II
116TH CONGRESS
2D SESSION
S. 4622
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.
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 17, 2020
Mr. COONS (for himself, Mr. GRAHAM, Mr. WARNER, Mr. SCOTT of South
Carolina, Mr. KAINE, and Mr. CARPER) introduced the following bill;
which was read twice and referred to the Committee on Energy and Nat-
ural Resources
A BILL
To amend the Act entitled ‘‘Act to provide for the establish-
ment of the Brown v. Board of Education National His-
toric Site in the State of Kansas, and for other pur-
poses’’ to provide for inclusion of additional related sites
in the National Park System, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Brown v. Board of
4
Education National Historic Site Expansion Act’’.
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SEC. 2. EXPANSION OF THE BROWN V. BOARD NATIONAL
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HISTORIC SITE.
2
In order to honor the civil rights stories of struggle,
3
perseverance, and activism in the pursuit of education eq-
4
uity, the Act entitled ‘‘Act to provide for the establishment
5
of the Brown v. Board of Education National Historic Site
6
in the State of Kansas, and for other purposes’’ approved
7
October 26, 1992 (Public Law 102–525; 106 Stat. 3438
8
et seq.) is amended as follows:
9
(1) In section 101, by adding at the end the fol-
10
lowing new paragraph:
11
‘‘(3) The terms ‘affiliated area’ and ‘affiliated
12
areas’ mean one or more of the locations associated
13
with the four court cases included in Brown v.
14
Board of Education of Topeka described in section
15
102(a)(8), (9), and (10).’’.
16
(2) In section 102(a)—
17
(A) by redesignating paragraphs (3) and
18
(4) as paragraphs (5) and (6), respectively;
19
(B) by inserting after paragraph (2), the
20
following:
21
‘‘(3) The Brown case was joined by four other
22
cases related to school segregation pending before
23
the Supreme Court (Briggs v. Elliott, filed in South
24
Carolina; Davis v. County School Board of Prince
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Edward County, Spottswood Thomas Bolling, et al.,
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•S 4622 IS
Petitioners, v. C. Melvin Sharpe, President of the
1
District of Columbia Board of Education, et al.,
2
filed in Virginia; Gebhart v. Belton, filed in Dela-
3
ware; and Bolling v. Sharpe, filed in the District of
4
Columbia) and consolidated into one case named
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Brown v. Board of Education of Topeka.
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‘‘(4) A 1999 historic resources study examined
7
the five cases included in Brown v. Board of Edu-
8
cation of Topeka and found each to be nationally
9
significant and to contribute unique stories to the
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case for educational equity.’’; and
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(C) by inserting after paragraph (6) (as so
12
redesignated by this section), the following:
13
‘‘(7) Summerton High School in South Caro-
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lina, the all-White school that refused to admit the
15
plaintiffs in Briggs v. Elliott, has been listed on the
16
National Register of Historic Places in recognition
17
of its national significance and is used as adminis-
18
trative offices for Clarendon School District 1. Other
19
sites include former Scott’s Branch High School, an
20
‘equalization school’ constructed for African-Amer-
21
ican students in 1951 to provide facilities com-
22
parable to those of White students and that is now
23
the
Community
Resource
Center
owned
by
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Clarendon School District 1.
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‘‘(8) Robert Russa Moton School, the all-Black
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school in Farmville, Virginia, which was the location
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of a student-led strike leading to Davis v. County
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School Board of Prince Edward County, Spottswood
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Thomas Bolling, et al., Petitioners, v. C. Melvin
5
Sharpe, President of the District of Columbia Board
6
of Education, et al., has been designated a National
7
Historic Landmark in recognition of its national sig-
8
nificance. The school, now the Robert Russa Moton
9
Museum, is governed by the Moton Museum, Inc.,
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and affiliated with Longwood University.
11
‘‘(9) Howard High School in Wilmington, Dela-
12
ware, an all-Black school to which plaintiffs in
13
Belton v. Gebhart were forced to travel, has been
14
designated a National Historic Landmark in rec-
15
ognition of its national significance. Now the How-
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ard High School of Technology, it is an active school
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administered by the New Castle County Vocational-
18
Technical School District. The all-White Claymont
19
High School, which denied plaintiffs admission, is
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now the Claymont Community Center administered
21
by the Brandywine Community Resource Council,
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Inc. The Hockessin School #107C (Hockessin Col-
23
ored School) is the all-Black school in Hockessin,
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Delaware that one of the plaintiffs in Belton v.
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•S 4622 IS
Gebhart was required to attend with no public trans-
1
portation provided. The former Hockessin School
2
building is utilized by Friends of Hockessin Colored
3
School #107, Inc. as a community facility.
4
‘‘(10) John Philip Sousa Junior High School in
5
the District of Columbia, the all-White school that
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refused to admit plaintiffs in Bolling v. Sharpe, has
7
been designated a National Historic Landmark in
8
recognition of its national significance. John Philip
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Sousa Junior High School, now John Philip Sousa
10
Middle School, is owned by the District of Columbia
11
Department of General Services and administered by
12
the District of Columbia Public Schools.’’.
13
(3) In section 102(b)(3)—
14
(A) by inserting ‘‘, protection,’’ after
15
‘‘preservation’’;
16
(B) by inserting ‘‘, Kansas; Summerton,
17
South
Carolina;
Farmville,
Virginia;
Wil-
18
mington and Hockessin, Delaware; and the Dis-
19
trict of Columbia’’ after ‘‘Topeka’’; and
20
(C) by inserting ‘‘and the context of Brown
21
v. Board of Education’’ after ‘‘civil rights move-
22
ment’’.
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(4) In section 103, by inserting after subsection
24
(b) the following:
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‘‘(c) BOUNDARY ADJUSTMENT.—
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‘‘(1) IN
GENERAL.—In addition to land de-
2
scribed in subsection (b), the historic site shall con-
3
sist of land and interests in land identified as
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Summerton High School and Scott’s Branch High
5
School located in Clarendon County, South Carolina,
6
after such land, or interests in land, is acquired by
7
the Secretary and the determination is made under
8
paragraph (2).
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‘‘(2) DETERMINATION
BY
SECRETARY.—The
10
historic site shall not be expanded until the date on
11
which the Secretary determines that a sufficient
12
quantity of land, or interests in land, has been ac-
13
quired to constitute a manageable park unit.
14
‘‘(3) NOTICE.—Not later than 30 days after the
15
date on which the Secretary makes a determination
16
under paragraph (2), the Secretary shall publish in
17
the Federal Register notice of the expansion of the
18
historic site.
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‘‘(4) MAP.—After the determination in sub-
20
section (2), the Secretary shall publish a new map
21
of the historic site to include land or interests in
22
land acquired under this subsection.’’.
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(5) In section 104—
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(A) by striking ‘‘section 103(b)’’ and in-
1
serting ‘‘subsections (b) and (c) of section
2
103’’;
3
(B) by striking ‘‘: Provided, however, That
4
the’’ inserting ‘‘The’’; and
5
(C) by adding before the final period the
6
following: ‘‘nor by condemnation of any land or
7
interest in land within the boundaries of the
8
historic site’’.
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(6) In section 105(c), by inserting before the
10
final period the following: ‘‘in Topeka, Kansas. After
11
the boundary adjustment under section 103(c), the
12
Secretary shall prepare and submit to the Com-
13
mittee on Natural Resources of the House of Rep-
14
resentatives and the Committee on Energy and Nat-
15
ural Resources of the Senate a general management
16
plan for the historic site locations in Clarendon
17
County, South Carolina’’.
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(7) By inserting after section 105, the fol-
19
lowing:
20
‘‘SEC. 106. ESTABLISHMENT OF THE BROWN V. BOARD OF
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EDUCATION AFFILIATED AREAS.
22
‘‘(a) IN GENERAL.—The locations associated with the
23
three court cases included in Brown v. Board of Education
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of Topeka described in sections 102(a)(8), (9), and (10)
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are established as affiliated areas of the National Park
1
System.
2
‘‘(b) ADMINISTRATION.—The affiliated areas shall be
3
managed in accordance with—
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‘‘(1) this section; and
5
‘‘(2) any law generally applicable to units of the
6
National Park System.
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‘‘(c) GENERAL MANAGEMENT PLAN.—
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‘‘(1) IN GENERAL.—Not later than two years
9
after the date of the enactment of this Act, the Sec-
10
retary, in consultation with the management entity
11
of each affiliated area, shall develop a general man-
12
agement plan for each of the affiliated areas in ac-
13
cordance with section 100502 of title 54, United
14
States Code. The general management plan shall—
15
‘‘(A) be prepared in consultation and co-
16
ordination with the interested State, county,
17
and local governments, management entities,
18
organizations, and interested members of the
19
public associated with the affiliated area;
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‘‘(B) identify, as appropriate, the roles and
21
responsibilities of the National Park Service
22
and management entity in administering and
23
interpreting the affiliated area in such a man-
24
ner that it does not interfere with existing oper-
25
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ations and continued use of existing facilities;
1
and
2
‘‘(C) require the Secretary to coordinate
3
the preparation and implementation of the
4
management plan and interpretation of the af-
5
filiated area with the Brown v. Board of Edu-
6
cation National Historic Site.
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‘‘(2) PUBLIC COMMENT.—The Secretary shall—
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‘‘(A) hold not less than one public meeting
9
in the general proximity of each affiliated area
10
on the proposed general management plan, in-
11
cluding opportunities for public comment; and
12
‘‘(B) publish the draft general manage-
13
ment plan on the internet and provide an op-
14
portunity for public comment.
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‘‘(3) TRANSMITTAL.—Not later than 3 years
16
after the date on which funds are made available to
17
carry out this section, the Secretary shall transmit
18
the general management plan for each affiliated area
19
developed under subparagraph (1) to the Committee
20
on Natural Resources of the House of Representa-
21
tives and the Committee on Energy and Natural Re-
22
sources of the Senate.
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‘‘(d) MANAGEMENT ENTITY.—The organizations de-
24
scribed in paragraphs (8), (9), and (10) of section 102(a)
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shall be the management entity for its respective affiliated
1
area.
2
‘‘(e) COOPERATIVE AGREEMENTS.—The Secretary
3
may provide technical assistance and grants and enter into
4
cooperative agreements with the management entity for
5
each affiliated area to provide financial assistance for the
6
marketing, marking, interpretation, and preservation of
7
the respective affiliated area.
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‘‘(f) LAND USE.—Nothing in this section affects land
9
use rights of private property owners within or adjacent
10
to the affiliated areas, including activities or uses on pri-
11
vate land that can be seen or heard within the affiliated
12
areas and the authorities for management entities to oper-
13
ate and administer the affiliated areas.
14
‘‘(g) LIMITED ROLE OF THE SECRETARY.—Nothing
15
in this section authorizes the Secretary to acquire property
16
in an affiliated area or to assume overall financial respon-
17
sibility for the operation, maintenance, or management of
18
an affiliated area. Each affiliated area shall continue to
19
be owned, operated, and managed by its respective public
20
and private owners.’’.
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(8) By redesignating section 106 as section
22
107.
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(9) In section 107 (as so redesignated by this
24
subsection), by inserting before the period the fol-
25
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lowing: ‘‘at the historic site, and there is authorized
1
to be appropriated such sums as are necessary to
2
carry out sections 103(c) and 106’’.
3
Æ
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