16 USC 410 - Establishment of the Civil Rights in Education: Brown v. Board of Education National Historical Park

Collapse to view only § 410iiii-2. Establishment of the Civil Rights in Education: Brown v. Board of Education National Historical Park

§ 410iiii. Definitions
§ 410iiii-1. Findings and purposes
§ 410iiii-2. Establishment of the Civil Rights in Education: Brown v. Board of Education National Historical Park
§ 410iiii-3. Property acquisition
§ 410iiii-4. Administration of historical park
§ 410iiii-5. Establishment of the Brown v. Board of Education affiliated areas
§ 410iiii-6. Authorization of appropriations

§ 410iiii. Definitions

In this subchapter:

(1) Affiliated area

(2) Historical park

(3) Secretary

(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.)

§ 410iiii–1. Findings and purposes

(a) FindingsThe 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) PurposesThe 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

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

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

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

(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.)

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

(a) In general

(b) Description

(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

(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.)

§ 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.)

§ 410iiii–4. Administration of historical park

(a) In general

(b) Cooperative agreements

(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.)

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

(a) In generalOn 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) AdministrationEach 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.

(1) In general

(2) RequirementsA 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 commentThe 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

(d) Cooperative agreements

(e) Land useNothing 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 generalNothing 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

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

§ 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.)