I 
113TH CONGRESS 
1ST SESSION 
H. R. 865 
To establish the African Burial Ground International Memorial Museum and 
Educational Center in New York, New York, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2013 
Mr. NADLER (for himself, Mr. MEEKS, and Mr. RANGEL) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To establish the African Burial Ground International Memo-
rial Museum and Educational Center in New York, New 
York, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘African Burial Ground 
International Memorial Museum and Educational Center 
Act’’. 
SEC. 2. FINDINGS. 
The Congress finds that— 
(1) the African Burial Ground National His-
toric Landmark in New York, New York, holds the 
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remains of up to 20,000 enslaved Africans and 
early-generation African-Americans from the colonial 
era; 
(2) the Africans and African-Americans that 
suffered under slavery show us the strength of the 
human character and provide us with a model of 
courage, commitment, and perseverance; 
(3) as President George W. Bush stated on 
July 8, 2003, during his remarks at Goree Island, 
Senegal: ‘‘For 250 years the captives endured an as-
sault on their culture and their dignity. The spirit 
of Africans in America did not break. . . . All the 
generations of oppression under the laws of man 
could not crush the hope of freedom and defeat the 
purposes of God.’’; 
(4) on February 27, 2006, President George W. 
Bush established the National Monument, which was 
comprised of the approximately 15,000-square-foot 
parcel of the National Historic Landmark that was 
bounded by Duane and Elk Streets in Lower Man-
hattan; 
(5) an international memorial museum facility 
dedicated to those individuals who suffered the grave 
injustice of slavery in the United States, while at the 
same time helping to build the country, would— 
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(A) reflect the significance of the African 
Burial Ground; and 
(B) help the people of the United States 
understand the past and honor the history of all 
people in the United States; 
(6) in 1998, the Secretary of the Smithsonian 
Institution— 
(A) stated that the African Burial Ground 
affords the perfect opportunity to gain insight 
into— 
(i) the institution of slavery, as prac-
ticed in urban, rural, northern, and south-
ern parts of the United States; and 
(ii) the international slave trade; and 
(B) proposed that a partnership be formed 
among the Smithsonian, the National Park 
Service, and the General Services Administra-
tion to further develop the African Burial 
Ground; 
(7) the National Museum of African American 
History and Culture Act (20 U.S.C. 80r et seq.), 
which authorized construction of a museum in 
Washington, DC, identified the period of slavery as 
one of the periods of the African-American diaspora 
that would be encompassed by the museum; 
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(8) the African Burial Ground— 
(A) is unlike any other anthropological and 
symbolic site in the United States or the world; 
(B) includes DNA samples from the re-
markably well-preserved human remains that 
will enable researchers to trace the home 
‘‘roots’’ in Africa of those individuals buried at 
the African Burial Ground; and 
(C) provides a fitting location for a na-
tional memorial facility, relating to the National 
Museum of African American History and Cul-
ture that would— 
(i) pay special tribute to— 
(I) the thousands of enslaved in-
dividuals who are buried at the Afri-
can Burial Ground; and 
(II) all of the individuals who 
were enslaved during the history of 
the United States; 
(ii) examine the African cultural tra-
ditions brought to the United States by the 
enslaved; and 
(iii) explore in-depth the institution of 
slavery; 
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(9) a memorial museum at the site of the Afri-
can Burial Ground— 
(A) was first recommended by a Federal 
steering committee in 1992; and 
(B) in conjunction with the planned World 
Trade Center memorial and other nearby sites, 
would attract millions of visitors from the 
United States and abroad, making a substantial 
contribution to the development and revitaliza-
tion of Lower Manhattan in response to the at-
tacks on the World Trade Center of September 
11, 2001; 
(10) Public Law 99–511 (100 Stat. 2080) en-
couraged support for the establishment of a com-
memorative structure within the National Park Sys-
tem or on other Federal land that is dedicated to the 
promotion of understanding, knowledge, opportunity, 
and equality for all people; 
(11) similar to the National Museum of the Na-
tive American that was established by section 3(a) of 
the National Museum of the American Indian Act 
(20 U.S.C. 80q–1(a)), a memorial museum at the 
site of the African Burial Ground would benefit from 
a partnership among— 
(A) the Federal Government; 
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(B) the State of New York; 
(C) the city of New York; and 
(D) members of the private sector; 
(12) the African Burial Ground— 
(A) has been determined to be nationally 
significant as— 
(i) a National Historic Landmark; 
and 
(ii) a National Monument; and 
(B) provides an important opportunity for 
interpretation, understanding, partnership and 
pride; and 
(13) the National Park Service— 
(A) has played an important role in the de-
velopment of the African Burial Ground (in-
cluding the designation of the African Burial 
Ground as a National Monument); 
(B) successfully operates other national fa-
cilities in the city of New York that symbolize 
freedom and the quest for freedom in America, 
including— 
(i) the Statue of Liberty National 
Monument; and 
(ii) Ellis Island National Monument; 
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(C) provided key support to the Presi-
dential Study Commission for the National Mu-
seum of African American History and Culture; 
and 
(D) is well-suited to assume a leadership 
role with respect to the creation of the Museum. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the General 
Services Administration. 
(2) ADVISORY COUNCIL.—The term ‘‘Advisory 
Council’’ means the African Burial Ground Advisory 
Council established by section 7(a). 
(3) CITY.—The term ‘‘City’’ means the city of 
New York, New York. 
(4) EXPANSION PROPERTY.—The term ‘‘expan-
sion property’’ means the property that is acquired 
by the Secretary under section 5(a). 
(5) MUSEUM.—The term ‘‘Museum’’ means the 
African Burial Ground International Memorial Mu-
seum and Educational Center established by section 
4(a). 
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(6) NATIONAL
LANDMARK.—The term ‘‘Na-
tional Landmark’’ means the African Burial Ground 
National Historic Landmark in the City. 
(7) NATIONAL
MONUMENT.—The term ‘‘Na-
tional Monument’’ means the African Burial Ground 
National Monument in the City. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the National Park Service. 
(9) STATE.—The term ‘‘State’’ means the State 
of New York. 
SEC. 4. ESTABLISHMENT OF MUSEUM. 
(a) ESTABLISHMENT.—There is established at the 
National Monument a memorial museum and educational 
center, to be known as the ‘‘African Burial Ground Inter-
national Memorial Museum and Educational Center’’. 
(b) PURPOSES.—The purposes of the Museum are— 
(1) to serve as a permanent living memorial— 
(A) to the enslaved who are buried at the 
African Burial Ground; and 
(B) to other Africans and African-Ameri-
cans who were enslaved; 
(2) to examine the African cultural traditions 
brought to the United States by the enslaved; 
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(3) to explore in-depth the institution of slavery 
in the United States and other parts of the world; 
(4) to provide a space for— 
(A) permanent and temporary exhibits; 
and 
(B) the collection and study of artifacts 
and documents; and 
(5) to encourage collaboration between the Mu-
seum and the National Museum of African American 
History and Culture, other museums, historically 
Black colleges and universities, historical societies, 
educational institutions, and other appropriate enti-
ties and organizations, including collaboration with 
respect to— 
(A) the development of cooperative pro-
grams and exhibitions, including through dig-
ital, electronic, and interactive technologies; 
(B) the identification, management, and 
care of Museum collections; and 
(C) the training of Museum and National 
Park Service professionals and other persons 
concerned with heritage preservation. 
(c) ASSOCIATION WITH NATIONAL MUSEUM.—The 
Museum shall become associated with the National Mu-
seum of African American History and Culture, in a man-
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ner to be determined by the Secretary, in consultation with 
the Advisory Council and the Board of Regents of the 
Smithsonian Institution. 
SEC. 5. SITE ACQUISITION AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Administrator, the Secretary of the Smithsonian 
Institution, the City, the State, and the Advisory Council, 
shall— 
(1) acquire for the Museum property that is lo-
cated— 
(A) adjacent to the National Monument; or 
(B) in any other area of the National 
Landmark other than the location described in 
subparagraph (A); and 
(2) plan, design, and construct the Museum on 
the property acquired under paragraph (1). 
(b) FEDERAL SHARE.—The Secretary shall pay 2⁄3 
of the total costs of— 
(1) acquiring property for the Museum; and 
(2) planning, designing, constructing, recon-
structing, and renovating, as applicable, the Mu-
seum. 
(c) CONTRACTING AUTHORITY.— 
(1) IN GENERAL.—The Secretary and the Ad-
ministrator may enter into any agreements with 
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each other, the City, the State, and other parties 
that are necessary for the acquisition, by donation or 
other means, of property for— 
(A) establishing the Museum; and 
(B) planning, designing, constructing, re-
constructing, and renovating, as applicable, the 
Museum. 
(2) SITE ACQUISITION.—The Secretary may ac-
quire property under subsection (a)(1) by purchase, 
long-term lease, or any other appropriate means of 
acquisition, as determined by the Secretary. 
(d) EXPANSION OF NATIONAL MONUMENT.—The ex-
pansion property is incorporated in, and shall be managed 
as part of, the National Monument. 
SEC. 6. OPERATION OF THE MUSEUM. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Advisory Council, shall operate the Museum. 
(b) AUTHORITIES.—The Secretary, in consultation 
with the Advisory Council, may— 
(1) purchase, accept, borrow, and otherwise ac-
quire artifacts for the collections of the Museum; 
(2) loan, exchange, sell, and otherwise dispose 
of any part of the collections of the Museum, if the 
proceeds of the disposition are used for additions to 
the collections of the Museum; 
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(3) specify criteria with respect to the use of 
the collections and resources of the Museum, includ-
ing policies on programming, education, exhibitions, 
and research; 
(4) provide for preservation, restoration, and 
maintenance of the collections of the Museum; 
(5) solicit, accept, use, and dispose of gifts, be-
quests, and devises of real and personal property for 
the purpose of facilitating the work of the Museum; 
(6) contract with such parties as may be nec-
essary to facilitate the operation of the Museum; 
(7) administer the National Monument as a 
unit of the National Park System in accordance 
with— 
(A) this Act; and 
(B) the laws generally applicable to units 
of the National Park System, including the Act 
of August 25, 1916 (commonly known as the 
‘‘National Park Service Organic Act’’) (16 
U.S.C. 1 et seq.); and 
(8) conduct any other activities that are nec-
essary to carry out the purposes of this Act. 
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SEC. 7. ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—There is established within 
the Department of the Interior an advisory council to be 
known as the ‘‘African Burial Ground Advisory Council’’. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Advisory Council shall 
be composed of the following members or their des-
ignees: 
(A) The Secretary, who shall serve as 
Chairperson of the Advisory Council. 
(B) The Director of the National Park 
Service. 
(C) The Secretary of the Smithsonian In-
stitution. 
(D) The Administrator. 
(E) The Governor of the State. 
(F) The Mayor of the City. 
(G) The President of the Borough of Man-
hattan. 
(H) Fourteen members, to be appointed by 
the Secretary, taking into consideration— 
(i) recommendations from organiza-
tions and entities that are committed to 
the legacy of the African Burial Ground; 
and 
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(ii) recommendations from the mem-
bers of the Advisory Council. 
(2) NONVOTING
MEMBERS.—The Secretary 
may appoint as nonvoting members of the Advisory 
Council— 
(A) members of the United States Senate; 
(B) members of the House of Representa-
tives; 
(C) officials representing the City; 
(D) officials representing the State; and 
(E) any other individuals that the Sec-
retary, in consultation with the members of the 
Advisory Council, determines to be appropriate. 
(3) DATE OF APPOINTMENTS.—The initial ap-
pointment of a member under paragraph (1) shall be 
made not later than 180 days after the date of en-
actment of this Act. 
(c) TERMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), each member of the Advisory Council 
shall be appointed for a term of 3 years. 
(2) INITIAL
APPOINTEES.—Of the members 
first appointed under subsection (b)(1)(H)— 
(A) 5 members shall be appointed for a 
term of 1 year; 
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(B) 5 members shall be appointed for a 
term of 2 years; and 
(C) 4 members shall be appointed for a 
term of 3 years. 
(3) REAPPOINTMENT.— 
(A) IN GENERAL.—A member of the Advi-
sory Council may be reappointed, except that no 
individual may serve on the Advisory Council 
for a total of more than 2 terms. 
(B) VACANCY APPOINTMENTS.—For pur-
poses of subparagraph (A), the number of 
terms an individual serves on the Advisory 
Council shall not include any portion of a term 
for which an individual is appointed to fill a va-
cancy under paragraph (4)(B). 
(4) VACANCIES.— 
(A) IN GENERAL.—A vacancy on the Advi-
sory Council— 
(i) shall not affect the powers of the 
Advisory Council; and 
(ii) shall be filled in the same manner 
as the original appointment was made. 
(B) TERM.—Any member of the Advisory 
Council appointed to fill a vacancy occurring 
before the expiration of the term for which the 
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member’s predecessor was appointed shall be 
appointed for the remainder of that term. 
(d) DUTIES.—The Advisory Council shall— 
(1) make recommendations to the Secretary on 
the planning, design, and construction of the Mu-
seum; 
(2) advise and assist the Secretary on all mat-
ters relating to the administration, operation, main-
tenance, and preservation of the Museum; 
(3) provide significant opportunities for public 
input with respect to carrying out the duties under 
paragraphs (1) and (2); and 
(4) adopt bylaws for the operation of the Advi-
sory Council. 
(e) COMPENSATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a member of the Advisory Council shall 
serve without compensation. 
(2) TRAVEL
EXPENSES.—A member of the 
Council shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized 
for an employee of an agency under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
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the member in the performance of the duties of the 
Advisory Council. 
(f) MEETINGS.— 
(1) IN GENERAL.—The Advisory Council shall 
meet at the call of the chairperson or on the written 
request of a majority of the members of the Advi-
sory Council, but not fewer than 2 times each year. 
(2) INITIAL MEETINGS.—During the 1-year pe-
riod beginning on the date of the first meeting of the 
Advisory Council, the Advisory Council shall meet 
not fewer than 4 times for the purpose of carrying 
out the duties of the Advisory Council. 
(g) QUORUM.—A majority of the members of the Ad-
visory Council shall constitute a quorum for the purpose 
of conducting business, but a lesser number may receive 
information on behalf of the Advisory Council. 
SEC. 8. DIRECTOR AND STAFF. 
(a) DIRECTOR.— 
(1) IN GENERAL.—The Secretary shall appoint 
a Director for the Museum, taking into consider-
ation recommendations by the Advisory Council. 
(2) DUTIES.—The Director of the Museum 
shall manage the Museum, in accordance with any 
policies established by the Secretary, in consultation 
with the Advisory Council. 
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(b) STAFF.— 
(1) APPOINTMENT.—The Secretary may, with-
out regard to the civil service laws, appoint 2 em-
ployees to assist the Director of the Museum in car-
rying out the duties of the Director. 
(2) COMPENSATION.—The employees appointed 
under subsection (b) may be paid without regard to 
the provisions of chapter 51 and subchapter III of 
chapter 53 of title 5, United States Code. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), there are authorized to be appropriated to the Sec-
retary to carry out this Act— 
(1) $15,000,000 for fiscal year 2014; and 
(2) such sums as are necessary for each fiscal 
year thereafter. 
(b) ACQUISITION OF MUSEUM SITE.—There are au-
thorized to be appropriated such sums as are necessary 
to carry out section 5. 
(c) AVAILABILITY.—Amounts made available under 
subsections (a) and (b) shall remain available, without fis-
cal year limitation, until expended. 
(d) USE OF FUNDS FOR FUND-RAISING.—Amounts 
made available under this section may be used to raise 
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funds from private sources to support and promote the 
Museum. 
Æ 
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