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114th Congress  ]                                    [  Rept. 114-217
                        HOUSE OF REPRESENTATIVES
 1st Session    ]                                    [  Part 1

======================================================================
 
          TO PROVIDE FOR THE CONVEYANCE OF CERTAIN PROPERTY TO THE 
           YUKON KUSKOKWIM HEALTH CORPORATION LOCATED IN BETHEL,  
           ALASKA

                                _______
                                

 July 22, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 521]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 521) 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 with an amendment and recommends 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 (referred to in this Act as the 
``Secretary'') shall convey to the Yukon Kuskokwim Health Corporation 
located in Bethel, Alaska, all the 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 any quitclaim 
deed to the property described in section 2 executed by the Secretary 
and the Yukon Kuskokwim Health Corporation.
  (b) Conditions.--The conveyance of the property under this Act--
          (1) shall be made by warranty deed;
          (2) shall not require any consideration from the Yukon 
        Kuskokwim Health Corporation for the property;
          (3) shall not impose any obligation, term, or condition on 
        the Yukon Kuskokwim Health Corporation; and
          (4) shall not allow for any reversionary interest of the 
        United States in the property.

SEC. 2. PROPERTY DESCRIBED.

  The property, including all land and appurtenances, described in this 
section is that property included in U.S. Survey No. 4000, Lot 2, 
township 8N, Range 71W, Seward Meridian, containing 22.98 acres.

SEC. 3. ENVIRONMENTAL LIABILITY.

  (a) In General.--Notwithstanding any other provision of law, the 
Yukon Kuskokwim Health Corporation 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 or State of Alaska law, on any of the property 
described in section 2 on or before the date on which the property is 
conveyed to the Yukon Kuskokwim Health Corporation.
  (b) Easement.--The Secretary shall be accorded any easement or access 
to the property conveyed under this Act as may be reasonably necessary 
to satisfy any retained obligation or liability of the Secretary.
  (c) Notice of Hazardous Substance Activity and Warranty.--In carrying 
out this Act, 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. 521 is to provide for the conveyance of 
certain property to the Yukon Kuskokwim Health Corporation 
located in Bethel, Alaska.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Yukon Kuskokwim Health Corporation is a non-profit 
Alaska Native organization which administers health care 
services for 11 service area regions in the Yukon Kuskokwim 
Delta region. Through a self-governance compact with the Indian 
Health Service, the Yukon Kuskokwim Health Corporation 
administers a health care delivery system for Alaska Natives 
residing in approximately 50 rural communities in southwest 
Alaska. These Alaska Native Villages have authorized the Yukon 
Kuskokwim Health Corporation to act on their behalf in 
negotiating with the Indian Health Service to provide care 
services under Title V of the Indian Self-Determination and 
Education Assistance Act. This system includes, but is not 
limited to, a regional hospital, community clinics, and sub-
regional clinics. The Yukon Kuskokwim Health Corporation is the 
only full-service health provider in the region.
    The regional hospital that Yukon Kuskokwim Health 
Corporation operates is the Yukon-Kuskokwim Delta Regional 
Hospital. The hospital building is located on 23 acres of land 
which are owned by the Indian Health Service. Since 1993, the 
Yukon Kuskokwim Health Corporation has operated and maintained 
the building on behalf of the Indian Health Service. In recent 
years, the hospital has seen an increase in patient visits, 
which has led to a strain on the 30-year-old hospital building. 
The Yukon Kuskokwim Health Corporation plans to build a 130,000 
square foot primary care clinic attached to the existing Yukon 
Kuskokwim Delta Regional Hospital, and renovate existing space 
to meet demand in the coming years. In 2012, the total project 
was estimated to cost at minimum $250 million. To finance such 
an expansion of the building and renovations, the Yukon 
Kuskokwim Health Corporation applied for the Indian Health 
Services' competitive Joint Venture Construction Program. 
Codified 25 U.S.C. 1680h(e), the Joint Venture Construction 
Program authorizes the Secretary of Health and Human Services 
to enter into agreements with Indian tribes under which tribes 
shall expend non-federal funds for the acquisition or 
construction of a health facility and lease the facility back 
to the Indian Health Service for a period of at least 20 years 
at no cost. The Indian Health Service shall provide staffing 
and supplies for the operation and maintenance of the health 
facility. As outlined in the Joint Venture Construction Program 
criteria, Yukon Kuskokwim Health Corporation must demonstrate 
evidence of sufficient site control to secure the project.
    Although both the Yukon Kuskokwim Health Corporation and 
the Department of Health and Human Services are supportive of 
the land transfer, Congressional action is necessary. Pursuant 
to the United States Constitution, only Congress can dispose of 
federal property. Congress can act pursuant to general property 
disposal statutes, like the Federal Property and Administrative 
Services Act, which authorizes the disposal of surplus federal 
property, or through specific legislation for a specific parcel 
of land. Because this specific parcel of land does not meet the 
requirements for any current general federal land transfer 
Acts, specific legislation is necessary to allow the land 
transfer between the Indian Health Service and Yukon Kuskokwim 
Health Corporation. Transfer to the Corporation under this bill 
by warranty deed will allow it to go forward with the proposed 
expansion of the hospital under the Joint Venture Construction 
Program.

                            COMMITTEE ACTION

    H.R. 521 was introduced on January 22, 2015, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Indian, Insular, and Alaska Native Affairs. It was also 
referred to the Committee on Energy and Commerce. On April 14, 
2015, the Subcommittee held a hearing on the bill. On June 10, 
2015, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent and 
Congressman Young (R-AK) offered Amendment #076 that was 
adopted by unanimous consent. The bill as amended was ordered 
favorably reported to the House of Representatives by unanimous 
consent on June 11, 2015.

            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. 521--A bill to provide for the conveyance of certain property to 
        the Yukon Kuskokwim Health Corporation in Bethel, Alaska

    H.R. 521 would authorize the Secretary of Health and Human 
Services (NHS) to convey a 23-acre parcel of land in Bethel, 
Alaska to the Yukon Kuskolcwim Health Corporation (YKHC). The 
conveyance 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 
tribal entities to assume responsibility for the provision of 
health care services fimded 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 YICHC 
currently does not pay rent or any other remuneration to IHS 
for the use of the land. As a result, CBO estimates that 
enacting H.R. 521 would not have a significant effect on the 
federal budget. Because enacting the bill would not affect 
direct spending or revenues, pay-as-you-go procedures do not 
apply.
    H.R. 521 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.
    On March 13, 2015, CBO transmitted a cost estimate for S. 
230, as ordered reported by the Senate Committee on Indian 
Affairs, on February 15, 2015. H.R. 521 contains provisions 
similar to those in S. 230, and the CBO cost estimates for 
those provisions are the same.
    The CBO staff contact for this estimate is Robert Stewart. 
The estimate was approved by Holly Harvey, 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. The Congressional 
Budget Office concludes that enactment of this bill ``would not 
have a significant effect on the federal budget.''
    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 is to provide for the conveyance of 
certain property to the Yukon Kuskokwim Health Corporation 
located in Bethel, 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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]