PAYMENTS FOR EDUCATIONAL SERVICES.

SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES. (a) In General.—(1) For fiscal years 2006 through 2009, the Secretary of the Interior may provide funds to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in the State of California for educational services to students—(A) who are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (B) who live within or near the park upon real property owned by the United States. (2) The Secretary’s authority to make payments under this section shall terminate if the State of California or local education agencies do not continue to provide funding to the schools referred 119 STAT. 2567 to in subsection (a) at per student levels that are no less than the amount provided in fiscal year 2005. (b) Limitation on Use of Funds.—Payments made under this section shall only be used to pay public employees for educational services provided in accordance with subsection (a). Payments may not be used for construction, construction contracts, or major capital improvements. (c) Limitation on Amount of Funds.—Payments made under this section shall not exceed the lesser of—(1) $400,000 in any fiscal year; or (2) 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) Source of Payments.—(1) Except as otherwise provided in this subsection, the Secretary may use funds available to the National Park Service from appropriations, donations, or fees. (2) 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.); and (ii) the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.). (B) Any unexpended receipts collected through—(i) 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; Public Law 104–134); or (ii) the national park passport program established under section 602 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5992). (C) Emergency appropriations for flood recovery at Yosemite National Park. (3)(A) The Secretary may use an authorized funding source to make payments under this section only if the funding available to Yosemite National Park from such source (after subtracting any payments to the school districts authorized under this section) is greater than or equal to the amount made available to the park for the prior fiscal year, or in fiscal year 2005, whichever is greater. (B) It is the sense of Congress that any payments made under this section should not result in a reduction of funds to Yosemite National Park from any specific funding source, and that with respect to appropriated funds, funding levels should reflect annual increases in the park’s operating base funds that are generally made to units of the National Park System.