I 

109TH CONGRESS 

2D SESSION H. R. 5094 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2006 

Mr. JONES of North Carolina introduced the following bill; which was referred 

to the Committee on Resources 

A BILL 

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. 

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’’. 


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1 SEC. 2. CONVEYANCE OF MATTAMUSKEET LODGE, 

2 MATTAMUSKEET NATIONAL WILDLIFE REF3 UGE, NORTH CAROLINA. 

4 (a) CONVEYANCE REQUIRED.—Within six months 

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

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

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

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

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

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

11 consisting of approximately 6.25 acres and containing 

12 Mattamuskeet Lodge and surrounding property, including 

13 the Mattamuskeet National Wildlife Refuge headquarters, 

14 as depicted on the map entitled ‘‘Lake Mattamuskeet 

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

16 the purpose of permitting the State to use the property 

17 as a public facility dedicated to the conservation of the 

18 natural and cultural resources of North Carolina. 

19 (b) RESTORATION AND MAINTENANCE OF LODGE.— 

20 The Mattamuskeet Lodge is listed on the National Reg21 ister of Historic Places, and, as a condition of the convey22 ance of the lodge under subsection (a), the State shall 

23 agree to restore and maintain the lodge in accordance 

24 with— 

25 (1) the Standard for the Treatment of Historic 

26 Properties with Guidelines for Preserving, RehabiliVerDate Aug 31 2005 08:45 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5094.IH H5094

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1 tating, Restoring, and Reconstructing Historic 

2 Buildings, as prescribed pursuant to section 106 of 

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

4 470f), Part 800 of title 36, Code of Federal Regula5 tions; and 

6 (2) the General Statutes of North Carolina, 

7 Chapter 121, Article 1. 

8 (c) AS IS CONVEYANCE.—The conveyance under sub9 section (a) shall be subject to the condition that the State 

10 accept the real property described in such subsection in 

11 its condition at the time of the conveyance, commonly 

12 known as conveyance ‘‘as is’’. 

13 (d) ADMINISTRATIVE EXPENSES.—The State shall 

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

15 of deeds in connection with the conveyance under this sec16 tion. Except as provided in subsection (e), all other costs 

17 associated with the conveyance shall be paid by the Sec18 retary. 

19 (e) LIABILITY.—Notwithstanding any other provision 

20 of law, the Secretary shall not retain liability for any envi21 ronmental remediation that may be required with regard 

22 to the real property conveyed under this section under any 

23 applicable environmental authorities for— 

24 (1) costs or performance of response actions re25 quired under the Comprehensive Environmental ReVerDate Aug 31 2005 08:45 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5094.IH H5094

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1 sponse, Compensation, and Liability Act of 1980 (42 

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

3 or 

4 (2) costs, penalties, fines, or performance of ac5 tions related to noncompliance with applicable envi6 ronmental authorities at or related to the property 

7 or related to the presence, release, or threat of re8 lease of any hazardous substance, pollutant, or con9 taminant, hazardous waste, hazardous material, or 

10 petroleum product or derivative of a petroleum prod11 uct of any kind at or related to the property, includ12 ing contamination resulting from migration. 

13 (f) REVERSIONARY INTEREST.—If the Secretary de14 termines at any time that the real property conveyed 

15 under this section is not being used in accordance with 

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

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

18 conveyance under subsection (b), all right, title, and inter19 est in and to the property shall revert, at the option of 

20 the Secretary, to the United States, and the United States 

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

22 Any determination of the Secretary under this subsection 

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

24 hearing. 


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1 (g) MEMORANDUM OF AGREEMENT.—The Secretary 

2 shall cooperate with the State to develop a memorandum 

3 of agreement encompassing mutually beneficial opportuni4 ties to use the property to be conveyed under this section 

5 to provide visitor services, to construct and utilize facilities 

6 and utilities, and to implement wildlife conservation 

7 projects. 

Æ 


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