[House Report 104-36]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-36
_______________________________________________________________________
CONVEYANCE OF NEW LONDON NATIONAL FISH HATCHERY PRODUCTION FACILITY
_______
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. 614]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 614) to direct the Secretary of the Interior to convey to
the State of Minnesota the New London National Fish Hatchery
production facility, 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 11, strike subsection (c) and insert the
following:
(c) Use and Reversionary Interest.--The property
conveyed to the State of Minnesota pursuant to this
section shall be used by the State for purposes of
fishery resources management, and if it is used for any
other purpose all right, title, and interest in and to
all property conveyed pursuant to this section shall
revert to the United States. The State of Minnesota
shall ensure that the property reverting to the United
States is in substantial the same or better condition
as at the time of transfer.
purpose of the bill
The purpose of H.R. 614 is to direct the Secretary of the
Interior to convey the New London National Fish Hatchery to the
State of Minnesota.
background and need for legislation
As introduced, H.R. 614 directs the Secretary of the
Interior to convey to the State of Minnesota, without
reimbursement and within 180 days after enactment, all right,
title, and interest of the United States in the Federal fish
hatchery in New London, Minnesota.
The New London National Fish Hatchery was operated by the
Federal Government until 1983 for the purpose of producing fish
for landowners and State stocking programs. When the Federal
Government decided to discontinue operations at the New London
facility in 1983, the State assumed operations to ensure that
the State stocking program would continue in the future. Since
that time, the Minnesota Department of Natural Resources has
been producing gamefish at the facility under a Memorandum of
Agreement with the U.S. Fish and Wildlife Service (USFWS). The
hatchery plans an important role in the State's walleye and
muskie stocking program.
Under the terms of the agreement, the State of Minnesota
assumed responsibility for all operational costs, maintenance,
and liability. Since 1983, the State has spent nearly $800,000
on operations, maintenance, and improvements to the New London
National Fish Hatchery. These costs are summarized below:
NEW LONDON FISH HATCHERY COSTS 1984-94
----------------------------------------------------------------------------------------------------------------
Operations Maintenance Improvements
Year ------------------------------------------------------------ Total
Salary Disc Salary Disc Salary Disc
----------------------------------------------------------------------------------------------------------------
1984-85................................... $25,900 $12,700 $4,600 $3,600 ........ ........ $46,800
1985-86................................... 26,700 12,900 4,800 4,100 ........ ........ 48,500
1986-87................................... 29,700 13,900 5,300 4,900 ........ ........ 53,800
1987-88................................... 32,000 15,100 5,500 5,100 ........ ........ 57,700
1988-89................................... 32,800 15,800 5,800 5,000 ........ ........ 59,400
1989-90................................... 38,200 7,000 23,600 14,400 $10,120 $11,400 112,020
1990-91................................... 57,000 32,700 10,400 8,900 ........ ........ 109,000
1991-92................................... 54,800 29,200 13,600 7,700 ........ ........ 105,300
1992-93................................... 73,000 16,000 10,700 7,500 ........ ........ 107,200
1993-94................................... 67,100 17,000 10,200 5,700 ........ ........ 100,000
---------------------------------------------------------------------
Total............................... 437,200 172,300 94,500 66,900 10,120 11,400 779,720
----------------------------------------------------------------------------------------------------------------
While the State of Minnesota now has a strong interest in
making a number of long-term capital improvements, without
ownership, they are unable to do so. H.R. 614 would transfer
ownership of the hatchery and the immediate property and
buildings to the State of Minnesota. Ownership would revert 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.
The bill is supported by both the State of Minnesota and
USFWS.
committee action
H.R. 614 was introduced by Congressman David Minge on
January 20, 1995. The bill was referred to the Committee on
Resources, and subsequently to the Subcommittee on Fisheries,
Wildlife and Oceans.
On January 25, 1995, the Subcommittee on Fisheries,
Wildlife and Oceans held an oversight hearing on several bills
to transfer certain Federal fish hatcheries to the States.
While H.R. 614 was not originally part of the Subcommittee's
deliberations, this proposal fits the criteria described in the
testimony of Mr. Gary Edwards, Assistant Director for
Fisheries, United States Fish and Wildlife Service. Mr. Edwards
noted in his statement 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'' [emphasis ours].
Furthermore, the Subcommittee was provided with a copy of a
letter written by Mr. Sam Marler, a Regional Director of USFWS.
In his letter, Mr. Marler stated that ``the U.S. Fish and
Wildlife Service supports the proposed legislation to convey
the New London National Fish Hatchery to the State of
Minnesota. The State has been very cooperative by providing
walleye eggs and a small number of walleye fingerlings to meet
high priority Federal program needs. We expect that this type
of cooperative activity will continue.''
On February 1, 1995, the Subcommittee on Fisheries,
Wildlife and Oceans met to consider H.R. 614. Mr. Saxton of New
Jersey offered an amendment to the reversionary clause language
to broaden the purpose for which this hatchery can be utilized
by the State in the future. The amendment was adopted by voice
vote.
Mr. Miller of California also offered an amendment to H.R.
614 that would require the State of Minnesota to pay the
Federal Government the fair market value of the New London
facility at the time of transfer. This amendment was rejected
by voice vote. The bill, was amended, was then approved by
voice vote, in the presence of a quorum, and ordered reported
to the Full Committee.
On February 8, 1995, the Full Committee met to consider
H.R. 614. There were no further amendments to the bill. The
bill, as amended by the Subcommittee, was approved by voice
vote with a quorum of Members present and ordered reported to
the House of Representatives.
section-by-section analysis
Section 1(a) directs the Secretary of the Interior to
convey to the State of Minnesota, without reimbursement, all
right, title, and interest of the United States in and to the
property known as the New London National Fish Hatchery in New
London, Minnesota. The conveyance shall include the hatchery,
all easements and water rights related to the property, and all
land, improvements and related personal property.
Section 1(b) requires that all property and interest
conveyed will be used for the Minnesota fishery resources
management program.
Section 1(c) mandates that all property and interest
conveyed shall revert to the United States if the State of
Minnesota decides to no longer use the property for fishery
resource management and requires the State to ensure that the
property is in substantially the same or better condition 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 Rates of the
House of Representatives, the Committee estimates that the
enactment of H.R. 614 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. 614. 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 requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
614 does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
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. 614.
3. With respect 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. 614
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. 614, a bill to direct the Secretary of the
Interior to convey to the state of Minnesota the New London
National Fish Hatchery production facility, as ordered reported
by the House Committee on Resources February 8, 1995.
H.R. 614 would direct the Secretary of the Interior to
convey the new London National Fish Hatchery without
reimbursement, to the state of Minnesota. Because the state is
already responsible for operating the New London 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. 614 would make no changes in existing law.
departmental reports
The Committee has received no departmental reports on H.R.
614.