89–010 

Calendar No. 41 

116TH CONGRESS REPORT " ! SENATE 1st Session 116–10 

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 25, 2019.—Ordered to be printed 

Mr. HOEVEN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 224] 

[Including cost estimate of the Congressional Budget Office] 

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

(S. 224) 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, having considered the same, reports favorably thereon without amendment and recommends that the bill do 

pass. 

PURPOSE

The bill, S. 224, 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, and to the Bristol Bay Area Health Corporation (BBAHC), located in Dillingham, Alaska. Under this bill, the TTC and the 

BBAHC would have the ability to expand and construct new health 

care facilities on the properties to provide improved health services 

to their respective rural service populations. 

SUMMARY OF THE BILL AND NEED FOR LEGISLATION

This bill, S. 224, 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 owned by the HHS. 

2 

1 Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 

§ 9620(h)(3) (1980). 

The land to be conveyed to the TTC and described in S. 224 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, which is 

the Village of Tanana’s Corporation. The remaining 11.25 acres is 

the land to be conveyed under this bill. 

The TTC would 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. 224. 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 very costly and prohibits residents from receiving vital care during severe illness or injury requiring medivac to a larger hub community. 

This bill would also require the Secretary to convey certain property to the BBAHC located in Dillingham, Alaska for use in connection with health and social services programs. The property to be 

conveyed comprises the Dental Annex of the Kanakanak Hospital, 

including all land, improvements, and appurtenances on 1.474 

acres of land owned by the HHS. 

The land proposed to be conveyed would be used to build a freestanding dental facility. The new dental facility will be much larger 

than the current dental clinic that is located within the Kanakanak 

Hospital Compound in Dillingham. The proposed dental facility will 

be able to provide more dental services to the BBAHC’s service 

population of 8,000. The BBAHC also provides health services to 

many surrounding communities in the south-west region of Alaska. 

The BBAHC accepted a quitclaim deed from the HHS in order 

to begin construction of the dental facility during Alaska’s short 

construction season. Under S. 224, the land would be conveyed 

through a warranty deed that would supersede any existing quitclaim deed. This conveyance would allow the BBAHC to have more 

control over the land and more opportunities for financing, as well 

as remove any revisionary interests from the HHS. 

Both conveyances of land would shield the TTC and the BBAHC 

from liability for any environmental contaminations on the conveyed properties on or before the date on which the property is conveyed to TTC and BBAHC. The Secretary would also be accorded 

any easement to the conveyed properties as may be reasonably necessary to satisfy an 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 1980.1

LEGISLATIVE HISTORY

On January 24, 2019, Senator Murkowski with Senator Sullivan 

introduced S. 224, the a bill to provide for the conveyance of certain 

property to the Tanana Tribal Council located in Tanana, Alaska, 

3 

2See, 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). 

and to the Bristol Bay Area Health Corporation located in 

Dillingham, Alaska, and for other purposes. On January 29, 2019, 

the Committee on Indian Affairs of the Senate met at a duly called 

business meeting to consider twelve bills, including S. 224. 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. 

This bill is similar to three other bills that were passed by the 

Committee and signed into law in 2013 and 2015.2

115th Congress. On February 1, 2017, Senators Murkowski and 

Sullivan introduced the predecessor bill, S. 269. The Committee 

met at a duly called business meeting to consider S. 269 on February 8, 2017. At this business meeting, the Committee ordered the 

bill to be reported favorably without amendment. 

On March 22, 2018, the Senate passed S. 269 without amendment by unanimous consent. The bill was received by the House of 

Representatives on March 26, 2018 and later referred to the Committee on Natural Resources of the House of Representatives, Subcommittee on Indian, Insular, and Alaska Native Affairs and the 

Committee on Energy and Commerce of the House of Representatives, Subcommittee on Environment. No further action was taken 

on S. 269. 

On January 3, 2017, Representative Don Young introduced a 

companion bill, H.R. 236. The bill was referred to the Committee 

on Natural Resources of the House of Representatives, Subcommittee on Indian, Insular, and Alaska Native Affairs and the 

Committee on Energy and Commerce of the House of Representatives, Subcommittee on Health. No further action was taken on 

H.R. 236. 

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

Sullivan introduced S. 2421. The Committee on Indian Affairs held 

a legislative hearing on this bill on April 13, 2016. 

The companion bill, H.R. 4289, was introduced in the House of 

Representatives by Representative Don Young on December 17, 

2015 and referred to the Subcommittee on Indian, Insular, and 

Alaska Native Affairs of the Committee on Natural Resources, with 

a sequential referral to the Committee on Energy and Commerce. 

No further action was taken on H.R. 4289. 

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 TTC for use in connection with health and 

social services programs within 180 days of enactment of the Act. 

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. The bill further provides that the Secretary 

convey the land via warranty deed and shall not require any consideration from the TTC, impose any additional obligation, term, or 

4 

condition to the TTC in order for it to provide improved health 

services to their respective rural service populations, or allow for 

any reversionary interest of the United States in the property. 

The bill 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. 

Under 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. 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. 

Section 2. Conveyance of property to the Bristol Bay Area Health 

Corporation 

Section 2 directs the Secretary of Health and Human Services to 

transfer all right, title, and interest of 1.474 acres in the Bristol 

Bay Recording District in Dillingham, Alaska to the BBAHC for 

use in connection with health and social services programs within 

180 days of enactment of the Act. The section states that the conveyance of this warranty deed shall supersede and render of no future effect any quitclaim deed to the property. 

The bill further provides that the Secretary convey the land via 

warranty deed and shall not require any consideration from the 

BBAHC, impose any additional obligation, term, or conditions to 

the BBAHC in order for it to provide improved health services to 

their respective rural service populations, or allow for any reversionary interest of the United States in the property. 

The bill 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 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 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. 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. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated March 4, 2019, was prepared for S. 224: 

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MARCH 4, 2019. 

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. 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. 

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. 

Director. 

Enclosure. 

S. 224—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. 224 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 of land 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 (ISDEAA) allows tribal entities to assume responsibility for providing health 

care services funded by the Indian Health Service (IHS). The TTC 

is a non-profit health care and social services corporation that operates facilities under the ISDEAA in 39 communities throughout 

Alaska. The BBAHC is a non-profit health care corporation that operates facilities under the ISDEAA in 28 communities throughout 

Southwest Alaska. According to IHS, neither the TTC nor the 

BBAHC currently pays rent or any other remuneration to IHS for 

the use of the land to be transferred. Consequently, CBO estimates 

that enacting S. 224 would have a negligible effect on the federal 

budget. Furthermore, any spending would be subject to the availability of appropriated funds. 

The CBO staff contact for this estimate is Robert Stewart. The 

estimate was reviewed by Leo Lex, 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 S. 224 will have minimal impact on regulatory or paperwork requirements. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 224. 

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CHANGES IN EXISTING LAW

In accordance with Committee Rules, subsection 12 of rule XXVI 

of the Standing Rules of the Senate is waived. 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 business of 

the Senate. 

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