[Senate Report 117-13]
[From the U.S. Government Publishing Office]


                                                    Calendar No. 41

117th Congress}                                           { Report
                                SENATE
 1st Session  }                                           { 117-13

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



 
TO CONVEY LAND IN ANCHORAGE, ALASKA, TO THE ALASKA NATIVE TRIBAL HEALTH 
                   CONSORTIUM, AND FOR OTHER PURPOSES

                                _______
                                

                 April 14, 2021.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 548]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill, (S. 548) to convey land in Anchorage, Alaska, to the 
Alaska Native Tribal Health Consortium, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 548 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).

                               BACKGROUND

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

                          SUMMARY OF THE BILL

    S. 548 directs the Secretary of the HHS to convey land 
consisting of 3.5 acres, including all right, title, and 
interest, to ANTHC by warranty deed not later than two years of 
enactment of the Act.

                          NEED FOR LEGISLATION

    The bill, S. 548, conveys two parcels of HHS land to the 
Consortium that it currently uses for shipping and storage of 
sanitation project equipment. The land to be conveyed by 
warranty deed will assist ANTHC with the ability to improve the 
land and to ensure ownership of any improvements. Also, the 
transfer by warranty deed will allow ANTHC to obtain financing 
for these improvements.

                          LEGISLATIVE HISTORY

    On March 2, 2021, Senator Murkowski introduced S. 548. The 
Senate referred S. 548 to the Committee on Indian Affairs 
(Committee) the same day. S. 548 is identical to its 
predecessor bill, S. 3100, as amended, in the 116th Congress. 
The Committee held a duly called business meeting to consider 
nine bills, including S. 548, on March 10, 2021. No amendments 
were filed to S. 548. The Committee passed all nine bills, 
including S. 548, en bloc by voice vote and ordered the bills 
to be reported favorably.
    On January 21, 2021, Representative Young introduced an 
identical bill, H.R. 443. On the same day, the House of 
Representatives referred H.R. 443 to the House Committee on 
Natural Resources, with a sequential referral to the House 
Committee on Energy and Commerce. On February 2, 2021, the 
House Committee on Energy and Commerce referred H.R. 443 to the 
Subcommittee on Health and on February 18 the Committee on 
Natural Resources referred the bill to the Subcommittee for 
Indigenous Peoples of the United States. No further action has 
been taken.
    This bill, S. 548, is similar to other bills that were 
passed by the Committee and signed into law in 2013, 2015, and 
2018.\1\
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    \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).
---------------------------------------------------------------------------

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 states that the Act may be cited as the ``Alaska 
Native Tribal Health Consortium Land Transfer Act of 2021''.

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

    The following cost estimate, as provided by the 
Congressional Budget Office, dated March 24, 2021, was prepared 
for S. 548:

                                                    March 24, 2021.
Hon. Brian Schatz,
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. 548, the Alaska 
Native Tribal Health Consortium Land Transfer Act of 2021.
    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. 548 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. 548 would not affect direct spending 
or revenues and would have an insignificant 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. 548 will have 
minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 548.

                        CHANGES IN EXISTING LAW

    On February 11, 2021, 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]