[Senate Report 109-339]
[From the U.S. Government Publishing Office]
Calendar No. 619
109th Congress Report
SENATE
2d Session 109-339
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TYLERSVILLE FISH HATCHERY CONVEYANCE ACT
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September 20, 2006.--Ordered to be printed
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Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
REPORT
[To accompany S. 3551]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 3551) 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, reports favorably
thereon and recommends that the bill, as amended, do pass.
General Statement and Background
The Tylersville fish hatchery was originally constructed in
1963 by the U.S. Fish and Wildlife Service (Service) to produce
and stock trout for recreation and enhancement on Federal
lands. The hatchery was a division of the Lamar National Fish
Hatchery and Technology Center and comprises about 40 acres.
The hatchery was placed in caretaker status in 1977 when the
Service began to curtail the trout enhancement program for
Federal lands. In 1984, the Service entered into a 25-year
agreement with the Pennsylvania Fish and Boat Commission
(Commission) to maintain and operate the hatchery for the
Commonwealth of Pennsylvania's recreational trout program. The
hatchery has an excellent water supply, primarily supported
from eight springs that originate from Big Fishing creek. The
facility currently produces around 525,000 adult brook,
rainbow, and brown trout per year--approximately 13 percent of
the total trout production for the Commonwealth. These fish
have an estimated annual economic impact in Pennsylvania of $63
million. The Commission has made, and continues to make,
substantial infrastructure investments in the Tylersville Fish
Hatchery. From 1988 through 2002, these infrastructure
investments have been estimated at $2 million. Currently, the
Commonwealth is in the process of completing a wastewater
treatment upgrade to meet National Pollution Discharge
Elimination System (NPDES) requirements of the Pennsylvania
Department of Environmental Resources.
With the end of the 25-year agreement nearing, the Service
has determined that transferring the hatchery to the State of
Pennsylvania is in the best interest of all parties and
protects strong partnerships that have developed between the
Service and State resource management officials. The transfer
would protect the infrastructure investments made by the State
and provide certainty for future planning and use of the
facility, where the Service has no future plans to reinstitute
Federal operation and production.
Objectives of the Legislation
S. 3551 directs 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. The bill
also contains a reversion clause providing that the property
conveyed shall revert to the United States, at the discretion
of the Secretary, if it is used for any purpose other than for
the fish culture program of the State.
Section-by-Section Analysis
Section 1. Short title
This section provides that this Act may be cited as the
``Tylersville Fish Hatchery Conveyance Act''.
Sec. 2. Conveyance of Paint Bank and Wytheville National Fish
Hatcheries to the State of Virginia
This section directs 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. It also provides that the property conveyed shall
revert to the United States, at the discretion of the
Secretary, if it is used for any purpose other than for the
State's fish culture program.
Legislative History
On June 21, 2006, Senator Santorum introduced S. 3551,
which was cosponsored by Senator Specter. The bill was
received, read twice and referred to the Senate Committee on
Environment and Public Works. The committee met on September
13, 2006 to consider the bill. S. 3551 was ordered favorably
reported, as amended, by voice vote.
Hearings
No committee hearings were held on S. 3551.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 3551 on September 13, 2006. The bill was ordered
favorably reported, as amended, by voice vote. No rollcall
votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 3551
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 3551 would not
impose Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
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:
S. 3551, Tylersville Fish Hatchery Conveyance Act, as ordered reported
by the Senate Committee on Environment and Public Works on
September 13, 2006
S. 3551 would direct the Secretary of the Interior to
convey without reimbursement the Tylersville National Fish
Hatchery to 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 S. 3551 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.
S. 3551 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.
On July 26, 2006, CBO transmitted a cost estimate for H.R.
4957, the Tylersville Fish Hatchery Conveyance Act, as ordered
reported by the House Committee on Resources on July 19, 2006.
The two versions of the legislation are very similar, and the
CBO cost estimates are identical.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.