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[Senate Report 115-11]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 24
115th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {      115-11

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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 larger 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\ Additionally, S. 269 is identical to the Senate bill, 
S. 2421, which was passed by the Committee in the 114th 
Congress.
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    \1\See, 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).
---------------------------------------------------------------------------
    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 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.
    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 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.

                        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.

                                  [all]
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