[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.