[Congressional Record Volume 148, Number 51 (Tuesday, April 30, 2002)]
[House]
[Pages H1696-H1697]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1430
            YOSEMITE NATIONAL PARK EDUCATION IMPROVEMENT ACT

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3421) to provide adequate school facilities within Yosemite 
National Park, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3421

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

     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.

  The SPEAKER pro tempore (Mr. Culberson). Pursuant to the rule, the 
gentleman from California (Mr. Radanovich) and the gentlewoman from the 
Virgin Islands (Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Radanovich).
  Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3421, which I introduced, would authorize the 
Secretary of the Interior to provide supplemental funding and other 
services necessary to assist local school districts in providing 
educational services for students attending three schools located 
within Yosemite National Park.
  The three schools in question are Yosemite Valley, which serves 46 
students in K through eighth grades; El Portel Elementary, which serves 
50 students

[[Page H1697]]

in seven grades; and Wawona Elementary, which serves 20 students in 
grades K through 8 with only one teacher.
  All three schools represent those one-room schools of yesteryear.
  Mr. Speaker, California schools are unique in that operating funds 
for schools are based on an average daily attendance. Since the 
devastating 1997 Merced River flood, there has been a dramatic 
reduction in the number of park employees and thus fewer school 
children attending these schools. With fewer and fewer children 
attending these schools, fewer State dollars are committed. The result 
is that the superintendent for Yosemite National Park and the 
concessionaire serving park visitors are attracting less than qualified 
candidates to work in the park because families are not provided with 
adequate schools.
  Meanwhile, while the Federal funding sources such as Impact Aid and 
PILT, which is Payment In Lieu of Taxes, are made available to Mariposa 
and Madera Counties where these schools exist and through which money 
is distributed, the reality is very few dollars are actually used to 
fund these classrooms. In light of these realities, I was able to 
secure special funding in the amount of $111,000 in FY 2002 Interior 
appropriations bills for these schools. However, going to the 
appropriators every fall for this critical assistance is not the most 
productive approach.
  Therefore, for the reasons I have outlined, the solution before the 
House today is the best long-term approach to this problem.
  Mr. Speaker, during subcommittee and committee considerations, I made 
a number of changes to H.R. 3421 that address issues raised by the 
administration, members of the Committee on Resources, and the 
Committee on Education and the Workforce. For example, the bill makes 
clear that funds made available by the Secretary under H.R. 3421 will 
not go towards new construction, construction contracts or major 
capital improvements, and thus would be limited to general upkeep, 
maintenance, and classroom teaching. I do not think that we should 
stand by and permit children of the Park Service and concessionaire 
employees from being deprived of their education simply because their 
parents have chosen to work in Yosemite National Park.
  Mr. Speaker, H.R. 3421 as amended is supported by the administration 
and the minority and majority of the Committee on Resources. I urge my 
colleagues to support H.R. 3421, as amended.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I might 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, H.R. 3421, sponsored by my 
distinguished colleague and chairman, the gentleman from California 
(Mr. Radanovich), authorizes the National Park Service to provide funds 
and services to supplement the educational services and facilities 
provided to the children of Yosemite National Park employees and the 
park concessionaire at three small local schools located within the 
park.
  The legislation provides a very unique arrangement for funding local 
schools. As such, a number of issues and problems with the bill as you 
have heard were raised during a December 2001 hearing on this bill. In 
fact, while the National Park Service expressed sympathy with the 
purpose of the bill, they, on behalf of the administration, initially 
opposed the measure. I appreciate the willingness of the gentleman from 
California (Mr. Radanovich) to make a number of changes requested by 
the minority, including deleting the use of entrance and user fees to 
pay for the program, limiting funds to operations and services, and 
eliminating the authority of the Secretary to assume operation of the 
schools. There were also negotiations with the Committee on Education 
and the Workforce which shares jurisdiction on this matter with the 
Committee on Resources.
  As the result of those negotiations, the bill was further amended to 
include among other things a limit on the authorization of funds to 5 
years and a cap on the funds of the lesser of $750,000 or the amount 
necessary to provide students with normal educational services.
  Mr. Speaker, as I noted earlier, this legislation provides a unique 
arrangement for funding what should be a local responsibility. However, 
with the changes that have been made to the bill, I have no objection 
to its consideration and passage today.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the bill, H.R. 3421, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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