II 

Calendar No. 295 

117TH CONGRESS 

2D SESSION S. 270 

[Report No. 117–87] 

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 

FEBRUARY 8, 2021 

Mr. COONS (for himself, Mr. GRAHAM, Mr. WARNER, Mr. SCOTT of South 

Carolina, Mr. CARPER, Mr. MORAN, Mr. KAINE, and Mr. MARSHALL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

MARCH 2, 2022 

Reported by Mr. MANCHIN, with an amendment 

[Insert the part printed in italic] 

A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brown v. Board of 

5 Education National Historic Site Expansion Act’’. 

6 SEC. 2. EXPANSION OF THE BROWN V. BOARD OF EDU7 CATION NATIONAL HISTORIC SITE. 

8 In order to honor the civil rights stories of struggle, 

9 perseverance, and activism in the pursuit of education eq10 uity, the Act entitled ‘‘Act to provide for the establishment 

11 of the Brown v. Board of Education National Historic Site 

12 in the State of Kansas, and for other purposes’’ approved 

13 October 26, 1992 (Public Law 102–525; 106 Stat. 3438 

14 et seq.), is amended as follows: 

15 (1) In section 101, by adding at the end the fol16 lowing new paragraph: 

17 ‘‘(3) The terms ‘affiliated area’ and ‘affiliated 

18 areas’ mean one or more of the locations associated 

19 with the four court cases included in Brown v. 

20 Board of Education of Topeka described in section 

21 102(a)(8), (9), and (10).’’. 

22 (2) In section 102(a)— 

23 (A) by redesignating paragraphs (3) and 

24 (4) as paragraphs (5) and (6), respectively; 


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1 (B) by inserting after paragraph (2), the 

2 following: 

3 ‘‘(3) The Brown case was joined by four other 

4 cases related to school segregation pending before 

5 the Supreme Court (Briggs v. Elliott, filed in South 

6 Carolina; Davis v. County School Board of Prince 

7 Edward County, Spottswood Thomas Bolling, et al., 

8 Petitioners, v. C. Melvin Sharpe, President of the 

9 District of Columbia Board of Education, et al., 

10 filed in Virginia; Gebhart v. Belton, filed in Dela11 ware; and Bolling v. Sharpe, filed in the District of 

12 Columbia) and consolidated into one case named 

13 Brown v. Board of Education of Topeka. 

14 ‘‘(4) A 1999 historic resources study examined 

15 the five cases included in Brown v. Board of Edu16 cation of Topeka and found each to be nationally 

17 significant and to contribute unique stories to the 

18 case for educational equity.’’; and 

19 (C) by inserting after paragraph (6) (as so 

20 redesignated by this section), the following: 

21 ‘‘(7) Summerton High School in South Caro22 lina, the all-White school that refused to admit the 

23 plaintiffs in Briggs v. Elliott, has been listed on the 

24 National Register of Historic Places in recognition 

25 of its national significance and is used as adminisVerDate Sep 11 2014 00:22 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S270.RS S270

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1 trative offices for Clarendon School District 1. Other 

2 sites include former Scott’s Branch High School, an 

3 ‘equalization school’ constructed for African-Amer4 ican students in 1951 to provide facilities com5 parable to those of White students and that is now 

6 the Community Resource Center owned by 

7 Clarendon School District 1. 

8 ‘‘(8) Robert Russa Moton School, the all-Black 

9 school in Farmville, Virginia, which was the location 

10 of a student-led strike leading to Davis v. County 

11 School Board of Prince Edward County, Spottswood 

12 Thomas Bolling, et al., Petitioners, v. C. Melvin 

13 Sharpe, President of the District of Columbia Board 

14 of Education, et al., has been designated a National 

15 Historic Landmark in recognition of its national sig16 nificance. The school, now the Robert Russa Moton 

17 Museum, is governed by the Moton Museum, Inc., 

18 and affiliated with Longwood University. 

19 ‘‘(9) Howard High School in Wilmington, Dela20 ware, an all-Black school to which plaintiffs in 

21 Belton v. Gebhart were forced to travel, has been 

22 designated a National Historic Landmark in rec23 ognition of its national significance. Now the How24 ard High School of Technology, it is an active school 

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1 Technical School District. The all-White Claymont 

2 High School, which denied plaintiffs admission, is 

3 now the Claymont Community Center administered 

4 by the Brandywine Community Resource Council, 

5 Inc. The Hockessin School #107C (Hockessin Col6 ored School) is the all-Black school in Hockessin, 

7 Delaware that one of the plaintiffs in Belton v. 

8 Gebhart was required to attend with no public trans9 portation provided. The former Hockessin School 

10 building is utilized by Friends of Hockessin Colored 

11 School #107, Inc. as a community facility. 

12 ‘‘(10) John Philip Sousa Junior High School in 

13 the District of Columbia, the all-White school that 

14 refused to admit plaintiffs in Bolling v. Sharpe, has 

15 been designated a National Historic Landmark in 

16 recognition of its national significance. John Philip 

17 Sousa Junior High School, now John Philip Sousa 

18 Middle School, is owned by the District of Columbia 

19 Department of General Services and administered by 

20 the District of Columbia Public Schools.’’. 

21 (3) In section 102(b)(3)— 

22 (A) by inserting ‘‘, protection,’’ after 

23 ‘‘preservation’’; 

24 (B) by inserting ‘‘, Kansas; Summerton, 

25 South Carolina; Farmville, Virginia; WilVerDate Sep 11 2014 00:22 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S270.RS S270

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1 mington and Hockessin, Delaware; and the Dis2 trict of Columbia’’ after ‘‘Topeka’’; and 

3 (C) by inserting ‘‘and the context of Brown 

4 v. Board of Education’’ after ‘‘civil rights move5 ment’’. 

6 (4) In section 103, by inserting after subsection 

7 (b) the following: 

8 ‘‘(c) BOUNDARY ADJUSTMENT.— 

9 ‘‘(1) IN GENERAL.—In addition to land de10 scribed in subsection (b), the historic site shall con11 sist of land and interests in land identified as 

12 Summerton High School and Scott’s Branch High 

13 School located in Clarendon County, South Carolina, 

14 after such land, or interests in land, is acquired by 

15 the Secretary and the determination is made under 

16 paragraph (2). 

17 ‘‘(2) DETERMINATION BY SECRETARY.—The 

18 historic site shall not be expanded until the date on 

19 which the Secretary determines that a sufficient 

20 quantity of land, or interests in land, has been ac21 quired to constitute a manageable park unit. 

22 ‘‘(3) NOTICE.—Not later than 30 days after the 

23 date on which the Secretary makes a determination 

24 under paragraph (2), the Secretary shall publish in 


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1 the Federal Register notice of the expansion of the 

2 historic site. 

3 ‘‘(4) MAP.—After the determination in sub4 section (2), the Secretary shall publish a new map 

5 of the historic site to include land or interests in 

6 land acquired under this subsection.’’. 

7 (5) In section 104— 

8 (A) by striking ‘‘section 103(b)’’ and in9 serting ‘‘subsections (b) and (c) of section 

10 103’’; 

11 (B) by striking ‘‘: Provided, however, That 

12 the’’ and inserting ‘‘. The’’; and 

13 (C) by adding before the final period the 

14 following: ‘‘nor by condemnation of any land or 

15 interest in land within the boundaries of the 

16 historic site’’. 

17 (6) In section 105(c), by inserting before the 

18 final period the following: ‘‘in Topeka, Kansas. After 

19 the boundary adjustment under section 103(c), the 

20 Secretary shall prepare and submit to the Com21 mittee on Natural Resources of the House of Rep22 resentatives and the Committee on Energy and Nat23 ural Resources of the Senate a general management 

24 plan for the historic site locations in Clarendon 

25 County, South Carolina’’. 


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1 (7) By inserting after section 105, the fol2 lowing: 

3 ‘‘SEC. 106. ESTABLISHMENT OF THE BROWN V. BOARD OF 

4 EDUCATION AFFILIATED AREAS. 

5 ‘‘(a) IN GENERAL.—The locations associated with the 

6 three court cases included in Brown v. Board of Education 

7 of Topeka described in sections 102(a)(8), (9), and (10) 

8 are established as affiliated areas of the National Park 

9 System. 

10 ‘‘(b) ADMINISTRATION.—The affiliated areas shall be 

11 managed in accordance with— 

12 ‘‘(1) this section; and 

13 ‘‘(2) any law generally applicable to units of the 

14 National Park System. 

15 ‘‘(c) GENERAL MANAGEMENT PLAN.— 

16 ‘‘(1) IN GENERAL.—Not later than two years 

17 after the date of the enactment of this Act, the Sec18 retary, in consultation with the management entity 

19 of each affiliated area, shall develop a general man20 agement plan for each of the affiliated areas in ac21 cordance with section 100502 of title 54, United 

22 States Code. The general management plan shall— 

23 ‘‘(A) be prepared in consultation and co24 ordination with the interested State, county, 

25 and local governments, management entities, 


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1 organizations, and interested members of the 

2 public associated with the affiliated area; 

3 ‘‘(B) identify, as appropriate, the roles and 

4 responsibilities of the National Park Service 

5 and management entity in administering and 

6 interpreting the affiliated area in such a man7 ner that it does not interfere with existing oper8 ations and continued use of existing facilities; 

9 and 

10 ‘‘(C) require the Secretary to coordinate 

11 the preparation and implementation of the 

12 management plan and interpretation of the af13 filiated area with the Brown v. Board of Edu14 cation National Historic Site. 

15 ‘‘(2) PUBLIC COMMENT.—The Secretary shall— 

16 ‘‘(A) hold not less than one public meeting 

17 in the general proximity of each affiliated area 

18 on the proposed general management plan, in19 cluding opportunities for public comment; and 

20 ‘‘(B) publish the draft general manage21 ment plan on the internet and provide an op22 portunity for public comment. 

23 ‘‘(3) TRANSMITTAL.—Not later than 3 years 

24 after the date on which funds are made available to 

25 carry out this section, the Secretary shall transmit 


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1 the general management plan for each affiliated area 

2 developed under subparagraph (1) to the Committee 

3 on Natural Resources of the House of Representa4 tives and the Committee on Energy and Natural Re5 sources of the Senate. 

6 ‘‘(d) MANAGEMENT ENTITY.—The organizations de7 scribed in paragraphs (8), (9), and (10) of section 102(a) 

8 shall be the management entity for its respective affiliated 

9 area. 

10 ‘‘(e) COOPERATIVE AGREEMENTS.—The Secretary 

11 may provide technical assistance and grants and enter into 

12 cooperative agreements with the management entity for 

13 each affiliated area to provide financial assistance for the 

14 marketing, marking, interpretation, and preservation of 

15 the respective affiliated area. 

16 ‘‘(f) LAND USE.—Nothing in this section affects land 

17 use rights of private property owners within or adjacent 

18 to the affiliated areas, including activities or uses on pri19 vate land that can be seen or heard within the affiliated 

20 areas and the authorities for management entities to oper21 ate and administer the affiliated areas. 

22 ‘‘(g) LIMITED ROLE OF THE SECRETARY.—Nothing 

23 in this section authorizes the Secretary to acquire property 

24 in an affiliated area or to assume overall financial respon25 sibility for the operation, maintenance, or management of 


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1 an affiliated area. Each affiliated area shall continue to 

2 be owned, operated, and managed by its respective public 

3 and private owners.’’. 

4 (8) By redesignating section 106 as section 

5 107. 

6 (9) In section 107 (as so redesignated by this 

7 subsection), by inserting before the period the fol8 lowing: ‘‘at the historic site, and there is authorized 

9 to be appropriated such sums as are necessary to 

10 carry out sections 103(c) and 106’’. 

11 SEC. 3. REDESIGNATION OF THE BROWN V. BOARD OF EDU12 CATION NATIONAL HISTORICAL PARK. 

13 (a) IN GENERAL.—The Brown v. Board of Education 

14 National Historic Site established by section 103(a) of Pub15 lic Law 102–525 (54 U.S.C. 320101 note; 106 Stat. 3439) 

16 shall be known and designated as the ‘‘Brown v. Board of 

17 Education National Historical Park’’. 

18 (b) REFERENCES.—Any reference in any law, regula19 tion, document, record, map, or other paper of the United 

20 States to the Brown v. Board of Education National His21 toric Site shall be considered to be a reference to the ‘‘Brown 

22 v. Board of Education National Historical Park’’. 


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Calendar No. 295 

117TH CONGRESS 

2D SESSION S. 270 

[Report No. 117–87] 

A BILL 

To amend the Act entitled ‘‘Act to provide for the 

tional Park System, and for other purposes. inclusion of additional related sites in the NaKansas, and for other purposes’’ to provide for cation National Historic Site in the State of establishment of the Brown v. Board of EduMARCH 2, 2022 

Reported with an amendment 


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