II 

109TH CONGRESS 

2D SESSION H. R. 5094 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2006 

Received 

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. 


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HR 5094 RDS 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lake Mattamuskeet 

5 Lodge Preservation Act’’. 

6 SEC. 2. CONVEYANCE OF MATTAMUSKEET LODGE, 

7 MATTAMUSKEET NATIONAL WILDLIFE REF8 UGE, NORTH CAROLINA. 

9 (a) CONVEYANCE REQUIRED.—Within six months 

10 after the date of the enactment of this Act, the Secretary 

11 of the Interior, acting through the Director of the United 

12 States Fish and Wildlife Service, shall convey to the State 

13 of North Carolina, without consideration, all right, title, 

14 and interest of the United States, except for certain utility 

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

16 consisting of approximately 6.25 acres and containing 

17 Mattamuskeet Lodge and surrounding property, including 

18 the Mattamuskeet National Wildlife Refuge headquarters, 

19 as depicted on the map entitled ‘‘Lake Mattamuskeet 

20 Lodge/Pump Station’’ and dated January 10, 2006, for 

21 the purpose of permitting the State to use the property 

22 as a public facility dedicated to the conservation of the 

23 natural and cultural resources of North Carolina. 

24 (b) RESTORATION AND MAINTENANCE OF LODGE.— 

25 The Mattamuskeet Lodge is listed on the National RegVerDate Aug 31 2005 17:06 Oct 01, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5094.RDS H5094

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1 ister of Historic Places, and, as a condition of the convey2 ance of the lodge under subsection (a), the State shall 

3 agree to restore and maintain the lodge in accordance 

4 with— 

5 (1) the Standard for the Treatment of Historic 

6 Properties with Guidelines for Preserving, Rehabili7 tating, Restoring, and Reconstructing Historic 

8 Buildings, as prescribed pursuant to section 106 of 

9 the National Historic Preservation Act (16 U.S.C. 

10 470f), Part 800 of title 36, Code of Federal Regula11 tions; and 

12 (2) the General Statutes of North Carolina, 

13 Chapter 121, Article 1. 

14 (c) AS IS CONVEYANCE.—The conveyance under sub15 section (a) shall be subject to the condition that the State 

16 accept the real property described in such subsection in 

17 its condition at the time of the conveyance, commonly 

18 known as conveyance ‘‘as is’’. 

19 (d) ADMINISTRATIVE EXPENSES.—The State shall 

20 cover the costs of any survey and the cost of recordation 

21 of deeds in connection with the conveyance under this sec22 tion. Except as provided in subsection (e), all other costs 

23 associated with the conveyance shall be paid by the Sec24 retary. 


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HR 5094 RDS 

1 (e) LIABILITY.—Notwithstanding any other provision 

2 of law, the Secretary shall not retain liability for any envi3 ronmental remediation that may be required with regard 

4 to the real property conveyed under this section under any 

5 applicable environmental authorities for— 

6 (1) costs or performance of response actions re7 quired under the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 (42 

9 U.S.C. 9601, et seq.) at or related to the property; 

10 or 

11 (2) costs, penalties, fines, or performance of ac12 tions related to noncompliance with applicable envi13 ronmental authorities at or related to the property 

14 or related to the presence, release, or threat of re15 lease of any hazardous substance, pollutant, or con16 taminant, hazardous waste, hazardous material, or 

17 petroleum product or derivative of a petroleum prod18 uct of any kind at or related to the property, includ19 ing contamination resulting from migration. 

20 (f) REVERSIONARY INTEREST.—If the Secretary de21 termines at any time that the real property conveyed 

22 under this section is not being used in accordance with 

23 the purpose of the conveyance specified in subsection (a) 

24 or the State is not complying with the condition of the 

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1 est in and to the property shall revert, at the option of 

2 the Secretary, to the United States, and the United States 

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

4 Any determination of the Secretary under this subsection 

5 shall be made on the record after an opportunity for a 

6 hearing. 

7 (g) MEMORANDUM OF AGREEMENT.—The Secretary 

8 shall cooperate with the State to develop a memorandum 

9 of agreement encompassing mutually beneficial opportuni10 ties to use the property to be conveyed under this section 

11 to provide visitor services, to construct and utilize facilities 

12 and utilities, and to implement wildlife conservation 

13 projects. 

Passed the House of Representatives September 12, 

2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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