PUBLIC LAW 109–358—OCT. 16, 2006 120 STAT. 2047

Public Law 109–358

109th Congress

An Act

To require the conveyance of Mattamuskeet Lodge and surrounding property, including the Mattamuskeet National Wildlife Refuge headquarters, to the State of

North Carolina to permit the State to use the property as a public facility

dedicated to the conservation of the natural and cultural resources of North

Carolina.

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 ‘‘Lake Mattamuskeet Lodge

Preservation Act’’.

SEC. 2. CONVEYANCE OF MATTAMUSKEET LODGE, MATTAMUSKEET

NATIONAL WILDLIFE REFUGE, NORTH CAROLINA.

(a) CONVEYANCE REQUIRED.—Within six months after the date

of the enactment of this Act, the Secretary of the Interior, acting

through the Director of the United States Fish and Wildlife Service,

shall convey to the State of North Carolina, without consideration,

all right, title, and interest of the United States, except for certain

utility and road easements, in and to a parcel of real property

consisting of approximately 6.25 acres and containing

Mattamuskeet Lodge and surrounding property, including the

Mattamuskeet National Wildlife Refuge headquarters, as depicted

on the map entitled ‘‘Lake Mattamuskeet Lodge/Pump Station’’

and dated January 10, 2006, for the purpose of permitting the

State to use the property as a public facility dedicated to the

conservation of the natural and cultural resources of North Carolina.

(b) RESTORATION AND MAINTENANCE OF LODGE.—The

Mattamuskeet Lodge is listed on the National Register of Historic

Places, and, as a condition of the conveyance of the lodge under

subsection (a), the State shall agree to restore and maintain the

lodge in accordance with—

(1) the Standard for the Treatment of Historic Properties

with Guidelines for Preserving, Rehabilitating, Restoring, and

Reconstructing Historic Buildings, as prescribed pursuant to

section 106 of the National Historic Preservation Act (16 U.S.C.

470f), Part 800 of title 36, Code of Federal Regulations; and

(2) the General Statutes of North Carolina, Chapter 121,

Article 1.

(c) AS IS CONVEYANCE.—The conveyance under subsection (a)

shall be subject to the condition that the State accept the real

property described in such subsection in its condition at the time

of the conveyance, commonly known as conveyance ‘‘as is’’.

Deadline.

Lake

Mattamuskeet

Lodge

Preservation Act.

Oct. 16, 2006

[H.R. 5094]

120 STAT. 2048 PUBLIC LAW 109–358—OCT. 16, 2006

LEGISLATIVE HISTORY—H.R. 5094:

HOUSE REPORTS: No. 109–560 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 12, considered and passed House.

Sept. 29, considered and passed Senate.

Æ

(d) ADMINISTRATIVE EXPENSES.—The State shall cover the costs

of any survey and the cost of recordation of deeds in connection

with the conveyance under this section. Except as provided in

subsection (e), all other costs associated with the conveyance shall

be paid by the Secretary.

(e) LIABILITY.—Notwithstanding any other provision of law,

the Secretary shall not retain liability for any environmental

remediation that may be required with regard to the real property

conveyed under this section under any applicable environmental

authorities for—

(1) costs or performance of response actions required under

the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (42 U.S.C. 9601, et seq.) at or related

to the property; or

(2) costs, penalties, fines, or performance of actions related

to noncompliance with applicable environmental authorities at

or related to the property or related to the presence, release,

or threat of release of any hazardous substance, pollutant,

or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product of any kind

at or related to the property, including contamination resulting

from migration.

(f) REVERSIONARY INTEREST.—If the Secretary determines at

any time that the real property conveyed under this section is

not being used in accordance with the purpose of the conveyance

specified in subsection (a) or the State is not complying with the

condition of the conveyance under subsection (b), all right, title,

and interest in and to the property shall revert, at the option

of the Secretary, to the United States, and the United States

shall have the right of immediate entry onto the property. Any

determination of the Secretary under this subsection shall be made

on the record after an opportunity for a hearing.

(g) MEMORANDUM OF AGREEMENT.—The Secretary shall

cooperate with the State to develop a memorandum of agreement

encompassing mutually beneficial opportunities to use the property

to be conveyed under this section to provide visitor services, to

construct and utilize facilities and utilities, and to implement wildlife conservation projects.

Approved October 16, 2006.