[Senate Report 108-20]
[From the U.S. Government Publishing Office]
Calendar No. 35
108th Congress Report
SENATE
1st Session 108-20
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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.