[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.
* * * * * * *