19–006 

112TH CONGRESS REPT. 112–318 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

PROVIDING FOR THE CONVEYANCE OF CERTAIN PROPERTY FROM THE UNITED STATES TO THE MANIILAQ 

ASSOCIATION LOCATED IN KOTZEBUE, ALASKA 

DECEMBER 8, 2011.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 443] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 443) to provide for the conveyance of certain property 

from the United States to the Maniilaq Association located in 

Kotzebue, Alaska, having considered the same, report favorably 

thereon with an amendment and recommend that the bill as 

amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. CONVEYANCE OF PROPERTY. 

(a) IN GENERAL.—As soon as practicable after the date of the enactment of this 

Act, but not later than 180 days after such date, the Secretary of Health and 

Human Services (in this Act referred to as the ‘‘Secretary’’) shall convey to the 

Maniilaq Association located in Kotzebue, Alaska, all right, title, and interest of the 

United States in and to the property described in section 2 for use in connection 

with health and social services programs. The Secretary’s conveyance of title by 

warranty deed under this section shall, on its effective date, supersede and render 

of no future effect on any Quitclaim Deed the properties described in section 2 executed by the Secretary and the Maniilaq Association. 

(b) CONDITIONS.—The conveyance required by this section shall be made by warranty deed without consideration and without imposing any obligation, term, or condition on the Maniilaq Association, or reversionary interest of the United States, 

other than that required by this Act or section 512(c)(2)(B) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aaa–11(c)(2)(B)). 

SEC. 2. PROPERTY DESCRIBED. 

The property, including all land and appurtenances, to be conveyed pursuant to 

section 1 is as follows: 

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(1) KOTZEBUE HOSPITAL AND LAND.—Re-Plat of Friends Mission Reserve, Subdivision No. 2, U.S. Survey 2082, Lot 1, Block 12, Kotzebue, Alaska, containing 

8.10 acres recorded in the Kotzebue Recording District, Kotzebue, Alaska, on 

August 18, 2009. 

(2) KOTZEBUE QUARTERS AKA KIC SITE.—Re-plat of Friends Mission Reserve, 

U.S. Survey 2082, Lot 1A, Block 13, Kotzebue, Alaska, containing 5.229 acres 

recording in the Kotzebue Recording District, Kotzebue, Alaska, on December 

23, 1991. 

(3) KOTZEBUE QUARTERS AKA NANA SITE.—Lot 1B, Block 26, Tract A, Townsite 

of Kotzebue, U.S. Survey No. 2863 A, Kotzebue, Alaska, containing 1.29 acres 

recorded in the Kotzebue Recording District, Kotzebue, Alaska, on December 23, 

1991. 

SEC. 3. ENVIRONMENTAL LIABILITY. 

(a) IN GENERAL.—Notwithstanding any other provision of Federal law, the 

Maniilaq Association shall not be liable for any soil, surface water, groundwater, or 

other contamination resulting from the disposal, release, or presence of any environmental contamination, including any oil or petroleum products, or any hazardous 

substances, hazardous materials, hazardous waste, pollutants, toxic substances, 

solid waste, or any other environmental contamination or hazard as defined in any 

Federal law, on any property described in section 2 as of the date of the conveyance. 

(b) EASEMENT.—The Secretary shall be accorded any easement or access to the 

property conveyed as may be reasonably necessary to satisfy any retained obligations and liability of the Secretary. 

(c) NOTICE OF HAZARDOUS SUBSTANCE ACTIVITY AND WARRANTY.—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)). 

PURPOSE OF THE BILL

The purpose of H.R. 443, as ordered reported, is to provide for 

the conveyance of certain property from the United States to the 

Maniilaq Association located in Kotzebue, Alaska. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 443 transfers 14.6 acres of federal land and appurtenances 

to the Maniilaq Association, in Kotzebue, Alaska, for use in connection with health care and social services facilities operated by the 

Association. 

The Maniilaq Association is a non-profit corporation that provides a range of health care and social services for the benefit of 

rural residents in remote northwest Alaska under the self governance provisions of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450 et seq.). Under this arrangement, 

Maniilaq is basically a contractor for the Indian Health Service, a 

unit of the Department of Health and Human Services responsible 

for providing health care benefits to Native Americans. 

H.R. 443 requires the Secretary of Health and Human Services 

to transfer by warranty deed three parcels of land (totaling 14.6 

acres) and appurtenances to Maniilaq. One parcel is the site of the 

existing health care facility, and the other two will host future expansion of related facilities including employee housing. 

The subject lands have already been conveyed by the Secretary 

to Maniilaq through a quit claim deed; however, this method of 

transferring land does not guarantee clear title that a warranty 

deed provides. Moreover, Maniilaq argues that under its Indian 

Self-Determination contracts with the Indian Health Service, transfer of government land using a quit claim deed creates certain obstacles on the Association’s use and management of the property. 

Under H.R. 443, the Indian Health Service properties are conveyed to Maniilaq without consideration. Property valued at more 

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than $5000 reverts to the United States if the contract through 

which Maniilaq provides health services is withdrawn or reassumed by the Secretary. 

The legislation also: provides that Maniilaq shall not be liable for 

costs relating to contamination or pollution on the properties as of 

the date of the conveyance; permits the Secretary to reserve easements on the land for retained federal obligations and liability; and 

requires the Secretary to 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)). 

COMMITTEE ACTION

H.R. 443 was introduced on January 25, 2011, by Congressman 

Don Young (R–AK). The bill was referred primarily to the Committee on Natural Resources, and within the Committee to the 

Subcommittee on Indian and Alaska Native Affairs. The bill was 

also referred to the Committee on Energy and Commerce. On September 22, 2011, the Subcommittee on Indian and Alaska Native 

Affairs held a hearing on the bill. On October 5, 2011, the Full 

Natural Resources Committee met to consider the bill. The Subcommittee on Indian and Alaska Native Affairs was discharged by 

unanimous consent. Congressman Don Young (R–AK) offered an 

amendment to make technical changes to the bill; the amendment 

was adopted by unanimous consent. The bill, as amended, was then 

ordered favorably reported to the House of Representatives by 

unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 443—A bill to provide for the conveyance of certain property 

from the United States to the Maniilaq Association located in 

Kotzebue, Alaska 

H.R. 443 would convey three Indian Health Service (IHS) properties in Kotzebue, Alaska, to the Maniilaq Association, a tribal 

nonprofit organization. Based on information from the IHS, CBO 

estimates that the conveyances would not have a significant impact 

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on the federal budget. According to the agency, it does not currently receive any lease payments or other receipts from the properties. Enacting H.R. 443 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 443 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. Based on information from the Indian Health 

Service, CBO estimates that the conveyances provided for in the 

bill would not have a significant impact on the federal budget. According to the agency, it does not currently receive any lease payments or other receipts from the properties. Enacting H.R. 443 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill, as ordered reported, is to provide for the conveyance of 

certain property from the United States to the Maniilaq Association located in Kotzebue, Alaska. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

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