[Congressional Record Volume 150, Number 138 (Tuesday, December 7, 2004)]
[Senate]
[Pages S11878-S11879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO PROVIDE SUPPLEMENTAL 
  FUNDING TO ASSIST THE STATE OF CALIFORNIA IN PROVIDING EDUCATIONAL 
                                SERVICES

  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 478, H.R. 620.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 620) to authorize the Secretary of the 
     Interior to provide supplemental funding and other services 
     that are necessary to assist the State of California or local 
     educational agencies in California in providing educational 
     services for students attending schools located within the 
     Park.

  There being no objection, the Senate proceed to consider the bill, 
which had been reported from the Committee on Energy and Natural 
Resources with an amendment to strike all after the enacting clause and 
insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                H.R. 620

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     [SECTION 1. FINDINGS AND PURPOSE.

       [(a) Findings.--Congress finds the following:
       [(1) The three elementary schools serving the children of 
     employees of Yosemite National Park are served by the Bass 
     Lake Joint Union Elementary School District and the Mariposa 
     Unified School District.
       [(2) The schools are in remote mountainous areas and long 
     distances from other educational and administrative 
     facilities of the two local educational agencies.
       [(3) Because of their remote locations and relatively small 
     number of students, schools serving the children of employees 
     of the Park provide fewer services in more basic facilities 
     than the educational services and facilities provided to 
     students that attend other schools served by the two local 
     educational agencies.
       [(4) Because of the long distances involved and adverse 
     weather and road conditions that occur during much of the 
     school year, it is impractical for the children of employees 
     of the Park who live within or near the Park to attend other 
     schools served by the two local educational agencies.
       [(b) Purpose.--The purpose of this Act is to authorize the 
     Secretary of the Interior to provide supplemental funding and 
     other services that are necessary to assist the State of 
     California or local educational agencies in California in 
     providing educational services for students attending schools 
     located within the Park.

     [SEC. 2. PAYMENTS FOR EDUCATIONAL SERVICES.

       [(a) Authority To Provide Funds.--For fiscal years 2003 
     through 2007, the Secretary may provide funds to the Bass 
     Lake Joint Union Elementary School District and the Mariposa 
     Unified School District for educational services to students 
     who are dependents of persons engaged in the administration, 
     operation, and maintenance of the Park or students who live 
     at or near the Park upon real property of the United States.
       [(b) Limitation on Use of Funds.--Payments made by the 
     Secretary under this section may not be used for new 
     construction, construction contracts, or major capital 
     improvements, and may be used only to pay public employees 
     for services otherwise authorized by this Act.
       [(c) Limitation on Amount of Funds.--Payments made under 
     this section shall not exceed the lesser of $400,000 in any 
     fiscal year or the amount necessary to provide students 
     described in subsection (a) with educational services that 
     are normally provided and generally available to students who 
     attend public schools elsewhere in the State of California.
       [(d) Adjustment of Payments.--Subject to subsection (c), 
     the Secretary is authorized to adjust payments made under 
     this section if the State of California or the appropriate 
     local education agencies do not continue to provide funding 
     for educational services at Park schools at per student 
     levels that are equal to or greater than those provided in 
     the fiscal year immediately prior to the date of the 
     enactment of this section.
       [(e) Source of Payments.--
       [(1) Authorized sources.--Except as provided in paragraph 
     (2), in order to make payments under this section, the 
     Secretary may use funds available to the National Park 
     Service from appropriations, donations, or fees.
       [(2) Exceptions.--Funds from the following sources may not 
     be used to make payments under this section:
       [(A) Fees authorized and collected under the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
       [(B) The recreational fee demonstration program under 
     section 315 of the Department of the Interior and Related 
     Agencies Appropriations Act, 1996 (as contained in section 
     101(c) of Public Law 104-134; 16 U.S.C. 460l-6a note).
       [(C) The national park passport program established under 
     section 602 of the National Parks Omnibus Management Act of 
     1998 (16 U.S.C. 5992).
       [(D) Emergency appropriations for Yosemite flood recovery.
       [(f) Definitions.--For the purposes of this Act, the 
     following definitions apply:
       [(1) Local educational agencies.--The term ``local 
     educational agencies'' has the meaning given that term in 
     section 9101(26) of the Elementary and Secondary Education 
     Act of 1965.
       [(2) Educational services.--The term ``educational 
     services'' means services that may include maintenance and 
     minor upgrades of facilities and transportation to and from 
     school.
       [(3) Park.--The term ``Park'' means Yosemite National Park.
       [(4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     [SEC. 3. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED 
                   OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL 
                   PARK.

       [Section 814(c) of the Omnibus Parks and Public Lands 
     Management Act of 1996 (16 U.S.C. 346e) is amended--
       [(1) in the first sentence--
       [(A) by inserting ``and Yosemite National Park'' after 
     ``Zion National Park''; and
       [(B) by inserting ``transportation systems and'' before 
     ``the establishment of''; and
       [(2) by striking ``park'' each place it appears and 
     inserting ``parks''.]

     SECTION 1. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Table of contents.

          TITLE I--FUNDING FOR YOSEMITE NATIONAL PARK SCHOOLS

Sec. 101. Short title.
Sec. 102. Payments for educational services.
Sec. 103. Authorization for park facilities to be located outside the 
              boundaries of Yosemite National Park; fees.

TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA 
                          BOUNDARY ADJUSTMENT

Sec. 201. Short title.
Sec. 202. Golden Gate National Recreation Area, California.
Sec. 203. Manzanar National Historic Site Advisory Commission.

          TITLE I--FUNDING FOR YOSEMITE NATIONAL PARK SCHOOLS

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Yosemite National Park 
     School Funding Act''.

     SEC. 102. PAYMENTS FOR EDUCATIONAL SERVICES.

       (a) Authority to Provide Funds.--For fiscal years 2004 
     through 2008, the Secretary may provide funds to the Bass 
     Lake Joint Union Elementary School District and the Mariposa 
     Unified School District for educational services to students 
     who are dependents of persons engaged in the administration, 
     operation, and maintenance of the Park or students who live 
     at or near the Park upon real property of the United States.
       (b) Limitation on Use of Funds.--Payments made by the 
     Secretary under this section may not be used for new 
     construction, construction contracts, or major capital 
     improvements, and may be used only to pay public employees 
     for services otherwise authorized by this title.
       (c) Limitation on Amount of Funds.--Payments made under 
     this section shall not exceed the lesser of $400,000 in any 
     fiscal year or the amount necessary to provide students 
     described in subsection (a) with educational services that 
     are normally provided and generally available to students who 
     attend public schools elsewhere in the State of California.
       (d) Adjustment of Payments.--Subject to subsection (c), the 
     Secretary is authorized to adjust payments made under this 
     section if the State of California or the appropriate local 
     education agencies do not continue to provide funding for 
     educational services at Park schools at per student levels 
     that are equal to or greater than those provided in the 
     fiscal year immediately prior to the date of the enactment of 
     this Act.
       (e) Source of Payments.--
       (1) Authorized sources.--Except as otherwise provided in 
     this subsection, the Secretary may use funds available to the 
     National Park Service from appropriations, donations, or 
     fees.
       (2) Exceptions.--Funds from the following sources shall not 
     be used to make payments under this section:
       (A) Any law authorizing the collection or expenditure of 
     entrance or use fees at units of the National Park System, 
     including--
       (i) the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.);

[[Page S11879]]

       (ii) the recreational fee demonstration program established 
     under section 315 of the Department of the Interior and 
     Related Agencies Appropriations Act, 1996 (16 U.S.C. 460l-6a 
     note); or
       (iii) the National Park Passport Program established under 
     section 602 of the National Parks Omnibus Management Act of 
     1998 (16 U.S.C. 5992).
       (B) Emergency appropriations for flood recovery at Yosemite 
     National Park.
       (f) Definitions.--For the purposes of this title, the 
     following definitions apply:
       (1) Local educational agencies.--The term ``local 
     educational agencies'' has the meaning given that term in 
     section 9101(26) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7801(26)).
       (2) Educational services.--The term ``educational 
     services'' means services that may include maintenance and 
     minor upgrades of facilities and transportation to and from 
     school.
       (3) Park.--The term ``Park'' means Yosemite National Park.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 103. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED 
                   OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL 
                   PARK; FEES.

       (a) Authorization for Park Facilities To Be Located Outside 
     the Boundaries of Yosemite National Park.--Section 814(c) of 
     the Omnibus Parks and Public Lands Management Act of 1996 (16 
     U.S.C. 346e) is amended--
       (1) in the first sentence--
       (A) by inserting ``and Yosemite National Park'' after 
     ``Zion National Park''; and
       (B) by inserting ``transportation systems and'' before 
     ``the establishment of''; and
       (2) by striking ``park'' each place it appears and 
     inserting ``parks''.
       (b) Fees.--Section 501 of the National Parks Omnibus 
     Management Act of 1998 (16 U.S.C. 5981) is amended in the 
     first sentence by inserting ``, cooperative agreement, or 
     other contractual agreement'' after ``contract''.

TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA 
                          BOUNDARY ADJUSTMENT

     SEC. 201. SHORT TITLE.

        This title may be cited as the ``Rancho Corral de Tierra 
     Golden Gate National Recreation Area Boundary Adjustment 
     Act''.

     SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA.

       (a) Boundary Adjustment.--Section 2(a) of Public Law 92-589 
     (16 U.S.C. 460bb-1(a)) is amended--
       (1) by striking ``The recreation area shall comprise'' and 
     inserting the following:
       ``(1) Initial lands.--The recreation area shall comprise''; 
     and
       (2) by striking ``The following additional lands are also'' 
     and all that follows through the period at the end of the 
     subsection and inserting the following new paragraphs:
       ``(2) Additional lands.--In addition to the lands described 
     in paragraph (1), the recreation area shall include the 
     following:
       ``(A) The parcels numbered by the Assessor of Marin County, 
     California, 119-040-04, 119-040-05, 119-040-18, 166-202-03, 
     166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19, 
     166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52, 
     119-240-54, 166-010-12, 166-010-13, and 119-235-10.
       ``(B) Lands and waters in San Mateo County generally 
     depicted on the map entitled `Sweeney Ridge Addition, Golden 
     Gate National Recreation Area', numbered NRA GG-80,000-A, and 
     dated May 1980.
       ``(C) Lands acquired under the Golden Gate National 
     Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note; 
     Public Law 102-299).
       ``(D) Lands generally depicted on the map entitled 
     `Additions to Golden Gate National Recreation Area', numbered 
     NPS-80-076, and dated July 2000/PWR-PLRPC.
       ``(E) Lands generally depicted on the map entitled `Rancho 
     Corral de Tierra Additions to the Golden Gate National 
     Recreation Area', numbered NPS-80,079E, and dated March 2004.
       ``(3) Acquisition limitation.--The Secretary may acquire 
     land described in paragraph (2)(E) only from a willing 
     seller.''.
       (b) Advisory Commission.--Section 5 of Public Law 92-589 
     (16 U.S.C. 460bb-4) is amended--
       (1) by striking subsection (b) and inserting the following 
     new subsection:
       ``(b) Membership.--The Commission shall be composed of 18 
     members appointed by the Secretary for terms of five years 
     each. In appointing such members, the Secretary shall ensure 
     that the interests of local, historic recreational users of 
     the recreation area are represented.''; and
       (2) in subsection (g), by striking ``cease to exist thirty 
     years after the enactment of this Act'' and inserting 
     ``terminate on December 31, 2014''.

     SEC. 203. MANZANAR NATIONAL HISTORIC SITE ADVISORY 
                   COMMISSION.

       Section 105(h) of Public Law 102-248 (16 U.S.C. 461 note) 
     is amended by striking ``10 years after the date of enactment 
     of this title'' and inserting ``on December 31, 2013''.

  Mr. ALEXANDER. I ask unanimous consent that the substitute amendment 
at the desk be agreed to, the committee-reported amendment, as amended, 
be agreed to, the bill as amended be read a third time and passed, the 
amendment to the title be agreed to, the motions to reconsider be laid 
on the table en bloc, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4084) was agreed to.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (H.R. 620), as amended, was read the third time and passed.
  The title was amended so as to read:

       ``An Act to authorize the Secretary of the Interior to 
     provide supplemental funding and other services that are 
     necessary to assist certain local school districts in the 
     State of California in providing educational services for 
     students attending schools located within Yosemite National 
     Park, to authorize the Secretary of the Interior to adjust 
     the boundaries of the Golden Gate National Recreation Area, 
     and for other purposes.''.

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