[Senate Report 112-190]
[From the U.S. Government Publishing Office]
Calendar No. 466
112th Congress Report
SENATE
2d Session 112-190
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MCKINNEY LAKE NATIONAL FISH HATCHERY CONVEYANCE ACT
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July 19, 2012.--Ordered to be printed
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Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany H.R. 1160]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (H.R. 1160) to require the Secretary of the
Interior to convey the McKinney Lake National Fish Hatchery to
the State of North Carolina, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
GENERAL STATEMENT AND BACKGROUND
The McKinney Lake National Fish Hatchery was established on
December 27, 1937, and is located in Hoffman, North Carolina,
between Southern Pines and Rockingham. This 422-acre site
includes an estimated 100 acres for the warm water fish
hatchery facility. The remaining acreage consists primarily of
forested watershed including the 70-acre McKinney Lake, which
serves as the water supply reservoir for the hatchery. The
property also includes six buildings, three residences, and 23
earthen ponds.
As a result of cost cutting measures proposed by U.S. Fish
and Wildlife Service in 1996, the facility was given to the
State of North Carolina to operate under a Memorandum of
Agreement (MOA). Under this agreement, the Commission assumes
full responsibility for all costs and expenses related to
operation of hatchery facilities. The MOA has been updated
every three years. The N.C. Wildlife Resources Commission began
stocking channel catfish from the McKinney Lake Hatchery in
March 1998 and this stocking program has become a major
component of the State's urban fishing program. The State
recently expressed interest in acquiring ownership of the
property and the Service foresees no long term need to retain
the facility or its water supply.
On May 12, 2011, the U.S. Fish and Wildlife Service
testified before the House Natural Resources Committee,
Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs
in support of H.R. 1160 and the conveyance of the McKinney Lake
National Fish Hatchery and its operations to the North Carolina
Wildlife Resources Commission for the purposes of fish and
wildlife management.
OBJECTIVES OF THE LEGISLATION
The McKinney Lake National Fish Hatchery Conveyance Act
requires the Secretary of the Interior to convey the McKinney
Lake National Fish Hatchery to the State of North Carolina for
fishery and wildlife resource management and establishes
conditions for use and reversion of the property under certain
circumstances.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section provides that the Act may be cited as the
``McKinney Lake National Fish Hatchery Conveyance Act''.
Section 2. Conveyance of McKinney Lake National Fish Hatchery
Subsection (a) includes definitions for terms used in the
Act.
Subsection (b) directs the Secretary of Interior within 180
days of enactment to convey without reimbursement, all right,
title, and interest of the United States in and to the property
known as the McKinney Lake National Fish Hatchery for use by
the North Carolina Wildlife Resources Commission as a component
of the fish and wildlife management program of the State.
Subsection (c) describes the location of the property known
as the McKinney Lake National Fish Hatchery.
Subsection (d) requires that the property be used by the
State for purposes relating to fishery and wildlife resources
management. This subject also establishes conditions for the
reversion of the property to the United States if it is not
used for its intended purposes.
Subsection (e) requires that as a condition and term of the
conveyance of the property that the State shall, upon the
request of the Secretary, allow the United States Fish and
Wildlife Service to use the property in cooperation with the
Commission for propagation of any critically important aquatic
resources and to address specific restoration or recovery needs
of these resources.
LEGISLATIVE HISTORY
H.R. 1160 was introduced on March 17, 2011, by Congressman
Larry Kissell (D-NC). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Fisheries, Wildlife, Oceans, and Insular Affairs. On May 12,
2011, the Subcommittee on Fisheries, Wildlife, Oceans, and
Insular Affairs held a hearing on the bill. On June 15, 2011,
the Full Resources Committee ordered the bill favorably
reported to the House of Representatives by unanimous consent.
On October 24, 2011, the House of Representatives voted 395-0
on the motion to suspend the rules and pass the bill.
On October 31, 2011, the bill was received in the Senate,
read twice, and referred to the Committee on Environment and
Public Works. The Committee met to consider H.R. 1160 on June
21, 2012. The bill was ordered favorably reported by voice
vote.
HEARINGS
No committee hearings were held on H.R. 1160.
ROLLCALL VOTES
The Committee on Environment and Public Works met to
consider H.R. 1160 on June 21, 2012. 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.
1160 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 notes that the Congressional
Budget Office found, ``H.R. 1160 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.''
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
July 2, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1160, the McKinney
Lake National Fish Hatchery Conveyance Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1160--McKinney Lake National Fish Hatchery Conveyance Act
H.R. 1160 would authorize the United States Fish and
Wildlife Service (USFWS) to convey the McKinney Lake National
Fish Hatchery to the state of North Carolina. The state
currently manages the fish hatchery and pays all operating and
maintenance costs under a Memorandum of Understanding with the
agency. Under the act, the USFWS would retain the right to use
fish hatchery facilities for certain purposes.
Based on information provided by the USFWS, CBO estimates
that implementing the legislation would have no significant
impact on the federal budget. Enacting H.R. 1160 would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 1160 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.
The land conveyance authorized in the act would benefit North
Carolina. Any costs to the state would be incurred voluntarily.
On June 30, 2011, CBO transmitted a cost estimate for H.R.
1160 as ordered reported by the House Committee on Natural
Resources on June 15, 2011. That version of H.R. 1160 would
require the USFWS to reimburse the state for any administrative
costs associated with the agency's use of the fish hatchery
after the conveyance. The Senate version of the legislation
would not require such reimbursement. That difference is
reflected in the cost estimates for the two versions of H.R.
1160.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, 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.