[Congressional Record Volume 167, Number 207 (Wednesday, December 1, 2021)]
[Senate]
[Pages S8871-S8872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4865. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 3867 proposed by Mr. Reed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. CONVEYANCES OF TRIBAL PROPERTY.
(a) Conveyance of Property to the Tanana Tribal Council.--
(1) Conveyance of property.--
(A) In general.--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
section as the ``Secretary'') shall convey to the Tanana
Tribal Council located in Tanana, Alaska (referred to in this
subsection as the ``Council''), all right, title, and
interest of the United States in and to the property
described in paragraph (2) for use in connection with health
and social services programs.
(B) Conditions.--The conveyance of the property under
subparagraph (A)--
(i) shall be made by warranty deed; and
(ii) shall not--
(I) require any consideration from the Council for the
property;
(II) impose any obligation, term, or condition on the
Council; or
(III) allow for any reversionary interest of the United
States in the property.
(C) Effect on any quitclaim deed.--The conveyance by the
Secretary of title by warranty deed under subparagraph (A)
shall, on the effective date of the conveyance, supersede and
render of no future effect any quitclaim deed to the property
described in paragraph (2) executed by the Secretary and the
Council.
(2) Property described.--The property, including all land,
improvements, and appurtenances, described in this paragraph
is the property included in U.S. Survey No. 5958 in the
village of Tanana, Alaska, within surveyed lot 12, T. 4 N.,
R. 22 W., Fairbanks Meridian, Alaska, containing 11.25 acres.
(3) Environmental liability.--
(A) Liability.--
(i) In general.--Notwithstanding any other provision of
law, the Council 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 described in
paragraph (2) on or before the date on which the property is
conveyed to the Council.
(ii) Environmental contamination.--An environmental
contamination described in
[[Page S8872]]
clause (i) 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.
(B) Easement.--The Secretary shall be accorded any easement
or access to the property conveyed under this subsection 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 subsection, 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)).
(b) Southeast Alaska Regional Health Consortium Land
Transfer.--
(1) Conveyance of property.--
(A) In general.--As soon as practicable, but not later than
2 years, after the date of enactment of this Act, the
Secretary shall convey to the Southeast Alaska Regional
Health Consortium located in Sitka, Alaska (referred to in
this subsection as the ``Consortium''), all right, title, and
interest of the United States in and to the property
described in paragraph (2) for use in connection with health
and social services programs.
(B) Conditions.--The conveyance of the property under
subparagraph (A)--
(i) shall be made by warranty deed; and
(ii) shall not--
(I) require any consideration from the Consortium for the
property;
(II) impose any obligation, term, or condition on the
Consortium; or
(III) allow for any reversionary interest of the United
States in the property.
(C) Effect on any quitclaim deed.--The conveyance by the
Secretary of title by warranty deed under subparagraph (A)
shall, on the effective date of the conveyance, supersede and
render of no future effect any quitclaim deed to the property
described in paragraph (2) executed by the Secretary and the
Consortium.
(2) Property described.--The property, including all land
and appurtenances, described in this paragraph is the
property included in U.S. Survey 1496, lots 4 and 7,
partially surveyed T. 55 S., R. 63 E., Copper River Meridian,
containing approximately 10.87 acres in Sitka, Alaska.
(3) Environmental liability.--
(A) Liability.--
(i) In general.--Notwithstanding any other provision of
law, the Consortium 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 described in
paragraph (2) on or before the date on which the property is
conveyed to the Consortium, except that the Secretary shall
not be liable for any contamination that occurred after the
date that the Consortium controlled, occupied, and used the
property.
(ii) Environmental contamination.--An environmental
contamination described in clause (i) 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.
(B) Easement.--The Secretary shall be accorded any easement
or access to the property conveyed under this subsection 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 subsection, 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)).
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