[Congressional Record (Bound Edition), Volume 157 (2011), Part 14]
[House]
[Pages 20076-20078]
[From the U.S. Government Publishing Office, www.gpo.gov]




                MANIILAQ ASSOCIATION PROPERTY CONVEYANCE

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 443

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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 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,

[[Page 20077]]

     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 recording 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 law, on any property described in section 2 as 
     of the date of the conveyance.
       (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 
Washington (Mr. Hastings) and the gentleman from the Northern Mariana 
Islands (Mr. Sablan) each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  H.R. 443 is sponsored by our colleague from Alaska (Mr. Young). The 
legislation directs the Indian Health Service to transfer three parcels 
of Federal land in Alaska to the Maniilaq Association. The association 
is a nonprofit entity that runs Federal Indian health services for 
Native people in northwest Alaska. The parcels of land subject to this 
legislation, which total about 15 acres, are currently the site of the 
existing Native health facility and of proposed long-term care 
facilities and employee housing.
  The subject lands have already been conveyed by the Secretary to the 
association through a quit claim deed. The Federal Indian health laws, 
however, under these laws, transferring a land through the use of a 
quit claim deed could present some obstacles for the future use of the 
land by the association. H.R. 443 addresses this problem by directing 
the Secretary to convey the property through the use of a warranty 
deed. This method provides clean title to the land. The administration 
testified in support of the land transfer, and we have heard no other 
objection to this bill.
  The bill was referred to the Committee on Energy and Commerce. The 
chairman of that committee, Mr. Upton, has kindly forgone action on the 
bill in the interest of expediting its consideration on the House 
floor. I thank him for his cooperation and at this point would like to 
include in the Record an exchange of letters between our committees 
regarding this bill.

         House of Representatives, Committee on Energy and 
           Commerce,
                                 Washington, DC, December 7, 2011.
     Hon. Doc Hastings,
     Chairman, Committee on Natural Resources, Washington, DC.
       Dear Chairman Hastings: I am writing concerning H.R. 443, 
     to provide for the conveyance of certain property from the 
     United States to the Maniilaq Association located in 
     Kotzebue, Alaska, which was ordered reported out of your 
     Committee on October 5, 2011. I wanted to notify you that the 
     Committee on Energy and Commerce will forgo action on H.R. 
     443 so that it may proceed expeditiously to the House floor 
     for consideration.
       This is being done with the understanding that the 
     Committee on Energy and Commerce is not waiving any of its 
     jurisdiction, and the Committee will not in any way be 
     prejudiced with respect to the appointment of conferees or 
     its jurisdictional prerogatives on this or similar 
     legislation.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 443, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during consideration of 
     the bill on the House floor.
           Sincerely,
                                                       Fred Upton,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                                 Washington, DC, December 7, 2011.
     Hon. Fred Upton,
     Chairman, Committee on Energy and Commerce, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     443, to provide for the conveyance of certain property from 
     the United States to the Maniilaq Association located in 
     Kotzebue, Alaska. As you know, the Committee on Natural 
     Resources ordered the bill reported by unanimous consent on 
     October 5, 2011. The Committee on Natural Resources is 
     interested in bringing this legislation before the House of 
     Representatives, and accordingly, appreciates that the 
     Committee on Energy and Commerce will forego action on the 
     bill.
       The Committee on Natural Resources concurs that by 
     foregoing consideration of H.R. 443 at this time, the 
     Committee on Energy and Commerce does not waive any 
     jurisdiction over the subject matter contained in this or 
     similar legislation. In addition, should a conference on the 
     bill be necessary, I would support your request to have the 
     Committee on Energy and Commerce represented on the 
     conference committee. Finally, I would be pleased to include 
     your letter and this response in the bill report filed by the 
     Committee on Natural Resources, as well as the Congressional 
     Record during floor consideration, to memorialize our 
     understanding.
       Thank you for your cooperation.
           Sincerely,
                                                     Doc Hastings,
                                                         Chairman.

  With that, Mr. Speaker, I urge the House to pass the bill, and I 
reserve the balance of my time.
  Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 443.
  This bill would provide the Maniilaq Association with clear title to 
land previously conveyed to it by the United States. Elimination of 
this restriction would enable the association to obtain loans for 
improvements to the property without Federal involvement.
  I urge my colleagues to support the passage of this legislation, and 
I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 
such time as he may consume to the author of this legislation, the 
gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. I thank the gentleman for yielding, and I want 
to thank Chairman Hastings and the ranking member for their cooperation 
in moving this bill.
  As you said in your explanation, this is a noncontroversial bill. It 
solves the problem for the health providers of that area in Kotzebue.
  I urge the House to pass the bill.
  Mr. SABLAN. Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I urge support of the bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, H.R. 443, as amended.
  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. HASTINGS of Washington. Mr. 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.

[[Page 20078]]



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