[Congressional Record Volume 157, Number 192 (Wednesday, December 14, 2011)]
[House]
[Pages H8948-H8949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MANIILAQ ASSOCIATION PROPERTY CONVEYANCE
Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 443) to provide for the conveyance of certain
property from the United States to the Maniilaq Association located in
Kotzebue, Alaska, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 443
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 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 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)).
SEC. 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 recording 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.
SEC. 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 law, on any property described in section 2 as
of the date of the conveyance.
(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)).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Hastings) and the gentleman from the Northern Mariana
Islands (Mr. Sablan) each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
H.R. 443 is sponsored by our colleague from Alaska (Mr. Young). The
legislation directs the Indian Health Service to transfer three parcels
of Federal land in Alaska to the Maniilaq Association. The association
is a nonprofit entity that runs Federal Indian health services for
Native people in northwest Alaska. The parcels of land subject to this
legislation, which total about 15
[[Page H8949]]
acres, are currently the site of the existing Native health facility
and of proposed long-term care facilities and employee housing.
The subject lands have already been conveyed by the Secretary to the
association through a quit claim deed. The Federal Indian health laws,
however, under these laws, transferring a land through the use of a
quit claim deed could present some obstacles for the future use of the
land by the association. H.R. 443 addresses this problem by directing
the Secretary to convey the property through the use of a warranty
deed. This method provides clean title to the land. The administration
testified in support of the land transfer, and we have heard no other
objection to this bill.
The bill was referred to the Committee on Energy and Commerce. The
chairman of that committee, Mr. Upton, has kindly forgone action on the
bill in the interest of expediting its consideration on the House
floor. I thank him for his cooperation and at this point would like to
include in the Record an exchange of letters between our committees
regarding this bill.
House of Representatives, Committee on Energy and
Commerce,
Washington, DC, December 7, 2011.
Hon. Doc Hastings,
Chairman, Committee on Natural Resources, Washington, DC.
Dear Chairman Hastings: I am writing concerning H.R. 443,
to provide for the conveyance of certain property from the
United States to the Maniilaq Association located in
Kotzebue, Alaska, which was ordered reported out of your
Committee on October 5, 2011. I wanted to notify you that the
Committee on Energy and Commerce will forgo action on H.R.
443 so that it may proceed expeditiously to the House floor
for consideration.
This is being done with the understanding that the
Committee on Energy and Commerce is not waiving any of its
jurisdiction, and the Committee will not in any way be
prejudiced with respect to the appointment of conferees or
its jurisdictional prerogatives on this or similar
legislation.
I would appreciate your response to this letter, confirming
this understanding with respect to H.R. 443, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during consideration of
the bill on the House floor.
Sincerely,
Fred Upton,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, December 7, 2011.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
443, to provide for the conveyance of certain property from
the United States to the Maniilaq Association located in
Kotzebue, Alaska. As you know, the Committee on Natural
Resources ordered the bill reported by unanimous consent on
October 5, 2011. The Committee on Natural Resources is
interested in bringing this legislation before the House of
Representatives, and accordingly, appreciates that the
Committee on Energy and Commerce will forego action on the
bill.
The Committee on Natural Resources concurs that by
foregoing consideration of H.R. 443 at this time, the
Committee on Energy and Commerce does not waive any
jurisdiction over the subject matter contained in this or
similar legislation. In addition, should a conference on the
bill be necessary, I would support your request to have the
Committee on Energy and Commerce represented on the
conference committee. Finally, I would be pleased to include
your letter and this response in the bill report filed by the
Committee on Natural Resources, as well as the Congressional
Record during floor consideration, to memorialize our
understanding.
Thank you for your cooperation.
Sincerely,
Doc Hastings,
Chairman.
With that, Mr. Speaker, I urge the House to pass the bill, and I
reserve the balance of my time.
Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. SABLAN asked and was given permission to revise and extend his
remarks.)
Mr. SABLAN. Mr. Speaker, I rise in support of H.R. 443.
This bill would provide the Maniilaq Association with clear title to
land previously conveyed to it by the United States. Elimination of
this restriction would enable the association to obtain loans for
improvements to the property without Federal involvement.
I urge my colleagues to support the passage of this legislation, and
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield
such time as he may consume to the author of this legislation, the
gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. I thank the gentleman for yielding, and I want
to thank Chairman Hastings and the ranking member for their cooperation
in moving this bill.
As you said in your explanation, this is a noncontroversial bill. It
solves the problem for the health providers of that area in Kotzebue.
I urge the House to pass the bill.
Mr. SABLAN. Mr. Speaker, I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I urge support of the bill,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Hastings) that the House suspend the
rules and pass the bill, H.R. 443, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HASTINGS of Washington. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________