[Senate Report 116-10]
[From the U.S. Government Publishing Office]
Calendar No. 41
116th Congress } { Report
SENATE
1st Session } { 116-10
======================================================================
TO PROVIDE FOR THE CONVEYANCE OF CERTAIN PROPERTY TO THE TANANA TRIBAL
COUNCIL LOCATED IN TANANA, ALASKA, AND TO THE BRISTOL BAY AREA HEALTH
CORPORATION LOCATED IN DILLINGHAM, ALASKA, AND FOR OTHER PURPOSES
_______
March 25, 2019.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 224]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 224) to provide for the conveyance of certain property
to the Tanana Tribal Council located in Tanana, Alaska, and to
the Bristol Bay Area Health Corporation located in Dillingham,
Alaska, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
PURPOSE
The bill, S. 224, would direct the Secretary of the U.S.
Department of Health and Human Services (HHS) to convey certain
properties to the Tanana Tribal Council (TTC), located in
Tanana, Alaska, and to the Bristol Bay Area Health Corporation
(BBAHC), located in Dillingham, Alaska. Under this bill, the
TTC and the BBAHC would have the ability to expand and
construct new health care facilities on the properties to
provide improved health services to their respective rural
service populations.
SUMMARY OF THE BILL AND NEED FOR LEGISLATION
This bill, S. 224, would direct the Secretary of the HHS to
convey certain property to the TTC located in Tanana, Alaska
for use in connection with health and social services programs.
The property to be conveyed includes all land, improvements,
and appurtenances on 11.25 acres of land owned by the HHS.
The land to be conveyed to the TTC and described in S. 224
is the site of a former Indian Health Service (IHS) hospital
that has since been removed. The original plot of land
encompassed 20.56 acres. Under the Alaska Native Land Claims
Settlement Act (ANCSA), 9.31 acres were transferred to Tozitna,
Limited, which is the Village of Tanana's Corporation. The
remaining 11.25 acres is the land to be conveyed under this
bill.
The TTC would use the land in Tanana, Alaska, as a location
for a future health clinic, a family wellness center, and an
after care treatment facility. The TTC is also considering
expanding their elder care and developing nursing home services
on the land that would be transferred under S. 224. The Village
of Tanana is only accessible by small plane or boat, and by
snow machine during the winter. Residents must often travel to
larger hub communities, such as Fairbanks or Anchorage, for
medical services. This travel is very costly and prohibits
residents from receiving vital care during severe illness or
injury requiring medivac to a larger hub community.
This bill would also require the Secretary to convey
certain property to the BBAHC located in Dillingham, Alaska for
use in connection with health and social services programs. The
property to be conveyed comprises the Dental Annex of the
Kanakanak Hospital, including all land, improvements, and
appurtenances on 1.474 acres of land owned by the HHS.
The land proposed to be conveyed would be used to build a
free-standing dental facility. The new dental facility will be
much larger than the current dental clinic that is located
within the Kanakanak Hospital Compound in Dillingham. The
proposed dental facility will be able to provide more dental
services to the BBAHC's service population of 8,000. The BBAHC
also provides health services to many surrounding communities
in the south-west region of Alaska.
The BBAHC accepted a quitclaim deed from the HHS in order
to begin construction of the dental facility during Alaska's
short construction season. Under S. 224, the land would be
conveyed through a warranty deed that would supersede any
existing quitclaim deed. This conveyance would allow the BBAHC
to have more control over the land and more opportunities for
financing, as well as remove any revisionary interests from the
HHS.
Both conveyances of land would shield the TTC and the BBAHC
from liability for any environmental contaminations on the
conveyed properties on or before the date on which the property
is conveyed to TTC and BBAHC. The Secretary would also be
accorded any easement to the conveyed properties as may be
reasonably necessary to satisfy an 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.\1\
---------------------------------------------------------------------------
\1\Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. Sec. 9620(h)(3) (1980).
---------------------------------------------------------------------------
LEGISLATIVE HISTORY
On January 24, 2019, Senator Murkowski with Senator
Sullivan introduced S. 224, the a bill to provide for the
conveyance of certain property to the Tanana Tribal Council
located in Tanana, Alaska, and to the Bristol Bay Area Health
Corporation located in Dillingham, Alaska, and for other
purposes. On January 29, 2019, the Committee on Indian Affairs
of the Senate met at a duly called business meeting to consider
twelve bills, including S. 224. No amendments were filed to S.
224. The Committee passed all twelve bills, including S. 224,
en bloc by voice vote and ordered the bills to be reported
favorably.
This bill is similar to three other bills that were passed
by the Committee and signed into law in 2013 and 2015.\2\
---------------------------------------------------------------------------
\2\See, A bill to provide for the conveyance of certain property to
the Yukon Kuskokwim Health Corporation located in Bethel, Alaska, Pub.
L. No. 114-56 (2015); Alaska Native Tribal Health Consortium Land
Transfer Act, Pub. L. No. 113-68 (2013); 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).
---------------------------------------------------------------------------
115th Congress. On February 1, 2017, Senators Murkowski and
Sullivan introduced the predecessor bill, S. 269. The Committee
met at a duly called business meeting to consider S. 269 on
February 8, 2017. At this business meeting, the Committee
ordered the bill to be reported favorably without amendment.
On March 22, 2018, the Senate passed S. 269 without
amendment by unanimous consent. The bill was received by the
House of Representatives on March 26, 2018 and later referred
to the Committee on Natural Resources of the House of
Representatives, Subcommittee on Indian, Insular, and Alaska
Native Affairs and the Committee on Energy and Commerce of the
House of Representatives, Subcommittee on Environment. No
further action was taken on S. 269.
On January 3, 2017, Representative Don Young introduced a
companion bill, H.R. 236. The bill was referred to the
Committee on Natural Resources of the House of Representatives,
Subcommittee on Indian, Insular, and Alaska Native Affairs and
the Committee on Energy and Commerce of the House of
Representatives, Subcommittee on Health. No further action was
taken on H.R. 236.
114th Congress. On December 17, 2015, Senators Murkowski
and Sullivan introduced S. 2421. The Committee on Indian
Affairs held a legislative hearing on this bill on April 13,
2016.
The companion bill, H.R. 4289, was introduced in the House
of Representatives by Representative Don Young on December 17,
2015 and referred to the Subcommittee on Indian, Insular, and
Alaska Native Affairs of the Committee on Natural Resources,
with a sequential referral to the Committee on Energy and
Commerce. No further action was taken on H.R. 4289.
SECTION-BY-SECTION ANALYSIS
Section 1. Conveyance of property to the Tanana Tribal Council
Section 1 directs the Secretary of Health and Human
Services to transfer all right, title, and interest of 11.25
acres in the village of Tanana, Alaska to the TTC for use in
connection with health and social services programs within 180
days of enactment of the Act.
This section also states that the conveyance of this
warranty deed shall supersede and render of no future effect
any quitclaim deed to the property. The bill further provides
that the Secretary convey the land via warranty deed and shall
not require any consideration from the TTC, impose any
additional obligation, term, or condition to the TTC in order
for it to provide improved health services to their respective
rural service populations, or allow for any reversionary
interest of the United States in the property.
The bill provides that the TTC shall not be liable for any
soil, surface water, groundwater, or other contamination
resulting from the disposal, release, or presence of any
environmental contamination on any portion of the property on
or before the date on which the property is conveyed to the
TTC. An environmental contamination includes any oil or
petroleum products, hazardous substances, 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.
Under the bill, the Secretary shall be accorded any
easement or access to the property conveyed under this section
as may be reasonably necessary to satisfy any retained
obligation or liability of the Secretary. This section also
provides that the Secretary shall comply with subparagraphs (A)
and (B) of section 120(h)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) on
the property described.
Section 2. Conveyance of property to the Bristol Bay Area Health
Corporation
Section 2 directs the Secretary of Health and Human
Services to transfer all right, title, and interest of 1.474
acres in the Bristol Bay Recording District in Dillingham,
Alaska to the BBAHC for use in connection with health and
social services programs within 180 days of enactment of the
Act. The section states that the conveyance of this warranty
deed shall supersede and render of no future effect any
quitclaim deed to the property.
The bill further provides that the Secretary convey the
land via warranty deed and shall not require any consideration
from the BBAHC, impose any additional obligation, term, or
conditions to the BBAHC in order for it to provide improved
health services to their respective rural service populations,
or allow for any reversionary interest of the United States in
the property.
The bill provides that the BBAHC shall not be liable for
any soil, surface water, groundwater, or other contamination
resulting from the disposal, release, or presence of any
environmental contamination on any portion of the property on
or before the date on which the property is conveyed to the
BBAHC. An environmental contamination includes any oil or
petroleum products, hazardous substances, 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.
Under the bill, the Secretary shall be accorded any
easement or access to the property conveyed under this section
as may be reasonably necessary to satisfy any retained
obligation or liability of the Secretary. This section also
provides that the Secretary shall comply with subparagraphs (A)
and (B) of section 120(h)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) on
the property described.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated March 4, 2019, was prepared
for S. 224:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 4, 2019.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 224, a bill to
provide for the conveyance of certain property to the Tanana
Tribal Council located in Tanana, Alaska, and to the Bristol
Bay Area Health Corporation located in Dillingham, Alaska, and
for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert
Stewart.
Sincerely,
Keith Hall,
Director.
Enclosure.
S. 224--To provide for the conveyance of certain property to the Tanana
Tribal Council located in Tanana, Alaska, and to the Bristol
Bay Area Health Corporation located in Dillingham, Alaska, and
for other purposes
S. 224 would authorize the Secretary of Health and Human
Services (HHS) to convey a parcel of land in Tanana, Alaska, to
the Tanana Tribal Council (TTC) and another parcel of land in
Dillingham, Alaska, to the Bristol Bay Area Health Corporation
(BBAHC). The conveyances would be made by a warranty deed,
which is a type of deed that guarantees a clear title to the
new owner of the property.
The Indian Self-Determination and Education Act (ISDEAA)
allows tribal entities to assume responsibility for providing
health care services funded by the Indian Health Service (IHS).
The TTC is a non-profit health care and social services
corporation that operates facilities under the ISDEAA in 39
communities throughout Alaska. The BBAHC is a non-profit health
care corporation that operates facilities under the ISDEAA in
28 communities throughout Southwest Alaska. According to IHS,
neither the TTC nor the BBAHC currently pays rent or any other
remuneration to IHS for the use of the land to be transferred.
Consequently, CBO estimates that enacting S. 224 would have a
negligible effect on the federal budget. Furthermore, any
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is Robert Stewart.
The estimate was reviewed by Leo Lex, 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 S. 224 will have
minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 224.
CHANGES IN EXISTING LAW
In accordance with Committee Rules, subsection 12 of rule
XXVI of the Standing Rules of the Senate is waived. In the
opinion of the Committee, it is necessary to dispense with
subsection 12 of rule XXVI of the Standing Rules of the Senate
to expedite business of the Senate.