[Senate Report 117-92]
[From the U.S. Government Publishing Office]
Calendar No. 300
117th Congress} { Report
SENATE
2nd Session } { 117-92
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BLACKWELL SCHOOL NATIONAL HISTORIC SITE
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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.
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