102 HR 920 RH: Brown v. Board of Education National Historical Park Expansion and Redesignation Act
U.S. House of Representatives
2022-12-14
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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Union Calendar No. 451
117th CONGRESS
2d Session
H. R. 920
[Report No. 117–627]
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
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.
1.

Short title
This Act may be cited as the “Brown v. Board of Education National Historical Park Expansion and Redesignation Act”.
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 Public Law 102–525 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”.
3.

Expansion of the brown v. board of education national historical park and establishment of affiliated areas
In order to honor the civil rights stories of struggle, perseverance, and activism in the pursuit of education equity, Public Law 102–525 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)
(A)
Summerton High School in Summerton, 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.
(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 and that 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, 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 and is now the Robert Russa Moton Museum, governed by the Moton Museum, Inc. and affiliated with Longwood University.
(9)
(A)
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 and 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 plaintiffs admission, and is now the Claymont Community Center administered by the Brandywine Community Resource Council, Inc.
(C)
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 and is now used 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, is now the John Philip Sousa Middle School and 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, Claymont, 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)

Additions
In addition to land described in subsection (b), the historical park shall consist of the following 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—
(A)
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 one 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, Department of the Interior.”.
(5)
In section 104—
(A)
by striking “section 103(b)” and inserting “subsections (b) and (c) of section 103”;
(B)
by striking “States of Kansas” and inserting “State of Kansas or South Carolina”;
(C)
by striking “: Provided, however, That the” and inserting “. The”; and
(D)
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)
By amending subsection (c) of section 105 to read as follows:
“(c)

Management plan
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 an amendment to the Brown v. Board of Education National Historical Park management plan for the historical park to include the locations in Summerton, Clarendon County, South Carolina.”.
(7)
By inserting after section 105, the following:
“106.

Establishment of the brown v. board of education affiliated areas
(a)

In general
Upon the date that the Secretary determines that an appropriate managing entity has been identified for that location, the following locations, as generally depicted on the map described in section 103(c), shall be established as affiliated areas of the National Park System—
(1)
“Robert Russa Moton Museum”, in Farmville, Virginia;
(2)
“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; and
(3)
“John Philip Sousa Middle School” in Washington, District of Columbia.
(b)

Administration
Upon establishment, each affiliated area shall be managed in a manner consistent with—
(1)
this Act; and
(2)
laws generally applicable to units of the National Park System.
(c)

Management plans
(1)

In general
Not later than three years after an affiliated area has been established in accordance with subsection (a), subject to the availability of appropriations, the Secretary, in consultation with the management entity of each established affiliated area, shall develop a management plan for each of the affiliated areas that 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 areas;
(B)
identify, as appropriate, the roles and responsibilities of the National Park Service and each 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 Historical Park.
(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 management plan, including opportunities for public comment; and
(B)
publish the draft 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 management plan for each affiliated area developed under this subsection to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(d)

Cooperative agreements
The Secretary may provide technical and financial assistance 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.
(e)

Land use
Nothing in this section shall affect the 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.
(f)

Limited role of the secretary
Nothing in this section authorizes the Secretary to acquire property in an affiliated area or to assume financial responsibility for the operation, maintenance, or management of an affiliated area.
(g)

Ownership
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.
Amend the title so as to read: “A bill to expand and redesignate Brown v. Board National Historic Site as Brown v. Board National Historical Park, and for other purposes.”.
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