[117th Congress Public Law 123]
[From the U.S. Government Publishing Office]
[[Page 1195]]
BROWN V. BOARD OF EDUCATION
NATIONAL HISTORICAL PARK EXPANSION AND REDESIGNATION ACT
[[Page 136 STAT. 1196]]
Public Law 117-123
117th Congress
An Act
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. <<NOTE: May 12, 2022 - [S. 270]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Brown v.
Board of Education National Historical Park Expansion and Redesigna-
tion Act.>>
SECTION 1. <<NOTE: 16 USC 410iiii note.>> 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) <<NOTE: 16 USC 410iiii note.>> 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--
(1) in the title heading, by striking ``HISTORIC SITE'' and
inserting ``HISTORICAL PARK'';
(2) in sections 101(2) and 103(a), <<NOTE: 16 USC 410iiii,
410iiii-2.>> by striking ``National Historic Site'' each place
it appears and inserting ``National Historical Park'';
(3) <<NOTE: 16 USC 410iiii-2, 410iiii-4.>> 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) <<NOTE: 16 USC 410iiii, 410iiii-2--410iiii-4.>> by
striking ``historic site'' each place it appears and inserting
``historical park''.
SEC. 3. <<NOTE: State listing. District of Columbia.>> EXPANSION
OF THE BROWN V. BOARD OF EDUCATION NATIONAL
HISTORICAL PARK AND ESTABLISHMENT OF
AFFILIATED AREAS.
(a) <<NOTE: 16 USC 410iiii note.>> 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)) <<NOTE: 16 USC 410iiii.>> is amended--
[[Page 136 STAT. 1197]]
(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) <<NOTE: 16 USC 410iiii-1.>> 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--
[[Page 136 STAT. 1198]]
``(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) <<NOTE: 16 USC 410iiii-1.>> 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) <<NOTE: 16 USC 410iiii-2.>> 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--
[[Page 136 STAT. 1199]]
``(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) <<NOTE: 16 USC 410iiii-3.>> 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) <<NOTE: 16 USC 410iiii-4.>> 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 <<NOTE: 16 USC 410iiii-
6.>> as section 107; and
(2) by inserting after section 105 the following:
``SEC. 106. <<NOTE: 16 USC 410iiii-5.>> ESTABLISHMENT OF THE
BROWN V. BOARD OF EDUCATION AFFILIATED
AREAS.
``(a) <<NOTE: Effective date. Determination.>> 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) <<NOTE: Consultations.>> 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) <<NOTE: Coordination.>> 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
``(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) <<NOTE: Web posting.>> publish the draft
management plan on the internet; and
``(ii) provide an opportunity for public comment on
the draft management plan.
``(4) Submission. <<NOTE: Deadline.>> --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.
[[Page 136 STAT. 1200]]
``(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.''.
Approved May 12, 2022.
LEGISLATIVE HISTORY--S. 270:
---------------------------------------------------------------------------
SENATE REPORTS: No. 117-87 (Comm. on Energy and Natural
Resources).
CONGRESSIONAL RECORD, Vol. 168 (2022):
Apr. 6, considered and passed Senate.
Apr. 26, considered and passed House.
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