Blackwell School National Historic Site Act
Bill: S.2490 | Sponsor: Sen. Cornyn, John (R-TX)
Policy area: Public Lands and Natural Resources

Summary:
Blackwell School National Historic Site Act
This bill establishes the Blackwell School National Historic Site in Texas as a unit of the National Park System.
The purpose of the site is to preserve, protect, and interpret for the benefit of present and future generations the Blackwell School, including (1) the role of the Blackwell School, which educated children of Mexican descent, as an academic and cultural cornerstone in Marfa, Texas; and (2) the function of the Blackwell School within a segregated system of education in Texas and the United States from the period of 1885 through 1965.
The historic site shall not be established until the date on which the Department of the Interior has (1) entered into a written agreement with the Marfa Unified School District providing that the Blackwell School shall be donated to or placed by agreement into comanagement with the United States for inclusion in a national historic site to be managed consistently with the purposes of such a site, and (2) acquired sufficient land or interests in land within the boundaries of the historic site to constitute a manageable unit.
Interior may only acquire by donation, purchase with donated funds, or exchange any land or interest in land located within the boundary of the historic site.
The bill prohibits any private property or nonfederal public property from being included within the boundaries of the historic site or managed as part of such site without the written consent of the owner.
Interior shall prepare a general management plan for the historic site.

[117th Congress Public Law 206]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2236]]

Public Law 117-206
117th Congress

                                 An Act


 
   To establish the Blackwell School National Historic Site in Marfa, 
  Texas, and for other purposes. <<NOTE: Oct. 17, 2022 -  [S. 2490]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Blackwell School 
National Historic Site Act. 54 USC 320101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blackwell School National Historic 
Site Act''.
SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Blackwell School, located at 501 South Abbott 
        Street, in Marfa, Presidio County, Texas, is--
                    (A) associated with the period of racial segregation 
                in Marfa public schools; and
                    (B) 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;
            (2) the Blackwell School is a tangible reminder of the 
        period during which the doctrine of ``separate but equal'' 
        dominated education and social systems;
            (3) despite being categorized as ``white'' by Texas law, 
        Mexican Americans were regularly excluded from commingling with 
        Anglo individuals at barbershops, restaurants, funeral homes, 
        theaters, churches, and schools;
            (4) the spectrum of experiences of students and teachers at 
        the Blackwell School are an important record of life in a 
        segregated school in the context of the history of Texas and the 
        United States;
            (5) 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;
            (6) 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;
            (7) the historic Blackwell School building is a physical 
        record of--
                    (A) the longevity and beauty of the distinctive 
                design and craftsmanship informed by traditional 
                techniques and materials; and

[[Page 136 STAT. 2237]]

                    (B) the transition from the purely vernacular to the 
                period of materials, design, and workmanship made 
                available after the arrival of the railroad;
            (8) 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;
            (9) the Blackwell School is closely associated with the 
        broad patterns of local, State, and national history in the area 
        of school segregation; and
            (10) 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.
SEC. 3. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled 
        ``Blackwell School National Historic Site Proposed Boundary'', 
        numbered 593/178387, and dated February 2022.
            (2) National historic site.--The term ``National Historic 
        Site'' means the Blackwell School National Historic Site 
        established by section 4(a)(1).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
SEC. 4. ESTABLISHMENT OF THE BLACKWELL SCHOOL NATIONAL HISTORIC 
                    SITE.

    (a) Establishment.--
            (1) In general.--Subject to paragraph (2), there is 
        established the Blackwell School National Historic Site in the 
        State of Texas as a unit of the National Park System to 
        preserve, protect, and interpret for the benefit of present and 
        future generations the Blackwell School, including--
                    (A) the role of the Blackwell School as an academic 
                and cultural cornerstone in Marfa, Texas; and
                    (B) the function of the Blackwell School within a 
                segregated system of education in Texas and the United 
                States from the period of 1885 through 1965.
            (2) Determination by secretary.--The National Historic Site 
        shall not be established until the date on which the Secretary 
        determines that--
                    (A) <<NOTE: Contracts.>>  a written agreement has 
                been entered into by the Secretary with the Marfa 
                Unified School District providing that the Blackwell 
                School shall be donated to the United States or co-
                managed with the Secretary for inclusion in a national 
                historic site to be managed consistently with the 
                purposes of a national historic site; and
                    (B) a sufficient quantity of land or an interest in 
                land within the boundaries of the National Historic Site 
                has been acquired to constitute a manageable unit.

    (b) Map.--
            (1) Boundaries.--The boundaries of the National Historic 
        Site shall be the boundaries generally depicted on the map.
            (2) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the National Park Service.

[[Page 136 STAT. 2238]]

    (c) Acquisition of Authority.--The Secretary may only acquire any 
land or interest in land located within the boundary of the National 
Historic Site by--
            (1) donation;
            (2) purchase with donated funds; or
            (3) exchange.

    (d) Administration.--
            (1) In general.--The Secretary shall administer the National 
        Historic Site in accordance with--
                    (A) this Act; and
                    (B) the laws generally applicable to units of the 
                National Park System.
            (2) Management plan.--
                    (A) <<NOTE: Deadline.>> In general.--Not later than 
                3 years after the date on which funds are first made 
                available to the Secretary to prepare a general 
                management plan for the National Historic Site, the 
                Secretary shall prepare a general management plan for 
                the National Historic Site in accordance with section 
                100502 of title 54, United States Code.
                    (B) Submission.--On completion of the general 
                management plan under subparagraph (A), the Secretary 
                shall submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives the general 
                management plan prepared under that subparagraph.

    (e) <<NOTE: Contracts.>>  Cooperative Agreements.--The Secretary 
shall 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.

    (f) Written Consent of Owner.--No private property or non-Federal 
public property shall be included within the boundaries of the National 
Historic Site or managed as part of the National Historic Site without 
the written consent of the owner of the property.

    Approved October 17, 2022.

LEGISLATIVE HISTORY--S. 2490 (H.R. 4706):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-198 (Comm. on Natural Resources) accompanying 
H.R. 4706.
SENATE REPORTS: No. 117-92 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            May 19, considered and passed Senate.
            Sept. 19, 20, considered and passed House.

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