[Senate Report 117-92]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 300

117th Congress}                                           { Report
                                 SENATE
 2nd Session  }                                           { 117-92

======================================================================
 
                BLACKWELL SCHOOL NATIONAL HISTORIC SITE

                                _______
                                

                 March 2, 2022.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2490]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2490), to establish the Blackwell School 
National Historic Site in Marfa, Texas, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 2490 is to establish the Blackwell School 
National Historic Site in Marfa, Texas, as a unit of the 
National Park System.

                          BACKGROUND AND NEED

    The Blackwell School in Marfa, Texas, is associated with 
the period of racial segregation in Marfa public schools and 
the only extant property directly associated with Hispanic 
education in Marfa, since the other buildings were torn down 
after the Blackwell School closed in 1965. The Blackwell School 
is a tangible reminder of the period during which the doctrine 
of ``separate but equal'' dominated education and social 
systems.
    Mexican and Mexican American culture and history in Marfa 
is tied to the Blackwell School, which for more than 50 years 
served as a leading feature of the Hispanic community, 
illustrating the challenge of maintaining cultural identity in 
a dominant Anglo society. Hispanic influences continue to be 
seen in social and religious organizations, business and 
government institutions, and shared experiences of language, 
food, and music in Marfa, Texas.
    The Blackwell School is closely associated with the broad 
patterns of local, State, and national history in the area of 
school segregation. Mexicans and other members of the Latin 
American diaspora have placed a high value on education as a 
means of economic, social, and political advancement, but 
Hispanics and Latinos have not always had equitable 
opportunities and access to quality educational facilities in 
the United States. The original historic school building and 
grounds on which the Blackwell School building stands provide 
an authentic setting to commemorate and interpret the history 
of the Blackwell School.

                          LEGISLATIVE HISTORY

    Senators Cornyn and Padilla introduced S. 2490 on July 27, 
2021. The Subcommittee on National Parks held a hearing on the 
bill on October 6, 2021. A companion bill was introduced in the 
House of Representatives by Representatives Gonzalez and Vela 
on July 27, 2021. H.R. 4706 was favorably reported by the House 
Natural Resources Committee on December 1, 2021 and passed the 
House of Representatives by a roll call vote of 417 yeas to 8 
nays on December 8, 2021. H.R. 4706 was received in the Senate 
and referred to ENR on December 9, 2021.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 18, 2021, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
2490. Senator Lee asked to be recorded as voting no.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title of the Act, the 
``Blackwell School National Historic Site Act.''

Sec. 2. Findings

    Section 2 contains Congressional findings.

Sec. 3. Definitions

    Section 3 defines key terms used in the bill.

Sec. 4. Establishment of the Blackwell Schools National Historic Site

    Subsection (a) establishes the Blackwell School National 
Historic Site as a unit of the National Park System at such 
time as the Secretary of the Interior determines that a 
sufficient quantity of land has been acquired to constitute a 
manageable unit; and that the Marfa Unified School District has 
entered into a written agreement with the Secretary to donate 
or co-manage the site consistent with the purposes of the 
National Historic Site.
    Subsection (b) requires the Secretary to prepare a map of 
the National Historic Site as soon as practicable after the 
date of enactment, and to make the map available for public 
inspection in the appropriate offices of the National Park 
Service.
    Subsection (c) limits the land or land interest acquisition 
authority of the Secretary to donation, purchase using donated 
funds, or exchange.
    Subsection (d) directs the Secretary to administer the 
National Historic Site in accordance with this Act and laws 
generally applicable to units of the National Park System, and 
requires the Secretary to prepare a general management plan for 
the National Historic Site within 3 years that the funds are 
made available and submit a report to Congress.
    Subsection (e) provides for the Secretary to enter into 
cooperative agreements with the Blackwell School Alliance and 
other local, regional, State, academic, and nonprofit partners 
for interpretive and educational programming, technical 
assistance, and rehabilitation relating to the National 
Historic Site.
    Subsection (f) provides that neither private property nor 
non-Federal public property shall be included within the 
boundaries, or managed as part of the National Historic Site or 
without the written consent of the owner of the property.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office has not estimated the costs 
of S. 2490 as passed by the Senate. The Committee has 
requested, but has not yet received, the Congressional Budget 
Office's estimate of the cost of S. 2490 as ordered reported. 
When the Congressional Budget Office completes its cost 
estimate, it will be posted on the Internet at www.cbo.gov.

                      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. 2490. 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. 2490, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2490, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the October 6, 2021, hearing on S. 2490 follows:

 Statement of Joy Beasley, Associate Director for Cultural Resources, 
Partnerships and Science, National Park Service, U.S. Department of the 
                                Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to present the 
views of the Department of the Interior (Department) on S. 2490 
to establish the Blackwell School National Historic Site in 
Marfa, Texas, and for other purposes.
    S. 2490 would establish Blackwell School National Historic 
Site as a unit of the National Park System when the Secretary 
of the Interior enters into a written agreement with the Marfa 
Unified School District for donation or co-management of the 
site and acquires sufficient lands within the boundaries of the 
national historic site to constitute a manageable unit. The NPS 
would be required to develop a management plan for the site no 
later than 3 years after the date on which funds are first made 
available for this purpose. The bill also directs the Secretary 
of the Interior to enter into cooperative agreements with the 
Blackwell School Alliance (and other partners) for interpretive 
and educational programming, technical assistance, and 
rehabilitation for the site.
    Through the mid-twentieth century, segregation of school 
children in Texas was a common practice, although Texas had no 
official state law mandating this segregation. The Blackwell 
School was the only public educational institution for Hispanic 
children in Marfa, Texas, from 1909 to 1965. Marfa retains a 
rich Hispanic cultural presence, and the Blackwell School 
remains an important tangible link for the community as well as 
a historical reminder of our nation's segregated past. The 
Blackwell School is listed in the National Register of Historic 
Places for its local historical significance.
    The National Park Service (NPS) deeply understands that 
education is important to a democratic society, and recognizes 
the important contribution to America's story that is 
represented by places, such as the Blackwell School, where 
Hispanic students were segregated for their education. The NPS 
shares similar chapters in our nation's history at other 
locations, including Brown v. Board of Education National 
Historic Site and Little Rock High Central High School National 
Historic Site. Education is one of the chapters in America's 
story that is underrepresented in the National Park System. 
Establishing a unit of the National Park System could be one 
way to preserve and interpret the resources and related stories 
of Blackwell School.
    The NPS has not had the opportunity to evaluate the 
Blackwell School as a potential unit of the National Park 
System. Amending the bill to provide for a special resource 
study of the Blackwell School, rather than the establishment of 
a new unit, would enable the NPS to better understand this 
story in the national context and work with the public, the 
local community, and other stakeholders to gather information 
regarding both the school's history as well as the historic 
preservation and management needs of the site. We would be 
happy to provide suggested language for such an amendment. If 
the Committee decides to move forward on this bill without a 
study, the Department would appreciate the opportunity to 
provide technical amendments to the bill.
    Chairman King, Ranking Member Daines, thank you for the 
opportunity to appear before you today. I would be happy to 
answer any questions you or other members of the Subcommittee 
may have.

                        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 as ordered 
reported.

                                  [all]