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112th Congress                                            Rept. 112-318
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
    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.