[Senate Report 116-282]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 576
116th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      116-282

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TO CONVEY LAND IN ANCHORAGE, ALASKA, TO THE ALASKA NATIVE TRIBAL HEALTH 
                   CONSORTIUM, 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. 3100]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 3100) to convey land in Anchorage, Alaska, to the 
Alaska Native Tribal Health Consortium, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill, as amended, 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 
certain property, located in Anchorage, Alaska, to the Alaska 
Native Tribal Health Consortium (ANTHC or Consortium).

                               BACKGROUND

    Founded in 1997, the Alaska Native Tribal Health Consortium 
is a non-profit tribal health organization that provides health 
and social services to more than 180,000 Alaskan Natives and 
American Indians living in Alaska. The Consortium is the 
largest tribal health organization in the country and is 
Alaska's second largest health employer. The Consortium employs 
more than 3,000 people at the Alaska Native Medical Center 
which provides: wellness programs; disease research and 
prevention; rural provider training; and rural water and 
sanitation systems construction.

                          SUMMARY OF THE BILL

    Within 180 days of enactment of this Act, HHS will convey 
two parcels of land described in the bill, including all 
rights, title, and interest, to the Consortium by warranty 
deed. The Consortium has maintained the land and uses the land 
for the storage and shipping of sanitation project equipment. 
The warranty deed will supersede and render no further effect 
any quitclaim deed to the land.
    The bill also provides that the Consortium will not be 
liable for any environmental contamination on the land prior to 
the conveyance. The Secretary of HHS will have any easement or 
access to the property, as reasonably necessary to satisfy any 
retained obligations or liabilities. The Secretary of HHS shall 
also comply with subparagraphs (A) and (B) of section 120(h)(3) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980.

                          LEGISLATIVE HISTORY

    On December 18, 2019, Senators Lisa Murkowski (R-AK) and 
Dan Sullivan (R-AK) introduced S. 3100, the Alaska Native 
Tribal 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 Indian Health Service, submitted a statement 
for the record which supported the purpose of S. 3100 and 
provided technical changes to address potential implementation 
challenges. The Committee held a duly called business meeting 
on July 29, 2020, to consider eleven bills, including S. 3100.
    Amendment. One amendment (KEN20131) was timely filed by 
Senator Murkowski. The amendment, in the nature of a 
substitute, makes technical corrections and clarifications at 
the suggestion of HHS with approval by the Consortium. The 
amendment alters the land conveyance time from two years to one 
year and clarifies the environmental contamination liabilities 
of the Consortium and HHS.
    During the Committee's consideration of S. 3100, Senator 
Lisa Murkowski requested that amendment KEN20131 be removed 
from the business meeting agenda and that the Committee rules, 
with the consent from Chairman Hoeven and Vice Chairman Udall, 
be waived to permit the filing of an untimely amendment in the 
nature of a substitute (KEN20137). Committee rules require 
amendments to be filed 48 hours prior to a business meeting. 
Both Chairman Hoeven and Vice Chairman Udall agreed to the 
requests to remove amendment KEN20131 from Committee 
consideration and waive the Committee rules to consider 
amendment KEN20137 at the business meeting.
    The substitute amendment, KEN20137, states the conveyance 
of property must occur no later than two years after the date 
of enactment and clarifies the environmental liabilities of 
both the Consortium and HHS. This amendment came at the 
suggestion of HHS, with the approval of the Consortium, to 
allow for a sufficient amount of time to convey the land and to 
clarify when the Consortium and the HHS would be liable for 
environmental contamination. The Committee passed S. 3100, as 
amended, by voice vote and ordered the bill to be favorably 
reported.
    This bill, S. 3100, is the first to be introduced in the 
Senate in any Congress, but is similar to other bills that were 
passed by the Committee and signed into law in 2013, 2015, and 
2018.\1\ At this time, there is no House companion bill.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                          NEED FOR LEGISLATION

    The bill, S. 3100, conveys two parcels of HHS land to the 
Consortium. The land to be conveyed by warranty deed will grant 
the Consortium the ability to improve the land and to ensure 
ownership of any future improvements. The transfer by warranty 
deed will also allow the Consortium to obtain financing for 
construction improvements.

           SECTION-BY-SECTION ANALYSIS OF S. 3100, AS AMENDED

Section 1. Short title

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

Sec. 2. Conveyance of property to the Alaska Native Tribal Health 
        Consortium

    Section 2(a)(1) directs the Secretary of Health and Human 
Services to convey all right, title, and interest of the land 
described in subsection (b) by warranty deed to the Alaska 
Native Tribal Health Consortium not later than two years after 
the date of enactment of this Act. The land will continue to be 
used for health programs.
    Section 2(a)(2) provides conditions for the conveyance of 
the property, including--
          (1) must be made by warranty deed; and
          (2) will not require any consideration by the 
        Consortium; impose any obligations, term, or condition 
        on the Consortium; or allow for any reversionary 
        interest.
    Section 2(a)(3) 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.
    Section 2(b) provides the physical property description of 
the two lots of land, including all improvements and 
appurtenances, in Anchorage, Alaska.
    Section 2(c)(1)(A) states that ANTHC 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 subsection (b) occurring on or before the date the 
property is conveyed to the Consortium. Additionally, the 
Secretary 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 
subsection (b) occurring after the date when the Consortium 
controlled, occupied, and began using the property.
    Section 2(c)(1)(B) 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.
    Section 2(c)(2) authorizes the Secretary any easement or 
access to the conveyed property as may be reasonably necessary 
to satisfy any retained obligation or liability.
    Section 2(c)(3) 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. 3100, the Alaska 
Native Tribal 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. 3100 would authorize the Secretary of Health and Human 
Services (HHS) to convey a parcel of land in Anchorage, Alaska, 
to the Alaska Native Tribal Health Consortium (ANTHC). 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 ANTHC is a nonprofit health care and social services 
corporation that operates facilities under the ISDEAA in 
communities throughout Alaska. According to IHS, the ANTHC 
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. 3100 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. 3100 will have 
minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 3100.

                        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]