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H.R. 441 (117th): Don Young Alaska Native Health Care Land Transfers Act of 2022


The text of the bill below is as of Apr 22, 2022 (Preprint (Suspension)).


G:\CMTE\NR\17\MFS\HR441_SUS.XMLXXXXXXXXXXXXXXXXX4/14/2022 16:57XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 837629|4 [Discussion Draft] Suspend the Rules and Pass the Bill, H.R. 441, as Amended (The amendments strike all after the enacting clause and insert a new text and a new title) XXXXXX (Original Signature of Member) [DISCUSSION DRAFT]

I

117th CONGRESS

1st Session

H. R. 441

IN THE HOUSE OF REPRESENTATIVES

January 21, 2021

introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and for other purposes.

1.

Short title

This Act may be cited as the Don Young Alaska Native Health Care Land Transfers Act of 2022.

2.

Definitions

For the purposes of this Act:

(1)

Consortia

The term Consortia means the Alaska Native Tribal Health Consortium and Southeast Alaska Regional Health Consortium.

(2)

Council

The term Council means the Tanana Tribal Council located in Tanana, Alaska.

(3)

Secretary

The term Secretary means the Secretary of Health and Human Services.

3.

Conveyances of property

(a)

Conveyance of property to the Tanana Tribal Council

(1)

In general

As soon as practicable, but not later than 180 days, after the date of the enactment of this Act, the Secretary shall convey to the Council all right, title, and interest of the United States in and to the property described in paragraph (2) for use in connection with health and social services programs.

(2)

Property described

The property referred to in paragraph (1), including all land, improvements, and appurtenances, described in this paragraph is the property included in U.S. Survey No. 5958 in the village of Tanana, Alaska, within surveyed lot 12, T. 4 N., R. 22 W., Fairbanks Meridian, Alaska, containing approximately 11.25 acres.

(b)

Conveyance of property to the Southeast Alaska Regional Health Consortium

(1)

In general

As soon as practicable, but not later than 2 years, after the date of the enactment of this Act, the Secretary shall convey to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska, all right, title, and interest of the United States in and to the property described in paragraph (2) for use in connection with health and social services programs.

(2)

Property described

The property referred to in paragraph (1), including all land and appurtenances, described in this paragraph is the property included in U.S. Survey 1496, lots 4 and 7, partially surveyed T. 55 S., R. 63 E., Copper River Meridian, containing approximately 10.87 acres in Sitka, Alaska.

(c)

Conveyance of property to the Alaska native tribal health consortium

(1)

In general

As soon as practicable, but not later than 1 year, after the date of the enactment of this Act, the Secretary shall convey to the Alaska Native Tribal Health Consortium located in Anchorage, Alaska, all right, title, and interest of the United States in and to the property described in paragraph (2) for use in connection with health programs.

(2)

Property described

The property referred to in paragraph (1), including all land, improvements, and appurtenances, is the following:

(A)

Lot 1A in Block 31A, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96–117, recorded on November 22, 1996, in the Anchorage Recording District.

(B)

Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96–118, recorded on November 22, 1996, in the Anchorage Recording District.

4.

Conditions of the conveyance of the properties

(a)

Conditions

The conveyance of the properties under section 3—

(1)

shall be made by warranty deed; and

(2)

shall not—

(A)

require any consideration from the Consortia or the Council for the property;

(B)

impose any obligation, term, or condition on the Consortia or the Council regarding the property; or

(C)

allow for any reversionary interest of the United States in the property.

(b)

Effect on any quitclaim deed

The conveyance by the Secretary of title by warranty deed under subsection (a)(1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the properties described in section 3 executed by the Secretary and the Consortia or the Council.

5.

Environmental liability

(a)

Liability

(1)

In general

Notwithstanding any other provision of law, neither the Consortia nor the Council shall 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 described in section 3 that occurred on or before the date on which the Consortia or the Council controlled, occupied, and used the properties.

(2)

Environmental contamination

An environmental contamination described in paragraph (1) 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.

(b)

Easement

The Secretary shall be accorded any easement or access to the property conveyed under this Act as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary.

(c)

Notice of hazardous substance activity and warranty

In carrying out this section, the Secretary shall comply with section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

(d)

Limitation on applicability

The provisions in this section apply only to the property conveyances specifically required by this Act.

Amend the title so as to read: A bill to provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, the conveyance of certain property to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska, and the conveyance of certain property to the Alaska Native Tribal Health Consortium located in Anchorage, Alaska, and for other purposes..