S1883 Shelby (R-AL) 07/24/98

Reported in Senate

Marion National Fish Hatchery and Claude Harris National Aquacultural Research Center Conveyance Act. Calendar No. 493

105^TH CONGRESS 2D SESSION S. 1883

[Report No. 105-263]

To direct the Secretary of the Interior to convey the Marion National Fish Hatchery and the Claude Harris National Aquacultural Research Center to the State of Alabama, and for other purposes.

Mr. SHELBY (for himself and Mr. SESSIONS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works July 24, 1998.

Reported by Mr. CHAFEE, with amendments [Omit the part struck through and insert the part printed in italic]

=======================

To direct the Secretary of the Interior to convey the Marion National Fish Hatchery and the Claude Harris National Aquacultural Research Center to the State of Alabama, and for other purposes.

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

    !!SECTION 1. SHORT TITLE.!!

    This Act may be cited as the "Marion National Fish Hatchery and Claude Harris National Aquacultural Research Center Conveyance Act".

    !!SEC. 2. CONVEYANCE OF MARION NATIONAL FISH HATCHERY AND CLAUDE HARRIS NATIONAL AQUACULTURAL RESEARCH CENTER TO THE STATE OF ALABAMA.!!

(a) CONVEYANCE REQUIREMENT.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall convey to the State of Alabama without reimbursement, and subject to the condition described in paragraph (2), all right, title, and interest of the United States in and to the properties described in subsection (b) for use by the Game and Fish Division of the Department of Conservation and Natural Resources of the State of Alabama (referred to in this section as the "Game and <<Fish Division")-->>

<<(A) as part of the fish culture program of the State of Alabama; or >>

<<(B) for any other purpose approved in writing by the regional director of the United States Fish and Wildlife Service for the region in which the properties are located.>>

<<(2) LEASE OF CLAUDE HARRIS NATIONAL AQUACULTURAL RESEARCH CENTER.-->>

<<(A) TO ALABAMA AGRICULTURE EXPERIMENT STATION.—As a condition of the conveyance under paragraph (1), the Game and Fish Division shall offer to lease the property described in subsection (b)(1)(B) to the Alabama Agriculture Experiment Station-->>

<<(i) at no cost to the Station or the Game and Fish Division; and>>

<<(ii) for the period requested by the Station and provided by Alabama law. >>

<<(B) TO ANOTHER PUBLIC ENTITY.—If the Station declines the offer or fails to renew any lease, the Game and Fish Division shall offer to lease any portion of the property to another public entity.>> //Fish Division)" as part of the fish culture program of the State of Alabama.\\

//(2) LEASE OF CLAUDE HARRIS NATIONAL AQUACULTURAL RESEARCH CENTER.—As a condition of the conveyance under paragraph (1), the Game and Fish Division shall offer to lease the property described in subsection (b)(1)(B) to the Alabama Agriculture Experiment Station--\\

//(A) at no cost to the Station or the Game and Fish Division; and\\

//(B) for the period requested by the Station and provided by Alabama law.\\

(b) DESCRIPTION OF PROPERTIES.—The properties referred to in subsection (a)(1) consist of— (1)(A) the portion of the Marion National Fish Hatchery leased to the Game and Fish Division, located 7 miles northeast of Marion, Alabama, on State Highway 175, as described in Amendment No. 2 to the Cooperative Agreement dated June 6, 1974, between the United States Fish and Wildlife Service and the Game and Fish Division, consisting of approximately 300 acres; and (B) the Claude Harris National Aquacultural Research Center, located 7 miles northeast of Marion, Alabama, on State Highway 175, as described in a document of the United States Fish and Wildlife Service entitled "EXHIBIT A" and dated March 19, 1996, consisting of approximately 298 acres;

(2) all improvements and related personal property under the control of the Secretary of the Interior that are located on the properties described in paragraph (1), including buildings, structures, and equipment; and

(3) all easements, leases, and water and timber rights relating to the properties described in paragraph (1).

(c) REVERSIONARY INTEREST.—

(1) REQUIREMENT.—If any property conveyed to the State of Alabama under this section is used for any purpose other than the use authorized under subsection (a), all right, title, and interest in and to all property conveyed under this section shall revert to the United States.

(2) CONDITION OF PROPERTY ON REVERSION.—In the case of a reversion of property under paragraph (1), subject to any sale or lease of timber or mineral interests on or under the property, the State of Alabama shall ensure that all property reverting to the United States under this subsection is in substantially the same condition as, or in better condition than, at the time of conveyance under subsection (a).

(d) JURISDICTION.—Effective at the time of conveyance of the properties under subsection (a), the United States retrocede jurisdiction over the properties to the State of Alabama.