S. 384 — Reported in Senate

II Calendar No. 294 118th CONGRESS 1st Session S. 384 [Report No. 118–142] IN THE SENATE OF THE UNITED STATES February 9, 2023Ms. Duckworth (for herself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources December 20, 2023Reported by Mr. Manchin, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL To establish the Springfield 1908 Race Riot National Monument in the State of Illinois, and for other purposes. 1. Short title This Act may be cited as the Springfield 1908 Race Riot National Monument Act. 2. Definitions In this Act: (1) Commission The term Commission means the Springfield 1908 Advisory Commission established by section 3(g)(1). (2) Map The term Map means the map entitled Springfield 1908 Race Riot National Memorial Proposed Boundary, numbered 687/148588, and dated February 2023. (3) Memorial The term Memorial means the memorial required to be constructed under section 3(a)(1)(B), including the structure, interpretive signage, and associated infrastructure. (4) National monument The term National Monument means the Springfield 1908 Race Riot National Monument established by section 3(a)(1). (5) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. (6) State The term State means the State of Illinois. 3. Establishment of Springfield 1908 Race Riot National Monument (a) Establishment (1) In general Subject to paragraph (2), there is established in the State the Springfield 1908 Race Riot National Monument as a unit of the National Park System— (A) to preserve, protect, and interpret for the benefit of present and future generations resources associated with the Springfield Race Riot of 1908 and the role of the Riot in the formation of the National Association for the Advancement of Colored People; and (B) that shall include the construction of a permanent memorial, within the boundary of the National Monument, to— (i) the victims, survivors, and descendants of survivors of the Springfield Race Riot of 1908; and (ii) the Springfield community. (2) Conditions The National Monument shall not be established until the date on which the Secretary acquires sufficient land within the boundary of the National Monument to constitute a manageable unit. (b) Boundaries (1) In general The boundary of the National Monument shall be the boundary generally depicted on the Map. (2) Correction of errors The Secretary may correct minor errors in the Map. (c) Acquisition authority The Secretary may acquire any land or interest in land located within the boundary of the National Monument by— (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. (d) Administrative sites and visitor facilities To facilitate the administration of the National Monument, the Secretary may expend appropriated funds to acquire or lease essential facilities for the administration of the National Monument and visitor services outside the boundary, but within the vicinity, of the National Monument. (e) Memorial In accordance with subsection (a)(1)(B), the Secretary shall, using donated or appropriated funds, construct a Memorial within the boundary of the National Monument. (f) Agreements The Secretary may enter into agreements with— (1) the city of Springfield or other public or private entities for the purpose of establishing, managing, and operating within or outside of the boundary of the National Monument facilities for administration and visitor services authorized under subsection (e); and (2) other public or private entities for— (A) the construction of the Memorial; (B) the interpretation of sites associated with the Springfield Race Riot of 1908 located within or outside the boundary of the National Monument; and (C) other purposes of this Act. (g) Springfield 1908 Advisory commission (1) Establishment There is established an advisory commission, to be known as the Springfield 1908 Advisory Commission, to advise the Secretary with respect to the management and development of the National Monument. (2) Membership The Commission shall be composed of 11 members, to be appointed by the Secretary, of whom— (A) 3 members shall reside in the city of Springfield or Sangamon County in the State; (B) 3 members shall be appointed after consideration of recommendations submitted by the Governor of the State; (C) 3 members shall be appointed after consideration of recommendations submitted by the Mayor of the city of Springfield in the State; and (D) 2 members shall be appointed who have experience in the field of historic preservation or the purposes for which the National Monument was established. (3) Term (A) In general A member of the Commission shall be appointed for a term of 5 years. (B) Successors Notwithstanding the expiration of a 5-year term of a member of the Commission, a member of the Commission may continue to serve on the Commission until the date on which— (i) the member is reappointed by the Secretary; or (ii) a successor is appointed by the Secretary. (4) Chairperson The Commission shall have a Chairperson, who shall be elected by the members of the Commission. (5) Bylaws The Commission shall adopt such bylaws as the Commission considers necessary to carry out the duties of the Commission under this subsection. (6) Vacancies A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (7) Quorum A majority of the members of the Commission shall constitute a quorum. (8) Compensation Members of the Commission shall serve without compensation, except that the Secretary may pay the expenses incurred by the Commission in carrying out the duties of the Commission under this subsection. (9) FACA nonapplicability Section 1013(b) of title 5, United States Code, shall not apply to the Commission. (10) Termination The Commission shall terminate on the date that is 12 years after the date of enactment of this Act. (h) Administration (1) In general The Secretary shall administer the National Monument in accordance with— (A) this Act; and (B) the laws generally applicable to units of the National Park System. (2) Management plan (A) Deadline for completion Not later than 3 years after the date on which funds are first made available to the Secretary for the preparation of a general management plan for the National Monument, the Secretary shall prepare a general management plan for the National Monument in accordance with section 100502 of title 54, United States Code. (B) Submission to Congress On completion of the general management plan under subparagraph (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 the general management plan prepared under that subparagraph. (3) Required consultation The Secretary shall consult with the Commission on matters relating to the management and development of the National Monument, including the construction of— (A) the Memorial; and (B) visitor service facilities and infrastructure. 1. Short title This Act may be cited as the Springfield 1908 Race Riot National Monument Act. 2. Definitions In this Act: (1) Commission The term Commission means the Springfield 1908 Advisory Commission established by section 3(h)(1). (2) Map The term Map means the map entitled Springfield 1908 Race Riot National Memorial Proposed Boundary, numbered 687/148588, and dated February 2023. (3) National monument The term National Monument means the Springfield 1908 Race Riot National Monument established by section 3(a)(1). (4) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means the State of Illinois. 3. Establishment of Springfield 1908 Race Riot National Monument (a) Establishment (1) In general Subject to paragraph (2), there is established in the State the Springfield 1908 Race Riot National Monument as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations resources associated with the Springfield Race Riot of 1908 and the role of the Riot in the formation of the National Association for the Advancement of Colored People. (2) Conditions The National Monument shall not be established until the date on which the Secretary determines that sufficient land has been acquired within the boundary of the National Monument to constitute a manageable unit. (b) Boundaries (1) In general The boundary of the National Monument shall be the boundary generally depicted on the Map. (2) Availability of Map The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Acquisition authority The Secretary may acquire land or interests in land located within the boundary of the National Monument by— (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. (d) Administrative sites and visitor facilities To facilitate the administration of the National Monument, the Secretary may acquire or lease facilities for the administration of the National Monument and to provide visitor services outside the boundary, but within the vicinity, of the National Monument. (e) Administration (1) In general The Secretary shall administer the National Monument in accordance with— (A) this Act; and (B) the laws generally applicable to units of the National Park System. (2) Management plan Not later than 3 years after the date on which funds are first made available to the Secretary for the preparation of a management plan for the National Monument, the Secretary shall prepare a management plan for the National Monument in accordance with section 100502 of title 54, United States Code. (f) Memorial The Secretary may accept the donation of a permanent memorial to the victims, survivors, and descendants of survivors of the Springfield Race Riot of 1908, to be located within the boundary of the National Monument. (g) Agreements The Secretary may enter into agreements with— (1) the city of Springfield in the State or other public or private entities for the purpose of managing and operating National Monument facilities for administration and visitor services authorized under subsection (d); and (2) other public or private entities for the interpretation of sites associated with the Springfield Race Riot of 1908 located within or outside the boundary of the National Monument. (h) Springfield 1908 advisory commission (1) Establishment There is established an advisory commission, to be known as the Springfield 1908 Advisory Commission, to advise the Secretary with respect to the management and development of the National Monument. (2) Membership The Commission shall be composed of 11 members, to be appointed by the Secretary, of whom— (A) 3 members shall reside in the city of Springfield or Sangamon County in the State; (B) 3 members shall be appointed after consideration of recommendations submitted by the Governor of the State; (C) 3 members shall be appointed after consideration of recommendations submitted by the Mayor of the city of Springfield in the State; and (D) 2 members shall be appointed who have experience in the field of historic preservation or the purposes for which the National Monument was established. (3) Term (A) In general A member of the Commission shall be appointed for a term of 5 years. (B) Successors Notwithstanding the expiration of a 5-year term of a member of the Commission, a member of the Commission may continue to serve on the Commission until the date on which— (i) the member is reappointed by the Secretary; or (ii) a successor is appointed by the Secretary. (4) Chairperson The Commission shall have a Chairperson, who shall be elected by the members of the Commission. (5) Bylaws The Commission shall adopt such bylaws as the Commission considers necessary to carry out the duties of the Commission under this subsection. (6) Vacancies A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (7) Quorum A majority of the members of the Commission shall constitute a quorum. (8) Compensation (A) In general Members of the Commission shall serve without compensation. (B) Travel expenses Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duty of the Commission. (9) FACA nonapplicability Section 1013(b) of title 5, United States Code, shall not apply to the Commission. (10) Termination The Commission shall terminate on the date that is 12 years after the date of enactment of this Act. December 20, 2023Reported with an amendment