CHAPTER 3086—UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM

        

§308601. Definitions

In this chapter:

(1) Burial ground.—The term "burial ground" means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains are deposited as a part of the death rite or ceremony of a culture.

(2) Historic.—The term "historic", with respect to a property, means a property that can reasonably be considered to date back at least 50 years.

(3) Program.—The term "Program" means the United States African-American Burial Grounds Preservation Program established under section 308602(a).

(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5613.)

§308602. United States African-American Burial Grounds Preservation Program

(a) In General.—The Secretary shall establish within the Service, in accordance with this chapter, a program to be known as the "United States African-American Burial Grounds Preservation Program".

(b) Duties of Secretary.—In carrying out the Program, the Secretary, in consultation with the National Trust for Historic Preservation and members of the African-American heritage community, shall develop a program for the provision of grants in accordance with section 308603(a).

(c) Donations.—The Secretary may accept monetary donations to further the purposes of this chapter.

(d) Consent of Private Property Owner Required.—Burial grounds shall only be considered for a grant under the Program—

(1) with the consent of the property owner; and

(2) at the request of an individual, landowner, private or nonprofit organization, State, Tribal, or local government, or other entity.

(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5613.)

§308603. Authority to make grants

(a) In General.—The Secretary may make grants to other Federal agencies, State, local, and Tribal governments, other public entities, educational institutions, historic preservation groups, and private nonprofit organizations in accordance with this chapter for—

(1) the identification of historic African-American burial grounds that may qualify for the Program;

(2) the preservation and restoration of African-American burial grounds;

(3) the interpretation of African-American burial grounds; and

(4) related research and documentation for historic African-American burial grounds.

(b) Funding.—

(1) In general.—There is authorized to be appropriated to the Secretary to carry out this section $3,000,000 for each of fiscal years 2023 through 2027.

(2) Availability.—Any amounts made available for a fiscal year under paragraph (1) that are not used during that fiscal year shall be available for use under this section during any subsequent fiscal year.

(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5613.)

§308604. Cooperative agreements and memoranda of understanding

The Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Tribal governments, regional governmental bodies, nonprofit organizations, educational institutions, and private entities—

(1) to achieve the purposes of this chapter; and

(2) to ensure effective coordination of the Federal elements and non-Federal elements provided a grant or other assistance under the Program with System units and programs of the Service.

(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5614.)

§308605. Private property protection

Nothing in this chapter—

(1) authorizes the Secretary to require or affect the management or use of private property without the written consent of the owner of the private property;

(2) prohibits the Secretary from providing land management guidance or requirements relating to private property as a condition of a grant provided to the owner of the private property under this chapter; or

(3) shall be construed as creating any new regulatory burden on any Federal, State, Tribal, or private entity.

(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5614.)