Brown v. Board of Education National Historical Park Expansion and Redesignation Act
PL 117-123 (S.270), enacted 05/12/2022

[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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