[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.