49–010 

1 Yukon Kuskokwim Health Corporation, About YKHC, http://www.ykhc.org/about-ykhc/ 

(last visited Mar. 9, 2015). 2 Id. 

Calendar No. 78 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–38 

PROVIDING FOR THE CONVEYANCE OF CERTAIN PROPERTY TO THE YUKON KUSKOKWIM HEALTH CORPORATION LOCATED IN BETHEL, ALASKA 

MAY 11, 2015.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 230] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 230) to provide for the conveyance of certain property to the 

Yukon Kuskokwim Health Corporation located in Bethel, Alaska, 

having considered the same, reports favorably thereon without 

amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 230, as ordered reported, is to provide for the 

conveyance by warranty deed of certain property located in Bethel, 

Alaska, from the United States to the Yukon Kuskokwim Health 

Corporation. 

BACKGROUND AND HISTORY

The Yukon Kuskokwim Health Corporation (Corporation) administers a comprehensive health care delivery system for 58 rural 

communities in the southwest region of Alaska.1 The Corporation 

includes community clinics, sub-regional clinics, a regional hospital, 

dental services, mental health services, substance abuse counseling 

and treatment, health promotion and disease prevention programs, 

and environmental health services.2 The Corporation, as authorized 

by the 58 Alaska Native tribes in the region, has compacted with 

the Indian Health Service to operate a hospital and other services 


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3 Indian Self Determination and Education Assistance Act, Pub. L. No. 93–638 (1975). 4 Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §

9620(h)(3)(A) (1980). 

in the region pursuant to the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA).3

The bill, S. 230, would direct the Secretary of the Department of 

Health and Human Services (Secretary) to convey certain property 

to the Corporation located in Bethel, Alaska. The property would 

continue to be used for health and social services programs. The 

hospital building and approximately 23 acres of land belong to the 

Indian Health Service, but are maintained by the Corporation. 

The Corporation must significantly expand its health care facilities, including the renovation of a 30-plus-year-old hospital, to meet 

present and future needs of residents in the region. To finance the 

costs of expansion and renovation, the Corporation must demonstrate evidence of sufficient site control to secure the project with 

any financial partners. To secure the site, the Corporation must 

own or control the land. The conveyance of land in S. 230 is intended to address the Corporation’s need to secure the site. 

Additionally, the bill would shield the Corporation from liability 

for any environmental contaminations on the conveyed property. 

The Secretary would also be accorded any easement to the conveyed property as may be reasonably necessary to satisfy any obligation or liability of the Secretary. The bill would require the Secretary to comply with a section of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.4

LEGISLATIVE HISTORY

The bill, S. 230, was introduced on January 21, 2015, by Senator 

Murkowski. On April 16, 2015, Senator Sullivan was added as a cosponsor. The bill was referred to the Senate Committee on Indian 

Affairs (Committee). No hearing was held on the bill. On February 

25, 2015, the Committee held a business meeting to consider this 

legislation. The Committee ordered S. 230 to be reported without 

amendment favorably by voice vote. 

The House companion bill is H.R. 521, which was introduced by 

Representative Don Young. There are no co-sponsors. The House 

bill, H.R. 521, was referred to both the Committee on Natural Resources and the Committee on Energy and Commerce. Each committee referred the bill to their respective subcommittees, the Subcommittee on Indian, Insular and Alaska Native Affairs and the 

Subcommittee on Environment and the Economy. On April 14, 

2015, the Subcommittee on Indian, Insular, and Alaska Native Affairs held a hearing on the bill. 

Related Prior Bill—Alaska Native Tribal Health Consortium. In 

the 113th Congress, Senators Murkowski and Begich introduced S. 

235, a bill similar to S. 230. Under this bill, S. 235, a similar property transfer in Alaska was authorized for the Alaska Native Tribal 

Health Consortium. 

This property transfer and purposes (also similar in nature) were 

examined by the Committee on July 31, 2013 during a legislative 

hearing held on the bill, S. 235. On October 30, 2013, the Committee ordered that bill to be reported with an amendment in the 

nature of a substitute favorably by voice vote. No further action 

was taken on this bill. 


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5See, Alaska Native Tribal Health Consortium Land Transfer Act, Pub. L. No. 113–68 (2013). 6See, 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). 

However, on October 30, 2013, the Senate received H.R. 623, the 

House companion bill to S. 235, which was referred to the Committee on Indian Affairs. On December 20, 2013, the Committee 

discharged H.R. 623 by unanimous consent. The Senate passed 

H.R. 623 without amendment by unanimous consent. On December 

26, 2013, the bill became Pub. L. No. 113–68.5

Related Prior Bill—Maniilaq Association. During the 112th Congress, Senators Murkowski and Begich introduced S. 1898, a bill 

transferring property in Alaska to the Maniilaq Association, also 

similar in purpose to S. 230. On March 22, 2012, the Committee 

on Indian Affairs held a hearing on the bill. No further action was 

taken on this bill. 

On December 15, 2011, the Senate received H.R. 443, the House 

companion bill to S. 1898, which was referred to the Committee on 

Indian Affairs. On June 28, 2012, the Committee ordered the bill 

to be reported without amendment favorably by voice vote. On December 20, 2012, the bill passed the Senate with an amendment by 

unanimous consent. On January 1, 2013, the House agreed to the 

Senate amendment and passed the bill, as amended. On January 

14, 2013, the bill became Pub. L. No. 112–263.6

SECTION BY SECTION ANALYSIS OF S. 230

Section 1—Conveyance of property 

Section 1 would direct the Secretary of Health and Human Services, not later than 180 days after the enactment of the act, to convey by warranty deed certain property described in Section 2 to the 

Yukon Kuskokwim Health Corporation for use in connection with 

health and social services programs. 

It further provides that the Secretary’s conveyance of title to the 

property shall supersede and render of no future effect any quitclaim deed concerning the same property executed by the Secretary 

and the Yukon Kuskokwim Health Corporation. 

Section 1 also provides that the conveyance of the property by 

warranty deed shall be made without consideration, and without 

imposing any obligation, term, or condition on the Yukon 

Kuskokwim Health Corporation. It also provides that the United 

States shall not retain any reversionary interest in the property. 

Section 2—Property described 

This section provides the legal description of the property to be 

conveyed to the Yukon Kuskokwim Health Corporation pursuant to 

Section 1. 

Section 3—Environmental liability 

This section provides that, notwithstanding any other provision 

of Federal law, as of the date of the conveyance, the Yukon 

Kuskokwim Health Corporation shall not be liable for any soil, surface, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination, including any oil or petroleum products, or any hazardous materials, 

hazardous waste, pollutants, toxic substances, solid waste, or any 


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other environmental contamination or hazard as defined in any 

Federal or State of Alaska law, on any property described in Section 2. 

This section grants the Secretary any ‘‘reasonably necessary’’ 

easement or access to the conveyed property in order to satisfy any 

retained obligations or liability of the United States. 

This section also provides that the Secretary shall comply with 

Section 120(h)(3)(A) and (B) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

§ 9620(h)(3(A)). 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated March 13, 2015, was prepared for S. 230: 

MARCH 13, 2015. 

Hon. JOHN BARRASSO, 

Chairman, Committee on Indian Affairs, 

United States Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 230, a bill to provide for the 

conveyance of certain property to the Yukon Kuskokwim Health 

Corporation in Bethel, Alaska. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Robert Stewart. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 230—A bill to provide for the conveyance of certain property to 

the Yukon Kuskokwim Health Corporation located in Bethel, 

Alaska 

S. 230 would authorize the Secretary of Health and Human Services (HHS) to convey a specified 23-acre parcel of federal land in 

Bethel, Alaska, from the United States to the Yukon Kuskokwim 

Health Corporation (YKHC). The conveyance of the property would 

be made by a warranty deed, which is a type of deed that provides 

that the grantor (the United States) has a good title free and clear 

of all liens and encumbrances and that the grantor promises to defend the title to the property against all persons claiming the property. 

The Indian Self-Determination and Education Act allows Indian 

tribal entities to assume responsibility for the provision of health 

care services funded by the Indian Health Service (IHS), the agency within HHS responsible for providing health care to American 

Indians and Alaska Natives. The YKHC, a nonprofit tribal organization that administers health care services for 58 tribal communities in Alaska, operates a hospital under the authority of that act 

on the parcel of land that would be transferred under this bill. According to IHS, the YKHC currently does not pay rent or any other 

remuneration to IHS for the use of the land. As a result, CBO estimates that enacting S. 230 would have no significant effect on the 

federal budget and would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 


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S. 230 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would benefit the YKHC by transferring the property to the corporation. Any 

costs to the YKHC would be incurred voluntarily. 

The CBO staff contacts for this estimate are Robert Stewart (for 

federal costs), J’nell Blanco Suchy (for intergovernmental effects), 

and Amy Petz (for private-sector mandates). 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. 230 will have a minimal impact on regulatory or paperwork requirements. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 230. 

CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that the enactment of S. 

230 will make no changes to existing law. 

Æ 


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