[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.