[Congressional Record Volume 149, Number 48 (Tuesday, March 25, 2003)]
[House]
[Pages H2287-H2288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING SUPPLEMENTAL FUNDING TO ASSIST CALIFORNIA IN PROVIDING
EDUCATIONAL SERVICES IN YOSEMITE NATIONAL PARK
Mr. RADANOVICH. Madam Speaker, I move to suspend the rules and pass
the bill (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, as amended.
The Clerk read as follows:
H.R. 620
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. 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. 2. 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 $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 section.
(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.
SEC. 3. 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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentleman from Wisconsin (Mr. Kind)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Radanovich).
Mr. RADANOVICH. Madam Speaker, I yield myself such time as I may
consume.
H.R. 620, authored by me, 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 K-8; El Portel Elementary, which serves 50 students in seven
grades; and Wawona Elementary, which serves 20 children in grades K-8
with only one teacher. All three schools represent those one-room
schools of yesteryear.
Madam Speaker, California is 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 Federal funding sources such as Impact Aid
and payment in lieu of taxes, or PILT, are made available to Mariposa
and Madera Counties where these three schools exist and through which
this money is distributed, the reality is very few of these 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 the fiscal year 2002 Interior appropriations
bill for these schools. However, going to appropriators every year for
this critical assistance is not the most productive approach.
Therefore, for the reasons I have outlined, the solution before the
[[Page H2288]]
House today is the best long-term approach to this problem.
During subcommittee and committee consideration in the 107th
Congress, I made a number of changes to the bill that addressed issues
raised by the administration, members of the Committee on Resources and
the Committee on Education and the Workforce. For example, the bill
makes it clear that funds made available by the Secretary under H.R.
620 will not go towards new construction, construction contracts, or
major capital improvements and thus would be limited to general upkeep,
maintenance, and classroom teaching.
Madam Speaker, 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.
{time} 1430
Lastly, the bill authorizes the Secretary of the Interior to locate
facilities including transportation systems outside the boundaries of
the Yosemite National Park. H.R. 620 is supported by the minority and
majority of the Committee on Resources and the Committee on Education
and the Workforce.
I urge my colleagues to support H.R. 620, as amended.
Madam Speaker, I reserve the balance of my time.
Mr. KIND. Madam Speaker, I yield myself such time as I may consume.
(Mr. KIND asked and was given permission to revise and extend his
remarks.)
Mr. KIND. Madam Speaker, we have no objections to this legislation in
its current form and would encourage our colleagues to support its
passage. H.R. 620 provides a unique arrangement for funding certain
local public schools. The legislation authorizes the National Park
Service to provide funds and services to supplement the educational
services and facilities provided to children of Yosemite National Park
employees and the park concessionaire at three small local schools
located within the park system.
Similar legislation was considered in the 107th Congress. Initially,
a significant number of issues and problems were associated with that
bill; however, the sponsor, the gentleman from California (Mr.
Radanovich), agreed to a number of changes requested by the minority
and the administration; and it appears as if we have worked out some of
those concerns.
There were also changes made to the bill as a result of negotiations
with the Committee on Education and the Workforce that holds joint
jurisdiction with the Committee on Resources over this matter. As a
result of those changes, the bill passed the House in April of 2002.
H.R. 620 is essentially the same bill that was passed through the
House last year with limitations on the amount, use, source, and
duration of the funds for these local schools. Of particular note,
while the bill authorizes the use of appropriated funds, it is our
expectation that these will be newly appropriated funds and not come
from the existing operating budget within the park system. Yosemite
National Park, like many other national parks, has significant
operating challenges. The park can ill afford to divert operating funds
to a nonoperations function.
Madam Speaker, as I noted earlier, this legislation does provide a
unique arrangement for funding what should be a local responsibility.
However, we have no objection to the bill's consideration, and again we
encourage its passage here today.
Madam Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Madam Speaker, I have no further requests for time,
and I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). 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. 620, 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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