[Senate Report 109-341]
[From the U.S. Government Publishing Office]





                                                       Calendar No. 621
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-341

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   PAINT BANK AND WYTHEVILLE NATIONAL FISH HATCHERIES 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 H.R 5061]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (H.R. 5061) to direct the Secretary of the 
Interior to convey Paint Bank National Fish Hatchery and 
Wytheville National Fish Hatchery to the State of Virginia, 
having considered the same, reports favorably thereon and 
recommends that the bill do pass.

                    General Statement and Background

    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 
users. 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 has increased 
over $20 million in the last 10 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. 5061, all right, title and interest 
in the Paint Bank and Wytheville National Fish Hatcheries would 
be conveyed to the Virginia Department of Fish and Game without 
reimbursement. This property consists of 490 acres at the Paint 
Bank and 134 acres at the Wytheville National Fish Hatcheries. 
It also includes the transfer of residences, an administrative 
building, flammable storage building, sewage treatment plant 
and concrete linear raceways for the production of cold water 
fisheries. The bill contains a reversionary clause that 
stipulates that these fish cultural stations will revert back 
to the Federal Government if they are utilized for activities 
other than the State of Virginia's fish culture program.
    Paint Bank National Fish Hatchery was originally 
constructed in 1960 and Wytheville National Fish Hatchery was 
constructed in 1966. Both facilities were developed to produce 
trout for recreational stocking on Federal lands. They were put 
into caretaker status when the U.S. Fish and Wildlife Service 
(Service) shifted program priorities in the early 1980's. In 
1983, the Service entered into a 25-year agreement with the 
Commonwealth of Virginia to maintain and operate the facilities 
for the Commonwealth's recreational trout program. These 
hatcheries can produce up to 861,632 brook, brown and rainbow 
trout each year. This represents over 40 percent of the trout 
stocked for public fishing in Virginia. The Paint Bank facility 
also participates in the National Broodstock program. The 
National Broodstock Program is a cooperative venture 
coordinated by the Service that each year produces about 100 
million disease-free eggs for specific genetic make-up to help 
ensure that healthy, high-quality fish are available to anglers 
in more than 20 States.
    Despite the fact that the State did not have title to this 
property, a number of investments have taken place over the 
past 20 years. The total cost of these improvements at Paint 
Bank and Wytheville Hatcheries has been $389,500, and the State 
is prepared to invest an additional $4.5 million in 
renovations. According to the Virginia Department of Game and 
Inland Fisheries, the annual economic impact of these two 
facilities is in excess of $40 million, and there are 13 full-
time State employees. With the end of the 25-year agreement 
nearing, the Service has determined that transferring the 
hatcheries to the Commonwealth is in the best interest of all 
parties and protects strong partnerships that have developed 
between the Service and Commonwealth's resource management 
officials. The transfer would protect the infrastructure 
investments made by the Commonwealth and provide certainty for 
future planning and use of the facility, where the Service has 
no future plans to reinstitute Federal operation or fish 
production.

                     Objectives of the Legislation

    H.R. 5061 directs the Secretary of the Interior to convey 
Paint Bank National Fish Hatchery and Wytheville National Fish 
Hatchery to the Commonwealth of Virginia. The bill contains a 
reversion clause providing that the property conveyed shall 
revert to the United States if it is used for any purpose other 
than for the State's fish culture program.

                      Section-by-Section Analysis

Section 1. Short title
    This section provides that this Act may be cited as the 
``Paint Bank and Wytheville National Fish Hatcheries 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 Paint Bank National Fish Hatchery and Wytheville 
National Fish Hatchery to the State of Virginia. It also 
provides that the property conveyed shall revert to the United 
States if it is used for any purpose other than for the State's 
fish culture program.

                          Legislative History

    On July 11, 2006, 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. H.R. 5061 was ordered favorably reported by voice vote.

                                Hearings

    No committee hearings were held on H.R. 5061.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider H.R. 5061 on September 13, 2006. The bill was ordered 
favorably reported 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 H.R. 
5061 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 H.R. 5061 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:
H.R. 5061, Paint Bank and Wytheville National Fish Hatcheries 
        Conveyance Act, as ordered reported by the Senate Committee on 
        Environment and Public Works on September 13, 2006
    H.R. 5061 would direct the Secretary of the Interior to 
convey without consideration two fish hatcheries to the State 
of Virginia. The transfer would comprise all property interests 
in the Paint Bank National Fish Hatchery and the Wytheville 
National Fish Hatchery, including about 625 acres of land, 
several buildings, a sewage treatment plant, and hatchery 
facilities.
    Based on information provided by the U.S. Fish and Wildlife 
Service, CBO estimates that implementing H.R. 5061 would have 
no effect on the Federal budget. The two fish hatcheries are 
already being operated by the State at its own expense, as they 
would continue to be under the act.
    H.R. 5061 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 Virginia.
    On June 27, 2006, CBO transmitted a cost estimate for H.R. 
5061 as ordered reported by the House Committee on Resources on 
June 21, 2006. The two versions of the legislation are 
identical, as are the CBO cost estimates.
    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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