[House Report 109-612]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-612

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                TYLERSVILLE FISH HATCHERY CONVEYANCE ACT

                                _______
                                

 July 28, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4957]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4957) to direct the Secretary of the Interior to convey 
the Tylersville division of the Lamar National Fish Hatchery 
and Fish Technology Center to the State of Pennsylvania, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Tylersville Fish Hatchery Conveyance 
Act''.

SEC. 2. CONVEYANCE OF TYLERSVILLE NATIONAL FISH HATCHERY TO THE STATE 
                    OF PENNSYLVANIA.

  (a) Conveyance Requirement.--Within 180 days after the date of the 
enactment of this Act, the Secretary of the Interior shall convey to 
the State of Pennsylvania without reimbursement all right, title, and 
interest of the United States in and to the property described in 
subsection (b) for use by the Pennsylvania Fish and Boat Commission as 
part of the State of Pennsylvania fish culture program.
  (b) Property Described.--The property referred to in subsection (a) 
consists of--
          (1) the Tylersville division of the Lamar National Fish 
        Hatchery and Fish Technology Center comprised of approximately 
        40 acres leased to the State of Pennsylvania Fish and Boat 
        Commission, located on 43 Hatchery Lane in Loganton, 
        Pennsylvania, as described in the 1984 Cooperative Agreement 
        between the United States Fish and Wildlife Service and the 
        State of Pennsylvania;
          (2) all improvements and related personal property under the 
        control of the Secretary that is located on that property, 
        including buildings, structures, equipment, and all easements 
        and leases relating to that property; and
          (3) all water rights relating to that property.
  (c) Reversionary Interest.--If any of the property conveyed to the 
State of Pennsylvania under this section is used for any purpose other 
than the use authorized under subsection (a), all right, title, and 
interest in and to all property conveyed under this section shall 
revert to the United States. The State of Pennsylvania shall ensure 
that all property reverting to the United States under this subsection 
is in substantially the same or better condition as at the time of 
transfer to the State.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4957 is to direct the Secretary of the 
Interior to convey the Tylersville division of the Lamar 
National Fish Hatchery and Fish Technology Center to the State 
of Pennsylvania.

                  BACKGROUND AND NEED FOR LEGISLATION

    The majority of federal fish hatchery facilities are 
managed by the U.S. Fish and Wildlife Service. From its 
historic level of 136 National Fish Hatcheries in 1940, the 
system is now comprised of 69 National Fish Hatcheries, seven 
Fish Technology Centers, nine Fish Health Centers and one 
historic fish hatchery. The role of the National Fish Hatchery 
System is broader than private, state and tribal hatcheries 
which primarily stock fish for commercial and recreational 
fishing. The average age of these facilities is 60 years and 
the growing deferred maintenance backlog is $245 million. The 
average cost to operate a federal Fish Hatchery is $528,000 
each year. While funding for hatchery operations and 
maintenance has increased over $20 million in the last ten 
years, the number of federal employees working within the 
hatchery system has fallen from 522 to 457, or a 12.5 percent 
reduction in the workforce.
    Under the terms of H.R. 4957, all right, title and interest 
in the Tylersville division of the Lamar National Fish Hatchery 
and Fish Technology Center would be conveyed, within 180 days 
after enactment, to the State of Pennsylvania without 
reimbursement. This property consists of 40 acres of land that 
has a hatchery house and administrative office complex, 
maintenance garage, pole building for vehicle storage and 5,000 
feet of concrete linear raceways. The bill contains a 
reversionary clause that stipulates that the property will 
revert back to the federal government if the hatchery is used 
for purposes other than the State of Pennsylvania's fish 
culture program.
    The Tylersville division was opened in Loganton, 
Pennsylvania, by the Fish and Wildlife Service in 1963. It 
stopped producing fish in 1977. In 1984, the Fish and Wildlife 
Service and the Pennsylvania Fish and Boat Commission signed a 
25-year lease allowing the State to maintain and operate the 
facilities. Since that time, the State has propagated millions 
of adult brook, brown, golden rainbow and rainbow trout for the 
State's recreational fishing program. Tylersville produces some 
560,000 adult trout each year, which represents 13 percent of 
the State's total trout stocking. The cost of producing these 
fish was approximately $900,000.
    Despite the fact that the Pennsylvania Fish and Boat 
Commission does not hold title to the property, the State has 
spent nearly $2 million for infrastructure improvements. In 
addition, it is currently spending $1.7 million to upgrade the 
wastewater treatment facilities. However, with the expiration 
of the long-term lease and the need for additional 
improvements, the State has indicated its desire to obtain 
title to this land. There are currently 13 State employees at 
the fish hatchery and the annual economic impact to the State 
of Pennsylvania has been estimated at $63 million. This 
hatchery is not considered a component of the active federal 
Fish Hatchery System.

                            COMMITTEE ACTION

    H.R. 4957 was introduced on March 14, 2006, by Congressman 
John E. Peterson (R-PA). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Fisheries and Oceans. On June 15, 2006, the Subcommittee held a 
hearing on the bill. On July 19, 2006, the Full Resources 
Committee met to consider the bill. The Subcommittee on 
Fisheries and Oceans was discharged from further consideration 
of the bill by unanimous consent. Chairman Richard Pombo 
offered an amendment in the nature of a substitute that 
clarified that the number of acres to be conveyed to the State 
of Pennsylvania was approximately 40 acres and not the 125 
acres that had been incorrectly referenced in the introduced 
bill. The amendment was adopted by unanimous consent. The bill, 
as amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, clause 3 of the Constitution of the 
United States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

H.R. 4957--Tylersville Fish Hatchery Conveyance Act

    H.R. 4957 would direct the Secretary of the Interior to 
convey without reimbursement the Tylersville National Fish 
Hatchery to the state of Pennsylvania. The transfer to the 
Pennsylvania Fish and Boat Commission would comprise all 
property interests, including about 40 acres of land, several 
buildings, and hatchery facilities.
    Based on information provided by the U.S. Fish and Wildlife 
Service, CBO estimates that implementing H.R. 4957 would have 
no effect on the federal budget. The fish hatchery is already 
being operated by the state at its own expense; that would 
continue under the bill.
    H.R. 4957 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. 
Enacting this legislation would benefit Pennsylvania.
    The CBO staff contacts for this estimate are Leigh Angres 
and Deborah Reis. This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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