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16 U.S.C. § 410iiii–5Establishment of the Brown v. Board of Education affiliated areas

submitted 4 years ago by Pub. L. 102-525 to r/title-16-CONSERVATION · 547 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates three affiliated areas once the Secretary finds a suitable manager for each: the Robert Russa Moton Museum in Virginia, three Delaware civil-rights school sites, and the John Philip Sousa Middle School in Washington, D.C. The Secretary must write a management plan for each with public input, and may offer technical and financial help, but cannot buy land there or take over running them — each area stays owned and operated by its current public or private owner.

(a) In general Once the Secretary decides an appropriate managing organization exists for each site shown on the map described in section 410iiii–2(c)(1), the following become 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, made up of (A) the former Howard High School, (B) Claymont High School, and (C) Hockessin Colored School #107, all in Delaware; and (3) the John Philip Sousa Middle School in the District of Columbia. (b) Administration Each affiliated area must be managed consistent with (1) this subchapter, and (2) the laws generally applying to units of the National Park System. (c) Management plans (1) The Secretary, working with each affiliated area's managing organization, must develop a management plan for that area. (2) Each plan must (A) be prepared with input from interested state, county, and local governments, managing organizations, and members of the public connected to the area; (B) identify the National Park Service's and the managing organization's roles in running and interpreting the area without disrupting its existing operations and facilities; and (C) require the Secretary to coordinate preparing and carrying out the plan, and interpreting the area, with the historical park. (3) The Secretary must (A) hold at least one public meeting near each affiliated area on the draft plan, allowing public comment, and (B) post the draft plan online and allow public comment there too. (4) Within three years of funding becoming available, the Secretary must submit each affiliated area's management plan to the Senate Energy and Natural Resources Committee and the House Natural Resources Committee. (d) Cooperative agreements The Secretary may give technical and financial assistance to, and make cooperative agreements with, each affiliated area's managing organization, to help market, mark, interpret, and preserve that area. (e) Land use Nothing in this section affects (1) the land-use rights of private property owners in or near an affiliated area, including activities or uses on private land that can be seen or heard from inside the area, or (2) the managing organizations' authority to run and administer the affiliated areas. (f) Limited role of the Secretary (1) Nothing in this section lets the Secretary (A) acquire land in an affiliated area, or (B) take on financial responsibility for operating, maintaining, or managing an affiliated area. (2) Each affiliated area stays owned, operated, and managed by its current public or private landowner.
the actual law source: uscode.house.gov ↗public domain
(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

(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 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.

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

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 102-525 · 136 Stat. 1199

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-525 on 2022-05-12.

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