“Black heritage site” or “heritage site” means a location where items of political, military, artistic, cultural, or social history have been preserved due to their cultural heritage value to the State. The locations shall include, but need not be limited to, locations related to Black educators, journalists, scientists, physicians, lawyers, artists, or humanitarians who have contributed to the development or advancement of this State, the United States, or Black communities throughout the world.

“Black Heritage Trail” means a series of Black heritage sites identified by the division, which may be linked by geographic proximity and alignment, thematic consistency, and historical consistency.

“Commission” means the New Jersey Historical Commission, established pursuant to P.L.1967, c.271 (C. 18A:73-22 et seq.).

“Director” means the Director of the Division of Travel and Tourism in the Department of State.

“Division” means the Division of Travel and Tourism in the Department of State.

“Historical marker” means a marker, plaque, or tablet commemorating a historic person, place, or event or identifying a historic place, structure, or object.

b. In addition to the powers and duties of the commission as provided under P.L.1967, c.271 (C. 18A:73-22 et seq.), the commission shall identify a series of Black heritage sites to be part of a New Jersey Black Heritage Trail. The commission may seek the assistance and cooperation of the New Jersey Historic Preservation Office, the New Jersey Division of Travel and Tourism, local government officials or entities, owners or operators of Black heritage sites, and entities that identify and compile data on historical trails, sites, or memorials to aid in effectively carrying out the purposes of this act. The purpose of the New Jersey Black Heritage Trail shall be to promote awareness and appreciation of Black history, heritage, and culture in the State. The New Jersey Black Heritage Trail shall highlight Black heritage sites through historical markers and a trail-like path that connect the stories of Black life and resiliency in the State. The commission shall ensure that as many Black heritage sites in the State as practical are included in the New Jersey Black Heritage Trail. In identifying specific Black heritage sites to be included in the New Jersey Black Heritage Trail, special consideration shall be given to Black heritage sites that are in close geographic proximity to other Black heritage sites or thematically linked by surrounding arts, cultural, historical, entertainment, or other tourism destinations or exhibits of interest to tourists interested in Black heritage sites and to sites that are recommended by the New Jersey Black Cultural and Heritage Initiative Foundation established pursuant to P.L.2005, c.47 (C. 52:16A-90 et seq.). The New Jersey Black Heritage Trail shall be inclusive of all eras as well as be geographically representative of the entire State.

c. The commission shall:

(1) determine and select such sites significant to Black history, heritage, and culture in this State that the commission determines should be a part of the New Jersey Black Heritage Trail;

(2) design and, for sites owned or on property owned by the State, purchase and erect, historical markers which the commission may decide to be appropriate at such sites, indicating thereon the persons, places, or events commemorated and having such other suitable inscription as the commission may deem necessary; and

(3) provide oversight of historical markers that are a part of the New Jersey Black Heritage Trail erected by private entities. A private entity shall not erect any marker without the approval of the commission, and all such markers shall comport with the design determined by the commission.

d. All historical markers on the New Jersey Black Heritage Trail that are erected by the commission shall be the property of the State. No person, entity, or business shall erect, receive, retain, possess, transport, alter, or remove a marker without written permission of the appropriate official of the commission and may do so only in a manner consistent with any direction therefrom. No person, entity, or business shall duplicate the historical markers, or create, obtain, sell, distribute, or install similar markers with an intent to mislead or deceive the public and shall not create, obtain, sell, distribute, or install any markers purporting to be the official marker established by the commission. The New Jersey Black Cultural and Heritage Initiative Foundation may contact and coordinate with any owner of a private property or business designated as a Black heritage site to facilitate the establishment of the marker at the site.

e. The commission shall accept for consideration, as appropriate, submissions from the public and from the New Jersey Black Cultural and Heritage Initiative Foundation recommending for inclusion on the New Jersey Black Heritage Trail, heritage sites not owned, operated, or maintained by a governmental entity through an electronic submission form made available by the commission on its Internet site.

f. The commission may establish any guidelines, rules or regulations regarding all aspects of the historical markers associated with the New Jersey Black Heritage Trail.

g. The commission shall not use public funds to produce, purchase, or erect markers or signs on private property bearing the designation established pursuant to this section. The commission shall have the authority to receive gifts, grants, or other financial assistance from private sources for the purpose of funding or reimbursing the commission for costs associated with reviewing, producing, purchasing, or erecting any historical marker and entering into agreements related thereto including, but not limited to, with private sources, and non-governmental, non-profit, educational, or charitable entities or institutions.

L.2022, c.102, s.1.