[Senate Report 114-362]
[From the U.S. Government Publishing Office]
Calendar No. 650
114th Congress } { Report
SENATE
2d Session } { 114-362
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A BILL TO PROVIDE FOR THE CONVEYANCE OF CERTAIN PROPERTY TO THE TANANA
TRIBAL COUNCIL LOCATED IN TANANA, ALASKA, AND TO THE BRISTOL BAY AREA
HEALTH CORPORATION LOCATED IN DILLINGHAM, ALASKA, AND FOR OTHER
PURPOSES
_______
September 27, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 2421]
The Committee on Indian Affairs, to which was referred the
bill (S. 2421) to provide for the conveyance of certain
property to the Tanana Tribal Council located in Tanana,
Alaska, and to the Bristol Bay Area Health Corporation located
in Dillingham, Alaska, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE
The bill, S. 2421, would direct the Secretary of the U.S.
Department of Health and Human Services to convey certain
properties to the Tanana Tribal Council, located in Tanana,
Alaska, and the Bristol Bay Area Health Corporation, located in
Dillingham, Alaska. The property transfer authorized by this
bill would enable the Tanana Tribal Council and the Bristol Bay
Area Health Corporation to expand and construct new health care
facilities on the properties to provide improved health
services to their respective rural service populations.
BACKGROUND
The Tanana Tribal Council (TTC) is the governing body to
1,460 tribal members. The village of Tanana is predominantly an
Alaska Native rural community. The village of Tanana is only
accessible by small plane or boat and, during the winter, by
snow machine. Residents must often travel to larger hub
communities, such as Fairbanks or Anchorage, for medical
services. Traveling to the larger hub communities is very
costly and prohibits residents from receiving vital health care
if a severe illness or injury occurred and required a medical
evacuation.
The land described in and to be transferred by S. 2421 is
the site of a former Indian Health Service (IHS) hospital that
has since been removed from the land. The original plot of land
encompassed 20.56 acres. Under the Alaska Native Land Claims
Settlement Act (ANCSA), 9.31 acres were transferred to Tozitna,
Limited, which is the village of Tanana's corporation. The
remaining 11.25 acres is the land to be conveyed to TTC under
this bill.
The Bristol Bay Area Health Corporation (BBAHC) was
incorporated in 1973. The BBAHC began managing and operating
the Kanakanak Hospital and the IHS Bristol Bay Service Unit in
1980, becoming the first tribal organization to do so under the
Indian Self-Determination and Education Assistance Act (Public
Law 93-638). In 1994, the BBAHC became an original party to the
Alaska Tribal Health Compact (Title III of Public Law 93-638),
a government-to-government agreement with the United States.
This agreement allowed for the BBAHC to exercise greater
control over health care services to American Indian and Alaska
Natives.
NEED FOR LEGISLATION
The TTC intends to use the land in Tanana, Alaska as a
location for a future health clinic, a family wellness center,
and an after care treatment facility. The TTC is also
considering expanding their elder care and developing nursing
home services on the land that would be transferred under S.
2421.
The BBAHC intends to use the land to build a free-standing
dental facility. The new dental facility will be much larger
than the current dental clinic located within the Kanakanak
Hospital Compound in Dillingham. The BBAHC will be able to
provide more dental services to the service population of
8,000. The Kanakanak Health Compound is able to provide health
care services to many surrounding communities in the south-west
region of Alaska.
The IHS issued a quitclaim deed to the BBAHC. Under S.
2421, the land would be conveyed to BBAHC through a warranty
deed that would supersede any existing quitclaim deed. This
would allow the BBAHC to have more control over the land and
more opportunities for financing and remove any reversionary
interest from the IHS.
LEGISLATIVE HISTORY
On December 17, 2015, Senator Murkowski with Senator
Sullivan introduced S. 2421, A bill to provide for the
conveyance of certain property to the Tanana Tribal Council
located in Tanana, Alaska, and to the Bristol Bay Area Health
Corporation located in Dillingham, Alaska, and for other
purposes. The Committee held a legislative hearing on April 13,
2016. The Committee held a duly called business meeting on
April 27, 2016, to consider S. 2421. The Committee ordered the
bill to be reported favorably without amendment.
The bill, S. 2421, is similar to three other bills that
were passed by the Committee and signed into law in 2013 and
2015.\1\
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\1\See, A bill to provide for the conveyance of certain property to
the Yukon Kuskokwim Health Corporation located in Bethel, Alaska, Pub.
L. No. 114-56 (2015); Alaska Native Tribal Health Consortium Land
Transfer Act, Pub. L. No. 113-68 (2013); To provide for the conveyance
of certain property from the United States to the Maniilaq Association
located in Kotzebue, Alaska, Pub. L. No. 112-263 (2013).
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The House companion bill, H.R. 4289, To provide for the
conveyance of certain property to the Tanana Tribal Council
located in Tanana, Alaska, and to the Bristol Bay Area Health
Corporation located in Dillingham, Alaska, and for other
purposes, was introduced by Representative Don Young on
December 17, 2015. The bill, H.R. 4289, was referred to the
Committee on Natural Resources and the Committee on Energy and
Commerce of the House of Representatives on December 17, 2015.
On December 18, 2015, the bill was referred to the Subcommittee
on Environment and the Economy of the Committee on Energy and
Commerce of the House of Representatives.
On December 22, 2015, the bill was referred to the
Subcommittee on Indian, Insular, Alaska Native Affairs of the
Committee on Natural Resources of the House of Representatives.
On May 18, 2016, the Subcommittee on Indian, Insular, and
Alaska Native Affairs held a legislative hearing on the bill.
SECTION-BY-SECTION ANALYSIS
Section 1. Conveyance of property to the Tanana Tribal Council
This section directs the Secretary of Health and Human
Services (Secretary) to transfer all right, title, and interest
of 11.25 acres in the village of Tanana, Alaska to the Tanana
Tribal Council (TTC) within 180 days of enactment of S. 2421.
Effects on any quitclaim deed. The conveyance of this
warranty deed shall supersede and render of no future effect
any quitclaim deed to the property.
Conditions. This section provides that the Secretary convey
the land by warranty deed and shall not require any
consideration from the TTC, impose any obligation, term, or
condition to the TTC, or allow for any reversionary interest of
the United States in the property.
Environmental Liability. This section provides that the TTC
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 on or before the date on which the property is
conveyed to the TTC. An environmental contamination 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.
Easement. The Secretary shall be accorded any easement or
access to the property conveyed under this section as may be
reasonably necessary to satisfy any retained obligation or
liability of the Secretary.
This section also provides that 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 (CERCLA) on the property described.
Sec. 2. Conveyance of property to the Bristol Bay Area Health
Corporation
This section directs the Secretary to transfer all right,
title, and interest of 1.474 acres in the Bristol Bay Recording
District in Dillingham, Alaska to the Bristol Bay Area Health
Corporation (BBAHC) within 180 days of enactment of the Act.
Effects on any quitclaim deed. The conveyance of this
warranty deed shall supersede and render of no future effect
any quitclaim deed to the property.
Conditions. This section provides that the Secretary convey
the land by warranty deed and shall not require any
consideration from the BBAHC, impose any obligation, term, or
conditions to the BBAHC, or allow for any reversionary interest
of the United States in the property.
Environmental Liability. The Act provides that the BBAHC
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 on or before the date on which the property is
conveyed to the BBAHC. An environmental contamination includes
any soil or petroleum products, hazardous substances, hazardous
materials, hazardous waste, pollutants, toxic substances, or
any other environmental contamination or hazard as defined in
any Federal or State of Alaska law.
Easement. The Secretary shall be accorded any easement or
access to the property conveyed under this section as may be
reasonably necessary to satisfy any retained obligation or
liability of the Secretary.
This section also provides that the Secretary shall comply
with subparagraphs (A) and (B) of section 120(h)(3) of the
CERCLA on the property described.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated June 28, 2016, was prepared
for S. 2421:
June 28, 2016.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2421, a bill to
provide for the conveyance of certain property to the Tanana
Tribal Council located in Tanana, Alaska and to the Bristol Bay
Area Health Corporation located in Dillingham, Alaska, and for
other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert
Stewart.
Sincerely,
Keith Hall.
S. 2421--A bill to provide for the conveyance of certain property to
the Tanana Tribal Council located in Tanana, Alaska and to the
Bristol Bay Area Health Corporation located in Dillingham,
Alaska, and for other purposes
S. 2421 would authorize the Secretary of Health and Human
Services (HHS) to convey one parcel of land in Tanana, Alaska,
to the Tanana Tribal Council (TTC) and another parcel in
Dillingham, Alaska, to the Bristol Bay Area Health Corporation
(BBAHC). The conveyances would be made by a warranty deed,
which is a type of deed that guarantees a clear title to the
new owner of the property.
The Indian Self-Determination and Education Act allows
tribal entities to assume responsibility for providing health
care services funded by the Indian Health Service (IHS). The
TTC, the governing body for 1,460 tribal members and the
village of Tanana, Alaska, plans to build a community wellness
center under the authority of that act on the parcel of land
that would be transferred to them under this bill. The BBAHC,
which has been managing and operating the Kanakanak Hospital
and the Bristol Bay Service Unit for the IHS since 1980, plans
to build a free-standing dental clinic on the other parcel that
would be transferred under this bill. According to IHS, the TTC
and BBAHC currently do not pay rent or any other remuneration
to IHS for the use of these parcels. Consequently, CBO
estimates that enacting S. 2421 would not have a significant
effect on the federal budget.
Because enacting S. 2421 would not affect direct spending
or revenues, pay-as-you-go procedures do not apply. CBO
estimates that enacting the bill would not increase net direct
spending or on-budget deficits in one or more of the four
consecutive 10-year periods beginning in 2027.
S. 2421 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Robert Stewart.
The estimate was approved by Holly Harvey, Deputy Assistant
Director for Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 2421 will
have minimal impact of regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 2421.
CHANGES IN EXISTING LAW
In accordance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the bill, S. 2421, as ordered
reported, would make no changes in existing law.
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