[Congressional Record Volume 157, Number 160 (Monday, October 24, 2011)]
[House]
[Pages H6992-H6994]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          McKINNEY LAKE NATIONAL FISH HATCHERY CONVEYANCE ACT

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 1160) to require the Secretary of the Interior to 
convey the McKinney Lake National Fish Hatchery to the State of North 
Carolina, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1160

       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 ``McKinney Lake National Fish 
     Hatchery Conveyance Act''.

     SEC. 2. CONVEYANCE OF MCKINNEY LAKE NATIONAL FISH HATCHERY.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) State.--The term ``State'' means the State of North 
     Carolina.
       (b) Conveyance.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall convey to the 
     State, without reimbursement, all right, title, and interest 
     of the United States in and to the property described in 
     subsection (c), for use by the North Carolina Wildlife 
     Resources Commission as a component of the fish and wildlife 
     management program of the State.
       (c) Description of Property.--The property referred to in 
     subsection (b) is comprised of the property known as the 
     ``McKinney Lake National Fish Hatchery'', which--
       (1) is located at 220 McKinney Lake Road, Hoffman (between 
     Southern Pines and Rockingham), in Richmond County, North 
     Carolina;
       (2) is a warmwater facility consisting of approximately 422 
     acres; and

[[Page H6993]]

       (3) includes all improvements and related personal property 
     under the jurisdiction of the Secretary that are located on 
     the property (including buildings, structures, and 
     equipment).
       (d) Use by State.--
       (1) Use.--The property conveyed to the State under this 
     section shall be used by the State for purposes relating to 
     fishery and wildlife resources management.
       (2) Reversion.--
       (A) In general.--If the property conveyed to the State 
     under this section is used for any purpose other than the 
     purpose described in paragraph (1), all right, title, and 
     interest in and to the property shall revert to the United 
     States.
       (B) Condition of property.--If the property described in 
     subparagraph (A) reverts to the United States under this 
     paragraph, the State shall ensure that the property is in 
     substantially the same or better condition as the condition 
     of the property as of the date of the conveyance of the 
     property under this section.
       (C) Exception.--This paragraph shall not apply with respect 
     to use of the property under subsection (e).
       (e) Use by Secretary.--The Secretary shall require, as a 
     condition and term of the conveyance of property under this 
     section, that the State shall, upon the request of the 
     Secretary, allow the United States Fish and Wildlife Service 
     to use the property in cooperation with the Commission for 
     propagation of any critically important aquatic resources 
     held in public trust to address specific restoration or 
     recovery needs of such resource.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentlewoman from California (Mrs. 
Napolitano) each will control 20 minutes.
  The Chair recognizes the gentleman from Alaska.


                             General Leave

  Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  This bill would transfer title to 422 acres of land from the Fish and 
Wildlife Service to the North Carolina Wildlife Resources Commission. 
The commission has been effectively managing this property since 1998 
under a Memorandum of Understanding with the Service, and they have 
been providing anglers with 150,000 channel catfish each year. Both the 
State and the Obama administration testified in support of this 
conveyance, and I note that Congress has previously conveyed 10 
national fish hatcheries to various States and municipalities.
  I urge the adoption of this measure, and I reserve the balance of my 
time.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. NAPOLITANO asked and was given permission to revise and extend 
her remarks.)
  Mrs. NAPOLITANO. I rise in support of H.R. 1160, as amended, which 
would convey the McKinney Lake National Fish Hatchery to the North 
Carolina Wildlife Resources Commission for the purposes of fish and 
wildlife management. This would allow for the continued operation of 
the hatchery and the important role it plays in the State's urban 
fishing program and in addressing the restoration or recovery needs of 
aquatic resources held in public trust.
  As we've heard before, with the warming of the oceans, we are in 
critical need of helping conserve our fishing industry. So to me this 
is really a critical piece of legislation.
  I do commend my colleague, Congressman Kissell from North Carolina, 
for introducing his bill, which is supported by his State and the 
administration, and would yield to the gentleman for such time as he 
may consume.
  Mr. KISSELL. I would like to thank my colleague for yielding time.
  Mr. Speaker, I do rise in strong support of H.R. 1160, the McKinley 
National Fish Hatchery Conveyance Act. I'd like to thank the chairman, 
ranking member, and staff of the Natural Resources Committee for 
helping us put this bill together. I also want to thank those from the 
North Carolina Wildlife Resources Commission and those from the U.S. 
Fish and Wildlife Service that also helped my staff in putting this 
together.
  As said, the McKinley Fish Hatchery is 422 acres located in south 
central North Carolina, near Hoffman, North Carolina. It consists of 23 
ponds with the main lake being McKinley. The water resources there 
cover 18 acres. This effort was first started in the mid-1990s; but due 
to structural problems on the dam of McKinley Lake itself, the 
conveyance was unable to be completed.
  And as also mentioned, there's been a series of MOAs between the U.S. 
Fish and Wildlife Service and the North Carolina Wildlife Commission.

                              {time}  1630

  In the meantime, those structural problems have been satisfied. 
They're no longer an issue, and we're ready to proceed with this. There 
has been bipartisan support, with 10 of our colleagues in North 
Carolina cosponsoring this bill, and both Senators from North Carolina 
have signed off on similar legislation in the Senate.
  The prime purpose and use of the fish hatchery now is in the 
community fishing program that's sponsored by the North Carolina 
Wildlife Resources Commission taking fingerling-size channel catfish 
that are grown here in the hatchery throughout North Carolina to ponds 
and lakes in communities and allowing people from North Carolina who 
may not have access otherwise to come in and enjoy the pleasures of 
fishing. I'm especially proud of the efforts that are made for those 
that might have trouble with a handicap. It allows them access to 
fishing. And there are also programs designed to get our children 
involved and to grow up knowing the pleasures of fishing.
  Once again, this is a win-win situation for all involved. I encourage 
my colleagues to vote ``yes'' and to make this conveyance complete.
   Mr. Speaker, I would like to thank the Chairman, Ranking Member, and 
the Majority, and Minority Staff of the Natural Resources Committee for 
helping bring this bill to the floor today. I rise in support of H.R. 
1160 the ``McKinney Lake National Fish Hatchery Conveyance Act,'' a 
bill I have introduced in both the 111th and 112th Congress.
  Located in Hoffman, North Carolina the McKinney Lake Fish Hatchery is 
a warm water hatchery, and contains 23 ponds covering more than 18 
acres of water. This primary use of the hatchery is growing fingerling-
sized (3-4 inches) channel catfish to harvestable size (8-12 inches) 
for the N.C. Wildlife Resources Commission's Community Fishing Program.
  The Commission's Community Fishing Program provides angling 
opportunities to thousands of citizens, including children and disabled 
individuals, throughout the year. These Community Fishing Program sites 
are intensively managed bodies of water that receive monthly stockings 
of catchable-sized channel catfish from April-September. The McKinney 
Lake hatchery in conjunction with the Watha State Fish Hatchery near 
Wilmington provides the channel catfish for these monthly stockings. 
Many of these Community Fishing Program sites feature handicap-
accessible fishing piers and solar-powered fish feeders helping to 
provide an enjoyable angling experience for citizens of all ages.
  The ``McKinney Lake National Fish Hatchery Conveyance Act,'' while 
first introduced in the 111th Congress as H.R. 6115 and this congress 
as H.R. 1160 actually has its beginnings in 1995. At that time the U.S. 
Fish and Wildlife Service offered to transfer ownership and operation 
of this hatchery to the NC Wildlife Resources Commission to help meet 
the state's fisheries management objectives. However, due to the 
structural deficiencies of the lake's dam, the transfer was never 
completed. Since then, the dam issues have been corrected, and the NC 
Wildlife Resources Commission has had full management of the hatchery 
under a memorandum of agreement, MOA, with the U.S. Fish and Wildlife 
Service, USFWS. The State of North Carolina and the USFWS have entered 
into 5 subsequent MOA's since 1995, with the most current being signed 
on November 10, 2009 and continuing until September 30, 2012.
  H.R. 1160 was drafted by my staff with the cooperation, and 
consultation, of both the North Carolina Wildlife Resources Commission 
and the USFWS. The product of this cooperation is a bill that has 
garnered the support of 9 bi-partisan original co-sponsors from the 
North Carolina House delegation, as well as companion legislation (S. 
651) in the Senate. The Senate version is co-sponsored by both North 
Carolina Senators.
  In conclusion, H.R. 1160 would complete a land conveyance that by all 
accounts should have occurred in the late 1990's. In addition the state 
of North Carolina would be able to continue producing catfish for the 
popular and important Community Fishing Program, on land and facilities 
that they would have ownership of. The State ownership of this land

[[Page H6994]]

would incentivize them to make long term improvements and investments 
in the property, keeping it a viable fish hatchery. I appreciate the 
opportunity to stand in support of H.R. 1160 today, and would urge my 
colleagues to support the passage of this legislation.
  Mrs. NAPOLITANO. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. 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 Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 1160, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. YOUNG of Alaska. Mr. 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, further 
proceedings on this question will be postponed.

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