II 112th CONGRESS 1st Session S. 1898 IN THE SENATE OF THE UNITED STATES November 17, 2011 Ms. Murkowski (for herself and Mr. Begich) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To provide for the conveyance of certain property from the United States to the Maniilaq Association located in Kotzebue, Alaska.

1.

Conveyance of property to Maniilaq Association

(a)

Conveyance of property

(1)

In general

Subject to paragraph (2), as soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act 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 subsection (b) for use in connection with health and social services programs. (2)

Conditions

The conveyance under this subsection shall be made by warranty deed— (A)without consideration or imposition of any obligation, term, or condition on the Maniilaq Association; and (B)without any reversionary interest of the United States, other than a reversionary interest 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)). (3)

Effect

The conveyance by the Secretary of title by warranty deed to property under this subsection supersedes and renders of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Maniilaq Association. (b)

Property described

The following properties, including all land and appurtenances, shall be conveyed pursuant to subsection (a): (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 (KIC Site)

Re-Plat of Friends Mission Reserve, U.S. Survey 2082, Lot 1 A, Block 13, Kotzebue, Alaska, containing 5.229 acres recorded in the Kotzebue Recording District, Kotzebue, Alaska, on December 23, 1991. (3)

Kotzebue Quarters (Nana Site)

Lot 1 B, 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. (c)

Environmental liability

(1)

In general

As of the date of the conveyance and 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 subsection (b). (2)

Easement

As a condition of the conveyance under this Act, the Maniilaq Association shall provide to the Secretary any easement or access to the property conveyed that the Secretary determines necessary to satisfy any retained obligation or liability of the Secretary. (3)

Notice of hazardous substance activity and warranty

In carrying out this Act, 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 (42 U.S.C. 9620(h)(3)).