[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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