[House Report 112-318]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-318
HOUSE OF REPRESENTATIVES
1st Session Part 1
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PROVIDING FOR THE CONVEYANCE OF CERTAIN PROPERTY FROM THE UNITED
STATES TO THE MANIILAQ ASSOCIATION LOCATED IN KOTZEBUE, ALASKA
_______
December 8, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 443]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 443) to provide for the conveyance of certain
property from the United States to the Maniilaq Association
located in Kotzebue, Alaska, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. CONVEYANCE OF PROPERTY.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, but not later than 180 days after such date, the
Secretary of Health and Human Services (in this Act referred to as the
``Secretary'') shall convey to the Maniilaq Association located in
Kotzebue, Alaska, all right, title, and interest of the United States
in and to the property described in section 2 for use in connection
with health and social services programs. The Secretary's conveyance of
title by warranty deed under this section shall, on its effective date,
supersede and render of no future effect on any Quitclaim Deed the
properties described in section 2 executed by the Secretary and the
Maniilaq Association.
(b) Conditions.--The conveyance required by this section shall be
made by warranty deed without consideration and without imposing any
obligation, term, or condition on the Maniilaq Association, or
reversionary interest of the United States, other than that required by
this Act or section 512(c)(2)(B) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458aaa-11(c)(2)(B)).
SEC. 2. PROPERTY DESCRIBED.
The property, including all land and appurtenances, to be conveyed
pursuant to section 1 is as follows:
(1) Kotzebue hospital and land.--Re-Plat of Friends Mission
Reserve, Subdivision No. 2, U.S. Survey 2082, Lot 1, Block 12,
Kotzebue, Alaska, containing 8.10 acres recorded in the
Kotzebue Recording District, Kotzebue, Alaska, on August 18,
2009.
(2) Kotzebue quarters aka kic site.--Re-plat of Friends
Mission Reserve, U.S. Survey 2082, Lot 1A, Block 13, Kotzebue,
Alaska, containing 5.229 acres recording in the Kotzebue
Recording District, Kotzebue, Alaska, on December 23, 1991.
(3) Kotzebue quarters aka nana site.--Lot 1B, Block 26, Tract
A, Townsite of Kotzebue, U.S. Survey No. 2863 A, Kotzebue,
Alaska, containing 1.29 acres recorded in the Kotzebue
Recording District, Kotzebue, Alaska, on December 23, 1991.
SEC. 3. ENVIRONMENTAL LIABILITY.
(a) In General.--Notwithstanding any other provision of Federal law,
the Maniilaq Association shall not be liable for any soil, surface
water, groundwater, or other contamination resulting from the disposal,
release, or presence of any environmental contamination, including any
oil or petroleum products, or any hazardous substances, hazardous
materials, hazardous waste, pollutants, toxic substances, solid waste,
or any other environmental contamination or hazard as defined in any
Federal law, on any property described in section 2 as of the date of
the conveyance.
(b) Easement.--The Secretary shall be accorded any easement or access
to the property conveyed as may be reasonably necessary to satisfy any
retained obligations and liability of the Secretary.
(c) Notice of Hazardous Substance Activity and Warranty.--The
Secretary shall comply with section 120(h)(3)(A) and (B) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)(3)(A)).
PURPOSE OF THE BILL
The purpose of H.R. 443, as ordered reported, is to provide
for the conveyance of certain property from the United States
to the Maniilaq Association located in Kotzebue, Alaska.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 443 transfers 14.6 acres of federal land and
appurtenances to the Maniilaq Association, in Kotzebue, Alaska,
for use in connection with health care and social services
facilities operated by the Association.
The Maniilaq Association is a non-profit corporation that
provides a range of health care and social services for the
benefit of rural residents in remote northwest Alaska under the
self governance provisions of the Indian Self Determination and
Education Assistance Act (25 U.S.C. 450 et seq.). Under this
arrangement, Maniilaq is basically a contractor for the Indian
Health Service, a unit of the Department of Health and Human
Services responsible for providing health care benefits to
Native Americans.
H.R. 443 requires the Secretary of Health and Human
Services to transfer by warranty deed three parcels of land
(totaling 14.6 acres) and appurtenances to Maniilaq. One parcel
is the site of the existing health care facility, and the other
two will host future expansion of related facilities including
employee housing.
The subject lands have already been conveyed by the
Secretary to Maniilaq through a quit claim deed; however, this
method of transferring land does not guarantee clear title that
a warranty deed provides. Moreover, Maniilaq argues that under
its Indian Self-Determination contracts with the Indian Health
Service, transfer of government land using a quit claim deed
creates certain obstacles on the Association's use and
management of the property.
Under H.R. 443, the Indian Health Service properties are
conveyed to Maniilaq without consideration. Property valued at
more than $5000 reverts to the United States if the contract
through which Maniilaq provides health services is withdrawn or
reassumed by the Secretary.
The legislation also: provides that Maniilaq shall not be
liable for costs relating to contamination or pollution on the
properties as of the date of the conveyance; permits the
Secretary to reserve easements on the land for retained federal
obligations and liability; and requires the Secretary to comply
with section 120(h)(3)(A) and (B) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)(3)(A)).
COMMITTEE ACTION
H.R. 443 was introduced on January 25, 2011, by Congressman
Don Young (R-AK). The bill was referred primarily to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Indian and Alaska Native Affairs. The bill was
also referred to the Committee on Energy and Commerce. On
September 22, 2011, the Subcommittee on Indian and Alaska
Native Affairs held a hearing on the bill. On October 5, 2011,
the Full Natural Resources Committee met to consider the bill.
The Subcommittee on Indian and Alaska Native Affairs was
discharged by unanimous consent. Congressman Don Young (R-AK)
offered an amendment to make technical changes to the bill; the
amendment was adopted by unanimous consent. The bill, as
amended, was then 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 443--A bill to provide for the conveyance of certain property from
the United States to the Maniilaq Association located in
Kotzebue, Alaska
H.R. 443 would convey three Indian Health Service (IHS)
properties in Kotzebue, Alaska, to the Maniilaq Association, a
tribal nonprofit organization. Based on information from the
IHS, CBO estimates that the conveyances would not have a
significant impact on the federal budget. According to the
agency, it does not currently receive any lease payments or
other receipts from the properties. Enacting H.R. 443 would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 443 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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. Based on
information from the Indian Health Service, CBO estimates that
the conveyances provided for in the bill would not have a
significant impact on the federal budget. According to the
agency, it does not currently receive any lease payments or
other receipts from the properties. Enacting H.R. 443 would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to provide for
the conveyance of certain property from the United States to
the Maniilaq Association located in Kotzebue, Alaska.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
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.