16 USC CHAPTER 1, SUBCHAPTER LIX-GGG: BROWN V. BOARD OF EDUCATION NATIONAL HISTORICAL PARK

From Title 16—CONSERVATIONCHAPTER 1—NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES

SUBCHAPTER LIX–GGG—BROWN V. BOARD OF EDUCATION NATIONAL HISTORICAL PARK

Editorial Notes

Codification

Pub. L. 102–525, title I, which enacted this subchapter, originally established the Brown v. Board of Education National Historic Site, which is listed in a table of National Historic Sites under section 320101 of Title 54, National Park Service and Related Programs. The amendments made by Pub. L. 117–123 effectively redesignated the site as the Brown v. Board of Education National Historical Park, after which the text of Pub. L. 102–525, title I, was set out as this subchapter.

Pub. L. 117–123, §2(c)(1), May 12, 2022, 136 Stat. 1196, substituted "HISTORICAL PARK" for "HISTORIC SITE" in heading.

§410iiii. Definitions

In this subchapter:

(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 410iiii–1(a) of this title that is designated as an affiliated area of the National Park System by section 410iiii–5(a) of this title.

(2) Historical park

The term "historical park" means the Brown v. Board of Education National Historical Park as established in section 410iiii–2 of this title.

(3) Secretary

The term "Secretary" means the Secretary of the Interior.

(Pub. L. 102–525, title I, §101, Oct. 26, 1992, 106 Stat. 3438; Pub. L. 117–123, §§2(c)(2), (4), 3(b), May 12, 2022, 136 Stat. 1196.)

Editorial Notes

Amendments

2022—Pub. L. 117–123, §3(b)(1), substituted "In this subchapter:" for "As used in this subchapter—" in introductory provisions.

Par. (1). Pub. L. 117–123, §3(b)(5), added par. (1). Former par. (1) redesignated (3).

Pub. L. 117–123, §3(b)(2)–(4), inserted heading, substituted "The term" for "the term", and subsequently redesignated par. (1) as (3).

Par. (2). Pub. L. 117–123, §3(b)(3), inserted heading.

Pub. L. 117–123, §2(c)(2), (4), substituted "historical park" for "historic site" and "National Historical Park" for "National Historic Site".

Par. (3). Pub. L. 117–123, §3(b)(4), redesignated par. (1) as (3).

Statutory Notes and Related Subsidiaries

Short Title of 2022 Amendment

Pub. L. 117–123, §1, May 12, 2022, 136 Stat. 1196, provided that: "This Act [enacting section 410iiii–5 of this title, amending this section and sections 410iiii–1 to 410iiii–4 and 410iiii–6 of this title, and enacting provisions set out as notes under this section] may be cited as the 'Brown v. Board of Education National Historical Park Expansion and Redesignation Act'."

Redesignation of the Brown v. Board of Education National Historical Park; References

Pub. L. 117–123, §2(a), (b), May 12, 2022, 136 Stat. 1196, provided that:

"(a) In General.—The Brown v. Board of Education National Historic Site established by section 103(a) of Public Law 102–525 (106 Stat. 3439) [16 U.S.C. 410iiii–2(a)] 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'."

Purpose for Expansion of the Brown v. Board of Education National Historical Park and Establishment of Affiliated Areas

Pub. L. 117–123, §3(a), May 12, 2022, 136 Stat. 1196, provided that: "The purpose of this section [enacting section 410iiii–5 of this title and amending this section and sections 410iiii–1 to 410iiii–4 and 410iiii–6 of this title] is to honor the civil rights stories of struggle, perseverance, and activism in the pursuit of education equity."

§410iiii–1. Findings and purposes

(a) Findings

The Congress finds as follows:

(1) The Supreme Court, in 1954, ruled that the earlier 1896 Supreme Court decision in Plessy v. Ferguson that permitted segregation of races in elementary schools violated the fourteenth amendment to the United States Constitution, which guarantees all citizens equal protection under the law.

(2) In the 1954 proceedings, Oliver Brown and twelve other plaintiffs successfully challenged an 1879 Kansas law that had been patterned after the law in question in Plessy v. Ferguson after the Topeka, Kansas, Board of Education refused to enroll Mr. Brown's daughter, Linda.

(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.

(5) Sumner Elementary, the all-white school that refused to enroll Linda Brown, and Monroe Elementary, the segregated school she was forced to attend, have subsequently been designated National Historic Landmarks in recognition of their national significance.

(6) Sumner Elementary, an active school, is administered by the Topeka Board of Education; Monroe Elementary, closed in 1975 due to declining enrollment, is privately owned and stands vacant.

(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—

(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

(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.

(b) Purposes

The purposes of this subchapter are—

(1) to preserve, protect, and interpret for the benefit and enjoyment of present and future generations, the places that contributed materially to the landmark United States Supreme Court decision that brought an end to segregation in public education; and ¹

(2) to interpret the integral role of the Brown v. Board of Education case in the civil rights movement.²

(3) to assist in the preservation, protection, and interpretation of related resources within Topeka, Kansas, Summerton, South Carolina, Farmville, Virginia, Wilmington, Claymont, and Hockessin, Delaware, and the District of Columbia that further the understanding of the civil rights movement and the context of Brown v. Board of Education.

(Pub. L. 102–525, title I, §102, Oct. 26, 1992, 106 Stat. 3438; Pub. L. 117–123, §3(c), (d), May 12, 2022, 136 Stat. 1197, 1198.)

Editorial Notes

Amendments

2022—Subsec. (a)(3) to (10). Pub. L. 117–123, §3(c), added pars. (3), (4), and (7) to (10) and redesignated former pars. (3) and (4) as (5) and (6), respectively.

Subsec. (b)(3). Pub. L. 117–123, §3(d), inserted ", protection," after "preservation" and "and the context of Brown v. Board of Education" after "civil rights movement" and substituted "Topeka, Kansas, Summerton, South Carolina, Farmville, Virginia, Wilmington, Claymont, and Hockessin, Delaware, and the District of Columbia" for "the city of Topeka".

¹ So in original. The word "and" probably should not appear.

² So in original. The period probably should be "; and".

§410iiii–2. Establishment of the Civil Rights in Education: Brown v. Board of Education National Historical Park

(a) In general

There is hereby established as a unit of the National Park System the Brown v. Board of Education National Historical Park in the State of Kansas.

(b) Description

The historical park shall consist of the Monroe Elementary School site in the city of Topeka, Shawnee County, Kansas, as generally depicted on a map entitled "Brown v. Board of Education National Historic Site," numbered Appendix A and dated June 1992. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(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—

(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

(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.

(Pub. L. 102–525, title I, §103, Oct. 26, 1992, 106 Stat. 3439; Pub. L. 117–123, §§2(c)(2)–(4), 3(e), May 12, 2022, 136 Stat. 1196, 1198.)

Editorial Notes

Amendments

2022—Pub. L. 117–123, §2(c)(3), substituted "Historical Park" for "Historic Site" in section catchline.

Subsec. (a). Pub. L. 117–123, §2(c)(2), substituted "National Historical Park" for "National Historic Site".

Subsec. (b). Pub. L. 117–123, §2(c)(4), substituted "historical park" for "historic site".

Subsec. (c). Pub. L. 117–123, §3(e), added subsec. (c).

§410iiii–3. Property acquisition

The Secretary is authorized to acquire by donation, exchange, or purchase with donated or appropriated funds the real property described in subsections (b) and (c) of section 410iiii–2 of this title. Any property owned by the State of Kansas or South Carolina or any political subdivision thereof may be acquired only by donation. The Secretary may also acquire by the same methods personal property associated with, and appropriate for, the interpretation of the historical park. The Secretary may not acquire such personal property without the consent of the owner or by condemnation of any land or interest in land within the boundaries of the historical park.

(Pub. L. 102–525, title I, §104, Oct. 26, 1992, 106 Stat. 3439; Pub. L. 117–123, §§2(c)(4), 3(f), May 12, 2022, 136 Stat. 1196, 1199.)

Editorial Notes

Amendments

2022—Pub. L. 117–123 substituted "subsections (b) and (c) of section 410iiii–2" for "section 410iiii–2(b)", "State of Kansas or South Carolina" for "States of Kansas", and "historical park. The Secretary" for "historic site: Provided, however, That the Secretary" and inserted "or by condemnation of any land or interest in land within the boundaries of the historical park" after "without the consent of the owner".

§410iiii–4. Administration of historical park

(a) In general

The Secretary shall administer the historical park in accordance with this subchapter and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535), and the Act of August 21, 1935 (49 Stat. 666).

(b) Cooperative agreements

The Secretary is authorized to enter into cooperative agreements with private as well as public agencies, organizations, and institutions in furtherance of the purposes of this subchapter.

(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.

(Pub. L. 102–525, title I, §105, Oct. 26, 1992, 106 Stat. 3439; Pub. L. 117–123, §§2(c)(3), (4), 3(g), May 12, 2022, 136 Stat. 1196, 1199.)

Editorial Notes

References in Text

The Act of August 25, 1916, referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 35, popularly known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of August 21, 1935, referred to in subsec. (a), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites, Buildings and Antiquities Act and also as the Historic Sites Act of 1935, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Amendments

2022—Pub. L. 117–123, §2(c)(3), substituted "historical park" for "historic site" in section catchline.

Subsec. (a). Pub. L. 117–123, §2(c)(4), substituted "historical park" for "historic site".

Subsec. (c). Pub. L. 117–123, §3(g), added subsec. (c) and struck out former subsec. (c) which required submission of a general management plan within two fiscal years after funds were made available.

§410iiii–5. Establishment of the Brown v. Board of Education affiliated areas

(a) 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 410iiii–2(c)(1) of this title, 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

(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 subchapter; and

(2) the laws generally applicable to units of the National Park System.

(c) 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) 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) publish the draft management plan on the internet; and

(ii) provide an opportunity for public comment on the draft management plan.

(4) Submission

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.

(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.

(Pub. L. 102–525, title I, §106, as added Pub. L. 117–123, §3(h)(2), May 12, 2022, 136 Stat. 1199.)

Editorial Notes

Prior Provisions

A prior section 106 of Pub. L. 102–525 was renumbered section 107 and is classified to section 410iiii–6 of this title.

§410iiii–6. Authorization of appropriations

There are authorized to be appropriated $1,250,000 to carry out the purposes of this subchapter including land acquisition and initial development.

(Pub. L. 102–525, title I, §107, formerly §106, Oct. 26, 1992, 106 Stat. 3439; renumbered §107, Pub. L. 117–123, §3(h)(1), May 12, 2022, 136 Stat. 1199.)