69–010 

Calendar No. 24 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–11 

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 

MARCH 27, 2017.—Ordered to be printed 

Mr. HOEVEN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 269] 

[Including cost estimate of the Congressional Budget Office] 

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

(S. 269) 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, reports favorably thereon, without amendment, and recommends the bill do pass. 

PURPOSE

The bill, S. 269, would direct the Secretary of the Department of 

Health and Human Services to convey certain properties to the 

Tanana Tribal Council, located in Tanana, Alaska, and the Bristol 

Bay Area Health Corporation, located in Dillingham, Alaska. The 

property transfer authorized by this bill would enable the Tanana 

Tribal Council and the Bristol Bay Area Health Corporation to expand and construct new health care facilities on the properties to 

provide improved health services to their respective rural service 

populations. 

BACKGROUND

The Tanana Tribal Council (TTC) is the governing body to 1,460 

tribal members. The village of Tanana is predominantly an Alaska 

Native rural community. The village of Tanana is only accessible 

by small plane or boat and, during the winter, by snow machine. 

Residents must often travel to larger hub communities, such as 

Fairbanks or Anchorage, for medical services. Traveling to the largVerDate Sep 11 2014 05:44 Mar 28, 2017 Jkt 069010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR011.XXX SR011

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1See, 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 

er hub communities is very costly and prohibits residents from receiving vital health care if a severe illness or injury occurred and 

required a medical evacuation. 

The land described in and to be transferred by S. 269 is the site 

of a former Indian Health Service (IHS) hospital that has since 

been removed from the land. 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, which is 

the village of Tanana’s corporation. The remaining 11.25 acres is 

the land to be conveyed to TTC under this bill. 

The Bristol Bay Area Health Corporation (BBAHC) was incorporated in 1973. The BBAHC began managing and operating the 

Kanakanak Hospital and the IHS Bristol Bay Service Unit in 1980, 

becoming the first tribal organization to do so under the Indian 

Self-Determination and Education Assistance Act (Public Law 93 

638). In 1994, the BBAHC became an original party to the Alaska 

Tribal Health Compact (as authorized by Title III of Public Law 

No. 93 638), a government-to-government agreement with the 

United States. This agreement allowed for the BBAHC to exercise 

greater control over health care services to American Indian and 

Alaska Natives. 

NEED FOR LEGISLATION

The TTC intends to use the land in Tanana, Alaska 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 land 

that would be transferred under S. 269. 

The BBAHC intends to use the land to build a free-standing dental facility. The new dental facility will be much larger than the 

current dental clinic located within the Kanakanak Hospital Compound in Dillingham. The BBAHC will be able to provide more 

dental services to the service population of 8,000. The Kanakanak 

Health Compound is able to provide health care services to many 

surrounding communities in the south-west region of Alaska. 

The IHS issued a quitclaim deed to the BBAHC. Under S. 269, 

the land would be conveyed to BBAHC through a warranty deed 

that would supersede any existing quitclaim deed. This would 

allow the BBAHC to have more control over the land and more opportunities for financing and remove any reversionary interest from 

the IHS. 

LEGISLATIVE HISTORY

On February 1, 2017, Senators Murkowski and Sullivan introduced S. 269, 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 Committee held a duly called business 

meeting on February 8, 2017, to consider S. 269. The Committee 

ordered the bill to be reported favorably without amendment. 

The bill, S. 269, is similar to three other bills that were passed 

by the Committee and signed into law in 2013 and 2015.1 AdditionVerDate Sep 11 2014 05:44 Mar 28, 2017 Jkt 069010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR011.XXX SR011

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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). 

ally, S. 269 is identical to the Senate bill, S. 2421, which was 

passed by the Committee in the 114th Congress. 

114th Congress. On December 17, 2015, Senators Murkowski and 

Sullivan introduced S. 2421, 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 Committee held a 

legislative hearing on April 13, 2016. The Committee held a duly 

called business meeting on April 27, 2016, to consider S. 2421. The 

Committee ordered the bill to be reported favorably without 

amendment. On September 27, 2016, the bill was placed on the 

Senate Legislative Calendar under general orders. No further action was taken on S. 2421. 

The House companion bill, H.R. 4289, 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, was introduced by Representative Don Young on December 17, 2015. The 

bill, H.R. 4289, was referred to the Committee on Natural Resources and the Committee on Energy and Commerce of the House 

of Representatives on December 17, 2015. On December 18, 2015, 

the bill was referred to the Subcommittee on Environment and the 

Economy of the Committee on Energy and Commerce of the House 

of Representatives. 

On December 22, 2015, the bill was referred to the Subcommittee 

on Indian, Insular, Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives. On May 18, 2016, 

the Subcommittee on Indian, Insular, and Alaska Native Affairs 

held a legislative hearing on the bill. No further action was taken 

on H.R. 4289. 

SECTION-BY-SECTION ANALYSIS

Section 1. Conveyance of property to the Tanana Tribal Council 

This section directs the Secretary of Health and Human Services 

(Secretary) 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 of S. 269. 

Effects on any quitclaim deed. The conveyance of this warranty 

deed shall supersede and render of no future effect any quitclaim 

deed to the property. 

Conditions. This section provides that the Secretary convey the 

land by 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. 

Environmental Liability. This section 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 which the property is conveyed to the TTC. An 

environmental contamination includes any oil or petroleum prodVerDate Sep 11 2014 05:44 Mar 28, 2017 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR011.XXX SR011

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ucts, 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. 

Easement. 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. 

This section 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. 

Sec. 2. Conveyance of property to the Bristol Bay Area Health Corporation. 

This section directs the Secretary to transfer all right, title, and 

interest of 1.474 acres in the Bristol Bay Recording District in 

Dillingham, Alaska to the Bristol Bay Area Health Corporation 

(BBAHC) within 180 days of enactment of the Act. 

Effects on any quitclaim deed. The conveyance of this warranty 

deed shall supersede and render of no future effect any quitclaim 

deed to the property. 

Conditions. This section provides that the Secretary convey the 

land by warranty deed and shall not require any consideration 

from the BBAHC, impose any obligation, term, or conditions to the 

BBAHC, or allow for any reversionary interest of the United States 

in the property. 

Environmental Liability. The Act provides that the BBAHC 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 which the property is conveyed to the BBAHC. 

An environmental contamination includes any soil or petroleum 

products, hazardous substances, hazardous materials, hazardous 

waste, pollutants, toxic substances, or any other environmental 

contamination or hazard as defined in any Federal or State of Alaska law. 

Easement. 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. 

This section also provides that the Secretary shall comply with 

subparagraphs (A) and (B) of section 120(h)(3) of the CERCLA on 

the property described. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated February 21, 2017, was prepared for S. 269: 

FEBRUARY 21, 2016. 

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. 269, a bill to provide for the 


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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. 

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

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

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 269—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. 

S. 269 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) and another parcel in Dillingham, 

Alaska, to the Bristol Bay Area Health Corporation (BBAHC). The 

conveyances 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 allows tribal 

entities to assume responsibility for providing health care services 

funded by the Indian Health Service (IHS). The TTC, the governing 

body for 1,460 tribal members and the village of Tanana, Alaska, 

plans to build a community wellness center under the authority of 

that act on the parcel of land that would be transferred to them 

under this bill. The BBAHC, which has been managing and operating the Kanakanak Hospital and the Bristol Bay Service Unit for 

the IHS since 1980, plans to build a free-standing dental clinic on 

the other parcel that would be transferred under this bill. According to IHS, the TTC and BBAHC currently do not pay rent or any 

other remuneration to IHS for the use of these parcels. Consequently, CBO estimates that enacting S. 269 would not have a 

significant effect on the federal budget. 

Because enacting S. 269 would not affect direct spending or revenues, pay-as-you-go procedures do not apply. CBO estimates that 

enacting the bill would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning 

in 2028. 

S. 269 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Robert Stewart. 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. 269 will have minimal 

impact on regulatory or paperwork requirements. 


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EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 269. 

CHANGES IN EXISTING LAW

In accordance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the bill, S. 269, as ordered reported, would 

make no changes in existing law. 

Æ 


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