[Senate Report 117-244]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 621
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-244

======================================================================



 
          AFRICAN AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM

                                _______
                                

               December 12, 2022.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 3667]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3667), to amend title 54, United States 
Code, to establish within the National Park Service the United 
States African-American Burial Grounds Preservation Program, 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                Purpose

    The purpose of S. 3667 is to establish within the National 
Park Service the United States African-American Burial Grounds 
Preservation Program.

                          Background and Need

    Cemeteries are places of tribute and memory, connecting 
communities with their past. Unfortunately, many African-
American cemeteries, many dating back before the Civil War, are 
in a state of disarray or are inaccessible. Beginning with 
slavery and continuing through the Jim Crow era, African-
Americans were often restricted in where they could bury their 
loved ones. Local laws segregated burial grounds by race. 
African-American cemetery sites were often confined to remote 
areas or marginal property and they frequently were not 
provided the same sort of state or local maintenance support or 
assistance as predominantly white cemeteries. As a result, many 
jurisdictions are unaware of the existence of these historic 
sites. Even when their location is known, the task of 
restoring, preserving, and maintaining these burial grounds can 
be expensive, difficult, and require technical expertise.

                          Legislative History

    Senators Brown and Romney introduced S. 3667 on February 
16, 2022. Senator Casey is also a cosponsor. The Subcommittee 
on National Parks held a hearing on S. 3667 on May 11, 2022. 
Similar legislation, H.R. 6805, was introduced by 
Representative Adams and others on February 22, 2022, and the 
House Natural Resources Committee's Subcommittee on National 
Parks, Forests, and Public Lands held a hearing on H.R. 6805 on 
April 28, 2022.
    In the 116th Congress, Senator Brown introduced S. 2827, a 
bill authorizing an African-American burial grounds study, on 
November 7, 2019. The Senate passed the bill by voice vote on 
December 20, 2020, but no further action was taken on the bill.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass S. 3667.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title, the ``African-American 
Burial Grounds Preservation Act.''

Sec. 2. Findings

    Section 2 contains Congressional findings.

Sec. 3. Purpose

    Section 3 defines the purpose of the Act.

Sec. 4. United States African-American Burial Grounds Preservation 
        Program

    Section 4(a) amends title 54, United States Code, to add a 
new chapter 3086, ``United States African-American Burial 
Grounds Preservation Program.'' Section 308601 of the new 
chapter defines key terms and section 308602 outlines the 
Secretary of the Interior's authorities in carrying out the 
program. These authorities include the ability to accept 
donations, to give grants, and to enter into cooperative 
agreements.
    Section 308603 authorizes the Secretary to make grants to 
other Federal agencies, State, local, and Tribal governments, 
and other public entities, including educational institutions, 
historic preservation groups, and private nonprofit 
organizations. The purpose of the grants is to identify 
potential burial grounds that qualify for the program, 
preserve, restore, and interpret these burial grounds, and 
related research and documentation for historic African-
American burial grounds. This section authorizes appropriations 
to the Secretary $3,000,000 for each fiscal year from 2023 
through 2027.
    Section 308604 authorizes the Secretary to enter into 
cooperate agreements and memoranda of understanding with other 
Federal agencies, States, units of local governments, tribal 
governments and others to achieve the purpose of the chapter.
    Section 308605 contains savings language protecting private 
property rights.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 3667 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 3667. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 3667, as ordered reported.

                   Congressionally Directed Spending

    S. 3667, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the May 11, 2022, hearing on S. 3667 follows:

   Statement of Michael A. Caldwell, Acting Associate Director, Park 
Planning, Facilities and Lands, National Park Service, U.S. Department 
                            of the Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 3667, a bill to amend 
title 54, United States Code, to establish within the National 
Park Service the U.S. African-American Burial Grounds 
Preservation Program.
    The Department supports S. 3667.
    S. 3667 would direct the Secretary of the Interior to 
establish a program within the National Park Service to be 
known as the ``United States African-American Burial Grounds 
Preservation Program.'' The program would be authorized to make 
grants to, and enter into cooperative agreements with, other 
Federal agencies, State, local, and Tribal governments; other 
public entities; educational institutions; historic 
preservation groups; and private nonprofit organizations for 
the identification, preservation, restoration, and 
interpretation of African American burial grounds. S. 3667 
would also authorize three million dollars to be appropriated 
annually for each of the fiscal years from 2023 to 2027 for 
carrying out this grant program. Finally, S. 3667 stipulates 
that the bill does not authorize the Secretary to impose any 
conditions on the use or management of private property without 
the written consent of the owner, nor prohibit the Secretary 
from providing guidance to a private property owner on the 
management of their land as a condition of a grant.
    African American burial grounds are part of the significant 
story of the role African Americans have played in the creation 
of the United States. These sacred spaces are often located in 
unknown and unmaintained locations, due to the painful and 
enduring legacy of slavery and segregation at the time of their 
creation, leaving the stories and the sites hidden.
    In establishing the African American Burial Grounds 
Preservation Program, S. 3667 would assist in the 
identification, interpretation, preservation, research, and 
recordation of unmarked, previously abandoned, underserved, and 
other African American burial grounds. This program would 
increase public awareness of African American history, and 
these often overlooked and forgotten sites, while providing 
critical grant funding to support their long-term preservation.
    The Department acknowledges that this program would need to 
be implemented with great care and consideration as many 
African American burial grounds were deliberately unmarked to 
facilitate a final resting place, particularly during both the 
period when slavery was legally authorized in the United States 
and in ensuing decades when segregation limited the freedom of 
African Americans, even in choices related to how they 
commemorated their lives and deaths.
    This program, as outlined in the bill, would need to be 
implemented in a respectful and collaborative manner to ensure 
already fragile and sacred resources do not become damaged or 
vandalized if and when their locations are publicly known. The 
Department and the National Park Service would be honored to 
support and respectfully implement the African-American Burial 
Grounds Preservation Program.
    Chairman King, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law are made 
by the bill S. 3667, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                      TITLE 54, UNITED STATES CODE

TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

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              Subtitle III--National Preservation Programs

     * * * * * * *

                 Division B--Organizations and Programs

          Subdivision 1--Administered by National Park Service

3081. American Battlefield Protection Program 308101
3083. National Underground Railroad Network to Freedom 308301
3084. African American Civil Rights Network 308401
3085. National Women's Rights History Project 308501
3086. United States African-American Burial Grounds Preservation Program 
          308601
3087. National Maritime Heritage 308701
3089. Save America's Treasures Program 308901
3091. Commemoration of Former Presidents 309101
     * * * * * * *

                 Division B--Organizations and Programs


Subdivision 1--Administered by National Park Service

           *       *       *       *       *       *       *



      CHAPTER 3086--UNITED STATES AFRICAN AMERICAN BURIAL GROUNDS 
                          PRESERVATION PROGRAM

Sec.
308601. Definitions.
308602. United States African-American Burial Grounds Preservation 
          Program.
308603. Authority to make grants.
308604. Cooperative agreements and memoranda of understanding.
308605. Private property protection.

Sec.  308601. Definitions

    In this chapter:
          (1) Burial ground.--The term ``burial ground'' means 
        any natural or prepared physical location, whether 
        originally below, on, or above the surface of the 
        earth, into which human remains are deposited as a part 
        of the death rite or ceremony of a culture.
          (2) Historic.--The term ``historic'', with respect to 
        a property, means a property that can reasonably be 
        considered to date back at least 50 years.
          (3) Program.--The term ``Program'' means the United 
        States African-American Burial Grounds Preservation 
        Program established under section 308602(a).

Sec.  308602. United States African-American Burial Grounds 
                    Preservation Program

    (a) In General.--The Secretary shall establish within the 
Service, in accordance with this chapter, a program to be known 
as the ``United States African-American Burial Grounds 
Preservation Program''.
    (b) Duties of Secretary.--In carrying out the Program, the 
Secretary, in consultation with the National Trust for Historic 
Preservation and members of the African-American heritage 
community, shall develop a program for the provision of grants 
in accordance with section 308603(a).
    (c) Donations.--The Secretary may accept monetary donations 
to further the purposes of this chapter.
    (d) Consent of Private Property Owner Required.--Burial 
grounds shall only be considered for a grant under the 
Program--
          (1) with the consent of the property owner; and
          (2) at the request of an individual, landowner, 
        private or nonprofit organization, State, Tribal, or 
        local government, or other entity.

Sec.  308603. Authority to make grants

    (a) In General.--The Secretary may make grants to other 
Federal agencies, State, local, and Tribal governments, other 
public entities, educational institutions, historic 
preservation groups, and private nonprofit organizations in 
accordance with this chapter for--
          (1) the identification of historic African-American 
        burial grounds that may qualify for the Program;
          (2) the preservation and restoration of African-
        American burial grounds;
          (3) the interpretation of African-American burial 
        grounds; and
          (4) related research and documentation for historic 
        African-American burial grounds.
    (b) Funding.--
          (1) In general.--There is authorized to be 
        appropriated to the Secretary to carry out this section 
        $3,000,000 for each of fiscal years 2023 through 2027.
          (2) Availability.--Any amounts made available for a 
        fiscal year under paragraph (1) that are not used 
        during that fiscal year shall be available for use 
        under this section during any subsequent fiscal year.

Sec.  308604. Cooperative agreements and memoranda of understanding

    The Secretary may enter into cooperative agreements and 
memoranda of understanding with, and provide technical 
assistance to, the heads of other Federal agencies, States, 
units of local government, Tribal governments, regional 
governmental bodies, nonprofit organizations, educational 
institutions, and private entities--
          (1) to achieve the purposes of this chapter; and
          (2) to ensure effective coordination of the Federal 
        elements and non-Federal elements provided a grant or 
        other assistance under the Program with System units 
        and programs of the Service.

Sec.  308605. Private property protection

    Nothing in this chapter--
          (1) authorizes the Secretary to require or affect the 
        management or use of private property without the 
        written consent of the owner of the private property; 
        or
          (2) prohibits the Secretary from providing land 
        management guidance or requirements relating to private 
        property as a condition of a grant provided to the 
        owner of the private property under this chapter.

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