Historic African American Burial Grounds Preservation Fund Amendment Act of 2025

1

January 6, 2025

Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004

Dear Secretary Smith,

Today, I am introducing the Historic African American Burial Grounds Preservation Fund
Amendment Act of 2025, along with Chairman Mendelson and Councilmembers Charles
Allen, Anita Bonds, Janeese Lewis George, Zachary Parker, Trayon White, Sr., Christina
Henderson, Brooke Pinto, Matthew Frumin, Robert C. White, Jr., and Brianne K. Nadeau. This
legislation would establish the Paul E. Sluby, Sr. Preservation Fund. Monies in the Fund would
be allocated for the preservation, protection, and maintenance of historic African American
cemeteries and burial grounds in the District. The legislation is introduced in honor of Paul E.
Sluby, Sr., a distinguished DC public servant and leading African American burial grounds
preservationist who became the first Board-certified African American genealogist and co-
founded the Afro-American Historical and Genealogical Society.

Cemeteries and other burial grounds across the nation have long been segregated by race, and
African Americans had less access to the capital and other resources necessary to maintain
them, whether established by individual families or communities, churches, or mutual aid
societies. They also frequently became the site of public works projects or private development
since African Americans had little recourse in preventing their land from being taken by
eminent domain. In addition, Black mutual aid organizations were more likely to face local
ordinances that threatened their survival as well as legal manipulation and financial pressures,
often forcing them to sell their burial grounds.

For example, in the District, such pressures led the Columbian Harmony Society to sell the
Columbian Harmony Cemetery; its approximately 37,000 graves were supposed to be relocated
under a single exhumation order. The grave relocation agreement did not cover grave markers
and headstones, many of which were reportedly sold as scrap. Today, the site of Columbian

2

Harmony Cemetery is the Rhode Island Avenue-Brentwood Metro station and a residential and
shopping complex.1

Only four intact Historic African American burial grounds still exist in the District today: the
Mount Zion Cemetery, the Female Union Band Society Cemetery, the Union Burial Society of
Georgetown Cemetery, and Woodlawn Cemetery.2 As is the case nationwide, these historic
cemeteries face various states of erosion and disrepair despite the efforts of volunteers to
maintain and preserve these sacred spaces. The derelict state of two historic cemeteries, the
Mount Zion and Female Union Band Society Cemeteries in Georgetown, is made more evident
due to its location adjacent to the “towering monuments and gleaming headstones” of Oak Hill
Cemetery.3

As relayed by Lisa M. Fager, Executive Director, Mt. Zion/Female Union Band Historic
Memorial Park, Inc. (Black Georgetown Foundation dba) "Death reflects life, and the neglect
of Black burial grounds mirrors the systemic injustices African Americans have faced
throughout history. Preserving these sacred spaces is not just about honoring African American
heritage, but about restoring a vital part of American history. This legislation ensures that these
sites are identified, interpreted, and maintained with the dignity they deserve, reconnecting us
with stories that shaped both our local and national narratives."

The Paul E. Sluby, Sr., Preservation Fund would be administered by the Deputy Mayor for
Planning and Economic Development and allocate grants to:

• Preserve and restore historic African American burial grounds;
• Identify historic African American burial grounds;
• Interpret historic African American burial grounds;
• Repatriate African American human remains, particularly those from former historic
African American burial grounds; or
• Research and document historic African American burial grounds, including research on
burial records, locational data, and contested ownership

Please contact my Committee Director, Doni Crawford, at dcrawford@dccouncil.gov if you
have any questions.

Sincerely,

Kenyan R. McDuffie

1 Humanities Truck, What Lies Beneath: Documenting the History of Columbian Harmony Cemetery, 2024.
2 DC Historic Preservation Office, Gone But Not Forgotten: Cemeteries in the Nation’s Capital, 2012.
3 The Georgetowner, Death of a Cemetery: Mt. Zion’s Disrepair, March 26, 2015.
1

___________________________ ______________________________ 1
Chairman Phil Mendelson Councilmember Kenyan R. McDuffie 2
3
4
___________________________ ______________________________ 5
Councilmember Anita Bonds Councilmember Charles Allen 6
7
8
_____________________________ ______________________________ 9
Councilmember Zachary Parker Councilmember Janeese Lewis George 10
11
12
______________________________ ______________________________ 13
Councilmember Christina Henderson Councilmember Trayon White, Sr. 14
15
16
______________________________ ______________________________ 17
Councilmember Matthew Frumin Councilmember Brooke Pinto 18
19
20
___________________________ ______________________________ 21
Councilmember Brianne K. Nadeau Councilmember Robert C. White, Jr. 22
23
24
25
A BILL 26
27
_________ 28
29
30
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 31
32
__________________ 33
34
35
To establish a Paul E. Sluby, Sr. Preservation Fund to identify, interpret, restore, preserve, 36
protect, maintain, or repatriate graves, monuments, or markers at Historic African 37
American Cemeteries or burial grounds; and to make a conforming amendment. 38
39
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 40
act may be cited as the “Historic African American Burial Grounds Preservation Fund 41
Amendment Act of 2025”. 42

2

TITLE I. PAUL E. SLUBY, SR. PRESERVATION FUND. 43
Sec. 101. Definitions. 44
For the purposes of this title, the term: 45
(1) "Historic African American burial ground" means a cemetery or any natural or 46
prepared physical location, whether originally below, on, or above the surface of the earth, into 47
which human remains are deposited as a part of the death rite or ceremony of a culture, and that 48
was established in the District of Columbia prior to January 1, 1955, for interments of African 49
Americans and is owned by a public body or qualified charitable organization. 50
(2) "Qualified charitable organization" means a charitable corporation, charitable 51
association, or charitable trust that has been granted tax-exempt status under § 501(c)(3) of the 52
Internal Revenue Code and whose primary purpose is the preservation of historical cemeteries 53
and graves or was formed for the purpose of identifying, preserving, or maintaining Historic 54
African American burial grounds. 55
Sec. 102. Establishment of the Paul E. Sluby, Sr., Preservation Fund. 56
(a) There is established as a special fund, the Paul E. Sluby, Sr. Preservation Fund 57
(“Fund”), which shall be administered by the Deputy Mayor for Planning and Economic 58
Development in accordance with subsections (c) and (d) of this section, to identify, preserve, 59
restore, protect, maintain, repatriate, or commemorate graves, monuments, or markers at Historic 60
African American burial grounds. 61
(b) Revenue from the following sources shall be deposited into the Fund: 62
(1) Appropriated funds; 63
(2) Gifts; 64
3

(3) Grants; and 65
(4) Donations. 66
(c) Money in the Fund shall be used to provide grants to qualified charitable 67
organizations for the following purposes: 68
(1) The preservation and restoration of historic African American burial grounds; 69
(2) The identification of historic African American burial grounds; 70
(3) The interpretation of historic African American burial grounds; 71
(4) The repatriation of African American human remains, particularly those from 72
former historic African American burial grounds; or 73
(5) Related research and documentation of historic African American burial 74
grounds including burial records, locational data, and contested ownership. 75
(d) The money deposited into the Fund but not expended in a fiscal year shall not revert 76
to the unassigned fund balance of the General Fund of the District of Columbia at the end of a 77
fiscal year, or at any other time. 78
(e) The money in the Fund shall not be used for any purpose other than the purposes 79
specified in subsection (c). 80
(f) Qualified charitable organizations that seek a grant for activities at a historic African 81
American burial ground that is located on entirely private property shall only be considered for a 82
grant with the consent of the property owner. 83
Sec. 103. Rules. 84
4

The Mayor pursuant to Title I of the District of Columbia Administrative Procedure Act, 85
approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules 86
to implement the provisions of this act. 87
TITLE II. CONFORMING AMENDMENT. 88
Sec. 201. Section 2032(p) of the Deputy Mayor for Planning and Economic Development 89
Limited Grant-Making Authority Act of 2012, effective September 20, 2012 (D.C. Law 19-168; 90
D.C. Official Code § 1-328.04(a)), is amended as follows: 91
(a) Paragraph (6) is amended by striking the phrase “; and” and inserting a 92
semicolon in its place. 93
(b) Paragraph (7) is amended by striking the period and inserting the phrase "; 94
and” in its place. 95
(c) A new paragraph (8) is added to read as follows: 96
“(8) Funds in support of Historic African American Burial Grounds pursuant to 97
the Historic African American Burial Grounds Preservation Fund Amendment Act of 2025, as 98
introduced on January 6, 2025 (Bill 26-___).”. 99
TITLE III. GENERAL PROVISIONS. 100
Sec. 301. Applicability. 101
(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 102
budget and financial plan. 103
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal 104
effect in an approved budget and financial plan, and provide notice to the Budget Director of 105
the Council of the certification. 106
5

(c)(1) The Budget Director shall cause the notice of the certification to be published 107
in the District of Columbia Register. 108
(2) The date of publication of the notice of the certification shall not affect the 109
applicability of this act. 110
Sec. 302. Fiscal impact statement. 111
The Council adopts the fiscal impact statement in the committee report as the fiscal 112
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 113
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 114
Sec. 303. Effective date. 115
This act shall take effect following approval by the Mayor (or in the event of veto by the 116
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 117
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 118
24, 1973 (87 Stat. 813; D.C. Code § 1-206(c)(1)), and publication in the District of Columbia 119
Register. 120