[Senate Report 108-20]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 35
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-20
======================================================================
 
                     CESAR ESTRADA CHAVEZ STUDY ACT

                                _______
                                

                 March 19, 2003.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 164]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 164) to authorize the Secretary of the 
Interior to conduct a special resource study of sites 
associated with the life of Cesar Estrada Chavez and the farm 
labor movement, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cesar Estrada Chavez Study Act''.

SEC. 2. RESOURCE STUDY.

    (a) In General.--Not later than 3 years after funds are made 
available to implement this Act, the Secretary of the Interior 
(referred to in this section as the ``Secretary'') shall complete a 
resource study of sites in the State of Arizona, the State of 
California, and other States that are significant to the life of Cesar 
E. Chavez and the farm labor movement in the western United States to 
determine appropriate methods for preserving and interpreting the 
sites; and to determine whether any of the sites meets the criteria for 
listing in the National Register of Historic Places or designation as a 
national historic landmark under the Act of August 21, 1935 (16 U.S.C. 
461 et seq.); and the National Historic Preservation Act (16 U.S.C. 470 
et seq.).
    (b) Requirements.--In conducting the study the Secretary shall 
consider the criteria for the study of areas of potential inclusion in 
the National Park System under section 8(b)(2) of Public Law 91-383 (16 
U.S.C. 1a-5(b)(2)).
    (c) Consultation.--In conducting the study the Secretary shall 
consult with--
          (1) the Cesar E. Chavez Foundation;
          (2) the United Farm Workers Union; and
          (3) State and local historical associations and societies, 
        including State Historic Preservation Offices in the State 
        where a site is located.
    (d) Report.--On completion of the study the Secretary shall submit 
to the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report on the 
findings of the study and any recommendations.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.

                         PURPOSE OF THE MEASURE

    The purpose of S. 164 is to direct the Secretary of the 
Interior to conduct a special resource study of sites 
associated with the life of Cesar Estrada Chavez and the farm 
labor movement.

                          BACKGROUND AND NEED

    S. 164 directs the Secretary of the Interior to conduct a 
special resource study of sites associated with the life of 
Cesar Estrada Chavez. Chavez was born on March 31, 1927 on a 
small farm in Yuma, Arizona. At age 10, Chavez and his family 
became migrant farm workers, laboring in fields across the 
Southwest enduring the hardships and injustices of farm worker 
life.
    In 1952, Chavez left the fields and became a community 
activist working for civil rights and social justice. In 1962, 
he founded the National Farm Workers Association, which later 
became the United Farm Workers of America, working for the 
rights and protections of farm workers.
    This legislation would authorize the Secretary of the 
Interior to conduct a study to determine whether any of the 
sites associated with Chavez's life meets the criteria for 
being listed on the National Register of Historic Places or 
possible designation as national historic landmarks.

                          LEGISLATIVE HISTORY

    S. 164 was introduced by Senator McCain on January 15, 
2003. Similar legislation, S. 3019, was introduced by Senator 
McCain during the 107th Congress on October 1, 2002. The 
Subcommittee on National Parks held a hearing on S. 164 on 
March 4, 2003. At the business meeting on March 12, 2003, the 
Committee on Energy and Natural Resources ordered S. 164 
favorably reported with an amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on March 12, 2003, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 164, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 164, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
deletes section 2 from the bill, which contained congressional 
findings, and makes other minor clarifying changes. The 
amendment is explained in detail in the section-by-section 
analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the Act the ``Cesar Estrada Chavez Study 
Act.''
    Section 2(a) directs the Secretary of the Interior (the 
Secretary) to complete, not later than 3 years after the 
availability of funds, a study of sites in the State of 
Arizona, the State of California, and other States that are 
significant to the life of Cesar Estrada Chavez and the farm 
labor movement in the Western United States.
    Subsection (b) lists the requirements the Secretary is to 
follow in conducting the study.
    Subsection (c) directs the Secretary to consult with the 
Cesar E. Chavez Foundation, the United Farm Workers Union and 
State and local historical associations and societies, 
including State Historic Preservation Offices in the State 
where a site is located.
    Subsection (d) provides for the submission of the study to 
Congress.
    Section 3 authorizes the appropriation of funds.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 13, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 164, the Cesar 
Estrada Chavez Study Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 164--Cesar Estrada Chavez Study Act

    S. 164 would direct the Department of the Interior to 
conduct a study of sites in Arizona, California, and other 
western states that might be suitably preserved and used to 
interpret the life of Cesar Chavez and the farm labor movement. 
The study would also determine whether any of the sites meet 
the criteria for listing in the National Register of Historic 
Places or designating as a national historic landmark. The bill 
would authorize the appropriation of whatever amounts are 
necessary for the study and would require the department to 
report on its findings and recommendations within three years 
of receiving funds.
    Assuming the availability of appropriated funds, CBO 
estimates that it would cost $250,000 over the next three years 
to complete the required study and report. Enacting the bill 
would not affect revenues or direct spending.
    S. 164 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director of the Budget Analysis Division.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 164. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 164, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On February 26, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 164. These reports 
had not been received at the time the report on S. 164 was 
filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

  Statement of deTeel Patterson Tiller, Acting Associate Director for 
 Cultural Resources, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on S. 164, a bill to 
authorize the Secretary of the Interior to conduct a special 
resource study of sites associated with the life of Cesar 
Estrada Chavez and the farm labor movement.
    The Department supports S. 164, with a minor amendment 
described later in the testimony. We believe that this study 
will provide a good opportunity to work with the Cesar E. 
Chavez Foundation and others to identify valuable resources 
associated with the story of Chavez's life and the movement he 
led and ways to protect those resources.
    The National Park Service is in various stages of progress 
with 40 studies previously authorized by Congress. At least 17 
of those studies are scheduled to be completed in Fiscal Year 
2003. Seven additional studies are expected to be completed 
early in Fiscal 2004. Our highest priority is to complete the 
studies previously authorized by Congress, but we expect to 
begin work on newly authorized studies as soon as funds are 
available.
    Ask historians to name one person who had the greatest 
impact on farm labor, and the name of Cesar Estrada Chavez 
leaps to mind. Between the 1950's and the 1980's Chavez 
cultivated a life-long commitment to bringing respect, dignity, 
and democracy to the nation's farmworkers, many of whom were 
Hispanic. After an initial career as a community organizer, 
Chavez focused his organizing skills on the farmworkers, 
inspiring them to look their employers in the eyes, stand up 
for their rights and take active roles in creating their union 
and wielding its power. As a result of his efforts, he 
continues to serve as a symbol not only for Hispanic-Americans, 
but for all Americans, of what can be accomplished in this 
country through unified, courageous, and nonviolent action.
    Chavez's death on April 22, 1993, brought a resurgence of 
interest in his life and work and a new wave of assessments 
recognizing his national and, indeed, internaitonal 
significance. He has taken his place among other national labor 
leaders in the Department of Labor's Hall of Fame and been 
recognized by an ever-increasing number of states and 
communities with special holidays, events, and place names. 
Because of the tremendous impact he had, we believe it is 
appropriate to study sites associated with Cesar Chavez and the 
farm labor movement he led in order to consider ways to 
preserve and interpret this story of enormous social change.
    The National Park Service and the Cesar E. Chavez 
Foundation first discussed the possibility of conducting a 
national historic landmark study of sites related to the work 
of Chavez and the farmworkers' movement several years ago, as a 
way of identifying sites important to the history of the man as 
well as the migrant worker. The Foundation represents and 
fosters the ongoing legacy of Chavez and has a strong interest 
in seeing that heritage preserved. In 2002, the National Park 
Service collaborated with the Foundation and scholars at 
universities in Washington State and California in preparing a 
preliminary assessment and scope for future research on sites 
associated with Chavez and the farmworkers' movement. The 
information gathered through that assessment would give the 
National Park Service a head start on the study authorized by 
S. 164.
    S. 164 would authorize a study of sites in Arizona, 
California, and other States that are significant to the life 
of Cesar Chavez and the farm labor movement in the Western 
United States to determine appropriate methods for preserving 
and interpreting sites. Through this study, the National Park 
Service could examine whether certain sites are suitable and 
feasible for addition to the National Park System. The study 
would be conducted in accordance with the criteria for new area 
studies contained in Title III of the National Parks Omnibus 
Management Act of 1998.
    The study also would consider whether any sites meet the 
criteria for listing on the National Register of Historic 
Places for designations as a National Historic Landmark. This 
would enable the National Park Service to complete the work 
that was begun with the preliminary assessment described 
earlier. The legislation specifically requires that the 
National Park Service consult with the Cesar E. Chavez 
Foundation, the United Farm Workers Union, and other entities 
involved in historic preservation on this study. The study is 
estimated to cost approximately $250,000.
    The Department recommends one minor amendment to S. 164, 
which is on the page attached to this testimony. This amendment 
would provide for the study to be completed within three years 
after funding is made available for that purpose, rather than 
three years after enactment of this legislation.
    Mr. Chairman, that concludes my testimony. I would be 
pleased to answer any questions you or the other members of the 
subcommittee may have.

    Amendments to S. 164 Proposed by the National Park Service: 
Page 3, line 23: Strike ``of enactment of this Act'' and insert 
``funds are made available for this purpose''.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 164, as ordered 
reported.

                                
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