[House Report 104-34]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-34
_______________________________________________________________________


 
             CORNING NATIONAL FISH HATCHERY CONVEYANCE ACT

                                _______


 February 15, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 535]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 535) to direct the Secretary of the Interior to convey 
the Corning National Fish Hatchery to the State of Arkansas, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment (stated in terms of the page and line number 
of the introduced bill) is as follows:
    Page 2, line 16, strike subsection (c) and insert the 
following:

          (c) Use and Reversionary Interest.--The property 
        conveyed to the State of Arkansas pursuant to this 
        section shall be used by the State for purposes of 
        fishery resources management, and if it is used for any 
        other purposes all right, title, and interest in an to 
        all property conveyed pursuant to this section shall 
        revert to the United States. The State of Arkansas 
        shall ensure that the property reverting to the United 
        States is in substantially the same or better condition 
        as at the time of transfer.

                          purpose of the bill

    The purpose of H.R. 535 is to direct the Secretary of the 
Interior to convey the Corning National Fish Hatchery to the 
State of Arkansas.

                  background and need for legislation

    As introduced, H.R. 535 directs the Secretary of the 
Interior to convey to the State of Arkansas, without 
reimbursement and by 180 days after enactment, all right, 
title, and interest of the United States in the Federal fish 
hatchery in Corning, Arkansas.
    The Corning National Fish Hacthery was operated by the U.S. 
Fish and Wildlife Service (USFWS) serving private farm pond and 
State stocking programs until early 1983, when it was closed as 
a result of Federal budget cuts. In May 1983, the Arkansas Game 
and Fish Commission, pursuant to an agreement with the USFWS, 
assumed responsibility for operating the hatchery to ensure 
that State stocking programs would continue in the future. 
Currently, no Federal funds are used to operate or maintain the 
hatchery. It is financed solely by funds derived from resident 
and nonresident fishery license sales.
    This fish hatchery has become an important component of the 
Arkansas fish culture program. It is a warm water facility that 
produces between 250,000 to 1,000,000 fish each year. About 95 
percent of these hatchery-reared fish are stocked in new or 
renovated public lakes, providing recreational opportunities 
for thousands of people. The remaining fish are allocated to 
private applicants for stocking new renovated lakes and ponds. 
The principal fish produced at the hatchery are largemouth 
bass, bluegill, sunfish, white and black crappie, and channel 
catfish.
    The State is now interested in making capital improvements 
to the facility and long-term plans for its use, but is 
hesitant to do so without title to the property. H.R. 535 would 
transfer ownership of the hatchery and the immediate property 
(130 acres) and buildings to the State of Arkansas. Ownership 
would revert back to the United States should the State decide 
in the future that it is no longer interested in operating the 
facility as part of its fishery resources management program.

                            committee action

    H.R. 535 was introduced by Congresswoman Blanche Lambert 
Lincoln on January 17, 1995. It was referred to the Committee 
on Resources, and subsequently referred to the Subcommittee on 
Fisheries, Wildlife and Oceans.
    On January 25, 1995, the Subcommittee on Fisheries, 
Wildlife and Oceans held an oversight hearing on H.R. 535. Mr. 
Gary Edwards, Assistant Director for Fisheries, USFWS, 
testified for the Administration.
    Mr. Edwards noted in his testimony that the Administration 
agreed with the intent of the legislation and that ``the U.S. 
Fish and Wildlife Service has generally supported the transfer 
of Service fishery facilities to the States when those 
facilities no longer support Federal fishery programs''. Mr. 
Edwards also suggested in his testimony that the reversionary 
clause language in H.R. 535 be modified to make it consistent 
with other hatchery transfer bills.
    On February 1, 1995, the Subcommittee on Fisheries, 
Wildlife and Oceans met to consider H.R. 535. Mr. Saxton 
offered an amendment to the reversionary clause language which 
broadens the purposes for which this hatchery facility can be 
used by the State, as recommended by the Administration. The 
amendment was approved by voice vote. Mr. Miller of California 
also offered an amendment requiring that the State of Arkansas 
pay the Federal Government the fair market value of the Corning 
facility at the time of the transfer. This amendment was 
rejected by voice vote. The bill, as amended, was then approved 
by voice vote, with the presence of a quorum, and ordered 
reported to the Full Committee.
    On February 8, 1995, the Full Committee met to consider 
H.R. 535. There were no further amendments to the bill. The 
bill, as amended by the Subcommittee, was approved by voice 
vote, with a quorum present, and ordered reported to the House 
of Representatives.

                      section-by-section analysis

    Section 1 states that the bill may be cited as the 
``Corning National Fish Hatchery Conveyance Act''.
    Section 2(a) directs the Secretary of the Interior to 
convey to the State of Arkansas, without reimbursement, all 
right, title, and interest of the United States in and to the 
property known as the Corning National Fish Hatchery in 
Corning, Arkansas. The conveyance shall include the hatchery, 
all immediate property, all improvements, and related personal 
property under the control of the Secretary that is located on 
the property, including buildings, structures, and equipment.
    Section 2(c) mandates that all property and interest 
conveyed shall revert to the United States if the State of 
Arkansas decides to no longer use the property for fisheries 
resources management and requires the State to ensure that the 
property is in substantially the same or better conditions as 
at the time of transfer.

            committee oversight findings and recommendations

    Pursuant to clause 2(l)(3) of rule XI of the Rules of the 
House of Representatives and clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, the Committee's 
oversight findings and recommendations are reflected in the 
body of this report.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 535 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        cost of the legislation

    Clause 7 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 
H.R. 535. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.

                     compliance with house rule xi

    1. With respect to the requirements of clause 2(l)(3)(A) of 
rule XI of the Rules of the House of Representatives, the 
Subcommittee on Fisheries, Wildlife and Oceans held hearings on 
January 25, 1995, to transfer the Corning National Fish 
Hatchery to the State of Arkansas and the oversight findings 
and recommendations of the Committee are reflected in this 
report.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 535.
    3. With resect to the requirement of clause 2(l)(3)(C) of 
rule XI 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 H.R. 535 
from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 10, 1995.
Hon. Don Young,
Chairman, Committee on Resources, House of Representatives, Washington, 
        DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 535, the Corning National Fish Hatchery 
Conveyance Act, as ordered reported by the House Committee on 
Resources on February 8, 1995.
    H.R. 535 would direct the Secretary of the Interior to 
convey the Corning National Fish Hatchery, without 
reimbursement, to the state of Arkansas. Because the state is 
already responsible for operating the Corning facility, we 
expect that implementing this bill would have no impact on the 
federal budget or on the budgets of state or local governments. 
Moreover, the bill would have no effect on direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.
            Sincerely,
                                    Robert D. Reischauer, Director.

                        changes in existing law

    If enacted, H.R. 535 would make no changes in existing law.

                          departmental reports

    The Committee has received no departmental reports on H.R. 
535.