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                                                        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.