Capitol Words a project of the Sunlight Foundation

  • and

Mckinney Lake National Fish Hatchery Conveyance Act

Rep. Don Young

legislator photo

Mr. Speaker, I move to suspend the rules and pass the 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, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

This Act may be cited as the ``McKinney Lake National Fish Hatchery Conveyance Act''.

(a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) State.--The term ``State'' means the State of North Carolina. (b) Conveyance.--Not later than 180 days after the date of enactment of this Act, the Secretary shall convey to the State, without reimbursement, all right, title, and interest of the United States in and to the property described in subsection (c), for use by the North Carolina Wildlife Resources Commission as a component of the fish and wildlife management program of the State. (c) Description of Property.--The property referred to in subsection (b) is comprised of the property known as the ``McKinney Lake National Fish Hatchery'', which-- (1) is located at 220 McKinney Lake Road, Hoffman (between Southern Pines and Rockingham), in Richmond County, North Carolina; (2) is a warmwater facility consisting of approximately 422 acres; and (3) includes all improvements and related personal property under the jurisdiction of the Secretary that are located on the property (including buildings, structures, and equipment). (d) Use by State.-- (1) Use.--The property conveyed to the State under this section shall be used by the State for purposes relating to fishery and wildlife resources management. (2) Reversion.-- (A) In general.--If the property conveyed to the State under this section is used for any purpose other than the purpose described in paragraph (1), all right, title, and interest in and to the property shall revert to the United States. (B) Condition of property.--If the property described in subparagraph (A) reverts to the United States under this paragraph, the State shall ensure that the property is in substantially the same or better condition as the condition of the property as of the date of the conveyance of the property under this section. (C) Exception.--This paragraph shall not apply with respect to use of the property under subsection (e). (e) Use by Secretary.--The Secretary shall require, as a condition and term of the conveyance of property under this section, 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 held in public trust to address specific restoration or recovery needs of such resource.

Pursuant to the rule, the gentleman from Alaska (Mr. Young) and the gentlewoman from California (Mrs. Napolitano) each will control 20 minutes.

The Chair recognizes the gentleman from Alaska.

Rep. Don Young

legislator photo

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous materials on the bill under consideration.

Is there objection to the request of the gentleman from Alaska?

There was no objection.

Rep. Don Young

legislator photo

Mr. Speaker, I yield myself such time as I may consume.

This bill would transfer title to 422 acres of land from the Fish and Wildlife Service to the North Carolina Wildlife Resources Commission. The commission has been effectively managing this property since 1998 under a Memorandum of Understanding with the Service, and they have been providing anglers with 150,000 channel catfish each year. Both the State and the Obama administration testified in support of this conveyance, and I note that Congress has previously conveyed 10 national fish hatcheries to various States and municipalities.

I urge the adoption of this measure, and I reserve the balance of my time.

Rep. Grace F. Napolitano

legislator photo

Mr. Speaker, I yield myself such time as I may consume.

(Mrs. NAPOLITANO asked and was given permission to revise and extend her remarks.)

Rep. Grace F. Napolitano

legislator photo

I rise in support of H.R. 1160, as amended, which would convey the McKinney Lake National Fish Hatchery to the North Carolina Wildlife Resources Commission for the purposes of fish and wildlife management. This would allow for the continued operation of the hatchery and the important role it plays in the State's urban fishing program and in addressing the restoration or recovery needs of aquatic resources held in public trust.

As we've heard before, with the warming of the oceans, we are in critical need of helping conserve our fishing industry. So to me this is really a critical piece of legislation.

I do commend my colleague, Congressman Kissell from North Carolina, for introducing his bill, which is supported by his State and the administration, and would yield to the gentleman for such time as he may consume.

Rep. Larry Kissell

legislator photo

I would like to thank my colleague for yielding time.

Mr. Speaker, I do rise in strong support of H.R. 1160, the McKinley National Fish Hatchery Conveyance Act. I'd like to thank the chairman, ranking member, and staff of the Natural Resources Committee for helping us put this bill together. I also want to thank those from the North Carolina Wildlife Resources Commission and those from the U.S. Fish and Wildlife Service that also helped my staff in putting this together.

As said, the McKinley Fish Hatchery is 422 acres located in south central North Carolina, near Hoffman, North Carolina. It consists of 23 ponds with the main lake being McKinley. The water resources there cover 18 acres. This effort was first started in the mid-1990s; but due to structural problems on the dam of McKinley Lake itself, the conveyance was unable to be completed.

And as also mentioned, there's been a series of MOAs between the U.S. Fish and Wildlife Service and the North Carolina Wildlife Commission.

In the meantime, those structural problems have been satisfied. They're no longer an issue, and we're ready to proceed with this. There has been bipartisan support, with 10 of our colleagues in North Carolina cosponsoring this bill, and both Senators from North Carolina have signed off on similar legislation in the Senate.

The prime purpose and use of the fish hatchery now is in the community fishing program that's sponsored by the North Carolina Wildlife Resources Commission taking fingerling-size channel catfish that are grown here in the hatchery throughout North Carolina to ponds and lakes in communities and allowing people from North Carolina who may not have access otherwise to come in and enjoy the pleasures of fishing. I'm especially proud of the efforts that are made for those that might have trouble with a handicap. It allows them access to fishing. And there are also programs designed to get our children involved and to grow up knowing the pleasures of fishing.

Once again, this is a win-win situation for all involved. I encourage my colleagues to vote ``yes'' and to make this conveyance complete. Mr. Speaker, I would like to thank the Chairman, Ranking Member, and the Majority, and Minority Staff of the Natural Resources Committee for helping bring this bill to the floor today. I rise in support of H.R. 1160 the ``McKinney Lake National Fish Hatchery Conveyance Act,'' a bill I have introduced in both the 111th and 112th Congress.

Located in Hoffman, North Carolina the McKinney Lake Fish Hatchery is a warm water hatchery, and contains 23 ponds covering more than 18 acres of water. This primary use of the hatchery is growing fingerling- sized (3-4 inches) channel catfish to harvestable size (8-12 inches) for the N.C. Wildlife Resources Commission's Community Fishing Program.

The Commission's Community Fishing Program provides angling opportunities to thousands of citizens, including children and disabled individuals, throughout the year. These Community Fishing Program sites are intensively managed bodies of water that receive monthly stockings of catchable-sized channel catfish from April-September. The McKinney Lake hatchery in conjunction with the Watha State Fish Hatchery near Wilmington provides the channel catfish for these monthly stockings. Many of these Community Fishing Program sites feature handicap- accessible fishing piers and solar-powered fish feeders helping to provide an enjoyable angling experience for citizens of all ages.

The ``McKinney Lake National Fish Hatchery Conveyance Act,'' while first introduced in the 111th Congress as H.R. 6115 and this congress as H.R. 1160 actually has its beginnings in 1995. At that time the U.S. Fish and Wildlife Service offered to transfer ownership and operation of this hatchery to the NC Wildlife Resources Commission to help meet the state's fisheries management objectives. However, due to the structural deficiencies of the lake's dam, the transfer was never completed. Since then, the dam issues have been corrected, and the NC Wildlife Resources Commission has had full management of the hatchery under a memorandum of agreement, MOA, with the U.S. Fish and Wildlife Service, USFWS. The State of North Carolina and the USFWS have entered into 5 subsequent MOA's since 1995, with the most current being signed on November 10, 2009 and continuing until September 30, 2012.

H.R. 1160 was drafted by my staff with the cooperation, and consultation, of both the North Carolina Wildlife Resources Commission and the USFWS. The product of this cooperation is a bill that has garnered the support of 9 bi-partisan original co-sponsors from the North Carolina House delegation, as well as companion legislation (S. 651) in the Senate. The Senate version is co-sponsored by both North Carolina Senators.

In conclusion, H.R. 1160 would complete a land conveyance that by all accounts should have occurred in the late 1990's. In addition the state of North Carolina would be able to continue producing catfish for the popular and important Community Fishing Program, on land and facilities that they would have ownership of. The State ownership of this land would incentivize them to make long term improvements and investments in the property, keeping it a viable fish hatchery. I appreciate the opportunity to stand in support of H.R. 1160 today, and would urge my colleagues to support the passage of this legislation.

Rep. Grace F. Napolitano

legislator photo

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Rep. Don Young

legislator photo

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

The question is on the motion offered by the gentleman from Alaska (Mr. Young) that the House suspend the rules and pass the bill, H.R. 1160, as amended.

The question was taken.

In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it.

Rep. Don Young

legislator photo

Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed.