[House Report 109-533]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-533
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PAINT BANK AND WYTHEVILLE NATIONAL FISH HATCHERIES CONVEYANCE ACT
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June 28, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 5061]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 5061) to direct the Secretary of the Interior to convey
Paint Bank National Fish Hatchery and Wytheville National Fish
Hatchery to the State of Virginia, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 5061 is to direct the Secretary of the
Interior to convey Paint Bank National Fish Hatchery and
Wytheville National Fish Hatchery to the State of Virginia.
BACKGROUND AND NEED FOR LEGISLATION
The majority of federal fish hatchery facilities are
managed by the U.S. Fish and Wildlife Service. From its
historic level of 136 National Fish Hatcheries in 1940, the
system is now comprised of 69 National Fish Hatcheries, seven
Fish Technology Centers, nine Fish Health Centers and one
historic fish hatchery. The role of the National Fish Hatchery
System is broader than private, State and tribal hatcheries
which primarily stock fish for commercial and recreational
users. The average age of these facilities is 60 years and the
growing deferred maintenance backlog is $245 million. The
average cost to operate a federal Fish Hatchery is $528,000
each year. While funding for hatchery operations has increased
over $20 million in the last ten years, the number of federal
employees working within the hatchery system has fallen from
522 to 457, or a 12.5 percent reduction in the workforce.
Under the terms of H.R. 5061, all right, title and interest
in the Paint Bank and Wytheville National Fish Hatcheries would
be conveyed to the Virginia Department of Fish and Game without
reimbursement. This property consists of 490 acres at the Paint
Bank and 134 acres at the Wytheville National Fish Hatcheries.
It also includes the transfer of residences, an administrative
building, flammable storage building, sewage treatment plant
and concrete linear raceways for the production of cold water
fisheries. The bill contains a reversionary clause that
stipulates that these fish cultural stations will revert back
to the federal government if they are utilized for activities
other than the State of Virginia's fish culture program.
The Virginia Department of Game and Inland Fisheries have
been operating these two hatcheries since 1983 under a 25-year
lease agreement it signed with the U.S. Fish and Wildlife
Service. These two fish hatcheries were built in the mid 1960s,
can produce up to 861,632 brook, brown and rainbow trout each
year. This represents over 40 percent of the trout stocked for
public fishing in Virginia.
Despite the fact that the State did not have title to this
property, a number of investments have taken place over the
past twenty years. The total cost of these improvements at
Paint Bank and Wytheville Hatcheries has been $389,500, and the
State is prepared to invest an additional $4.5 million in
renovations. According to the Virginia Department of Game and
Inland Fisheries, the annual economic impact of these two
facilities is in excess of $40 million, and there are 13 full-
time State employees.
COMMITTEE ACTION
H.R. 5061 was introduced on March 30, 2006, by Congressmen
Rick Boucher (D-VA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries and Oceans. On June 15, 2006, the Subcommittee held a
hearing on the bill. On June 21, 2006, the Full Resources
Committee met to consider the bill. The Subcommittee on
Fisheries and Oceans was discharged from further consideration
of the bill by unanimous consent. No amendments were offered
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
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, clause 3 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
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
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:
H.R. 5061--Paint Bank and Wytheville National Fish Hatcheries
Conveyance Act
H.R. 5061 would direct the Secretary of the Interior to
convey without consideration two fish hatcheries to the state
of Virginia. The transfer would comprise all property interests
in the Paint Bank National Fish Hatchery and the Wytheville
National Fish Hatchery, including about 625 acres of land,
several buildings, a sewage treatment plant, and hatchery
facilities.
Based on information provided by the U.S. Fish and Wildlife
Service, CBO estimates that implementing H.R. 5061 would have
no effect on the federal budget. The two fish hatcheries are
already being operated by the state at its own expense, as they
would continue to be under the bill.
H.R. 5061 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enacting this legislation would benefit Virginia.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was 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.