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                                                       Calendar No. 664
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-312

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



 
                     CESAR ESTRADA CHAVEZ STUDY ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 359]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 359) to authorize the Secretary of the 
Interior to conduct a special study of sites associated with 
the life of Cesar Estrada Chavez and the farm labor movement, 
having considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                                PURPOSE

    The purpose of H.R. 359 is 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.

                          BACKGROUND AND NEED

    H.R. 359 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. Chavez died on April 
22, 1993.
    H.R. 359 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

    H.R. 359, sponsored by Representative Solis, passed the 
House of Representatives by a voice vote on July 10, 2007. 
Companion legislation, S. 327, was introduced by Senators 
McCain and Salazar on July 10, 2007. The Subcommittee on 
National Parks held a hearing on both bills on September 11, 
2007. (S. Hrg. 110-213.)
    During the 109th Congress, the Committee held a hearing on 
similar legislation (S. 670; S. Hrg. 109-74) although no 
further action was taken.
    During the 108th Congress, similar legislation (S. 164) was 
reported by the Committee on March 19, 2003 (S. Rpt. 108-20) 
and passed the Senate by unanimous consent on April 7, 2003. No 
further action was taken in the House of Representatives.
    At its business meeting on January 30, 2008, the Committee 
on Energy and Natural Resources ordered H.R. 359 favorably 
reported, without amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in an open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 359.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title the ``Cesar Estrada 
Chavez Study Act.''
    Section 2 authorizes the Secretary of the Interior to 
complete a special resource study of sites in the State of 
Arizona, the State of California, and other States significant 
to the life of Cesar E. Chavez to determine appropriate methods 
for preserving and interpreting the sites and to determine 
whether any of the sites meets the criteria for listing on the 
National Register of Historic Places or designation as a 
National Historic Landmark. The Secretary is directed to 
consult with relevant parties and provide a completed report of 
the study to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate no later than 3 years after the date on 
which funds are made available.
    Section 3 authorizes the appropriations of such sums as are 
necessary to carry out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

H.R. 359--Cesar Estrada Chavez Study Act

    H.R. 359 would direct the Department of the Interior to 
conduct a study of sites in Arizona, California, and other 
states that might be suitably preserved and used to commemorate 
the life of Cesar Chavez and the farm labor movement. The study 
also would determine whether any of the sites meet the criteria 
for being listed in the National Register of Historic Places or 
designated as a national historic landmark. The act 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 
legislation would not affect revenues or direct spending.
    H.R. 359 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.
    On May 7, 2007, CBO transmitted a cost estimate for H.R. 
359 as ordered reported by the House Committee on Natural 
Resources on May 2, 2007. The two versions of the legislation 
are identical, as are the estimated costs.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      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 H.R. 359. The act 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 H.R. 359, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 359, as 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 National Park Service at the 
September 11, 2007 subcommittee hearing follows:

 Statement of Daniel N. Wenk, Deputy Director, 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. 327 and H.R. 359, 
bills 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 both bills, which are virtually 
identical to each other and to legislation that we supported 
during the 108th and 109th Congresses. While the Department 
supports the authorization of this study, we also believe that 
any funding requested should be directed first toward 
completing previously authorized studies. We recommend a 
technical amendment to S. 327, described later in this 
statement.
    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. 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 1950s and the 1980s 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, international 
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. 327 and H.R. 359.
    The legislation 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 or for designation 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.
    If the committee acts on S. 327, we recommend amending it 
on page 1, line 6 and on page 2, line 1 by inserting 
``special'' before ``resource study'' to use the term for the 
proposed study that is normally used for such studies and to 
make it consistent with the title of the bill. H.R. 359 as 
passed by the House includes this change, which the Department 
recommended in testimony before the House Subcommittee on 
National Parks, Forests, and Public Lands on March 29, 2007.
    Mr. Chairman, that concludes my testimony. I would be 
pleased to answer any questions you or the 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 Act H.R. 359, as 
ordered reported.