[House Report 109-560]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-560

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                LAKE MATTAMUSKEET LODGE PRESERVATION ACT

                                _______
                                

 July 13, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 5094]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(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, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 5094 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    The National Wildlife Refuge System is comprised of Federal 
lands that have been acquired or reserved for the conservation 
of fish and wildlife. Totaling about 95 million acres, the 
System provides habitat for hundreds of fish and wildlife 
species. The System is also designed to offer priority public 
wildlife-dependent uses for compatible hunting, fishing, 
wildlife observation and photography, and environmental 
education and interpretation.
    The Mattamuskeet National Wildlife Refuge was established 
in October of 1934 when the U.S. Bureau of Fisheries purchased 
the Mattamuskeet lake property to create a migratory bird 
refuge. With its location in the middle of the Atlantic Flyway, 
it provides valuable wintering habitat for thousands of Canada 
geese, snow geese, tundra swans and 22 species of ducks. Today, 
the Refuge is comprised of 50,000 acres of upland, marsh, 
timber and water in and around Lake Mattamuskeet, the largest 
natural lake in North Carolina. While the lake is 16 miles long 
and five to six miles wide, it is extremely shallow with the 
vast majority being less than two feet deep. Aquatic plants 
grow easily and they provide nourishment to tens of thousands 
of waterfowl that visit Mattamuskeet every winter. The Refuge 
also provides habitat for bald eagles and peregrine falcons as 
well as bobcats, black bears and 240 different species of 
birds.
    The Mattamuskeet Lodge was constructed in 1915 at a cost of 
$205,000. It was designed to house a series of massive pumps to 
drain Lake Mattamuskeet so that the dry lake bed could be 
utilized for farming operations. This effort was unsuccessful 
because of the economy, weather and an unreliable pumping 
system. When the Federal Government acquired this property, 
members of the Civilian Conservation Corps removed the pumps 
and converted the building into a hunting lodge. It served that 
purpose from 1937 to 1974, and in 1980, it was listed on the 
National Register of Historic Places. In the 1990s, the 
Mattamuskeet Lodge became a popular site for weddings, high 
school proms, art shows and festivals. It was the only 
community center in Hyde County which has a population of about 
6,000 citizens. Regrettably, due to severe structural 
deterioration, the lodge was closed to public use in November 
2000.
    For the past six years, Federal and State elected officials 
and the Friends of the Mattamuskeet Lodge have attempted to 
secure funding to restore the lodge. In 2001, Congressman 
Walter B. Jones (R-NC) was successful in obtaining $3.5 million 
to restore the lodge. Regrettably, the money was never spent 
and was transferred to the Fish and Wildlife Service's fire 
suppression program. These funds have not been replaced or even 
requested by the Fish and Wildlife Service since that time.
    This legislation would direct the Secretary of the Interior 
to convey to the State of North Carolina all right, title and 
interest to 6.25 acres of land contained within the 
Mattamuskeet National Wildlife Refuge. This transfer would 
include the 15,000 square foot Mattamuskeet Lodge and 
surrounding property including the Refuge headquarters. This 
conveyance would occur without compensation and within six 
months of enactment of the bill.
    Under the terms of H.R. 5094, the State of North Carolina 
agrees to restore and maintain the lodge, to cover the costs of 
any surveys and the recording of deeds, and to utilize the 
property as a public facility dedicated to the conservation of 
the State's natural and cultural resources. The Secretary of 
the Interior is forgiven from any future liability for any 
environmental remediation and there is the standard provision 
stipulating that the property will revert back to the Federal 
Government if the 6.25 acres are used for purposes not defined 
in the legislation. It has been estimated that it will cost the 
State of North Carolina about $12.5 million to restore the 
Mattamuskeet Lodge. According to testimony, ``the State cannot, 
however, make funding available until the Lodge is in State 
ownership.''

                            COMMITTEE ACTION

    H.R. 5094 was introduced on April 5, 2006, by Congressman 
Walter B. Jones (R-NC). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Fisheries and Oceans. On May 10, 2006, the Subcommittee held a 
hearing on the bill. On June 21, 2006, the Full Resources 
Committee met to consider the bill. The Subcommittee was 
discharged from further consideration of the bill by unanimous 
consent. No amendments were offered, and the bill was ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article IV, section 3, clause 2 of the Constitution of the 
United States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 5094--Lake Mattamuskeet Lodge Preservation Act

    Summary: H.R. 5094 would direct the U.S. Fish and Wildlife 
Service (USFWS), to convey to North Carolina six acres of land 
in the Mattamuskeet National Wildlife Refuge, including the 
Mattamuskeet Lodge. Under the bill, the State would be 
responsible for paying all administrative costs of the transfer 
such as survey expenses. Based on information provided by the 
USFWS, CBO estimates that completing the conveyance would have 
no significant effect on the Federal budget. Enacting the bill 
would not affect direct spending or revenues.
    H.R. 5094 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments. 
The conveyance authorized by this bill would be voluntary on 
the part of the State of North Carolina and any costs incurred 
by the State to comply with the conditions included in the bill 
would be incurred voluntarily.
    The CBO staff contacts for this estimate are Deborah Reis 
and Leigh Angres. The estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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