[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

                                _______
                                

               September 20, 2006.--Ordered to be printed

                                _______
                                

    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.

                                  
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