[Congressional Record Volume 158, Number 171 (Monday, December 31, 2012)]
[House]
[Page H7491]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1120
MANIILAQ ASSOCIATION PROPERTY CONVEYANCE
Mr. YOUNG of Alaska. Madam Speaker, I move to suspend the rules and
concur in the Senate amendment to the bill (H.R. 443) to provide for
the conveyance of certain property from the United States to the
Maniilaq Association located in Kotzebue, Alaska.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from Arizona (Mr. Grijalva) each
will control 20 minutes.
The Chair recognizes the gentleman from Alaska.
General Leave
Mr. YOUNG of Alaska. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
There was no objection.
Mr. YOUNG of Alaska. Madam Speaker, I yield myself such time as I may
consume.
My bill, H.R. 443, directs the Indian Health Service to transfer 15
acres of Federal land in Alaska to the Maniilaq Association by warranty
deed. The IHS has already conveyed these lands to the association by
quitclaim deed; however, under Federal Indian health laws, transferring
land by quitclaim deed could present some obstacles to the future use
of the land by the association. The association is a nonprofit entity
that runs Federal Indian health services for Native people in northwest
Alaska. The land subject to this legislation is currently the site of a
Native health facility and of proposed long-term care facilities and
employee housing.
The administration testified in support of the land transfer, and we
have heard no other objections to this bill which passed the House over
a year ago by a 407-4 vote. The Senate amendment before us today makes
four small technical changes to the bill, including changing verb
tenses, clarifying the timing of the conveyance, and clarifying a
definition. None are controversial and, some might say, even necessary.
I, again, thank Chairman Upton of the Energy and Commerce Committee
for allowing H.R. 443, a bill that we share jurisdiction over, to be
considered on the floor today.
I urge the House to adopt the Senate amendment, and I reserve the
balance of my time.
Mr. GRIJALVA. I yield myself such time as I may consume.
Madam Speaker, we do not object to the Senate amendment to H.R. 443,
and I yield back the balance of my time.
Mr. YOUNG of Alaska. Madam Speaker, I have no other requests for
time. I urge the passage of the legislation, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alaska (Mr. Young) that the House suspend the rules and
concur in the Senate amendment to the bill, H.R. 443.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GRIJALVA. Madam Speaker, I object to the vote on the ground that
a quorum is not present and make the point of order that a quorum is
not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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