[House Report 117-198]
[From the U.S. Government Publishing Office]


117th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {      117-198

======================================================================



 
              BLACKWELL SCHOOL NATIONAL HISTORIC SITE ACT

                                _______
                                

December 1, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

        Mr. Grijalva, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4706]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4706) 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 OF THE BILL

    The purpose of H.R. 4706 is to establish the Blackwell 
School National Historic Site in Texas as a unit of the 
National Park System.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4706 directs the Secretary of the Interior to 
establish the Blackwell School National Historic Site to 
preserve, protect, and interpret the role of the Blackwell 
School as an academic and cultural cornerstone in Marfa, Texas. 
The bill stipulates that the Secretary must enter into a 
written agreement with the Marfa United School District 
providing for the donation or co-management of the Blackwell 
School prior to establishing the National Historic Site. In 
addition, the bill would authorize the Secretary to enter into 
cooperative agreements with the Blackwell School Alliance, and 
other local, regional, state, academic, and nonprofit entities, 
for interpretative and educational programming, technical 
assistance, and rehabilitation.
    The segregated Blackwell School in Marfa, Texas, was the 
sole public education institution for children of Mexican 
descent in the city from 1909 until Marfa schools were 
integrated in 1965. Even though there were no state laws 
mandating segregation for children of Mexican descent, many 
Texas school districts practiced de facto segregation through 
the mid-twentieth century.\1\ The school, originally known as 
the Ward or Mexican School, was named Blackwell School in 1940 
after its longtime principal, Jesse Blackwell.
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    \1\See Nat'l Park Serv., Blackwell School (last visited Dec. 1, 
2021), https://www.nps.gov/places/blackwell-school.htm, of which the 
above text is partly excerpts. See also Tx. Hist. Comm'n, Recent 
Listing: Blackwell School (last visited Dec.1, 2021), https://
www.thc.texas.gov/recent-listing-blackwell-school.
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    Students at the Blackwell School received English 
instruction, many for the first time, and were banned from 
speaking Spanish on campus in 1954. Teachers were known to 
paddle children for violating rules, and one teacher even made 
students write notes saying, ``I will not speak Spanish,'' and 
buried them in a mock funeral for the Spanish language.\2\ Over 
the course of more than 50 years, approximately 4,000 students 
attended the school.\3\ Today, all that remains of the once 
sprawling campus is a three-room adobe schoolhouse--one of the 
last of such schools remaining in Texas.
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    \2\See Nat'l Parks Conservation Ass'n, Advocacy in Action: 
Preserving the Complicated History at a Segregated Texas School (last 
visited Dec. 1, 2021), https://www.npca.org/advocacy/96-preserving-the-
complicated-history-at-a-segregated-texas-school, of which the above 
text is partly excerpts.
    \3\Benjamin J. Hulac, A Bipartisan Effort to Turn a Segregated 
School into a Monument, Roll Call (Sept. 15, 2020, 6:00 a.m.), https://
www.rollcall.com/2020/09/15/a-bipartisan-effort-to-turn-a-segregated-
school-into-a-monument/.
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                            COMMITTEE ACTION

    H.R. 4706 was introduced on July 27, 2021, by 
Representative Tony Gonzales (R-TX). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on National Parks, Forests, and 
Public Lands. On October 14, 2021, the Subcommittee held a 
hearing on the bill. On November 17, 2021, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. No amendments were 
offered. The bill was adopted and ordered favorably reported to 
the House of Representatives by unanimous consent.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House Rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on National Parks, Forests, and 
Public Lands held on October 14, 2021.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has been informed by the Director of the 
Congressional Budget Office that the bill, as noticed for 
consideration under suspension of the rules, will have no 
effect on direct spending or revenues.\4\
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    \4\CBO, Legislation Considered Under Suspension of the Rules 2 
(Nov. 29, 2021), https://www.cbo.gov/system/files/2021 11/
suspensions_week_of_November_29_0.pdf.
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    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, or credit authority. The Committee adopts as its own 
cost estimate the cost estimate of the Director of the 
Congressional Budget Office and any updates thereto, should any 
updates be made available before House passage of the bill.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to establish the Blackwell School 
National Historic Site in Texas as a unit of the National Park 
System.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]