Public Law 117-123 passed on May 12, 2022
Brown V. Board of Education National Historical Park Expansion and Redesignation Act
Brown V. Board of Education National Historic SITE, Public Law 102-525, (106 Stat 3438) will now be known as Brown V. Board of Education National Historic PARK.
Any reference in a law, map, regulation, document, paper, or other record of the United States shall be referenced as “Brown V. Board of Education National Historic Park”.
Conforming Amendments
Title 1 Public Law 102-525(106 Stat. 3438) amended-
Title heading strike “HISTORICAL SITE”; insert “HISTORICAL PARK”
Section 101(2) and 103(a) strike “National Historical Site”; insert “National Historical Park”
Section heading for 103 and 105 strike “HISTORIC SITE” insert “HISTORIC PARK”.
Strike “historic site” each p[lace it appears insert “historic park”.
Expansion of the Brown V. Board of Education National Historical Park and Establishment of Affiliated Areas.
Purpose
Honor the civil rights stories of struggle, perseverance, and activism in the pursuit of education equity.
Definitions
Section 101 Public Law 102-525 (106 Stat 3438)
Paragraph (1) strike “As used in this title”; insert “In this title”.
Paragraph (1) strike “the term”; insert “The Term”.
Paragraph (1) and (2) insert a paragraph heading, the text comprised of the term defined in that paragraph.
Redesignating paragraphs (1) and (2) as paragraphs (3) and (2) and move paragraphs to appear in numerical order
Insert before paragraph (2):
Affiliated Area- “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).
Findings
Section 102(a) Public Law 102-525 (106 Stat. 3438) amended-
Redesignating paragraphs (3) and (4) as paragraphs (5) and (6) by inserting after paragraph (2) the following- “The Brown case was joined by 4 other cases relating to school segregation pending before the Supreme Court that were consolidated into the Brown v. Board of Education of Topeka.
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
Bolling v. Sharpe, filed in District of Columbia”
A 1999 historic resources study examined the 5 cases included in Brown v. Board of Education of Topeka and found that each case is, nationally significant and contributes unique stories to the case for the education equity and by inserting after paragraph (6),-
Briggs v. Elliot
Summerton High School in Summerton, South Carolina
the all-White school that refused to admit the plaintiffs in the case
has been listed on the National Register of Historic Places
in recognition of the national significance of the school is used as administrative offices for Clarendon School District 1; and-
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.
Davis v. County School Board of Prince Edward County
Robert Russa Moton High School, the all Black school in Farmville, Virginia,
which students led a strike
leading to Davis v. County School Board of Prince Edward County,
has been designated as a National Historic Landmark
in recognition of the national significance of the school and
is now the Robert Russa Moton Museum,
which is administered by the Moton Museum Inc. and affiliated with Longwood University.
Belton v. Gebhart
Howard High School in Wilmington, Delaware, an all-Black school
the plaintiffs in the case were forced to travel
has been designated as a National Historic Landmark
in the cognition of the national significance of the school
is now the Howard High School of Technology,
an active school administered by the New Castle County Vocational-Technical School District.
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.
The Hockessin School #107C (Hockessin Colored School) is the all-Black school in Hockessin, Delaware
that 1 of the plaintiff’s in the case was required to attend with no public transportation
is now used as a community facility by Friends of Hockessin Colored School #107, Inc.
Bolling v. Sharpe
John Philip Sousa Junior High School in the District of Columbia,
the all-White school that refused to admit plaintiffs in the Bolling v. Sharpe case
has been designated as a National Historic Landmark
in recognition of the national significance of the school is now know as the John Philip Sousa Middle School
Owned by the District of Columbia Department of General Services
administered by the District of Columbia Public Schools.
Purposes
Section 102(b)(3) Public Law 102-525 (106 Stat 3438) amended-
Insert “protection” after “preservation”
Strike “the city of Topeka” insert “Topeka, Kansas, Summerton, South Carolina, Farmville, Virginia, Wilmington, Claymont and Hockessin, Delaware and the District of Columbia” and insert “and the context of Brown v. Board of Education” after “civil rights movement”.
Boundary Adjustment
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 dated February 2022 and described as-
The Summerton High School site in Summerton, Clarendon County, South Carolina;
Former Scott’s Branch High School site in Summerton, Clarendon County, South Carolina; and
Approx. 1 acre of land adjacent to Monroe Elementary School in Topeka, Shawnee County, Kansas.
Map
The map on file and available for public inspection in the appropriate offices of the National Park Service.
Property Acquisition
Section 104 Public Law 102-525 (106 Stat. 3439) amended-
First sentence strike “section 103(b)” insert “subsections (b) and (c) of section 103”.
Second sentence strike “States of Kansas” insert “State of Kansas or South Carolina”
In the proviso, strike “Provided, however, That the” insert “the” and insert “or by condemnation of any land or interest in land within the boundaries of the historical park” after “without the consent of the owner”.
General Management Plan
Section 105 Public Law 102-525 (106 Stat. 3439) amended-
Strike subsection (c) and insert “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”.
Affiliated Areas
Public Law 102-525 (106 Stat. 3438) amended-
Redesignating section 106 as 107
Insert after section the following: -
“Sec. 106. Establishment of the Brown V. Board of Education Affiliated Areas
The Secretary will choose a date that a management entity has been identified for the applicable affiliated area, the following will be established as affiliated areas of the National Park System:
The Robert Russa Moton Museum in Farmville, Virginia
The Delaware Brown v. Board of Education Civil Rights Sites
The former Howard high School in Wilmington, Delaware
Claymont High School in Claymont, Delaware
Hockessin Colored School #107 in Hockessin, Delaware
The John Philip Sousa Middle School in District of Columbia
Administration
Each affiliated area managed in a manner consistent with this title and laws generally applicable to units of the National Park System.
Management Plans
The Secretary, in consultation with the management entity for affiliated area will develop a management plan for their area.
Requirements
Be prepared in consultation and coordination with State, county, and local governments, management entities, organizations and interested members of the public associated with the affiliated area.
Identify the roles and responsibilities of the National Park Service and the management entity administering and interpreting the affiliated area in a manner that DOES NOT interfere with existing operations and continue use of existing facilities.
The Secretary to coordinate the preparation and implementation of the management plan and interpretation of the affiliated area with the historical park.
Public Comment
The Secretary shall hold at least 1 public meeting in each affiliated area on the management plan,
Include opportunities for public comment and publish the draft management plan on the internet
Provide an opportunity for public comment on the draft management plan.
Submission
No later than 3 years after the funds are made available, the Secretary will 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 of each affiliated area.
Cooperative Agreements
The Secretary may provide technical and financial assistance and cooperative agreements with the management entities to provide financial assistance for the marketing, marketing interpretation and preservation of the affiliated areas.
Land Use
NOTHING IN THIS SECTION AFFECTS-
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 the authority of management entities to operate and administer the affiliated area.
Limited Role of The Secretary
NOTHING IN THIS SECTION AUTHORIZES THE SECRETARY-
To acquire land in the affiliated are or assume financial responsibility for the operation, maintenance, or management of an affiliates area.
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.