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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,
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
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
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
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
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
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.
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
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
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