[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 2047

Public Law 109-358
109th Congress

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. NOTE: Oct. 16,
2006 -  [H.R. 5094]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Lake Mattamuskeet Lodge
Preservation Act. 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 NOTE: Deadline. 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 Carolina.

(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''.

[[Page 2048]]
120 STAT. 2048

(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 petroleum 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 wildlife conservation projects.

Approved October 16, 2006.

LEGISLATIVE HISTORY--H.R. 5094:
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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.