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