IN THE SENATE OF THE UNITED STATES
November 17, 2011
Ms. Murkowski (for herself and Mr. Begich) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
To provide for the conveyance of certain property from the United States to the Maniilaq Association located in Kotzebue, Alaska.
Conveyance of property to Maniilaq Association
Conveyance of property
Subject to paragraph (2), as soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act 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 subsection (b) for use in connection with health and social services programs.
The conveyance under this subsection shall be made by warranty deed—
without consideration or imposition of any obligation, term, or condition on the Maniilaq Association; and
without any reversionary interest of the United States, other than a reversionary interest 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 conveyance by the Secretary of title by warranty deed to property under this subsection supersedes and renders of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Maniilaq Association.
The following properties, including all land and appurtenances, shall be conveyed pursuant to subsection (a):
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.
Re-Plat of Friends Mission Reserve, U.S. Survey 2082, Lot 1 A, Block 13, Kotzebue, Alaska, containing 5.229 acres recorded in the Kotzebue Recording District, Kotzebue, Alaska, on December 23, 1991.
Lot 1 B, 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.
As of the date of the conveyance and 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 subsection (b).
As a condition of the conveyance under this Act, the Maniilaq Association shall provide to the Secretary any easement or access to the property conveyed that the Secretary determines necessary to satisfy any retained obligation or liability of the Secretary.
Notice of hazardous substance activity and warranty
In carrying out this Act, 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 (42 U.S.C. 9620(h)(3)).