Lake Mattamuskeet Lodge Preservation Act
PL 109-358 (H.R.5094), enacted 10/16/2006

120 STAT. 2047
PUBLIC LAW 109–358—OCT. 16, 2006
Public Law 109–358
109th Congress
An Act
To require the conveyance of Mattamuskeet Lodge and surrounding property, includ-
ing 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 Caro-
lina.
(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]
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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.
(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 petro-
leum 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 wild-
life conservation projects.
Approved October 16, 2006.
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