[Congressional Record Volume 168, Number 61 (Wednesday, April 6, 2022)]
[Senate]
[Pages S2045-S2047]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5018. Mr. SCHUMER (for Mr. Coons) proposed an amendment to the
bill S. 270, 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; as follows:
Strike all after the enacting clause and insert the
following:
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--
[[Page S2046]]
(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
[[Page S2047]]
``(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.''.
______