[Senate Report 114-38]
[From the U.S. Government Publishing Office]
Calendar No. 78
114th Congress } { Report
SENATE
1st Session } { 114-38
======================================================================
PROVIDING FOR THE CONVEYANCE OF CERTAIN PROPERTY TO THE YUKON KUSKOKWIM
HEALTH CORPORATION LOCATED IN BETHEL, ALASKA
_______
May 11, 2015.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 230]
The Committee on Indian Affairs, to which was referred the
bill (S. 230) to provide for the conveyance of certain property
to the Yukon Kuskokwim Health Corporation located in Bethel,
Alaska, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 230, as ordered reported, is to provide
for the conveyance by warranty deed of certain property located
in Bethel, Alaska, from the United States to the Yukon
Kuskokwim Health Corporation.
BACKGROUND AND HISTORY
The Yukon Kuskokwim Health Corporation (Corporation)
administers a comprehensive health care delivery system for 58
rural communities in the southwest region of Alaska.\1\ The
Corporation includes community clinics, sub-regional clinics, a
regional hospital, dental services, mental health services,
substance abuse counseling and treatment, health promotion and
disease prevention programs, and environmental health
services.\2\ The Corporation, as authorized by the 58 Alaska
Native tribes in the region, has compacted with the Indian
Health Service to operate a hospital and other services in the
region pursuant to the Indian Self-Determination and Education
Assistance Act of 1975 (ISDEAA).\3\
---------------------------------------------------------------------------
\1\Yukon Kuskokwim Health Corporation, About YKHC, http://
www.ykhc.org/about-ykhc/ (last visited Mar. 9, 2015).
\2\Id.
\3\Indian Self Determination and Education Assistance Act, Pub. L.
No. 93-638 (1975).
---------------------------------------------------------------------------
The bill, S. 230, would direct the Secretary of the
Department of Health and Human Services (Secretary) to convey
certain property to the Corporation located in Bethel, Alaska.
The property would continue to be used for health and social
services programs. The hospital building and approximately 23
acres of land belong to the Indian Health Service, but are
maintained by the Corporation.
The Corporation must significantly expand its health care
facilities, including the renovation of a 30-plus-year-old
hospital, to meet present and future needs of residents in the
region. To finance the costs of expansion and renovation, the
Corporation must demonstrate evidence of sufficient site
control to secure the project with any financial partners. To
secure the site, the Corporation must own or control the land.
The conveyance of land in S. 230 is intended to address the
Corporation's need to secure the site.
Additionally, the bill would shield the Corporation from
liability for any environmental contaminations on the conveyed
property. The Secretary would also be accorded any easement to
the conveyed property as may be reasonably necessary to satisfy
any obligation or liability of the Secretary. The bill would
require the Secretary to comply with a section of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.\4\
---------------------------------------------------------------------------
\4\Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. Sec. 9620(h)(3)(A) (1980).
---------------------------------------------------------------------------
LEGISLATIVE HISTORY
The bill, S. 230, was introduced on January 21, 2015, by
Senator Murkowski. On April 16, 2015, Senator Sullivan was
added as a co-sponsor. The bill was referred to the Senate
Committee on Indian Affairs (Committee). No hearing was held on
the bill. On February 25, 2015, the Committee held a business
meeting to consider this legislation. The Committee ordered S.
230 to be reported without amendment favorably by voice vote.
The House companion bill is H.R. 521, which was introduced
by Representative Don Young. There are no co-sponsors. The
House bill, H.R. 521, was referred to both the Committee on
Natural Resources and the Committee on Energy and Commerce.
Each committee referred the bill to their respective
subcommittees, the Subcommittee on Indian, Insular and Alaska
Native Affairs and the Subcommittee on Environment and the
Economy. On April 14, 2015, the Subcommittee on Indian,
Insular, and Alaska Native Affairs held a hearing on the bill.
Related Prior Bill--Alaska Native Tribal Health Consortium.
In the 113th Congress, Senators Murkowski and Begich introduced
S. 235, a bill similar to S. 230. Under this bill, S. 235, a
similar property transfer in Alaska was authorized for the
Alaska Native Tribal Health Consortium.
This property transfer and purposes (also similar in
nature) were examined by the Committee on July 31, 2013 during
a legislative hearing held on the bill, S. 235. On October 30,
2013, the Committee ordered that bill to be reported with an
amendment in the nature of a substitute favorably by voice
vote. No further action was taken on this bill.
However, on October 30, 2013, the Senate received H.R. 623,
the House companion bill to S. 235, which was referred to the
Committee on Indian Affairs. On December 20, 2013, the
Committee discharged H.R. 623 by unanimous consent. The Senate
passed H.R. 623 without amendment by unanimous consent. On
December 26, 2013, the bill became Pub. L. No. 113-68.\5\
---------------------------------------------------------------------------
\5\See, Alaska Native Tribal Health Consortium Land Transfer Act,
Pub. L. No. 113-68 (2013).
---------------------------------------------------------------------------
Related Prior Bill--Maniilaq Association. During the 112th
Congress, Senators Murkowski and Begich introduced S. 1898, a
bill transferring property in Alaska to the Maniilaq
Association, also similar in purpose to S. 230. On March 22,
2012, the Committee on Indian Affairs held a hearing on the
bill. No further action was taken on this bill.
On December 15, 2011, the Senate received H.R. 443, the
House companion bill to S. 1898, which was referred to the
Committee on Indian Affairs. On June 28, 2012, the Committee
ordered the bill to be reported without amendment favorably by
voice vote. On December 20, 2012, the bill passed the Senate
with an amendment by unanimous consent. On January 1, 2013, the
House agreed to the Senate amendment and passed the bill, as
amended. On January 14, 2013, the bill became Pub. L. No. 112-
263.\6\
---------------------------------------------------------------------------
\6\See, To provide for the conveyance of certain property from the
United States to the Maniilaq Association located in Kotzebue, Alaska,
Pub. L. No. 112-263 (2013).
---------------------------------------------------------------------------
SECTION BY SECTION ANALYSIS OF S. 230
Section 1--Conveyance of property
Section 1 would direct the Secretary of Health and Human
Services, not later than 180 days after the enactment of the
act, to convey by warranty deed certain property described in
Section 2 to the Yukon Kuskokwim Health Corporation for use in
connection with health and social services programs.
It further provides that the Secretary's conveyance of
title to the property shall supersede and render of no future
effect any quitclaim deed concerning the same property executed
by the Secretary and the Yukon Kuskokwim Health Corporation.
Section 1 also provides that the conveyance of the property
by warranty deed shall be made without consideration, and
without imposing any obligation, term, or condition on the
Yukon Kuskokwim Health Corporation. It also provides that the
United States shall not retain any reversionary interest in the
property.
Section 2--Property described
This section provides the legal description of the property
to be conveyed to the Yukon Kuskokwim Health Corporation
pursuant to Section 1.
Section 3--Environmental liability
This section provides that, notwithstanding any other
provision of Federal law, as of the date of the conveyance, the
Yukon Kuskokwim Health Corporation shall not be liable for any
soil, surface, groundwater, or other contamination resulting
from the disposal, release, or presence of any environmental
contamination, including any oil or petroleum products, or any
hazardous materials, hazardous waste, pollutants, toxic
substances, solid waste, or any other environmental
contamination or hazard as defined in any Federal or State of
Alaska law, on any property described in Section 2.
This section grants the Secretary any ``reasonably
necessary'' easement or access to the conveyed property in
order to satisfy any retained obligations or liability of the
United States.
This section also provides that 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. Sec. 9620(h)(3(A)).
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated March 13, 2015, was prepared
for S. 230:
March 13, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
United States Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 230, a bill to
provide for the conveyance of certain property to the Yukon
Kuskokwim Health Corporation in Bethel, Alaska.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert
Stewart.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 230--A bill to provide for the conveyance of certain property to the
Yukon Kuskokwim Health Corporation located in Bethel, Alaska
S. 230 would authorize the Secretary of Health and Human
Services (HHS) to convey a specified 23-acre parcel of federal
land in Bethel, Alaska, from the United States to the Yukon
Kuskokwim Health Corporation (YKHC). The conveyance of the
property would be made by a warranty deed, which is a type of
deed that provides that the grantor (the United States) has a
good title free and clear of all liens and encumbrances and
that the grantor promises to defend the title to the property
against all persons claiming the property.
The Indian Self-Determination and Education Act allows
Indian tribal entities to assume responsibility for the
provision of health care services funded by the Indian Health
Service (IHS), the agency within HHS responsible for providing
health care to American Indians and Alaska Natives. The YKHC, a
nonprofit tribal organization that administers health care
services for 58 tribal communities in Alaska, operates a
hospital under the authority of that act on the parcel of land
that would be transferred under this bill. According to IHS,
the YKHC currently does not pay rent or any other remuneration
to IHS for the use of the land. As a result, CBO estimates that
enacting S. 230 would have no significant effect on the federal
budget and would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 230 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the YKHC by transferring the property to the
corporation. Any costs to the YKHC would be incurred
voluntarily.
The CBO staff contacts for this estimate are Robert Stewart
(for federal costs), J'nell Blanco Suchy (for intergovernmental
effects), and Amy Petz (for private-sector mandates). The
estimate was approved by Holly Harvey, Deputy Assistant
Director for Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 230 will
have a minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 230.
CHANGES IN EXISTING LAW
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee finds that the
enactment of S. 230 will make no changes to existing law.
[all]