[Senate Report 104-132]
[From the U.S. Government Publishing Office]
Calendar No. 176
104th Congress Report
SENATE
1st Session 104-132
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CONVEYANCE OF THE NEW LONDON NATIONAL FISH HATCHERY TO THE STATE OF
MINNESOTA
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August 7 (legislative day, July 10), 1995.--Ordered to be printed
_______________________________________________________________________
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany H.R. 614]
The Committee on Environment and Public Works, to which was
referred the bill (H.R. 614) to direct the Secretary of the
Interior to convey the New London National Fish Hatchery to the
State of Minnesota, 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 New London National Fish Hatchery
to the State of Minnesota.
background
H.R. 614 directs the Secretary of the Interior to convey to
the State of Minnesota, without reimbursement and by 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 Hatchery was operated by the Fish and
Wildlife Service (FWS) to produce fish, principally walleye and
muskie, for landowners and State stocking programs until 1983,
when it was closed due to Federal budget constraints.
The Minnesota Department of Natural Resources, under an
Memorandum of 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 in support of State fishery management
goals. 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
Minnesota Department of Natural Resources support conveyance of
the New London 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 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. The conveyance shall
include the hatchery, all easements and water rights relating
to the property, and all land, improvements, and related
personal property.
Section 1(b) requires that all property and interest
conveyed will be used by the Minnesota Department of Natural
Resources 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 uses the property for any purpose other than for
fisheries resources management. The State must ensure that the
property reverting to the United States is in substantially the
same or better condition as at the time of transfer.
hearings
The Committee held no hearings on H.R. 614. The views of
the Department of the Interior on H.R. 614 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. 614, an act 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 Senate Committee on Environment and Public Works on
August 2, 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 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.
614, 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.