District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1015 Compare Versions

Only one version of the bill is available at this time.

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1	1	1
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3	3
4	4	October 28, 2024
5	5
6	6	Nyasha Smith, Secretary
7	7	Council of the District of Columbia
8	8	1350 Pennsylvania Avenue, N.W.
9	9	Washington, DC 20004
10	10
11	11	Dear Secretary Smith,
12	12
13	13	Today, I am introducing the Historic African American Burial Grounds Preservation Fund
14	14	Amendment Act of 2024, along with Chairman Mendelson and Councilmembers Charles
15	15	Allen, Anita Bonds, Janeese Lewis George, Zachary Parker, Trayon White, Sr., Christina
16	16	Henderson, Brooke Pinto, and Matthew Frumin. This legislation would establish the Paul E.
17	17	Sluby, Sr. Historic African American Burial Grounds Preservation Fund. Monies in the Fund
18	18	would be allocated for the preservation, protection, and maintenance of historic African
19	19	American cemeteries and burial grounds in the District. The legislation is introduced in honor
20	20	of Paul E. Sluby, Sr., a distinguished DC public servant and leading African American burial
21	21	grounds preservationist who became the first Board-certified African American genealogist and
22	22	co-founded the Afro-American Historical and Genealogical Society.
23	23
24	24	Cemeteries and other burial grounds across the nation have long been segregated by race, and
25	25	African Americans had less access to the capital and other resources necessary to maintain
26	26	them, whether established by individual families or communities, churches, or mutual aid
27	27	societies. They also frequently became the site of public works projects or private development
28	28	since African Americans had little recourse in preventing their land from being taken by
29	29	eminent domain. In addition, Black mutual aid organizations were more likely to face local
30	30	ordinances that threatened their survival as well as legal manipulation and financial pressures,
31	31	often forcing them to sell their burial grounds.
32	32
33	33	For example, in the District, such pressures led the Columbian Harmony Society to sell the
34	34	Columbian Harmony Cemetery; its approximately 37,000 graves were supposed to be relocated
35	35	under a single exhumation order. The grave relocation agreement did not cover grave markers
36	36	and headstones, many of which were reportedly sold as scrap. Today, the site of Columbian 2
37	37
38	38	Harmony Cemetery is the Rhode Island Avenue-Brentwood Metro station and a residential and
39	39	shopping complex.
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43	43	Only four intact Historic African American burial grounds still exist in the District today: the
44	44	Mount Zion Cemetery, the Female Union Band Society Cemetery, the Union Burial Society of
45	45	Georgetown Cemetery, and Woodlawn Cemetery.
46	46	2
47	47	As is the case nationwide, these historic
48	48	cemeteries face various states of erosion and disrepair despite the efforts of volunteers to
49	49	maintain and preserve these sacred spaces. The derelict state of two historic cemeteries, the
50	50	Mount Zion and Female Union Band Society Cemeteries in Georgetown, is made more evident
51	51	due to its location adjacent to the “towering monuments and gleaming headstones” of Oak Hill
52	52	Cemetery.
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56	56	As relayed by Lisa M. Fager, Executive Director, Mt. Zion/Female Union Band Historic
57	57	Memorial Park, Inc. (Black Georgetown Foundation dba) "Death reflects life, and the neglect
58	58	of Black burial grounds mirrors the systemic injustices African Americans have faced
59	59	throughout history. Preserving these sacred spaces is not just about honoring African American
60	60	heritage, but about restoring a vital part of American history. This legislation ensures that these
61	61	sites are identified, interpreted, and maintained with the dignity they deserve, reconnecting us
62	62	with stories that shaped both our local and national narratives."
63	63
64	64	The Paul E. Sluby, Sr., Historic African American Burial Grounds Preservation Fund would be
65	65	administered by the Deputy Mayor for Planning and Economic Development and allocate
66	66	grants to:
67	67
68	68	• Preserve and restore historic African American burial grounds;
69	69	• Identify historic African American burial grounds;
70	70	• Interpret historic African American burial grounds;
71	71	• Repatriate African American human remains, particularly those from former historic
72	72	African American burial grounds; or
73	73	• Research and document historic African American burial grounds, including research on
74	74	burial records, locational data, and contested ownership
75	75
76	76	Please contact my Legislative Director, Doni Crawford, at dcrawford@dccouncil.gov if you
77	77	have any questions.
78	78
79	79	Sincerely,
80	80
81	81
82	82
83	83	Kenyan R. McDuffie
84	84
85	85	1
86	86	Humanities Truck, What Lies Beneath: Documenting the History of Columbian Harmony Cemetery, 2024.
87	87	2
88	88	DC Historic Preservation Office, Gone But Not Forgotten: Cemeteries in the Nation’s Capital, 2012.
89	89	3
90	90	The Georgetowner, Death of a Cemetery: Mt. Zion’s Disrepair, March 26, 2015. 1
91	91
92	92	___________________________ ______________________________ 1
93	93	Chairman Phil Mendelson Councilmember Kenyan R. McDuffie 2
94	94	3
95	95	4
96	96	___________________________ ______________________________ 5
97	97	Councilmember Anita Bonds Councilmember Charles Allen 6
98	98	7
99	99	8
100	100	_____________________________ ______________________________ 9
101	101	Councilmember Zachary Parker Councilmember Janeese Lewis George 10
102	102	11
103	103	12
104	104	______________________________ ______________________________ 13
105	105	Councilmember Christina Henderson Councilmember Trayon White, Sr. 14
106	106	15
107	107	16
108	108	______________________________ ______________________________ 17
109	109	Councilmember Matthew Frumin Councilmember Brooke Pinto 18
110	110	19
111	111	20
112	112	21
113	113	A BILL 22
114	114	23
115	115	_________ 24
116	116	25
117	117	26
118	118	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 27
119	119	28
120	120	__________________ 29
121	121	30
122	122	31
123	123	To establish a Historic African American Burial Grounds Preservation Fund to identify, 32
124	124	interpret, restore, preserve, protect, maintain, or repatriate graves, monuments, or markers 33
125	125	at Historic African American Cemeteries or burial grounds; and to make a conforming 34
126	126	amendment. 35
127	127	36
128	128	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 37
129	129	act may be cited as the “Historic African American Burial Grounds Preservation Fund 38
130	130	Amendment Act of 2024”. 39 2
131	131
132	132	TITLE I. HISTORIC AFRICAN AMERICAN BURIAL GROUNDS PRESERVATION 40
133	133	FUND. 41
134	134	Sec. 101. Definitions. 42
135	135	For the purposes of this title, the term: 43
136	136	(1) "Historic African American burial ground" means a cemetery or any natural or 44
137	137	prepared physical location, whether originally below, on, or above the surface of the earth, into 45
138	138	which human remains are deposited as a part of the death rite or ceremony of a culture, and that 46
139	139	was established in the District of Columbia prior to January 1, 1955, for interments of African 47
140	140	Americans and is owned by a public body or qualified charitable organization. 48
141	141	(2) "Qualified charitable organization" means a charitable corporation, charitable 49
142	142	association, or charitable trust that has been granted tax-exempt status under § 501(c)(3) of the 50
143	143	Internal Revenue Code and whose primary purpose is the preservation of historical cemeteries 51
144	144	and graves or was formed for the purpose of identifying, preserving, or maintaining Historic 52
145	145	African American burial grounds. 53
146	146	Sec. 102. Establishment of the Paul E. Sluby, Sr., Historic African American Burial 54
147	147	Grounds Preservation Fund. 55
148	148	(a) There is established as a special fund, the Paul E. Sluby, Sr. Historic African 56
149	149	American Burial Grounds Preservation Fund (“Fund”), which shall be administered by the 57
150	150	Deputy Mayor for Planning and Economic Development in accordance with subsections (c) and 58
151	151	(d) of this section, to identify, preserve, restore, protect, maintain, repatriate, or commemorate 59
152	152	graves, monuments, or markers at Historic African American burial grounds. 60
153	153	(b) Revenue from the following sources shall be deposited into the Fund: 61 3
154	154
155	155	(1) Appropriated funds; 62
156	156	(2) Gifts; 63
157	157	(3) Grants; and 64
158	158	(4) Donations. 65
159	159	(c) Money in the Fund shall be used to provide grants to qualified charitable 66
160	160	organizations for the following purposes: 67
161	161	(1) The preservation and restoration of historic African American burial grounds; 68
162	162	(2) The identification of historic African American burial grounds; 69
163	163	(3) The interpretation of historic African American burial grounds; 70
164	164	(4) The repatriation of African American human remains, particularly those from 71
165	165	former historic African American burial grounds; or 72
166	166	(5) Related research and documentation of historic African American burial 73
167	167	grounds including burial records, locational data, and contested ownership. 74
168	168	(d) The money deposited into the Fund but not expended in a fiscal year shall not revert 75
169	169	to the unassigned fund balance of the General Fund of the District of Columbia at the end of a 76
170	170	fiscal year, or at any other time. 77
171	171	(e) The money in the Fund shall not be used for any purpose other than the purposes 78
172	172	specified in subsection (c). 79
173	173	(f) Qualified charitable organizations that seek a grant for activities at a historic African 80
174	174	American burial ground that is located on entirely private property shall only be considered for a 81
175	175	grant with the consent of the property owner. 82
176	176	Sec. 103. Rules. 83 4
177	177
178	178	The Mayor pursuant to Title I of the District of Columbia Administrative Procedure Act, 84
179	179	approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules 85
180	180	to implement the provisions of this act. 86
181	181	TITLE II. CONFORMING AMENDMENT. 87
182	182	Sec. 201. Section 2032(p) of the Deputy Mayor for Planning and Economic Development 88
183	183	Limited Grant-Making Authority Act of 2012, effective September 20, 2012 (D.C. Law 19-168; 89
184	184	D.C. Official Code § 1-328.04(a)), is amended as follows: 90
185	185	(a) Paragraph (6) is amended by striking the phrase “; and” and inserting a 91
186	186	semicolon in its place. 92
187	187	(b) Paragraph (7) is amended by striking the period and inserting the phrase "; 93
188	188	and” in its place. 94
189	189	(c) A new paragraph (8) is added to read as follows: 95
190	190	“(8) Funds in support of Historic African American Burial Grounds pursuant to 96
191	191	the Historic African American Burial Grounds Preservation Fund Amendment Act of 2024, as 97
192	192	introduced on October 28, 2024 (Bill 25-___).”. 98
193	193	TITLE III. GENERAL PROVISIONS. 99
194	194	Sec. 301. Applicability. 100
195	195	(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 101
196	196	budget and financial plan. 102
197	197	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal 103
198	198	effect in an approved budget and financial plan, and provide notice to the Budget Director of 104
199	199	the Council of the certification. 105 5
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201	201	(c)(1) The Budget Director shall cause the notice of the certification to be published 106
202	202	in the District of Columbia Register. 107
203	203	(2) The date of publication of the notice of the certification shall not affect the 108
204	204	applicability of this act. 109
205	205	Sec. 302. Fiscal impact statement. 110
206	206	The Council adopts the fiscal impact statement in the committee report as the fiscal 111
207	207	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 112
208	208	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 113
209	209	Sec. 303. Effective date. 114
210	210	This act shall take effect following approval by the Mayor (or in the event of veto by the 115
211	211	Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 116
212	212	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 117
213	213	24, 1973 (87 Stat. 813; D.C. Code § 1-206(c)(1)), and publication in the District of Columbia 118
214	214	Register. 119