II
118th CONGRESS
2d Session
S. 5122
IN THE SENATE OF THE UNITED STATES
September 19, 2024
Mr. Durbin (for himself, Mr. Van Hollen, Mr. Whitehouse, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To establish the Julius Rosenwald and Rosenwald Schools National Historical Park, and for other purposes.
Short title
This Act may be cited as the Julius Rosenwald and Rosenwald Schools National Historical Park Act
.
Purposes
The purposes of this Act are—
to establish a unit of the National Park System—
to commemorate the life and legacy of Julius Rosenwald, who—
was the son of German-Jewish immigrants;
helped make Sears, Roebuck and Co. the leading retailer in the United States for many years;
used his enormous fortune to become a visionary philanthropist; and
partnered with Booker T. Washington and approximately 5,000 African-American communities in the segregated South to build schools for children who had few or no educational opportunities;
to recognize the impact of the Rosenwald Schools, which—
were constructed between 1912 and 1932 in 15 States; and
educated more than 600,000 African-American children, including a number of graduates who became leaders in the civil rights movement, such as—
Representative John Lewis;
Maya Angelou;
Medgar Evers;
Nina Simone; and
Carlotta Walls LaNier;
to honor other important parts of the legacy of Julius Rosenwald, including—
the Julius Rosenwald Fund, which—
between 1928 and 1948, awarded fellowships to nearly 900 talented men and women—
2/3 of whom were African Americans; and
including—
Marian Anderson;
Langston Hughes;
Ralph Bunche;
James Baldwin;
Dr. Charles Drew;
Ralph Ellison; and
Woody Guthrie; and
supported early legal cases of the National Association for the Advancement of Colored People that led to the Supreme Court opinion in Brown v. Board of Education of Topeka, 347 U.S. 483 (1954);
founding the Jewish Federation of Metropolitan Chicago;
service as a member of the board of Jane Addams’ Hull House for 20 years;
being a founding donor of the Chicago Museum of Science and Industry; and
otherwise embodying social justice;
to preserve a small number of representative sites of the Rosenwald Schools, including the San Domingo School in Sharptown, Maryland, and to establish a headquarters and visitor center for the Julius Rosenwald and Rosenwald Schools National Historical Park within or near the former Sears Merchandising Complex in North Lawndale in the city of Chicago, Illinois, to enlighten visitors on—
the overall life and legacy of Julius Rosenwald; and
the ways in which the Rosenwald Schools—
affected African-American education in the South; and
helped to make the United States a more democratic society; and
to establish a network in the National Park Service to connect the remaining Rosenwald Schools to disseminate more fully the story of the Rosenwald Schools throughout the United States.
Definitions
In this Act:
Map
The term Map means the map prepared under section 4(b)(2)(A).
Network
The term Network
means the Rosenwald Schools National Network established under section 5(a)(1).
Park
The term Park means the Julius Rosenwald and Rosenwald Schools National Historical Park established by section 4(a)(1).
Secretary
The term Secretary means the Secretary of the Interior.
Julius Rosenwald and Rosenwald Schools National Historical Park
Establishment
In general
Subject to paragraph (2), there is established as a unit of the National Park System the Julius Rosenwald and Rosenwald Schools National Historical Park.
Determination by the Secretary
Date of establishment
The Park shall not be established until the date on which the Secretary determines that a sufficient quantity of land or interests in land within the boundary of the Park has been acquired to constitute a manageable unit.
Federal Register notice
The Secretary shall publish in the Federal Register notice of a determination under subparagraph (A).
Boundary
In general
The Park shall consist of the following:
The 40-acre site selected for the Sears merchandising complex constructed in 1905–1906, which includes the original Sears Administration Building, the catalog building, the power plant, and the Nichols Tower, which now comprise the Sears Roebuck and Company Complex National Historic Landmark, and the Sears Sunken Garden directly across the street from the Sears Administration Building.
The San Domingo Rosenwald School in Sharptown, Maryland, as generally depicted on the Map.
Any Rosenwald School or other area designated by Congress to be included in the Park after the date of enactment of this Act.
Map
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map of the boundary of the Park.
Availability
The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Administration
In general
The Secretary shall administer land within the boundary of the Park in accordance with—
this section; and
the laws generally applicable to units of the National Park System, including—
sections 100101(a), 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and
chapters 1003 and 3201 of title 54, United States Code.
Cooperative agreements
In general
To further the purposes of this section and notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements with the State of Illinois, the city of Chicago, the State of Maryland, other appropriate State and local government officials, and public and nonpublic entities, subject to subparagraph (B)—
to support collaborative interpretive and educational programs at non-Federal historic properties within the boundary of the Park; and
to identify, interpret, and provide assistance for the preservation of non-Federal land within the boundary of the Park and at sites related to the Park but located outside the boundaries of the Park, including providing for—
the placement of directional and interpretive signage;
exhibits; and
technology-based and other interpretive devices.
Public access
A cooperative agreement entered into under this paragraph shall provide for reasonable public access to any property subject to the cooperative agreement.
Use of funds
In general
The Secretary may use appropriated funds to carry out a project to mark, interpret, improve, restore, or provide technical assistance with respect to the preservation and interpretation of any property that is subject to a cooperative agreement under paragraph (2).
Inconsistent purposes
Any payment made by the Secretary under this section shall be subject to an agreement that the conversion, use, or disposal of a project carried out under subparagraph (A) for purposes that are inconsistent with the purposes of this section, as determined by the Secretary, shall result in a right of the United States to reimbursement in an amount that is the greater of—
the amount provided by the Secretary to the project; and
an amount equal to the increase in the value of the project that is attributable to the funds, as determined by the Secretary as of the date of the conversion, use, or disposal.
Acquisition of land
In general
Subject to subparagraph (B), the Secretary may, within the National Historic Landmark District in Chicago, Illinois—
acquire a facade or other easement interest on the Nichols Tower; and
enter into a lease or other agreement for purposes of providing for administration of the Park and appropriate visitor services.
Outside of park boundary
If the Secretary is unable to identify appropriate space for administration and visitor services in accordance with subparagraph (A)(ii), the Secretary may acquire the appropriate land or interests in land, or enter into other appropriate agreements, in the vicinity of, but outside the boundary of the Park, for administration and visitor services.
Limitation
The San Domingo School in Sharptown, Maryland, may only be acquired by the Secretary under this section by—
donation;
purchase with donated funds; or
exchange.
Interpretation
To further the dissemination of information about the life and legacy of Julius Rosenwald, with an emphasis on the partnership of Julius Rosenwald with Booker T. Washington and the approximately 5,000 communities in the South that led to the establishment and success of the Rosenwald Schools, the Secretary shall include interpretation of the story of Julius Rosenwald at—
the Lincoln Home National Historic Site in the State of Illinois, within the boundary of which is located the home of Julius Rosenwald; and
the Tuskegee Institute National Historic Site in the State of Alabama, which was founded by Booker T. Washington for the education of African Americans and at which architects designed the early Rosenwald Schools.
Management plan
Not later than 3 fiscal years after the date on which funds are first made available to carry out this section, the Secretary shall complete a general management plan for the Park in accordance with—
section 100502 of title 54, United States Code; and
any other applicable laws.
Rosenwald Schools National Network
In general
The Secretary shall—
establish, within the National Park Service, a program to be known as the Rosenwald Schools National Network
;
as soon as practicable after the date of enactment of this Act, solicit proposals from sites, facilities, and programs interested in being a part of the Network; and
administer the Network.
Duties of the secretary
In carrying out the Network, the Secretary shall—
review studies and reports to complement and not duplicate studies of the historical importance of the Rosenwald Schools;
produce and disseminate appropriate educational and promotional materials relating to the life and work of Julius Rosenwald and the Rosenwald Schools that are part of the Network, such as handbooks, maps, interpretive guides, or electronic information;
enter into appropriate cooperative agreements and memoranda of understanding to provide assistance, as appropriate;
create and adopt an official, uniform symbol or device for the Network; and
issue regulations for the use of the symbol or device adopted under this paragraph;
conduct research relating to the Rosenwald Schools;
make recommendations for any additional Rosenwald School sites that should be considered for inclusion within the Park due to the significance, integrity, and need for management by the National Park Service of the sites; and
have the authority to provide grants to Network elements described in subsection (c).
Elements
The Network shall encompass the following elements:
All units and programs of the National Park Service that are determined by the Secretary to relate to the story of Julius Rosenwald and the Rosenwald Schools.
Other Federal, State, local, and privately owned properties that the Secretary determines—
relate to Julius Rosenwald and the Rosenwald Schools; and
are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places.
Other governmental and nongovernmental sites, facilities, and programs of an educational, research, or interpretive nature that are directly related to Julius Rosenwald and the Rosenwald Schools.
Cooperative agreements and memoranda of understanding
To achieve the purposes of this section and to ensure effective coordination of the Federal and non-Federal elements of the Network and units and programs of the National Park Service, 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, regional governmental bodies, and private entities.