Calendar No. 566
H. R. 443
[Report No. 112–250]
IN THE SENATE OF THE UNITED STATES
December 15, 2011
Received; read twice and referred to the Committee on Indian Affairs
December 13, 2012
Reported by Mr. Akaka, without amendment
To provide for the conveyance of certain property from the United States to the Maniilaq Association located in Kotzebue, Alaska.
Conveyance of property
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
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)).
The property, including all land and appurtenances, to be conveyed pursuant to section 1 is as follows:
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.
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.
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.
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.
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.
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)).
December 13, 2012
Reported without amendment