H.R. 443 (112th): To provide for the conveyance of certain property from the United States to the Maniilaq Association located ...

...in Kotzebue, Alaska.

112th Congress, 2011–2013. Text as of Dec 20, 2012 (Passed the Senate (Engrossed) with an Amendment).

Status & Summary | PDF | Source: GPO

112th CONGRESS

2d Session

H.R. 443

In the Senate of the United States,

December 20, 2012.

Amendment:

That the bill from the House of Representatives (H.R. 443) entitled An Act to provide for the conveyance of certain property from the United States to the Maniilaq Association located in Kotzebue, Alaska., do pass with the following

Strike all after the enacting clause and insert the following:

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 to 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)).

2.

Property described

The property, including all land and appurtenances, to be conveyed pursuant to section 1 is as follows:

(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 recorded 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.

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 or State of Alaska law, on any property described in section 2 on or before the date on which all of the properties described in section 2 were conveyed by quitclaim deed.

(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)).

Secretary