[Senate Report 108-255]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 478
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-255

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



 
              YOSEMITE NATIONAL PARK EDUCATIONAL SERVICES

                                _______
                                

                 April 26, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 620]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (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, having considered the same, reports favorably thereon 
with an amendment and an amendment to the title, and recommends 
that the Act do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

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.);
                          (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''.

    2. Amend the title 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.''.

                         Purpose of the Measure

    As ordered reported, the purpose of H.R. 620 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 or near Yosemite National Park and to 
authorize the addition of approximately 4,500 acres to the 
Golden Gate National Recreation Area.

                          Background and Need

    Yosemite Valley, El Portal and Wawona, are California 
public schools that serve the children of employees who live 
and work in Yosemite National Park. Following historic floods 
in January 1997, the number of families living within Yosemite 
National Park declined sharply. Because the funding of schools 
in the State of California is based on average daily 
attendance, the reduced number of students attending the 
schools resulted in a corresponding reduction in school 
funding. This has left inadequate resources to pay for mandated 
levels of educational services and virtually no funds for 
construction, maintenance or other operations of the schools. 
Although funding was included in the 2000 education 
appropriations bill for the Mariposa County School District to 
maintain services at two of the three schools, obtaining 
special earmarks each year is an inefficient method to obtain 
school funding.
    The three schools, while in different locations, are in a 
similar situation in that access to other area schools is 
difficult. Yosemite Valley is more than one hour from the town 
of Mariposa on a narrow mountainous road. El Portal is more 
than 40 minutes from Mariposa, and Wawona 30 minutes from 
Oakhurst on a narrow mountain road. All three schools are at 
nearly 4000 feet, and have many snow days. The roads between 
Yosemite National Park and the outlying communities are often 
closed due to weather or rockslide. It is nearly impossible and 
clearly dangerous to transport the students in these 
conditions.
    Although park funds are not generally used for State 
educational purposes, there is one precedent. Since 1948, 
Yellowstone National Park has operated a park-based elementary 
school under a statutory provision (16 U.S.C. 40a) that allows 
the National Park Service (NPS) to provide supplemental funding 
and facilities. Also, similar authority was provided at Grand 
Canyon National Park for a short time in the 1970s.
    H.R. 620 would authorize the Secretary of the Interior to 
provide supplemental funding to assist the State of California 
or local school districts in providing educational services for 
students attending the three schools. H.R. 620 creates a 
limited support program for three isolated small schools 
serving NPS and concessionaire employees in an isolated area.

                          Legislative History

    H.R. 620 was introduced by Congressman Radanovich on 
February 5, 2003 and passed the House of Representatives by 
voice vote on March 25, 2003. The Subcommittee on National 
Parks held a hearing on H.R. 620 on September 9, 2003 (S. Hrg. 
108-193). At the business meeting on March 24, 2004, the 
Committee on Energy and Natural Resources ordered H.R. 620 
favorably reported, with an amendment in the nature of a 
substitute and an amendment to the title.
    A similar bill, H.R. 3421, was introduced in the 107th 
Congress by Congressman Radanovich and passed the House on 
April 30, 2002. At the business meeting on October 8, 2004, the 
Committee on Energy and Natural Resources ordered the bill, 
with amendments, to be favorably reported, but the Senate 
failed to act prior to adjournment.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on March 24, 2004, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 620, if amended 
as described herein.

                          Committee Amendment

    During its consideration of H.R. 620, the Committee adopted 
an amendment in the nature of a substitute and an amendment to 
the title. The substitute amendment makes several clarifying 
changes and adds a new title, which modifies the boundary of 
the Golden Gate National Recreation Area to include 
approximately 4,500 acres. The Secretary is authorized to 
acquire lands within the proposed addition from willing 
sellers. This provision is similar to S. 302 which was reported 
by the Committee on March 5, 2003 and which passed the Senate 
on April 3, 2003 (S. Rept. 105-15). Title II also restores and 
extends the term of the Golden Gate Advisory Commission and the 
Manzanar National Historic Site Advisory Commission. The 
amendment is described in detail in the section-by-section 
analysis below.

                      Section-by-Section Analysis

    Section 1 lists the table of contents.

          TITLE I--FUNDING FOR YOSEMITE NATIONAL PARK SCHOOLS

    Section 101 entitles this title the ``Yosemite National 
Park School Funding Act.''
    Section 102 (a) authorizes the Secretary of the Interior to 
provide funds to two school districts for fiscal years 2004 
through 2008 for educational services to dependents of park and 
concession employees.
    Subsection (b) describes the types of educational services 
that may be funded under this title and prohibits the funds 
from being used for new construction or major capital 
investment projects.
    Subsection (c) limits payments to the school district to 
the lesser of $400,000 in any fiscal year or the amount 
necessary to provide the educational services that are normally 
available to students in the State of California.
    Subsection (d) authorizes the Secretary to adjust payments 
to the schools as necessary if the State or local educational 
agencies do not continue to provide funding.
    Subsection (e)(1) authorizes the Secretary to use funds 
available to the National Park Service from appropriations, 
donations, or fees, and prohibits the use of funds from certain 
sources, including entrance fees and Yosemite flood recovery 
appropriations.
    Subsection (f) defines key terms.
    Section 103 amends section 814(c) of the Omnibus Parks and 
Public Lands Management Act of 1996 to authorize the Secretary 
to expend donated or appropriated funds on transportation 
systems and essential facilities for park administration and 
visitor use outside the boundaries, but within the vicinity of 
Yosemite National Park.
    Subsection (b) amends section 501 of the National Park 
Omnibus Management Act of 1998, which authorizes the Secretary 
to charge a fee for public transportation services, to include 
those services which are offered under cooperative or other 
contractual agreements.

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

    Section 201 entitles this title the ``Rancho Corral de 
Tierra Golden Gate National Recreation Area Boundary Adjustment 
Act.''
    Section 202(a) amends section 2a of Public Law 92-589 to 
include several parcels of land comprising approximately 4,000 
acres and describes the parcels to be included within the park 
boundary. This section also states that the Secretary may only 
acquire the described parcels of land from a willing seller.
    Subsection (b)(1) amends section 5 of Public Law 92-589 by 
increasing the number of commissioners appointed to the Golden 
Gate Advisory Commission from 17 to 18 and increases the term 
of appointment for each commissioner from three to five years. 
The section requires the Secretary to ensure that the interests 
of local and historic users are represented by the commission.
    Subsection (b)(2) amends subsection 5 (g) of Public Law 92-
589 by restoring and extending the term of the Golden Gate 
Advisory Commission to December 31, 2014.
    Section 203 amends section 105 (h) of Public Law 102-248 by 
extending the term of the Manzanar National Historic Site 
Commission to December 31, 2013.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                         Washington, April 9, 2004.
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 H.R. 620, 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 purpose.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 620--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 education 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

    Summary: H.R. 620 would modify the boundary of the Golden 
Gate National Recreation Area (GGNRA) in California. The act 
also would authorize the Secretary of the Interior to make 
payments to two California school districts that serve families 
of Yosemite National Park employees.
    CBO estimates that implementing H.R. 620 would cost $24 
million over the 2005-2009 period, assuming the availability of 
appropriated funds. The legislation could increase direct 
spending, but we estimate that any such effects would be 
insignificant. The act would not affect revenues. H.R. 620 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMR.A) and would 
impose no costs on state, local, or tribal governments. 
Enacting this legislation would benefit two California school 
districts.
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that H.R. 620 will be enacted by the 
start of fiscal year 2005 and that amounts necessary to 
implement the legislation will be appropriated near the start 
of each fiscal year. The estimated budgetary impact of H.R. 620 
is shown in the following table. The costs of this legislation 
fall within budget function 300 (natural resources and 
environment).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2004     2005     2006     2007     2008     2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.............................        0        6        7        7        2        2
Estimated Outlays.........................................        0        6        7        7        2        2
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO estimates that implementing H.R. 620 
would cost $6 million in 2005 and $24 million over the next 
five years, assuming appropriation of the necessary amounts. 
The legislation could increase direct spending, but we estimate 
that any such effects would be insignificant.

Spending subject to appropriation

    Title II of H.R. 620 would add to the GGNRA the 4,076-acre 
Rancho Corral de Tierra and over 300 acres of property in the 
Devil's Slide area. Based on information from the National Park 
Service (NPS), CBO estimates that the agency would spend $5 
million a year over the 2005-2007 period to purchase the Rancho 
Corral de Tierra from the Peninsula Open Space Trust, a local 
nonprofit organization, which acquired the property in 2001 for 
$29.7 million. (We expect that the organization would recover 
the balance of the land's purchase price from private and state 
sources.)
    The cost of acquiring land within the Devil's Slide area is 
less certain because formal property appraisals have not yet 
been completed and because it is unclear how much of this 
acreage might be acquired by the state of California for a 
proposed highway diversion. Based on information from the NPS, 
CBO estimates that the agency would purchase about 300 acres of 
land within the Devil's Slide area for a total cost of $5 
million over the 2004-2009 period.
    Finally, CBO estimates that the cost to develop property 
added to the GGNRA would total about $500,000 in 2005. We also 
estimate that annual costs to administer the new lands would be 
roughly $300,000 starting in 2006.
    For each of fiscal years 2004-2008, title I of H.R. 620 
would authorize the Secretary of the Interior to pay a total of 
up to $400,000 to two California school districts that serve 
the families of Yosemite National Park employees. To make those 
payments, H.R. 620 would authorize the Secretary to use 
appropriated funds, donations, or offsetting receipts from 
certain fees collected by the NPS. For this estimate, CBO 
assumes that the Secretary would principally rely on 
appropriated funds to make the payments authorized by the act 
because very few collections and donations are available to 
spend on new activities. Hence, we estimate that title I would 
increase discretionary spending by $400,000 a year over the 
next five years, assuming the availability of appropriated 
funds. That amount could be lower if the Secretary chooses to 
use funds from other sources to make payments to the school 
districts, as discussed below.

Direct spending

    Title II of H.R. 620 would authorize the Secretary to use 
certain fees and donations to make payments to two California 
school districts that serve the families of Yosemite National 
Park employees. According to the NPS, the agency already has 
authority to spend nearly all such collections; hence, we 
estimate that any increase in direct spending of such fees 
under H.R. 620 would be insignificant.
    Intergovernmental and private-sector impact: H.R. 620 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Enacting this legislation would benefit two 
California school districts.
    Previous CBO estimate: On March 5, 2003, CBO transmitted a 
cost estimate for S. 302, the Rancho Corral de Tierra Golden 
Gate National Recreation Area Boundary Adjustment Act, as 
ordered reported by the Senate Committee on Energy and Natural 
Resources on February 26, 2003. S. 302 is similar to title II 
of H.R. 620, and our estimates of the cost of expanding the 
GGNRA are the same under both pieces of legislation.
    Estimate prepared by: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; and 
Impact on the Private Sector: Selena Caldera.
    Estimate approved by: Peter H. Fontaine, 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. 620.
    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 H.R. 620.

                        Executive Communications

    On February 11, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Interior and the Office of Management and Budget setting forth 
Executive agency recommendations on H.R. 620. These reports had 
not been received when this report was filed. The testimony 
provided by the Department of the interior at the Subcommittee 
hearing on H.R. 620 follows:

  Statement of Richard Ringe, Associate Director for Administration, 
Business Practices, and Workforce, Development, 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 H.R. 620, which 
would authorize assistance to the State of California or local 
educational agencies for educational services for students 
attending schools in Yosemite National Park and would authorize 
park facilities to be established outside the boundary of the 
park. This legislation was passed by the House on March 25, 
2003.
    The Department supports H.R. 620, as we believe that 
students who attend schools in Yosemite National Park should 
have access to educational services that are comparable to 
those that students elsewhere in California receive. The 
funding authorized by this bill would be a strictly limited 
provision of assistance to address a particularly severe 
situation for schools located in a national park. The 
Department also supports authorizing expenditures for 
facilities outside Yosemite, as this would enable the National 
Park Service to contribute to the regional transportation 
system being developed to serve Yosemite's visitors and 
employees.
    Schools have been located within Yosemite National Park for 
over 125 years to serve the needs of park employees and their 
children. At present, two elementary schools are located within 
the park, at Wawona and in Yosemite Valley. A third elementary 
school and a small high school are located in El Portal, the 
park's administrative site located on federal property just 
outside the park boundary. Most high-school age students attend 
the larger county high school in Mariposa because of the lack 
of opportunity for a comprehensive program at the El Portal 
school.
    The Yosemite Valley School has 42 students in grades 
kindergarten through eighth grade, divided into three classes. 
The amount of funding from the State of California, according 
to a formula based on average daily attendance, supports only 
two teachers.
    The school principal also serves as a teacher.
    The elementary school in El Portal has 53 students in seven 
grades, divided into multigraded classrooms. The Wawona school 
mirrors the old ``one-room'' schoolhouse, with 16 children in 
grades K-8, and one teacher. Because the current funding 
formula provides for only one teacher, the school is unable to 
serve more than 20 students. Consequently, in years when the 
maximum teacher-student ratio is reached, parents are left with 
the choice of either home-schooling their children or 
transporting them on their own to schools elsewhere.
    Because the schools in the park are located in remote 
areas, students at the Yosemite schools lack services that are 
normally available to students that attend schools elsewhere in 
the state. For example, access to teachers to serve students 
with special needs is very limited, and road and weather 
conditions can often restrict teachers' abilities to reach the 
park. Many facilities are in need of repair or do not meet 
state or federal standards.
    The quality of education that students receive in these 
schools suffers as a result of lack of funding and staffing. 
For example, because teachers in the Yosemite schools are 
responsible for multiple grade levels, they are at a 
disadvantage compared to teachers who are able to focus on the 
curriculum and standards for one grade. In addition to their 
educational duties, teachers must also tend to administrative 
duties normally performed by other employees. As a result, they 
are unable to give the time or attention necessary to provide 
the quality of education that the students deserve.
    Recruitment and retention of employees at Yosemite National 
Park is also adversely affected by the quality of the park 
schools. Many highly qualified National Park Service employees 
with school-age children who might otherwise be interested in 
applying for jobs at Yosemite are discouraged from doing so 
because of the school situation. Park employees often cite the 
schools as a major factor in their decision to transfer from 
Yosemite to other assignments.
    H.R. 620 authorizes the Secretary of the Interior to 
provide funds to the two school districts that administer 
schools at Yosemite for educational services to students who 
are dependents of park employees or who live on federal 
property in or near the park. The bill prohibits funds from 
being used for facility construction or major improvements, and 
limits the amount of funding that may be provided to the lesser 
of $400,000 annually or the amount necessary to provide 
students with educational services comparable to those received 
by other public school students in California. The bill allows 
funding for this purpose to be derived from appropriations, 
donations and fees, except that it prohibits the use of fees 
collected under the Land and Water Conservation Fund Act, from 
the Recreational Fee Demonstration program, and from the 
National Park Passport program. The legislation also prohibits 
the use of emergency appropriations for Yosemite flood recovery 
for this purpose.
    We want to note that the proposal to assist Yosemite 
schools has been refined considerably since it was first 
introduced last Congress. The initial proposal was an 
indefinite authorization of funding with no limit on the dollar 
amount that could be spent or restriction on the use of the 
funds. During the last Congress, the Department worked closely 
with this committee, the House Resources Committee, and the 
House and Senate Appropriations Committees to set limits on the 
amount, duration, use, and source of the funding authorized by 
this legislation. The result is that the proposal in its 
current form is now a tightly drawn authorization of a limited 
amount of federal assistance for what is a unique educational 
situation.
    We strongly believe that any assistance for schools 
authorized by this bill should be supplemental to Yosemite's 
annual budget and should not result in a reduction of the 
amount of funding available for park operations and 
maintenance.
    H.R. 620 also authorizes the Secretary to provide 
assistance for transportation systems and facilities outside 
the boundary of Yosemite National Park. It does so by extending 
to Yosemite the same authority Congress provided Zion National 
Park in 1996 to enter into agreements and expend funds outside 
the boundaries of the park. This bill explicitly allows 
appropriations to be used for ``transportation systems'' along 
with other administrative and visitor use facilities.
    This provision would allow the park to contribute 
financially to the regional transportation system that serves 
the park's visitors and employees. Developing this system has 
been a goal of the park since the adoption of the 1980 General 
Management Plan.
    In 1999 Mariposa, Merced, and Mono counties created a Joint 
Powers Authority as an entity to implement the Yosemite Area 
Regional Transportation System (YARTS) and entered into a 
Cooperative Agreement with Yosemite National Park. Now in its 
fourth successful year, YARTS provides an attractive 
alternative for visitors and employees without having to 
replace the use of private cars. In 2001, YARTS carried over 
38,000 passengers, including park employees, during Yosemite's 
prime visitor season (May through September). Many of these 
visitors chose to leave their cars at their motels or other 
locations outside the park. By choosing YARTS to access the 
Yosemite Valley, over 11,000 parking places were made available 
during the summer.
    During the initial two years, the National Park Service 
participated in the funding of this project using fee 
demonstration program authority. In its third year of 
operations, that funding was no longer available, and YARTS had 
to reduce the number of runs it provides. The regional 
transportation system is an important means to solve Yosemite's 
parking and congestion issues by reducing the amount of 
infrastructure development within the park, and thus 
substantially reducing the funding requirements for 
implementing the Yosemite Valley Plan. The Department believes 
that a small amount of federal assistance will help make YARTS 
an even bigger success.
    In addition, the authority provided by H.R. 620 would 
enable the National Park Service to establish visitor contact 
facilities in the park's gateway communities, as is called for 
in the Yosemite Valley Plan.
    In order to assure that the park has the ability to 
contribute to YARTS through all available transportation 
authorities, we suggest amendment H.R. 620 to make the 
transportation fee authority provided under Title V of the 
National Parks Omnibus Management Act of 1998 (P.L. 105-391) 
applicable to parks that fund transportation services through a 
cooperative agreement. The existing language allows parks to 
use that authority only in cases where transportation services 
are provided through a service contract. The text of this 
proposed amendment is attached.
    Mr. Chairman, this concludes my remarks. I would be happy 
to respond to any questions that you or the other members of 
the subcommittee may have.

                   MINORITY VIEWS OF SENATOR BINGAMAN

    Had there been a roll call vote on the motion to report 
H.R. 620, I would have voted no. I am very concerned with the 
concept of taking money intended for our national parks and 
diverting it to a non-park purpose, as H.R. 620 authorizes, 
even one as worthwhile as public education.
    There have been recently several news accounts of the 
National Park Service's budget troubles. An internal Park 
Service memo that was sent out in April noted ``[t]his is a 
time of fiscal constraint that rivals any within our collective 
memories. . . . A number of parks and offices in our region are 
in serious financial difficulty and began the fiscal year not 
being able to meet fixed costs.''
    Another internal Park Service memo from a different region 
of the country was sent earlier this year stating that ``the 
majority of parks in the [region] are beginning this fiscal 
year with fewer operating dollars than in fiscal year 2003. 
Additionally, the absorption of pay costs, necessary 
assessments, and other rising, fixed costs have further eroded 
operating dollars.''
    The memo then directs park superintendents to prepare a 
list of possible service and budget cuts, (which it refers to 
as ``service level adjustments due to fiscal constraints) such 
as closing visitor centers on Federal holidays, eliminating 
ranger tours, closing campgrounds, and even considering closing 
the park on certain days of the week.
    Whether they are called ``budget cuts'' or ``service level 
adjustments,'' the fact is the National Park Service, like 
other Federal land management agencies, is facing serious 
budgetary difficulties.
    To compound that problem, H.R. 620 authorizes the Park 
Service to divert up to $400,000 each year from the operating 
budget of Yosemite National Park to pay for school needs that 
are the responsibility of the State of California. In my 
opinion, diverting scarce park resources for non-park purposes 
is bad public policy and a terrible precedent.
    I understand that Yellowstone National Park has a similar 
authority dating back to the 1940's, but the fact that this has 
been done once is not a good reason to do it again.
    Just as the Yellowstone authority has been cited as a 
reason to pass the Yosemite bill, this bill will also be cited 
as precedent for future bills affecting other rural areas. 
There are many rural communities throughout the country with 
under funded schools that are near Federally-managed areas and 
that are attended by the children of Federal employees.
    For the past 3 years this Administration has opposed almost 
every park-related bill on the grounds that the National Park 
Service doesn't have enough money to pay for its immediate 
needs, especially the maintenance backlog. Yet the 
Administration supports this bill.
    According to the Administration's testimony, it is 
acceptable to fund these schools out of Park Service funds 
because most of the children attending the schools are the 
children of Park Service or park concessionaire employees, and 
``the quality of education that students receive in these 
schools suffers as a lack of funding and staffing.'' Yet one of 
the affected schools, Yosemite Valley School, has been 
recognized as a ``California Distinguished School'' with scores 
well above the State average.
    I think it's also important to note that there are Federal 
programs designed to address funding needs for rural schools 
such as these. The affected school districts are eligible to 
receive assistance under the Impact Aid program, Title VIII of 
the Elementary and Secondary Education Act of 1965. It does not 
make sense, in my view, to turn the National Park Service into 
another Department of Education grant program.
    Mr. Chairman, during the previous Congress, the Committee 
considered similar legislation. The Committee amended that bill 
to authorize appropriations for the three schools at issue, but 
did not allow for the money to be transferred administratively 
from Yosemite National Park's operating funds. While 
Unfortunately, that amendment was not considered by the 
Committee this year. As reported by the Committee, H.R. 620 
will circumvent the appropriations process and allow for the 
Secretary of the Interior to transfer money to the schools that 
had been appropriated for use at Yosemite National Park.
                                                     Jeff Bingaman.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
H.R. 620, as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                           Public Law 92-589

  AN ACT To establish the Golden Gate National Recreation Area in the 
              State of California, and for other purposes

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

           *       *       *       *       *       *       *


                       COMPOSITION AND BOUNDARIES

    Sec. 2. (a) [The recreation area shall comprise] (1) 
Initial Lands.--The recreation area shall compromise the lands, 
waters, and submerged lands generally depicted on the map 
entitled: ``Revised Boundary Map, Golden Gate National 
Recreation Area'', numbered NRA-GG-80,003-K and dated October 
1978, plus those areas depicted on the map entitled ``Point 
Reyes and GGNRA Amendments and dated October 25, 1979''. The 
authority of the Secretary to acquire lands in the tract known 
as San Francisco Assessor's Block number 1592 shall be limited 
to an area of not more than one and nine-tenths acres. 
Notwithstanding any other provision of this subchapter, the 
Secretary shall not acquire the Marin County Assessor's parcels 
numbered 199-181-01, 199-181-06, 199-181-08, 199-181-13, and 
199-181-14, located in the Muir Beach portion of the recreation 
area. For the purposes of this subchapter, the southern end of 
the town of Marshall shall be considered to be the Marshall 
Boat Works. [The following additional lands are also hereby 
included within the boundaries of the recreation area: Marin 
County Assessor's parcel numbered 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, 166-101-12, 166-010-13, and 
119-235-10. The recreation area shall also include the 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. The recreation area shall also include those lands 
acquired pursuant to the Golden Gate National Recreational Area 
Addition Act of 1992. The recreation area shall also include 
the lands generally depicted on the map entitled ``Additions to 
Golden Gate National Recreation Area'', numbered NPS-80,076, 
and dated July 2000/PWR-PLRPC.]
    (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.

           *       *       *       *       *       *       *


                          ADVISORY COMMISSION

    Sec. 5. (a) There is hereby established the Golden Gate 
National Recreation Area Advisory Commission (hereinafter 
referred to as the ``Commission.'').
    [(b) The Commission shall be composed of eighteen members 
appointed by the Secretary for terms of five years each. 
Provided, That the terms of those members who have been either 
appointed or reappointed subsequent to January 1, 1979, shall 
be extended so as to expire not before June 1, 1985.]
    (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.
    (c) Any vacancy in the Commission shall be filled in the 
same manner in which the original appointment was made.
    (d) Members of the Commission shall serve without 
compensation, as such, but the Secretary may pay, upon vouchers 
signed by the Chairman, the expenses reasonably incurred by the 
Commission and its members in carrying out their 
responsibilities under this Act.
    (e) The Secretary, or his designee, shall from time to 
time, but at least annually, meet and consult with the 
Commission on general policies and specific matters related to 
planning, administration and development affecting the 
recreation area and other units of the national park system in 
Marin and San Francisco Counties.
    (f) The Commission shall act and advise by affirmative vote 
of a majority of the members thereof.
    (g) The Commission shall [cease to exist thirty years after 
the enactment of this Act] terminate on December 31, 2014.

           *       *       *       *       *       *       *

                              ----------                              


                   Public Law 102-248, 102d Congress


AN ACT To establish the Manzanar National Historic Site in the State of 
                   California, and for other purposes

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

TITLE I--MANZANAR NATIONAL HISTORIC SITE

           *       *       *       *       *       *       *


SEC. 105. ADVISORY COMMISSION.

    (a) Establishment.--There is hereby established an 11-
member advisory commission to be known as the Manzanar National 
Historic Site Advisory Commission. The members of the Advisory 
Commission shall be appointed by the Secretary, and shall 
include former internees of the Manzanar relocation camp, local 
residents, representatives of Native American groups, and 
members of the general public.

           *       *       *       *       *       *       *

    (h) Termination.--The Advisory Commission shall terminate 
[10 years after the date of enactment of this title] on 
December 31, 2013.

           *       *       *       *       *       *       *

                              ----------                              


                   Public Law 104-333, 104th Congress


AN ACT To provide for the administration of certain Presidio properties 
    at minimal cost to the Federal taxpayer, and for other purposes

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    This Act may be cited as the ``Omnibus Parks and Public 
Lands Management Act of 1996''.

           *       *       *       *       *       *       *


DIVISION I

           *       *       *       *       *       *       *


TITLE VIII--MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT PROVISIONS

           *       *       *       *       *       *       *


SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.

           *       *       *       *       *       *       *


    (c) Authorization for Park Facilities To Be Located Outside 
the Boundaries of Zion National Park.--In order to facilitate 
the administration of Zion National Park and Yosemite National 
Park, the Secretary of the Interior is authorized, under such 
terms and conditions as he may deem advisable to expend donated 
or appropriated funds for transportation systems and the 
establishment of essential facilities for park administration 
and visitor use outside the boundaries, but within the 
vicinity, of the [park] parks. Such facilities and the use 
thereof shall be in conformity with approved plans for the 
[park] parks. The Secretary shall use existing facilities 
wherever feasible. Such facilities may only be constructed by 
the Secretary upon a finding that the location of such 
facilities would--
          (1) avoid undue degradation of natural or cultural 
        resources within the [park] parks;
          (2) enhance service to the public; or
          (3) provide a cost saving to the Federal Government.
The Secretary is authorized to enter into cooperative 
agreements with State or local governments or private entities 
to undertake the authority granted under this subsection. The 
Secretary is encouraged to identify and utilize funding sources 
to supplement any Federal funding used for these facilities.

           *       *       *       *       *       *       *

                              ----------                              


                   Public Law 105-391, 105th Congress


AN ACT To provide for improved management and increased accountability 
   for certain National Park Service programs, and for other purposes

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Parks Omnibus Management Act of 1998''.
    (b) Table of Contents.--The table of contents of this Act 
is as follows:

           *       *       *       *       *       *       *


SEC. 501. FEES.

    Notwithstanding any other provision of law, where the 
National Park Service or an entity under a service contract, 
cooperative agreements, or other contractual agreement with the 
National Park Service provides transportation to all or a 
portion of any unit of the National Park System, the Secretary 
may impose a reasonable and appropriate charge to the public 
for the use of such transportation services in addition to any 
admission fee required to be paid. Collection of both the 
transportation and admission fees may occur at the 
transportation staging area or any other reasonably convenient 
location determined by the Secretary. The Secretary may enter 
into agreements with public or private entities, who qualify to 
the Secretary's satisfaction, to collect the transportation and 
admission fee. Such transportation fees collected as per this 
section shall be retained by the unit of the National Park 
System at which the transportation fee was collected and the 
amount retained shall be expended only for costs associated 
with the transportation systems at the unit where the charge 
was imposed.

           *       *       *       *       *       *       *


                                
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