 6 South Carolina; and 7 ‘‘(C) approximately one acre of land adja- 8 cent to Monroe Elementary School in Topeka, 9 Shawnee County, Kansas. 10 ‘‘(2) MAP.—The map described in paragraph (1) 11 shall be on file and available for public inspection in 12 the appropriate offices of the National Park Service, 13 Department of the Interior.’’. 14 (5) In section 104— 15 (A) by striking ‘‘section 103(b)’’ and insert- 16 ing ‘‘subsections (b) and (c) of section 103’’; 17 (B) by striking ‘‘States of Kansas’’ and in- 18 serting ‘‘State of Kansas or South Carolina’’; 19 (C) by striking ‘‘: Provided, however, That 20 the’’ and inserting ‘‘. The’’; and 21 (D) by adding before the final period the 22 following: ‘‘nor by condemnation of any land or 23 interest in land within the boundaries of the his- 24 toric site’’. 25 VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 920 RH (6) By amending subsection (c) of section 105 to 1 read as follows: 2 ‘‘(c) MANAGEMENT PLAN.—The Secretary shall pre- 3 pare and submit to the Committee on Natural Resources 4 of the House of Representatives and the Committee on En- 5 ergy and Natural Resources of the Senate an amendment 6 to the Brown v. Board of Education National Historical 7 Park management plan for the historical park to include 8 the locations in Summerton, Clarendon County, South 9 Carolina.’’. 10 (7) By inserting after section 105, the following: 11 ‘‘SEC. 106. ESTABLISHMENT OF THE BROWN V. BOARD OF 12 EDUCATION AFFILIATED AREAS. 13 ‘‘(a) IN GENERAL.—Upon the date that the Secretary 14 determines that an appropriate managing entity has been 15 identified for that location, the following locations, as gen- 16 erally depicted on the map described in section 103(c), shall 17 be established as affiliated areas of the National Park Sys- 18 tem— 19 ‘‘(1) ‘Robert Russa Moton Museum’, in 20 Farmville, Virginia; 21 ‘‘(2) ‘Delaware Brown v. Board of Education 22 Civil Rights Sites’, to include— 23 ‘‘(A) the former Howard High School in 24 Wilmington, Delaware, 25 VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 920 RH ‘‘(B) Claymont High School in Claymont, 1 Delaware, and 2 ‘‘(C) Hockessin Colored School #107 in 3 Hockessin, Delaware; and 4 ‘‘(3) ‘John Philip Sousa Middle School’ in Wash- 5 ington, District of Columbia. 6 ‘‘(b) ADMINISTRATION.—Upon establishment, each af- 7 filiated area shall be managed in a manner consistent 8 with— 9 ‘‘(1) this Act; and 10 ‘‘(2) laws generally applicable to units of the Na- 11 tional Park System. 12 ‘‘(c) MANAGEMENT PLANS.— 13 ‘‘(1) IN GENERAL.—Not later than three years 14 after an affiliated area has been established in accord- 15 ance with subsection (a), subject to the availability of 16 appropriations, the Secretary, in consultation with 17 the management entity of each established affiliated 18 area, shall develop a management plan for each of the 19 affiliated areas that shall— 20 ‘‘(A) be prepared in consultation and co- 21 ordination with the interested State, county, and 22 local governments; management entities; organi- 23 zations and interested members of the public as- 24 sociated with the affiliated areas; 25 VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 920 RH ‘‘(B) identify, as appropriate, the roles and 1 responsibilities of the National Park Service and 2 each management entity in administering and 3 interpreting the affiliated area in such a manner 4 that it does not interfere with existing operations 5 and continued use of existing facilities; and 6 ‘‘(C) require the Secretary to coordinate the 7 preparation and implementation of the manage- 8 ment plan and interpretation of the affiliated 9 area with the Brown v. Board of Education Na- 10 tional Historical Park. 11 ‘‘(2) PUBLIC COMMENT.—The Secretary shall— 12 ‘‘(A) hold not less than one public meeting 13 in the general proximity of each affiliated area 14 on the proposed management plan, including op- 15 portunities for public comment; and 16 ‘‘(B) publish the draft management plan on 17 the internet and provide an opportunity for pub- 18 lic comment. 19 ‘‘(3) TRANSMITTAL.—Not later than 3 years 20 after the date on which funds are made available to 21 carry out this section, the Secretary shall transmit 22 the management plan for each affiliated area devel- 23 oped under this subsection to the Committee on Nat- 24 ural Resources of the House of Representatives and 25 VerDate Sep 11 2014 22:24 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H920.RH H920 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 920 RH the Committee on Energy and Natural Resources of 1 the Senate. 2 ‘‘(d) COOPERATIVE AGREEMENTS.—The Secretary 3 may provide technical and financial assistance and enter 4 into cooperative agreements with the management entity for 5 each affiliated area to provide financial assistance for the 6 marketing, marking, interpretation, and preservation of the 7 respective affiliated area. 8 ‘‘(e) LAND USE.—Nothing in this section shall affect 9 the land use rights of private property owners within or 10 adjacent to the affiliated areas, including activities or uses 11 on private land that can be seen or heard within the affili- 12 ated areas and the authorities for management entities to 13 operate and administer the affiliated areas. 14 ‘‘(f) LIMITED ROLE OF THE SECRETARY.—Nothing in 15 this section authorizes the Secretary to acquire property in 16 an affiliated area or to assume financial responsibility for 17 the operation, maintenance, or management of an affiliated 18 area. 19 ‘‘(g) OWNERSHIP.—Each affiliated area shall continue 20 to be owned, operated, and managed by its respective public 21 and private owners.’’. 22 (8) By redesignating section 106 as section 107. 23 Amend the title so as to read: ‘‘A bill to expand and redesignate Brown v. Board Nati [Text truncated for display. Full text available on Congress.gov.]