[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

                                _______
                                

                 July 19, 2012.--Ordered to be printed

                                _______
                                

    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.

                                  
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