[Senate Report 117-14]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 42
117th Congress     }                              {           Report
                                 SENATE
 1st Session       }                              {           117-14

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



 
TO PROVIDE FOR THE CONVEYANCE OF CERTAIN PROPERTY TO THE TANANA TRIBAL 
       COUNCIL LOCATED IN TANANA, ALASKA, 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. 549]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 549) to provide for the conveyance of certain property 
to the Tanana Tribal Council located in Tanana, 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. 549, would direct the Secretary of the U.S. 
Department of Health and Human Services (HHS) to convey certain 
properties to the Tanana Tribal Council (TTC), located in 
Tanana, Alaska. Such conveyance would enable the TTC to expand 
and construct new health care facilities on the properties and 
to provide improved health services to its respective rural 
service populations.

                               BACKGROUND

    The TTC operates the Tanana Tribal Health Center located 
138 miles west of Fairbanks, Alaska. The Tanana Tribal Health 
Center provides mid-level outpatient services, 24-hour urgent 
care, outpatient alcohol counseling, and residential elder 
care. The facilities include the clinic building, housing 
units, and service buildings.

              SUMMARY OF THE BILL AND NEED FOR LEGISLATION

    This bill, S. 549, would direct the Secretary of the HHS to 
convey certain property to the TTC located in Tanana, Alaska 
for use in connection with health and social services programs. 
The property to be conveyed includes all land, improvements, 
and appurtenances on 11.25 acres of land currently owned by the 
HHS.
    The land, as described in S. 549, to be conveyed to the TTC 
is the site of a former Indian Health Service (IHS) hospital 
that has since been removed. 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, the Village of Tanana's corporation. The remaining 
11.25 acres is the land to be conveyed under this bill.
    The TTC intends to use the land 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 same 
land. The Village of Tanana is only accessible by small plane 
or boat, and by snow machine during the winter. Residents must 
often travel to larger hub communities, such as Fairbanks or 
Anchorage, for medical services. This travel is costly and 
prohibits residents from receiving vital care during severe 
illness or injury that requires medivac services.

                          LEGISLATIVE HISTORY

    On March 2, 2021, Senators Murkowski and Sullivan 
introduced S. 549. It was referred to the Committee on Indian 
Affairs (Committee) on the same day. S. 549 does not differ 
significantly from its predecessor bill, S. 224 as described 
below, other than omitting provisions related to the transfer 
of other land parcels to the Bristol Bay Area Health 
Corporation. On March 10, 2021, the Committee met at a duly 
called business meeting to consider S. 549 with eight other 
bills. No amendments were filed to S. 549. The Committee passed 
all nine bills, including S. 549, en bloc by voice vote and 
ordered the bills to be reported favorably.
    On February 2, 2021, Representative Young introduced an 
identical bill, H.R. 441, in the House of Representatives. On 
the same day, the bill was referred 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. 441 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.
    116th Congress. On January 24, 2019, Senators Murkowski and 
Sullivan introduced the predecessor bill, S. 224, 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 Senate referred the bill to the 
Committee on the same day. On January 29, 2019, the Committee 
met at a duly called business meeting to consider S. 224 with 
twelve other bills. No amendments were filed to S. 224. The 
Committee passed all twelve bills, including S. 224, en bloc by 
voice vote and ordered the bills to be reported favorably. On 
March 25, 2019, the Committee reported S. 224 favorably and it 
was placed on the Senate calendar. On June 27, 2019, S. 224 
passed the Senate without amendment by voice vote and sent it 
to the House the next day.
    S. 224 was referred to the House Committee on Natural 
Resources and the House Committee on Energy and Commerce. On 
July 1, 2019, the House Committee on Energy and Commerce 
referred the bill to the Subcommittee on Health. On July 3, 
2019, the House Committee on Natural Resources referred the 
bill to the Subcommittee for Indigenous Peoples of the United 
States. No further action was taken.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Conveyance of property to the Tanana Tribal Council

    Section 1 directs the Secretary of Health and Human 
Services 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. The bill further 
provides that the Secretary convey the land via 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. 
This section also states that the conveyance of this warranty 
deed shall supersede and render of no future effect any 
quitclaim deed to the property.
    Section 1(c)(1) 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 with 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.
    Under Section 1(c)(2) of the bill, 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. Section 
1(c)(3) 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.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated March 24, 2021, was prepared 
for S. 549:

                                                    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. 549, a bill to 
provide for the conveyance of certain property to the Tanana 
Tribal Council located in Tanana, 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,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 549 would authorize the Secretary of Health and Human 
Services (HHS) to convey a parcel of land in Tanana, Alaska, to 
the Tanana Tribal Council (TTC). 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 TTC is a nonprofit health care and social services 
corporation that operates facilities under the ISDEAA in 39 
communities throughout Alaska. According to IHS, the TTC 
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. 549 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. 549 will have 
minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 549.

                        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.

                                 
                                 
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