[Senate Report 105-263]
[From the U.S. Government Publishing Office]
Calendar No. 493
105th Congress Report
SENATE
2d Session 105-263
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CONVEYANCE OF THE MARION NATIONAL FISH HATCHERY TO THE STATE OF ALABAMA
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July 24, 1998.--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 S. 1883]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1883) to direct the Secretary of the
Interior to convey the Marion National Fish Hatchery and the
Claude Harris National Aquacultural Research Center to the
State of Alabama, and for other purposes, having considered the
same, reports favorably thereon with amendments, and recommends
that the bill, as amended, do pass.
General Statement
The Marion National Fish Hatchery (NFH) is located in Perry
County, Alabama, on the outskirts of Marion. In 1934, Congress
established the site as a national fish hatchery. The original
hatchery property consisted of approximately 600 acres of land,
and was operated as a Federal fish production facility. Since
1974, about 300 acres of the Marion NFH has been operated by
the Alabama Game and Fish Division, pursuant to a cooperative
agreement with the U.S. Fish and Wildlife Service (the
Service), which terminates on Sept. 30, 2033. The remaining 298
acres were converted into the Federal Southeastern Fish Culture
Laboratory, subsequently renamed the Claude Harris National
Aquacultural Research Center.
The Marion NFH is operated by the Alabama Game and Fish
Division. During the past 24 years, the Game and Fish Division
has undertaken numerous capital improvements at the Marion NFH,
expending more than $2 million. These improvements include
construction and renovation of fish culture ponds, construction
of a new striped bass hatchery laboratory, a new fish holding
house, a new warehouse and equipment storage building, and two
chemical and equipment storage buildings. The property consists
of 100 culture ponds with a total impounded surface area of
more than 66 acres. In 1994, the property was valued at
$465,000, and structures have been assessed at $1,062,000,
according to the Realty Division of the U.S. Fish and Wildlife
Service.
The Marion NFH supports the production of warmwater fish,
such as channel catfish, bluegill, and largemouth bass. In the
current fiscal year, the hatchery produced 345,000 bluegill,
86,860 channel catfish, 499,000 hybrid striped bass, 120,000
largemouth bass, and 377,000 striped bass. These fish are
stocked in over 500,000 acres of public waters in the State of
Alabama, and provide numerous recreational sport fish
opportunities.
A cooperative agreement with the U.S. Fish and Wildlife
Service and state fisheries management agencies in Alabama,
Georgia and Florida seeks to restore the region's native race
of striped bass, known as the Gulf striped bass, to its former
range. The Marion NFH has contributed to these efforts by
providing 1,250,000 Gulf striped bass fry and 188,000
fingerlings in 1997 for Federal and State programs in the
region. In 1997, the Marion NFH was designated as the lead
facility for the culture and propagation of the Alabama
shovelnose sturgeon, a species that is a candidate for listing
under the Endangered Species Act.
The Claude Harris National Aquacultural Research Center was
closed in 1995, but in 1997, the use of of the facilities at
the Research Center was transferred to the Alabama Game and
Fish Division, through a memorandum of agreement with the
Service. The Game and Fish Division is currently using a
portion of the pond space there to support State fish
production programs of the Marion NFH, and plans to repair the
pond facilities for long-term use. The Alabama Agriculture
Experiment Station, a research institute affiliated with both
the Game and Fish Division and Auburn University, has expressed
an interest in operating in the Research Center.
Objectives of the Legislation
The purpose of this legislation is to direct the Secretary
of the Interior to convey the Marion National Fish Hatchery and
the Claude Harris National Aquacultural Research Center to the
State of Alabama.
Section-By-Section Analysis
Section 1. Short title
Section 1 provides that the title of the Act is the
``Marion National Fish Hatchery and Claude Harris National
Aquacultural Research Center Conveyance Act''.
Section 2. Conveyance of Marion National Fish Hatchery and Claude
Harris National Aquacultural Research Center to the State of
Alabama
Section 2(a) provides that within 180 days of enactment of
this Act, the Secretary of the Interior shall convey to the
State of Alabama, without reimbursement, all right, title, and
interest of the United States in and to the portion of the
Marion NFH leased to the Game and Fish Division and the Claude
Harris National Aquacultural Research Center. The properties
shall be used by the Game and Fish Division of the Alabama
Department of Conservation and Natural Resources as part of the
fish culture program of the State of Alabama. As a condition of
the conveyance, the Game and Fish Division shall offer to lease
the Research Center to the Alabama Agriculture Experiment
Station, at no cost to the Station or the Game and Fish
Division, and for the period requested by the Station and
provided by Alabama law.
Section 2(b) describes both the Marion NFH and Research
Center as being located 7 miles northeast of Marion, Alabama,
on State Highway 175, each consisting of approximately 300 and
298 acres of land, respectively, and including all buildings,
structures, equipment, as well as all easements, leases, and
water and timber rights relating to the properties. Amendment
No. 2, referenced in section 2(b)(1)(A), was entered into on
September 1, 1983 between the Service and the Alabama Game and
Fish Division. The document entitled ``EXHIBIT A,'' referenced
in section 2(b)(1)(B), is attached to a cooperative agreement
among the National Biological Service, the Service, and the
Alabama Game and Fish Division, providing for the management of
the Research Center, signed on September 25, 1996 by both
Services, and on September 18, 1996 by the Division.
Section 2(c) mandates that the properties revert to the
United States if used for any purpose other than as part of the
State's fish culture program. Also, in the case of a reversion,
the properties shall be returned to the United States by the
State of Alabama in substantially the same condition as, or in
better condition than, at the time of conveyance.
Legislative History
S. 1883 was introduced by Senator Shelby, for himself and
Senator Sessions, on March 31, 1998. A similar bill, H.R. 608,
was introduced by Congressman Hilliard on February 5, 1997. No
hearings were held on the bill. The committee met on July 22,
1998, to consider the bill. An amendment was offered by Senator
Chafee and adopted by voice vote. The bill was ordered
reported, as amended, 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.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that this bill would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments. All of its governmental
directives are imposed on Federal agencies. The bill does not
impose any private sector mandates.
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, July 23, 1998.
Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1883, the Marion
National Fish Hatchery and Claude Harris Naitonal Aquaculture
Research Center Conveyance Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis,
who can be reached at 226-2860.
Sincerely,
June E. O'Neill,
Director.
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Congressional Budget Office Cost Estimate
S. 1883; Marion National Fish Hatchery and Claude Harris
National Aquacultural Research Center Conveyance Act, as
ordered reported by the Senate Committee on Environment and
Public Works on July 22, 1998.
CBO estimates that enacting S. 1883 would have no impact on
the Federal budget. The bill would not affect direct spending
or receipts; therefore, pay-as-you-go procedures would not
apply. S. 1883 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
S. 1883 would direct the Secretary of the Interior to
convey to the state of Alabama the Marion National Fish
Hatchery and the Claude Harris National Aquacultural Research
Center, without reimbursement. Because these facilities are
already operated by the state or by other nonfederal entities
(at their expense), CBO expects that implementing S. 1883 would
have no impact on the federal budget.
The CBO staff contact is Deborah Reis, who can be reached
at 226-2860. This estimate was approved by Paul N. Van de
Water, Assistant Director for Budget Analysis.
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.