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[109th Congress Public Law 358]
[From the U.S. Government Printing Office]

[DOCID: f:publ358.109]

[[Page 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. <<NOTE: Oct. 16, 
                         2006 -  [H.R. 5094]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Lake Mattamuskeet Lodge 
Preservation Act.>> 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 <<NOTE: Deadline.>> 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''.

[[Page 120 STAT. 2048]]

    (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.

LEGISLATIVE HISTORY--H.R. 5094:
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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.

                                  <all>
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