[Senate Report 104-131]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 175
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-131
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 CONVEYANCE OF THE FAIRPORT NATIONAL FISH HATCHERY TO THE STATE OF IOWA

                                _______


   August 7 (legislative day, July 10), 1995.--Ordered to be printed

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    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 584]
    The Committee on Environment and Public Works, to which was 
referred the bill (H.R. 584) to direct the Secretary of the 
Interior to convey the Fairport National Fish Hatchery to the 
State of Iowa, having considered the same, reports favorably 
thereon and recommends that the bill do pass.

                           General Statement

    The purpose of this legislation is to direct the Secretary 
of the Interior to convey the Fairport National Fish Hatchery 
to the State of Iowa.

                               Background

    H.R. 584 directs the Secretary of the Interior to convey to 
the State of Iowa, without reimbursement and by 180 days after 
enactment, all right, title, and interest of the United States 
in the Federal fish hatchery in Fairport, Iowa.
    The Fairport Hatchery is a warm water facility that 
produces mainly largemouth bass, bluegill, white amur and 
channel catfish. Obtained by the Federal Government by 
donation, the hatchery was established to foster biological 
research and assist in freshwater mussel propagation in 1908. 
In 1929, it became a fish hatchery that produced fish for 
private farm ponds for use in State stocking programs.
    The hatchery was operated by the Fish and Wildlife Service 
(FWS) until 1973, when it was closed due to Federal budget 
constraints. The Iowa Department of Natural Resources, under an 
agreement with the FWS, subsequently assumed responsibility for 
operating the hatchery to continue providing services to State 
programs.
    Currently, no Federal funds are used to operate or maintain 
the hatchery. The hatchery is State-financed and operated for 
the production of fish for State fishery management programs. 
The State agency is interested in making long-term capital 
improvements to the hatchery, but is hesitant to do so without 
title to the property. Transfer of this facility will assist 
the State in better managing its fishery resources.
    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. Both the Department of the Interior and the 
Iowa Department of Natural Resources support conveyance of the 
Fairport facility.

                      Section-by-Section Analysis

    Section 1(a) provides that within 180 days of enactment of 
this Act, the Secretary of the Interior shall convey to the 
State of Iowa, without reimbursement, all right, title, and 
interest of the United States in and to the property known as 
the Fairport National Fish Hatchery for the purpose of fishery 
resource management.
    Section 1(b) states that the fish hatchery is located in 
Muscatine County, Iowa, adjacent to State Highway 22 west of 
Davenport, Iowa, and includes all real property, improvements 
to real property, and personal property.
    Section 1(c) mandates that all property and interest 
conveyed shall revert to the United States if the State of Iowa 
uses the property for any purpose other than for its fisheries 
resources management.

                                Hearings

    The Committee held no hearings on H.R. 584. The views of 
the Department of the Interior on H.R. 584 follow:

                           Office of the Secretary,
                           U.S. Department of the Interior,
                                    Washington, DC, August 3, 1995.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.

    Dear Senator Chafee: This responds to your request for the 
views of this Department with respect to three bills to 
transfer certain Federal fish hatcheries to the States of 
Arkansas, Iowa, and Minnesota. The bills are H.R. 535, to 
convey the Corning National Fish Hatchery to the State of 
Arkansas; H.R. 584, to convey the Fairport National Fish 
Hatchery to the State of Iowa; and H.R. 614, to convey the New 
London National Fish Hatchery to the State of Minnesota.
    We recommend that the bills be enacted.
    The U.S. Fish and Wildlife Service (Service) generally 
supports the transfer of Service fishery facilities to the 
States when those facilities no longer support Federal fishery 
programs. That is the case here.
    These three hatcheries are currently being operated by the 
States of Arkansas, Iowa, and Minnesota, respectively, under 
long-term Memoranda of Understanding, for the production of 
fish that support State fishery management programs.
    The Service and the States mutually agree that all parties 
will benefit from the conveyance of ownership of these 
facilities. This will allow that States increased flexibility 
to address the future needs of their fishery programs and to 
make capital improvements to the production components of the 
facilities.
    These bills will result in a cooperative effort and will 
assist the States in better managing their fishery resources. 
We therefore urge their enactment. We note that the 
reversionary clause in H.R. 584 lacks the language in the other 
two bills to ensure that any property which reverts to the 
United States is in the same or better condition as when it was 
conveyed. We recommend the bills be made consistent in this 
respect, and that all bills contain the same assurance.
    The Office of Management and Budget has advised that it has 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                        George T. Frampton,
               Assistant Secretary for Fish and Wildlife and Parks.

                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report.
    No rollcall votes were taken. The bill was ordered reported 
by voice vote.

                           Regulatory Impact

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact of the bill.
    The bill does not create any additional regulatory burdens.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 3, 1995.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 584, an act to direct the Secretary of the 
Interior to convey a fish hatchery to the State of Iowa, as 
ordered reported by the Senate Committee on Environment and 
Public Works on August 2, 1995.
    H.R. 584 would direct the Secretary of the Interior to 
convey the Fairport National Fish Hatchery, without 
reimbursement, to the State of Iowa. Because the State is 
already responsible for operating the Fairport facility, we 
expect that implementing this Act would have no impact on the 
Federal budget or on the budgets of State or local governments. 
Moreover, the act would have no effect on direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    On February 10, 1995, CBO prepared a cost estimate for H.R. 
584, as ordered reported by the House Committee on Resources on 
February 8, 1995. The two estimates are identical.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires publication of any changes in existing law made by the 
reported bill. This bill does not change existing law.