[Congressional Record Volume 152, Number 88 (Monday, July 10, 2006)]
[House]
[Pages H4924-H4925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PAINT BANK AND WYTHEVILLE NATIONAL FISH HATCHERIES CONVEYANCE ACT

  Mr. RADANOVICH. Madam Speaker, I move to suspend the rules and pass 
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.
  The Clerk read as follows:

                               H.R. 5061

       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 ``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.

       (a) In General.--Within 180 days after the date of the 
     enactment of this Act, the Secretary of the Interior shall 
     convey to the State of Virginia without reimbursement all 
     right, title, and interest of the United States in and to the 
     property described in subsection (b) for use by the Virginia 
     Department of Fish and Game as part of the State of Virginia 
     fish culture program.
       (b) Property Described.--The property referred to in 
     subsection (a) consists of--
       (1) the real property comprising Paint Bank National Fish 
     Hatchery and Wytheville National Fish Hatchery, located at 
     Paint Bank and Wytheville, Virginia, respectively, as 
     described in the 1982 Cooperative Agreement between the 
     United States Fish and Wildlife Service and the State of 
     Virginia;
       (2) all improvements and related personal property under 
     the control of the Secretary that is located on that real 
     property, including buildings, structures, and equipment; and
       (3) all easements, leases, and water rights relating to the 
     property described in paragraphs (1) and (2).
       (c) Reversionary Interest.--If any of the property conveyed 
     to the State of Virginia under this section is used for any 
     purpose other than the use authorized under subsection (a), 
     all right, title, and interest in and to all property 
     conveyed under this section shall revert to the United 
     States. The State of Virginia shall ensure that all property 
     reverting to the United States under this subsection is in 
     substantially the same or better condition as at the time of 
     transfer to the State.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentleman from New Jersey (Mr. 
Pallone) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. RADANOVICH. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RADANOVICH. Madam Speaker, I yield myself such time as I may 
consume.
  I am pleased to support H.R. 5061, introduced by our colleagues, 
Congressmen Rick Boucher and Virgil Goode, to convey the Paint Bank and 
Wytheville National Fish Hatcheries to the State of Virginia.
  This action is appropriate and timely since the State has been 
superbly operating these facilities for the past 23 years. During this 
time nearly 1 million brook, brown, and rainbow trout have been 
produced each year. In fact, this represents over 40 percent of the 
total amount of trout that have been stocked for public fishing in 
Virginia. These fish provide recreational opportunities for thousands 
of people.
  This is not an example of the Federal Government's simply ridding 
itself of unwanted assets. These two hatcheries are not considered 
components of the National Fish Hatchery System, and the State of 
Virginia has demonstrated its commitment to manage these facilities 
effectively. In fact, the State has spent nearly $400,000 in State 
resources to improve these hatcheries. However, to undertake additional 
renovations that may cost as much as $4.5 million, it is necessary that 
ownership is transferred from the Federal Government. This is a 
position that is supported by all interested parties.
  I urge an ``aye'' vote on this legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. PALLONE. Madam Speaker, I yield myself such time as I may 
consume.
  (Mr. PALLONE asked and was given permission to revise and extend his 
remarks.)
  Mr. PALLONE. Madam Speaker, we support this legislation that would 
transfer the Paint Bank and Wytheville National Fish Hatcheries to the 
Commonwealth of Virginia. Both hatcheries have been operated by the 
Commonwealth for several years under a long-term management agreement 
with the U.S. Fish and Wildlife Service. This conveyance will enable 
the State to finance improvements to upgrade these facilities which 
would otherwise be left unaddressed by the Fish and Wildlife Service.
  I want to commend the bill's Democratic sponsor, Congressman Rick 
Boucher, for introducing this legislation which will enhance sports 
fishing opportunities in Virginia.
  I urge Members to support this noncontroversial bill.
  Mr. BOUCHER. Madam Speaker, I rise in strong support of H.R. 5061, 
bi-partisan legislation which I introduced with my colleague from 
Virginia Mr. Goode.
  H.R. 5061 would simply convey two federal fish hatcheries located in 
the towns of Wytheville and Paint Bank in my Congressional district to 
the State of Virginia for continued operation by the Virginia 
Department of Game and Inland Fisheries. The legislation enjoys wide 
support and no opposition. The U.S. Fish and Wildlife Services as well 
as the State of Virginia both endorse the conveyance of these two 
properties.
  The two facilities have been operated by the Virginia Department of 
Game and Inland Fisheries since 1983 under a 25 year lease agreement. 
In the early 1980's the federal government was in the process of 
divesting some federal hatcheries which were not involved in fish stock 
mitigation activities. The Wytheville and Paint Bank hatcheries are not 
used for fish stock mitigation and breed fish for recreational fishing 
only--both facilities provide brook, brown and rainbow trout for the 
stocking of streams on federal lands. At that time, Virginia expressed 
interest in operating the facilities under a 25 year lease agreement, 
and the State has been operating the facilities since that time. The 
lease is set to expire in 2008, and all parties are in agreement that a 
title transfer before that expiration date is appropriate.
  The two facilities have an estimated combined economic effect of $40 
million annually and produced a combined total of approximately 290,729 
pounds of trout during Fiscal Year 2005.
  Since beginning operation of the facilities under the lease 
agreement, the State has made numerous investments in the two 
hatcheries. The State has invested approximately $159,350 for 
improvements to the Wytheville facility and approximately $230,000 at 
the Paint Bank facility.
  In addition, during that time the facilities have been thoroughly 
tested for various contaminants, and there are now no contaminant 
issues associated with either hatchery. The State would like to 
continue operation and investment in the facilities for a variety of 
reasons. For example, in order for extensive capital expenditures or 
any federal funding to be used for additional improvements, the 
ownership must be transferred from the federal government. Given the 
fact that the State of Virginia would like to assume ownership and that 
the federal government has been making a broad effort to divest of non-
mitigation related hatcheries, this conveyance is in the interest of 
all parties.
  H.R. 5051 would simply transfer title of the Wytheville and Paint 
Bank Fish Hatcheries to the State of Virginia. I appreciate the work of 
Subcommittee Chairman Gilchrest and Ranking Member Pallone as well as 
that of Chairman Pombo and Ranking Member Rahall of the House Resources 
Committee in bringing this measure to the floor for consideration, and 
I urge its adoption.
  Mr. PALLONE. Madam Speaker, I have no further requests for time, and 
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. 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. 5061.
  The question was taken.

[[Page H4925]]

  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. RADANOVICH. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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