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[House Report 107-410]
[From the U.S. Government Publishing Office]

107th Congress                                            Rept. 107-410
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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

 
            YOSEMITE NATIONAL PARK EDUCATION IMPROVEMENT ACT

                                _______
                                

 April 16, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3421]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3421) to provide adequate school facilities within 
Yosemite National Park, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Yosemite National Park Education 
Improvement Act''.

SEC. 2. FINDINGS AND PURPOSE.

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

SEC. 3. PAYMENTS FOR EDUCATIONAL SERVICES.

  (a) Authority to Provide Funds.--For fiscal years 2003 through 2007, 
the Secretary may provide funds to the Bass Lake Joint Union Elementary 
School District and the Mariposa Unified School District for 
educational services to students who are dependents of persons engaged 
in the administration, operation, and maintenance of the Park or 
students who live at or near the Park upon real property of the United 
States.
  (b) Limitation on Use of Funds.--Payments made by the Secretary under 
this section may not be used for new construction, construction 
contracts, or major capital improvements, and may be used only to pay 
public employees for services otherwise authorized by this Act.
  (c) Limitation on Amount of Funds.--Payments made under this section 
shall not exceed the lesser of $750,000 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 educational agencies do not 
continue to provide funding for educational services at Park schools at 
per student levels that are equivalent to or greater than those 
provided in the fiscal year prior to the date of enactment of this Act.
  (e) Source of Payments.--
          (1) Authorized sources.--Except as provided in paragraph (2), 
        in order to make payments under this section, the Secretary may 
        use funds available to the National Park Service from 
        appropriations, donations, or fees.
          (2) Exceptions.--Funds from the following sources may not be 
        used to make payments under this section:
                  (A) Fees authorized and collected under the Land and 
                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
                et seq,).
                  (B) The recreational fee demonstration program under 
                section 315 of the Department of the Interior and 
                Related Agencies Appropriations Act, 1996 (as contained 
                in section 101(c) of Public Law 104-134; 16 U.S.C. 
                460l-6a note).
                  (C) The national park passport program established 
                under section 602 of the National Parks Omnibus 
                Management Act of 1998 (16 U.S.C. 5992).
                  (D) Emergency appropriations for Yosemite flood 
                recovery.
  (f) Definitions.--For the purposes of this Act, the following 
definitions apply:
          (1) Local educational agencies.--The term ``local educational 
        agencies'' has the meaning given that term in section 9101(26) 
        of the Elementary and Secondary Education Act of 1965.
          (2) Educational services.--The term ``educational services'' 
        means services that may include maintenance and minor upgrades 
        of facilities and transportation to and from school.
          (3) Park.--The term ``Park'' means Yosemite National Park.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

                          purpose of the bill

    The purpose of H.R. 3421 is to provide adequate school 
facilities within Yosemite National Park, and for other 
purposes.

                  background and need for legislation

    Yosemite Valley, El Portal and Wawona schools serve the 
children of employees of Yosemite National Park and its 
concessionaire. These small kindergarten through grade 12 
facilities are in dire straits and are in danger of closing. 
There has been a precipitous decline in the number of families 
living in Yosemite National Park and concessionaire housing 
following historic January 1997 floods. This has reduced the 
number of students in the three schools and thus funding from 
the State of California based upon the average daily 
attendance. 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. To address this shortcoming, Congressman George 
Radanovich sought and obtained in the Fiscal Year 2000 Labor/
HHS/Education appropriations Bill an earmark for the Mariposa 
County School District to maintain services at two of the three 
schools. However, obtaining special earmarks each year is an 
inadequate way to budget for schools, and the alternative of 
legislation was identified.
    All three schools, while in different circumstances, are 
similarly situated in that access to ``town schools'' where 
more services are available is very difficult. Yosemite Valley 
is well over one hour from the town of Mariposa on a narrow 
mountainous road. El Portal is also over 40 minutes from 
Mariposa, and Wawona is over 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 rockslides. It would be nearly impossible and 
clearly dangerous to transport the students in these 
conditions.
    In addition, there is precedent for financial support of 
park-based schools in other national parks. Yellowstone 
National Park has operated a park-based school that since 1948 
has had statutory provisions for supplemental funds and 
facilities provided by the National Park Service (NPS).
    As ordered reported, H.R. 3421 would authorize the 
Secretary of Interior to provide supplemental funding and other 
services necessary to assist the State of California or local 
school districts in providing educational services for students 
attending the three schools located within Yosemite National 
Park. Payments for educational services and facilities would be 
derived from Park entrance and user fees or from donated funds. 
H.R. 3421 creates a very limited support program for three 
isolated small schools serving NPS employees and NPS 
concessionaire employees in an isolated area. This will ensure 
an adequate education for these employees' children while 
supporting a dedicated workforce for the Park.

                            committee action

    H.R. 3421 was introduced on December 6, 2001, by 
Congressman George Radanovich (R-CA). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation, and Public Lands. 
The bill was additionally referred to the Committee on 
Education and the Workforce. On December 13, 2001, the 
Subcommittee held a hearing on the bill. On March 7, 2002, the 
Subcommittee met to mark up the bill. Mr. Radanovich offered an 
amendment in the nature of a substitute that clarified funds 
may be used for general upkeep and maintenance of school 
facilities and are prohibited from being used for new 
construction, construction contracts, or major capital 
improvements, established a five year authorization on payments 
and limits total pavements for educational services to 
$750,000.00 in any fiscal year, and restricted the source of 
the funding under the Act. It was adopted by voice vote. The 
bill, as amended, was then ordered favorably reported to the 
Full Committee by voice vote. On March 20, 2002, the Full 
Resources Committee met to consider the bill. Congressman 
Radanovich offered an amendment in the nature of a substitute 
that made two technical changes and clarified that only public 
employees may be paid from funds authorized under the Act for 
services permitted by the Act. The amendment was adopted by 
unanimous consent. The bill as amended was ordered favorably 
reported by unanimous consent to the House of Representatives.

            committee oversight findings and recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   constitutional authority statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    compliance with house rule xiii

    1. Cost of Legislation. Clause 3(d)( 2) of rule XIII of the 
rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill could increase direct spending, but any 
such increase would be less than $500,000 a year.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide adequate school facilities 
within Yosemite National Park.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 8, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3421, the Yosemite 
National Park Education Improvement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3421--Yosemite National Park Education Improvement Act

    Summary: H.R. 3421 would authorize the Secretary of the 
Interior to make payments to two California school districts 
that serve the families of Yosemite National Park employees. 
The school districts would use those funds to enhance 
educational services provided to their students.
    CBO estimates that implementing H.R. 3421 would cost 
$750,000 in 2003 and about $4 million over the 2003-2007 
period, assuming the availability of appropriated funds. The 
bill could increase directs spending; therefore, pay-as-you-go 
procedures would apply, but we estimate that any such increase 
would be less than $550,000 a year. H.R. 3421 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments. Enacting this 
legislation could benefit the California school districts 
eligible to receive the authorized funds.
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that H.R. 3421 will be enacted by the end 
of fiscal year 2002 and that amounts necessary to implement the 
bill will be appropriated near the start of each fiscal year. 
The estimated budgetary impact of H.R. 3421 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--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................        1        1        1        1        1
Estimated Outlays..................................................        1        1        1        1        1
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For each of fiscal years 2003 through 
2007, H.R. 3421 would authorize the Secretary of the Interior 
to pay a total of up to $750,000 to two California school 
districts that serve the families of Yosemite National Park 
employees. To make those payments, H.R. 3421 would authorize 
the Secretary to use appropriated funds, donations, or 
offsetting receipts from certain fees collected by the National 
Park Service (NPS). For this estimate, CBO assumes that the 
Secretary would principally rely on appropriated funds to make 
the payments authorized by the bill because very few 
collections and donations are available to spend on new 
activities. Hence, we estimate that implementing H.R. 3421 
would increase new activities. Hence, we estimate that 
implementing H.R. 3421 would increase discretionary spending by 
$750,000 a year over the next five years, assuming the 
availability of appropriated funds. That annual amount could be 
lower if the Secretary chooses to use funds from other sources 
to make payments to the school districts, as discussed below.
    Pay-as-you-go considerations: H.R. 3421 would authorize the 
Secretary to use certain fees and donations to make payments to 
the school districts. 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. 3421 would be less than $500,000 a year.
    Intergovernmental and private-sector impact: H.R. 3421 
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 could benefit the 
California school districts eligible to receive the authorized 
funds.
    Estimate prepared by: Federal Costs: Megan Carroll; impact 
on State, local, and tribal governments: Marjorie Miller; 
impact on the private sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                        committee correspondence

                          House of Representatives,
                                    Committee on Resources,
                                     Washington, DC, April 9, 2002.
Hon. John Boehner,
Chairman, Committee on Education and the Workforce,
Rayburn House Office Building, Washington, DC.
    Dear Mr. Chairman: On March 20, 2002, the Committee on 
Resources ordered favorably reported H.R. 3421, to provide 
adequate school facilities within Yosemite National Park, and 
for other purposes. This bill was referred primarily to the 
Committee on Resources and additionally to the Committee on 
Education and the Workforce.
    H.R. 3421 is a narrowly drawn bill which addresses a 
problem experienced by three small, isolated schools located in 
Yosemite National Park in California. These schools serve the 
children of the Park employees and its concessionaire and have 
suffered a lack of funds for basic educational services and 
facility maintenance and repair. Congressman George Radanovich, 
chairman of our Subcommittee on National Parks, Recreation and 
Public Lands and the representative of this area, has sought an 
alternative source of funds to supplement existing funds for 
the schools.
    With slightly over 50 legislative days left in the 107th 
Congress, Congressman Radanovich would like to move H.R. 3421 
expeditiously to the Floor for consideration by the House in 
the hope that it could be enacted before the start of the fall 
school term. I understand that the Subcommittee on National 
Parks staff has worked closely with your staff to ensure that 
the bill does not impinge on Department of Education programs 
and that this work was reflected in an amendment adopted to the 
bill during its consideration by the Committee on Resources.
    Therefore, I ask that you allow the Committee on Education 
and the Workforce to be discharged from further consideration 
of the bill to allow it to be scheduled for a House vote as 
quickly as possible. By not fully exercising the Committee on 
Education and the Workforce's referral, you would in no way be 
waiving your jurisdiction over the subject matter of the bill 
nor would this action be precedent for any other bill. 
Moreover, if a conference on this bill or a similar Senate bill 
should become necessary, I would support your request to have 
your Committee represented on the conference committee. 
Finally, I would be pleased to include this letter and your 
reply in the Committee on Resources bill report to document our 
agreement.
    I thank you for your assistance in this matter and that of 
your staff. I look forward to your response to my request.
            Sincerely,
                                           James V. Hansen,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                  Committee on Education and the Workforce,
                                    Washington, DC, April 12, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources, Longworth HOB, Washington, DC.
    Dear Chairman Hansen: Thank you for your letter of April 9, 
2002 and for working with me regarding H.R. 3421, the 
``Yosemite National Park Educational Facilities Improvement 
Act,'' which was referred to the Committee on Resources and in 
addition the Committee on Education and the Workforce. I very 
much appreciate the cooperation both you and Rep. George 
Radanovich have given in crafting legislation that meets our 
mutual concerns. I thank you for adopting those changes to the 
legislation during your markup. As a result, I do not intend to 
hold a hearing or markup on this legislation.
    In agreeing to waive consideration by our Committee, I 
would expect you to agree that the procedural route should not 
be construed to prejudice the Committee on Education and the 
Workforce's jurisdictional interest and prerogatives on this or 
any similar legislation and will not be considered as precedent 
for consideration of matters of jurisdictional interest to my 
Committee in the future. I would also expect your support in my 
request to the Speaker for the appointment of conferees from my 
Committee with respect to matters within the jurisdiction of my 
Committee should a conference with the Senate be convened on 
this or similar legislation.
    I would appreciate your including my letter in your 
Committee's report to accompany H.R. 3421. Again, I thank you 
for working with me in developing this legislation and I look 
forward to working with you on issues in the future.
            Sincerely,
                                              John Boehner,
                                                          Chairman.

                                  
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