49–010 

Calendar No. 621 

109TH CONGRESS REPORT " ! SENATE 2d Session 109–341 

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 

R E P O R T 

[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 conVerDate Aug 31 2005 06:35 Sep 22, 2006 Jkt 049010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6601 E:\HR\OC\SR341.XXX SR341

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veyed 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. 


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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 


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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. 

Æ 


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