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S. 2827 — what changed

African American Burial Grounds Study Act

From Introduced in Senate to Engrossed in Senate. 3 sections amended and 1 removed between Introduced in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “U.S. African-American “African American Burial Grounds Network Study Act”.

Sec. 2 Definitions

changed Congress finds that—In this Act:

(1)
changed Burial ground— during The term burial ground means any natural or prepared physical location, whether originally below, on, or above the period beginning in 1619 and ending in 1865, millions surface of African Americans throughout the United States were enslaved;earth, into which human remains are deposited as a part of the death rite or ceremony of a culture.
(2)
changed Secretary— slaveholders often—The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service.
(A)
removed controlled where and how deceased slaves were buried; and
(B)
removed prohibited the burial of slaves on valuable land;
(3)
removed as a result of the practices described in paragraph (2), slave burial grounds were often confined to remote areas or marginal property;
(4)
removed slave burial grounds—
(A)
removed were rarely documented; and
(B)
removed infrequently appear on historical maps;
(5)
removed a lack of accurate information is typical of African-American cemeteries originating before the Civil War;
(6)
removed following the end of slavery, many African-American families continued to face restrictions on where the deceased could be buried;
(7)
removed across many areas of the United States, local laws segregated burial sites by race;
(8)
removed African-American burial grounds often failed to receive the type of maintenance and recordkeeping that predominantly White burial grounds enjoyed;
(9)
removed many African-American burial grounds from before and after the Civil War are in a state of disrepair or inaccessibility due to overgrowth of vegetation, crumbling physical structures, and other challenges;
(10)
removed there is no official national record or database for African-American burial ground locations;
(11)
removed the location of many African-American burial sites is unknown;
(12)
removed as a result of the issues described in paragraphs (10) and (11), the family members and descendants of the individuals interred are unable to visit the burial sites to honor and remember their ancestors;
(13)
removed abandoned African-American burial grounds are often discovered when construction projects inadvertently disturb human remains, which slows or halts completion of the projects;
(14)
removed the presence and location of historic African-American burial grounds should be recorded;
(15)
removed there should be coordinated national, State, local, and Tribal efforts to preserve and restore African-American burial grounds;
(16)
removed African-American burial grounds are an integral component of the heritage of the United States; and
(17)
removed creating and maintaining a network of previously abandoned, underserved, and other African-American burial grounds would help communities identify and record burial grounds and preserve local history, while better informing development decisions and community planning.

Sec. 3 African American burial grounds study

(a)
added In general— The Secretary shall conduct a study of ways to identify, interpret, preserve, and record unmarked, previously abandoned, underserved, or other burial grounds relating to the historic African American experience.
(b)
added Requirements— In conducting the study under subsection (a), the Secretary shall consider—
(1)
added ways to engage with descendant, local, and other communities historically associated with identified burial grounds by geography, genealogy, or culture;
(2)
added appropriate processes to identify locations of unmarked and unrecorded African American burial grounds with appropriate consideration for the privacy and safety of the burial grounds;
(3)
added alternatives for providing in a public database, as appropriate, the locations of, and information on, recorded and unrecorded African American burial grounds;
(4)
added alternatives for commemorating and interpreting African American burial grounds; and
(5)
added best practices for preserving burial ground landscapes and caring for artifacts.
(c)
added Report— Not later than 3 years after the date on which funds are first made available to carry out the study under subsection (a), 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 a report describing—
(1)
added the findings of the study; and
(2)
added any recommendations of the Secretary.

removed The purpose of this Act is to authorize the National Park Service to coordinate and facilitate Federal activities and non-Federal activities to identify, interpret, preserve, and record unmarked, previously abandoned, underserved, and other African-American burial grounds.

Sec. 4 U.S. African-American Burial Grounds Network Program

removed
(a)
removed In general— Subdivision 1 of division B of subtitle III of title 54, United States Code, is amended by inserting after chapter 3085 the following:

removed “3086 U.S. African-American Burial Grounds Network

removed “308601. Definitions

removed “In this chapter:

removed “(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.

removed “(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.

removed “(3) Network—The term Network means the U.S. African-American Burial Grounds Network established under section 308602(a).

removed “308602. U.S. African-American Burial Grounds Network

removed “(a) In general—The Secretary shall establish within the Service, in accordance with this chapter, a program to be known as the “U.S. African-American Burial Grounds Network”.

removed “(b) Inclusions—The Network shall include burial grounds determined by the Secretary to relate to the historic African-American experience from applications for inclusion submitted by an individual, private or nonprofit organization, State, local, or Tribal government, or other entity.

removed “(c) Duties of Secretary—In carrying out the Network, the Secretary shall have the following duties:

removed “(1) Review existing and new studies and reports in considering sites for inclusion in the Network.

removed “(2) Provide technical assistance to, and work in partnership with, the public, Federal, State, local, and Tribal governments, other public entities, educational institutions, and private and nonprofit organizations in identifying, documenting, preserving, researching, evaluating, and interpreting African-American burial grounds.

removed “(3) Engage in consultation and public engagement with descendant, local, and other communities historically associated with identified burial grounds by geography, genetics, or culture.

removed “(4) In accordance with section 307103, provide technical assistance and support to ensure that the locations of unmarked and otherwise unrecorded African-American burial grounds are documented.

removed “(5) Make the information documented under paragraph (4) available in a public database, except in circumstances in which the Secretary determines that the privacy and safety of the burial ground warrants the information being protected.

removed “(6) Develop a program to train States, units of local government, regional governmental bodies, organizations, educational institutions, and private entities to carry out the purposes of this chapter.

removed “(7) Produce and disseminate appropriate educational and training materials (such as handbooks, maps, interpretive guides, or electronic information) relating to—

removed “(A) African-American burial ground identification methods;

removed “(B) best practices for caring for artifacts;

removed “(C) developing interpretive tours and exhibits;

removed “(D) preserving burial ground landscapes; and

removed “(E) heritage tourism initiatives and sources for grants.

removed “(8) Produce and disseminate appropriate educational materials relating to African-American burial grounds through curriculum-based experiences, lesson plans, and primary materials.

removed “(9)

removed “(A) Create and adopt an official, uniform symbol or device for the Network; and

removed “(B) issue regulations for the use of the symbol or device adopted under subparagraph (A).

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

removed “(e) Consent of private property owner required—Burial grounds shall only be considered for addition to the Network—

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

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

removed “308603. Authority to make grants

removed “The Secretary may make grants to other Federal agencies, State, local, and Tribal governments, other public entities, educational institutions, and private nonprofit organizations in accordance with this chapter for—

removed “(1) the identification of African-American burial grounds that may qualify for the Network;

removed “(2) the preservation and restoration of African-American burial grounds that have been included in the Network;

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

removed “(4) the conduct of related research and documentation for African-American burial grounds that have been included in the Network.

removed “308604. Cooperative agreements and memoranda of understanding

removed “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, organizations, educational institutions, and private entities—

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

removed “(2) to ensure effective coordination of the Federal elements and non-Federal elements of the Network described in section 308602 with System units and programs of the Service.

removed “308605. Private property protection

removed “Nothing in this chapter—

removed “(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; or

removed “(2) prohibits the Secretary from providing land management guidance or requirements relating to private property as a condition of a grant or other assistance provided to the owner of the private property under this chapter.”

(b)
removed Clerical amendment— The table of chapters for title 54, United States Code, is amended by inserting after the item relating to chapter 3085 the following: