49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–612 

TYLERSVILLE FISH HATCHERY CONVEYANCE ACT 

JULY 28, 2006.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 4957] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 4957) 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, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Tylersville Fish Hatchery Conveyance Act’’. 

SEC. 2. CONVEYANCE OF TYLERSVILLE NATIONAL FISH HATCHERY TO THE STATE OF PENNSYLVANIA. 

(a) CONVEYANCE REQUIREMENT.—Within 180 days after the date of the enactment 

of this Act, the Secretary of the Interior shall convey to the State of Pennsylvania 

without reimbursement all right, title, and interest of the United States in and to 

the property described in subsection (b) for use by the Pennsylvania Fish and Boat 

Commission as part of the State of Pennsylvania fish culture program. 

(b) PROPERTY DESCRIBED.—The property referred to in subsection (a) consists of— 

(1) the Tylersville division of the Lamar National Fish Hatchery and Fish 

Technology Center comprised of approximately 40 acres leased to the State of 

Pennsylvania Fish and Boat Commission, located on 43 Hatchery Lane in 

Loganton, Pennsylvania, as described in the 1984 Cooperative Agreement between the United States Fish and Wildlife Service and the State of Pennsylvania; 

(2) all improvements and related personal property under the control of the 

Secretary that is located on that property, including buildings, structures, 

equipment, and all easements and leases relating to that property; and 

(3) all water rights relating to that property. 

(c) REVERSIONARY INTEREST.—If any of the property conveyed to the State of 

Pennsylvania under this section is used for any purpose other than the use authorVerDate Aug 31 2005 04:45 Aug 01, 2006 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR612.XXX HR612
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ized under subsection (a), all right, title, and interest in and to all property conveyed under this section shall revert to the United States. The State of Pennsylvania shall ensure that all property reverting to the United States under this subsection is in substantially the same or better condition as at the time of transfer 

to the State. 

PURPOSE OF THE BILL

The purpose of H.R. 4957 is 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. 

BACKGROUND AND NEED FOR LEGISLATION

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 fishing. 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 and maintenance has 

increased over $20 million in the last ten 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. 4957, all right, title and interest in the 

Tylersville division of the Lamar National Fish Hatchery and Fish 

Technology Center would be conveyed, within 180 days after enactment, to the State of Pennsylvania without reimbursement. This 

property consists of 40 acres of land that has a hatchery house and 

administrative office complex, maintenance garage, pole building 

for vehicle storage and 5,000 feet of concrete linear raceways. The 

bill contains a reversionary clause that stipulates that the property 

will revert back to the federal government if the hatchery is used 

for purposes other than the State of Pennsylvania’s fish culture 

program. 

The Tylersville division was opened in Loganton, Pennsylvania, 

by the Fish and Wildlife Service in 1963. It stopped producing fish 

in 1977. In 1984, the Fish and Wildlife Service and the Pennsylvania Fish and Boat Commission signed a 25-year lease allowing 

the State to maintain and operate the facilities. Since that time, 

the State has propagated millions of adult brook, brown, golden 

rainbow and rainbow trout for the State’s recreational fishing program. Tylersville produces some 560,000 adult trout each year, 

which represents 13 percent of the State’s total trout stocking. The 

cost of producing these fish was approximately $900,000. 

Despite the fact that the Pennsylvania Fish and Boat Commission does not hold title to the property, the State has spent nearly 

$2 million for infrastructure improvements. In addition, it is currently spending $1.7 million to upgrade the wastewater treatment 

facilities. However, with the expiration of the long-term lease and 

the need for additional improvements, the State has indicated its 

desire to obtain title to this land. There are currently 13 State employees at the fish hatchery and the annual economic impact to the 

State of Pennsylvania has been estimated at $63 million. This 

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hatchery is not considered a component of the active federal Fish 

Hatchery System. 

COMMITTEE ACTION

H.R. 4957 was introduced on March 14, 2006, by Congressman 

John E. Peterson (R–PA). The bill was referred to the Committee 

on Resources, and within the Committee to the Subcommittee on 

Fisheries and Oceans. On June 15, 2006, the Subcommittee held a 

hearing on the bill. On July 19, 2006, the Full Resources Committee met to consider the bill. The Subcommittee on Fisheries and 

Oceans was discharged from further consideration of the bill by 

unanimous consent. Chairman Richard Pombo offered an amendment in the nature of a substitute that clarified that the number 

of acres to be conveyed to the State of Pennsylvania was approximately 40 acres and not the 125 acres that had been incorrectly 

referenced in the introduced bill. The amendment was adopted by 

unanimous consent. The bill, as amended, was then ordered favorably reported to the House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8, clause 3 of the Constitution of the United 

States grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

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H.R. 4957—Tylersville Fish Hatchery Conveyance Act 

H.R. 4957 would direct the Secretary of the Interior to convey 

without reimbursement the Tylersville National Fish Hatchery to 

the state of 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 H.R. 4957 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. 

H.R. 4957 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. 

The CBO staff contacts for this estimate are Leigh Angres and 

Deborah Reis. This estimate was approved by Peter H. Fontaine, 

Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

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