[Senate Report 116-281]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 575
116th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      116-281

======================================================================



 
  TO PROVIDE FOR THE CONVEYANCE OF CERTAIN PROPERTY TO THE SOUTHEAST 
  ALASKA REGIONAL HEALTH CONSORTIUM LOCATED IN SITKA, ALASKA, AND FOR 
                             OTHER PURPOSES

                                _______
                                

 October 20 (legislative day, October 19), 2020.--Ordered to be printed

                                _______
                                

           Mr. Hoeven, from the Committee on Indian Affairs,
                        submitted the following

                              R E P O R T

                         [To accompany S. 3099]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 3099) to provide for the conveyance of certain 
property to the Southeast Alaska Regional Health Consortium 
located in Sitka, Alaska, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of this bill is to direct the Secretary of the 
U.S. Department of Health and Human Services (HHS) to convey 
two land parcels in Sitka, Alaska, to the Southeast Alaska 
Regional Health Consortium (SEARHC). The property transfer 
authorized by this bill would enable the SEARHC to renovate the 
existing structures and construct new health care facilities to 
improve services for the surrounding communities in southeast 
Alaska.

                               BACKGROUND

    Founded in 1975, the SEARHC is one of the oldest and 
largest Native-run health organizations in the country. SEARHC 
is a non-profit health consortium that provides health and 
social services to 18 Native communities, including the 
Tlingit, Haida, and Tsimshian peoples, in southeast Alaska.
    Following passage of the Indian Self-Determination and 
Education Assistance Act in 1976, SEARHC began contracting with 
the Indian Health Service (IHS) to assume management of the 
Community Health Aide Program (CHAP). The CHAP allows community 
health aides to work with licensed providers in offering 
medical, dental, and behavioral health care services to Indian 
patients living in remote areas of Alaska. In 2018, the IHS 
formed the CHAP Tribal Advisory Group and later expanded 
policies for the program to be offered throughout the country.
    SEARHC controls and operates Mt. Edgecumbe Hospital (MEH), 
the regional hospital that provides obstetrics, surgery, 
perioperative, acute, and critical care to the residents of 
Sitka and surrounding areas. Near the end of World War II, the 
U.S. Department of War constructed MEH to treat patients with 
tuberculosis. As the oldest hospital in Alaska, MEH needs 
renovations or replacement in order to continue providing 
quality health care services to the community.
    HHS currently holds title to the land. The SEARHC is 
requesting passage of federal legislation that transfers title 
of the land and its facilities by warranty deed from HHS to 
SEARHC to make renovations to and replace aging MEH buildings.

                          SUMMARY OF THE BILL

    Under Section 2 of S. 3099, within 2 years of enactment of 
the Act, HHS will transfer 10.87 acres of the described land, 
including all right, title, and interest, to SEARHC by warranty 
deed. The land to be conveyed is comprised of two parcels that 
are being considered for renovations and expansion to MEH 
property. Once conveyed, the warranty deed supersedes and 
renders no further effect of any quitclaim deeds to the land.
    Section 4 states that SEARHC will not be liable for any 
environmental contamination on the land prior to the 
conveyance. The bill also states the Secretary of HHS will not 
be liable for any contamination from the date SEARHC assumes 
control, occupies, and uses the land. Any easement or access to 
the property, as reasonably necessary in order to satisfy any 
obligations or liabilities, will be provided to the Secretary 
of HHS. Compliance with subparagraphs (A) and (B) of section 
120(h)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 will be complied with 
by the Secretary of HHS.

                          LEGISLATIVE HISTORY

    On December 18, 2019, Senators Lisa Murkowski (R-AK) and 
Dan Sullivan (R-AK) introduced S. 3099, the Southeast Alaska 
Regional Health Consortium Land Transfer Act of 2019. The 
Senate Committee on Indian Affairs (Committee) held a 
legislative hearing on June 24, 2020. Rear Admiral Michael 
Weahkee, Director of the IHS, submitted a statement for the 
record supporting the purpose of S. 3099 and provided technical 
changes to address potential implementation challenges. Mr. 
Charles Clement, President and Chief Executive Officer of 
SEARHC, also provided a statement for the record supporting S. 
3099. The Committee held a duly called business meeting on July 
29, 2020, to consider eleven bills, including S. 3099. No 
amendments were filed to the bill. The Committee passed S. 
3099, en bloc with three other bills by voice vote, and ordered 
the bill to be favorably reported.
    This bill, S. 3099, is the first time to be introduced in 
the Senate of any Congress but is similar to other bills that 
were passed by the Committee and signed into law in 2013, 2015 
and 2018.\1\
---------------------------------------------------------------------------
    \1\See Southeast Alaska Regional Health Consortium Land Transfer 
Act of 2017, Pub. L. No. 115-326 (2018); 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).
---------------------------------------------------------------------------
    At this time, there is no House companion bill.

                          NEED FOR LEGISLATION

    SEARHC intends to use the transferred land located in 
Sitka, Alaska for health care facility renovations and the 
future expansion of MEH. Without the conveyance of title by 
warranty deed, SEARHC will be less likely to secure needed 
financing for hospital renovations and new facilities 
construction. The land conveyance will also provide SEARHC with 
more control and oversight of the properties which will result 
in enhanced access to health care services in the area.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 states that the Act may be cited as the 
``Southeast Alaska Regional Health Consortium Land Transfer Act 
of 2019''.

Sec. 2. Conveyance of property

    Subsection (a) directs the Secretary of Health and Human 
Services to convey all right, title, and interest of the land 
described in Section 3 by warranty deed to the Southeast Alaska 
Regional Health Consortium no later than two years after the 
date of enactment of this Act. The land will continue to be 
used for health and social services programs.
    Subsection (b) provides conditions for the conveyance of 
the property, including--
          (1) must be made by warranty deed; and
          (2) will not to require any consideration by the 
        Consortium; impose any obligation, term, or condition 
        on the Consortium; or allow for any reversionary 
        interest.
    Subsection (c) states that on the effective date of the 
conveyance, the warranty deed will supersede and render no 
future effect any quitclaim deed to the property.

Sec. 3. Property described

    Section 3 provides the physical property description of 
10.87 acres, including all appurtenances, in Sitka, Alaska.

Sec. 4. Environmental liability

    Subsection (a)(1) states that SEARHC will 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 land 
described in Section 3 on or before the date the property is 
conveyed to the Consortium.
    Subsection (a)(2) describes environmental contamination to 
include any oil or petroleum products, hazardous substances, 
hazardous materials, hazardous waste, pollutants, toxic 
substances, solid waste, or any other environmental 
contamination or hazard defined in any Federal or State of 
Alaska law.
    Subsection (b) authorizes the Secretary any easement or 
access to the conveyed property as may be reasonably necessary 
to satisfy any retained obligation or liability.
    Subsection (c) requires the Secretary to comply with 
subparagraphs (A) and (B) of section 120(h)(3) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980.

                   COST AND BUDGETARY CONSIDERATIONS

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 3, 2020.
Hon. John Hoeven,
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. 3099, the Southeast 
Alaska Regional Health Consortium Land Transfer Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert 
Stewart.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 3099 would authorize the Secretary of Health and Human 
Services (HHS) to convey a parcel of land in Sitka, Alaska, to 
the Southeast Alaska Regional Health Consortium (SARHC). The 
conveyance 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 (ISDEAA) 
allows tribal entities to assume responsibility for providing 
health care services funded by the Indian Health Service (IHS). 
The SARHC is a nonprofit health care and social services 
corporation that operates facilities under the ISDEAA in 
southeast communities throughout Alaska. According to IHS, the 
SARHC currently does not pay rent or any other remuneration to 
IHS for the use of the land to be transferred. Consequently, 
CBO estimates that enacting S. 3099 would not affect direct 
spending or revenues and would have a negligible effect on 
spending subject to appropriation for IHS staff to facilitate 
the land transfer.
    The CBO staff contact for this estimate is Robert Stewart. 
The estimate was reviewed by Leo Lex, Deputy 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 S. 3099 will have 
minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 3099.

                        CHANGES IN EXISTING LAW

    On February 6, 2019, the Committee unanimously approved a 
motion to waive subsection 12 of rule XXVI of the Standing 
Rules of the Senate. In the opinion of the Committee, it is 
necessary to dispense with subsection 12 of rule XXVI of the 
Standing Rules of the Senate to expedite the business of the 
Senate.

                                  [all]