[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

                                _______


   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.