[House Report 104-568]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-568
_______________________________________________________________________
CARBON HILL NATIONAL FISH HATCHERY CONVEYANCE ACT
_______
May 8, 1996.--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. 2982]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2982) to direct the Secretary of the Interior to convey
the Carbon Hill National Fish Hatchery to the State of Alabama,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
purpose of the bill
The purpose of H.R. 2982 is to direct the Secretary of the
Interior to convey the Carbon Hill National Fish Hatchery to
the State of Alabama.
background and need for legislation
The Carbon Hill National Fish Hatchery is located in Walker
County inside the city limits of Carbon Hill, Alabama. It is
located 60 miles west of Birmingham, Alabama, and 180 miles
east of Memphis, Tennessee.
In 1938, Congress established the site as a hatchery for
largemouth bass, bluegill, crappie, and red-ear sunfish for
stocking ponds in 24 counties in northwest Alabama and three
counties in east central Mississippi.
Over the years the function of the hatchery has changed. In
1965, the Alabama Conservation Department assumed
responsibility over the farm ponds in the State and started
stocking them with fish reared at Carbon Hill. The hatchery
also provided fish to 68 counties in the central and eastern
parts of the State of Tennessee.
Today, the hatchery's production is split between rearing
walleye for the Tennessee Valley Authority's Cherokee Reservoir
and striped bass for the major river systems along the Gulf
Coast. In addition, the hatchery has been successful in raising
bluegills, channel catfish, and paddlefish.
The hatchery consists of an office/aquarium complex, a feed
storage building, a three-stall garage, an equipment storage
building, a holding house, two residencies, and 14 production
ponds with a total surface area of 18 acres of water. The total
land area is 67 acres, which leaves some room for expansion in
the future.
For the past two fiscal years, the Clinton Administration
has recommended that title to the Carbon Hill National Fish
Hatchery and its stocking programs be transferred to the State
of Alabama. This facility, which will cost the Federal
Government $159,000 to operate in Fiscal Year 1996, is no
longer essential to the Federal fish stocking program. In fact,
the Carbon Hill National Fish Hatchery is currently being
operated by the State of Alabama under a long-term Memorandum
of Agreement with the U.S. Fish and Wildlife Service.
committee action
H.R. 2982 was introduced on February 28, 1996, by
Congressman Tom Bevill. The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Fisheries, Wildlife and Oceans.
On March 27, 1996, the Subcommittee held a hearing on H.R.
2982. Testifying in support of the bill were Congressman Tom
Bevill and Dr. Robert Streeter, Assistant Director for Refuges
and Wildlife, U.S. Fish and Wildlife Service. In his testimony,
Dr. Robert Streeter said that ``the Service and the State of
Alabama mutually agree that all parties will benefit from the
conveyance of ownership of the hatchery to the State of
Alabama. This conveyance will allow the State increased
flexibility to address future needs of their fishery programs
and to make capital improvements to the production components
of the facility''.
On April 18, 1996, the Subcommittee on Fisheries, Wildlife
and Oceans met to markup H.R. 2982 and ordered it reported
favorably, without amendment, to the Full Committee on
Resources by voice vote.
On April 25, 1996, the Committee on Resources met to
consider H.R. 2982. There were no amendments and the Committee
ordered the bill reported to the House of Representatives by
voice vote, in the presence of a quorum.
section-by-section analysis
Section 1--Short title
The bill may be cited as the ``Carbon Hill National Fish
Hatchery Conveyance Act''.
Section 2--Conveyance of Carbon Hill National Fish Hatchery to the
State of Alabama
Section 2(a) directs the Secretary of the Interior to
convey to the State of Alabama, within 180 days and without
reimbursement, the Carbon Hill National Fish Hatchery for use
by the Game and Fish Division of the Alabama Department of
Conservation and Natural Resources.
Section 2(b) states that the fish hatchery is located in
Walker County, Alabama, consisting of 67 acres and includes
buildings, structures, equipment, and all easements, leases,
and water rights relating to that property.
Section 2(c) mandates that the property shall revert to the
United States if the State of Alabama decides to no longer use
the property for fishery resources management and fisheries-
related activities and requires the State to ensure that the
property is in substantially the same or better condition at
the time of transfer.
committee oversight findings and recommendations
With respect to the requirements of 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 Subcommittee on Fisheries, Wildlife and Oceans of the
Committee on Resources held a hearing on H.R. 2982 on March 27,
1996, and 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. 2982 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
COST OF THE LEGISLATION
Clause 7(a) 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. 2982. 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.
2982 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. 2982.
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.
2982 from the Director of the Congressional Budget Office.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 7, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 2982, the Carbon Hill National Fish Hatchery
Conveyance Act, as ordered reported by the House Committee on
Resources on April 25, 1996.
H.R. 2982 would direct the Secretary of the Interior to
convey the Carbon Hill National Fish Hatchery, without
reimbursement, to the state of Alabama. Because the state is
already responsible for operating the Carbon Hill facility, we
expect that implementing this bill would have no impact on the
federal budget. The bill would have no effect on direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply.
H.R. 2982 contains no intergovernmental or private sector
mandates as defined in Public Law 104-4 and would impose no
direct costs on state, local, or tribal governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis, and for the state and local impact, Marjorie Miller.
Sincerely,
June E. O'Neill, Director.
COMPLIANCE WITH PUBLIC LAW 104-4
H.R. 2982 contains no unfunded mandates.
CHANGES IN EXISTING LAW
If enacted, H.R. 2982 would make no changes in existing
law.
DEPARTMENTAL REPORTS
The Committee received a favorable report on H.R. 2982 from
the Department of the Interior on April 24, 1996. No other
reports have been received on H.R. 2982.
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC, April 24, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This responds to your request for the
views of this Department with respect to a bill, H.R. 2982, a
bill ``To direct the Secretary of the Interior to convey the
Carbon Hill National Fish Hatchery to the State of Alabama.''
The Department recommends that the bill be enacted.
The Fish and Wildlife Service generally supports the
transfer of Service fishery facilities to States when those
facilities no longer support Federal fishery programs. That is
the case for the Carbon Hill National Fish Hatchery. Carbon
Hill National Fish Hatchery is currently being operated by the
State of Alabama under a long-term Memorandum of Agreement with
the Service that supports the production of fish for State
fishery management programs.
The Service and the State of Alabama mutually agree that
all parties will benefit from the conveyance of ownership of
the hatchery to the State of Alabama. This conveyance will
allow the State increased flexibility to address future needs
of their fishery program and to make capital improvements to
the production components of the facility.
H.R. 2982 will assist the State in better managing their
fishery resources. We, therefore, recommend that the bill be
enacted.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Robert P. Davison,
Deputy Assistant Secretary.