[Congressional Record Volume 158, Number 165 (Thursday, December 20, 2012)]
[Senate]
[Page S8308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MANIILAQ ASSOCIATION CONVEYANCE ACT
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 566, H.R. 443.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 443) to provide for the conveyance of certain
property from the United States to the Maniilaq Association
located in Kotzebue, Alaska.
There being no objection, the Senate proceeded to consider the bill.
Mr. DURBIN. I further ask that the Murkowski substitute amendment at
the desk be agreed to; the bill, as amended, be read a third time and
passed; the motions to reconsider be considered made and laid on the
table, with no intervening action or debate; and that any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3423) was agreed to, as follows:
(Purpose: In the nature of a substitute)
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 to 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 recorded 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 or State of Alaska law, on any property
described in section 2 on or before the date on which all of
the properties described in section 2 were conveyed by
quitclaim deed.
(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)).
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 443), as amended, was read the third time and passed.
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