[Congressional Record Volume 168, Number 61 (Wednesday, April 6, 2022)]
[Senate]
[Pages S2053-S2054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BROWN V. BOARD OF EDUCATION NATIONAL HISTORIC SITE EXPANSION ACT
Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 295, S. 270.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A 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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Energy and Natural
Resources, with an amendment, as follows:
(The part of the bill intended to be inserted is printed in italic.)
S. 270
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 Historic Site Expansion Act''.
SEC. 2. EXPANSION OF THE BROWN V. BOARD OF EDUCATION NATIONAL
HISTORIC SITE.
In order to honor the civil rights stories of struggle,
perseverance, and activism in the pursuit of education
equity, 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'' approved October 26, 1992 (Public Law 102-525; 106
Stat. 3438 et seq.), 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) Summerton High School in 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. Other sites include former Scott's Branch High
School, an `equalization school' 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 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. The school, now the Robert Russa Moton Museum,
is governed by the Moton Museum, Inc., and affiliated with
Longwood University.
``(9) 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. Now the
Howard High School of Technology, it is an active school
administered by the New Castle County Vocational-Technical
School District. The all-White Claymont High School, which
denied plaintiffs admission, is now the Claymont Community
Center administered by the Brandywine Community Resource
Council, Inc. 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. The former
Hockessin School building is utilized 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. John Philip Sousa Junior High School, now John
Philip Sousa Middle School, 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 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) In general.--In addition to land described in
subsection (b), the historic site shall consist of land and
interests in land identified as Summerton High School and
Scott's Branch High School located in Clarendon County, South
Carolina, after such land, or interests in land, is acquired
by the Secretary and the determination is made under
paragraph (2).
``(2) Determination by secretary.--The historic site shall
not be expanded until the date on which the Secretary
determines that a sufficient quantity of land, or interests
in land, has been acquired to constitute a manageable park
unit.
``(3) Notice.--Not later than 30 days after the date on
which the Secretary makes a determination under paragraph
(2), the Secretary shall publish in the Federal Register
notice of the expansion of the historic site.
``(4) Map.--After the determination in subsection (2), the
Secretary shall publish a new map of the historic site to
include land or interests in land acquired under this
subsection.''.
(5) In section 104--
(A) by striking ``section 103(b)'' and inserting
``subsections (b) and (c) of section 103'';
(B) by striking ``: Provided, however, That the'' and
inserting ``. The''; and
(C) 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) In section 105(c), by inserting before the final period
the following: ``in Topeka, Kansas. After the boundary
adjustment under section 103(c), 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 a general management plan for the
historic site locations in Clarendon County, South
Carolina''.
(7) By inserting after section 105, the following:
``SEC. 106. ESTABLISHMENT OF THE BROWN V. BOARD OF EDUCATION
AFFILIATED AREAS.
``(a) In General.--The locations associated with the three
court cases included in Brown v. Board of Education of Topeka
described in sections 102(a)(8), (9), and (10) are
established as affiliated areas of the National Park System.
``(b) Administration.--The affiliated areas shall be
managed in accordance with--
``(1) this section; and
``(2) any law generally applicable to units of the National
Park System.
``(c) General Management Plan.--
``(1) In general.--Not later than two years after the date
of the enactment of this Act,
[[Page S2054]]
the Secretary, in consultation with the management entity of
each affiliated area, shall develop a general management plan
for each of the affiliated areas in accordance with section
100502 of title 54, United States Code. The general
management plan 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 area;
``(B) identify, as appropriate, the roles and
responsibilities of the National Park Service and 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 Historic Site.
``(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 general
management plan, including opportunities for public comment;
and
``(B) publish the draft general 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 general management plan for
each affiliated area developed under subparagraph (1) to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
``(d) Management Entity.--The organizations described in
paragraphs (8), (9), and (10) of section 102(a) shall be the
management entity for its respective affiliated area.
``(e) Cooperative Agreements.--The Secretary may provide
technical assistance and grants 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.
``(f) Land Use.--Nothing in this section affects 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.
``(g) Limited Role of the Secretary.--Nothing in this
section authorizes the Secretary to acquire property in an
affiliated area or to assume overall financial responsibility
for the operation, maintenance, or management of an
affiliated area. 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.
(9) In section 107 (as so redesignated by this subsection),
by inserting before the period the following: ``at the
historic site, and there is authorized to be appropriated
such sums as are necessary to carry out sections 103(c) and
106''.
SEC. 3. 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 (54 U.S.C. 320101 note; 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''.
Mr. SCHUMER. I ask unanimous consent that the committee-reported
amendment be withdrawn; the Coons amendment at the desk be considered
and agreed to; and the bill, as amended, be considered read a third
time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment was withdrawn.
The amendment (No. 5018) in the nature of a substitute was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill, as amended, was ordered to be engrossed for a third reading
and was read the third time.
Mr. SCHUMER. I know of no further debate on the bill.
The PRESIDING OFFICER. If there is no further debate, the bill having
been read the third time, the question is, Shall the bill pass?
The bill (S. 270), as amended, was passed.
Mr. SCHUMER. I ask unanimous consent that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
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