[Senate Report 109-341]
[From the U.S. Government Publishing Office]
Calendar No. 621
109th Congress Report
SENATE
2d Session 109-341
======================================================================
PAINT BANK AND WYTHEVILLE NATIONAL FISH HATCHERIES CONVEYANCE ACT
_______
September 20, 2006.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
REPORT
[To accompany H.R 5061]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a 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, reports favorably thereon and
recommends that the bill do pass.
General Statement and Background
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 10 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.
Paint Bank National Fish Hatchery was originally
constructed in 1960 and Wytheville National Fish Hatchery was
constructed in 1966. Both facilities were developed to produce
trout for recreational stocking on Federal lands. They were put
into caretaker status when the U.S. Fish and Wildlife Service
(Service) shifted program priorities in the early 1980's. In
1983, the Service entered into a 25-year agreement with the
Commonwealth of Virginia to maintain and operate the facilities
for the Commonwealth's recreational trout program. These
hatcheries 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. The Paint Bank facility
also participates in the National Broodstock program. The
National Broodstock Program is a cooperative venture
coordinated by the Service that each year produces about 100
million disease-free eggs for specific genetic make-up to help
ensure that healthy, high-quality fish are available to anglers
in more than 20 States.
Despite the fact that the State did not have title to this
property, a number of investments have taken place over the
past 20 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. With the end of the 25-year agreement
nearing, the Service has determined that transferring the
hatcheries to the Commonwealth is in the best interest of all
parties and protects strong partnerships that have developed
between the Service and Commonwealth's resource management
officials. The transfer would protect the infrastructure
investments made by the Commonwealth and provide certainty for
future planning and use of the facility, where the Service has
no future plans to reinstitute Federal operation or fish
production.
Objectives of the Legislation
H.R. 5061 directs the Secretary of the Interior to convey
Paint Bank National Fish Hatchery and Wytheville National Fish
Hatchery to the Commonwealth of Virginia. The bill contains a
reversion clause providing that the property conveyed shall
revert to the United States if it is used for any purpose other
than for the State's fish culture program.
Section-by-Section Analysis
Section 1. Short title
This section provides that this Act may be cited as the
``Paint Bank and Wytheville National Fish Hatcheries Conveyance
Act''.
Sec. 2. Conveyance of Paint Bank and Wytheville National Fish
Hatcheries to the State of Virginia
This section directs the Secretary of the Interior to
convey Paint Bank National Fish Hatchery and Wytheville
National Fish Hatchery to the State of Virginia. It also
provides that the property conveyed shall revert to the United
States if it is used for any purpose other than for the State's
fish culture program.
Legislative History
On July 11, 2006, the bill was received, read twice and
referred to the Senate Committee on Environment and Public
Works. The committee met on September 13, 2006, to consider the
bill. H.R. 5061 was ordered favorably reported by voice vote.
Hearings
No committee hearings were held on H.R. 5061.
Rollcall Votes
The Committee on Environment and Public Works met to
consider H.R. 5061 on September 13, 2006. The bill was ordered
favorably reported by voice vote. No rollcall votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that H.R.
5061 does not create any additional regulatory burdens, nor
will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that H.R. 5061 would
not impose Federal intergovernmental unfunded mandates on
State, local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
H.R. 5061, Paint Bank and Wytheville National Fish Hatcheries
Conveyance Act, as ordered reported by the Senate Committee on
Environment and Public Works on September 13, 2006
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 act.
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.
On June 27, 2006, CBO transmitted a cost estimate for H.R.
5061 as ordered reported by the House Committee on Resources on
June 21, 2006. The two versions of the legislation are
identical, as are the CBO cost estimates.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.