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H.R. 441 — what changed

Don Young Alaska Native Health Care Land Transfers Act of 2022

From Reported in House to Engrossed in House. 1 section amended and 4 added between Reported in House and Engrossed in House.

Section 1 Short title

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

(a)
removed Conveyance of property—
(1)
removed In general— 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 Tanana Tribal Council located in Tanana, Alaska (referred to in this section as the Council), 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.
(2)
removed Effect on any quitclaim deed— The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Council.
(3)
removed Conditions— The conveyance of the property under this section—
(A)
removed shall be made by warranty deed; and
(B)
removed shall not—
(i)
removed require any consideration from the Council for the property;
(ii)
removed impose any obligation, term, or condition on the Council; or
(iii)
removed allow for any reversionary interest of the United States in the property.
(b)
removed Property described— The property, including all land, improvements, and appurtenances, described in this subsection is the property included in U.S. Survey No. 5958, Lot 12, in the village of Tanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks Meridian, Alaska, containing 11.25 acres.
(c)
removed Environmental liability—
(1)
removed Liability—
(A)
removed In general— Notwithstanding any other provision of law, the Council shall not 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 subsection (b) on or before the date on which the property is conveyed to the Council.
(B)
removed Environmental contamination— An environmental contamination described in subparagraph (A) 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.
(2)
removed Easement— The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary.
(3)
removed Notice of hazardous substance activity and warranty— In carrying out this section, 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)).

Sec. 2 Definitions

added

added For the purposes of this Act:

(1)
added Consortia— The term Consortia means the Alaska Native Tribal Health Consortium and Southeast Alaska Regional Health Consortium.
(2)
added Council— The term Council means the Tanana Tribal Council located in Tanana, Alaska.
(3)
added Secretary— The term Secretary means the Secretary of Health and Human Services.

Sec. 3 Conveyances of property

added
(a)
added Conveyance of property to the Tanana Tribal Council—
(1)
added 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)
added 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)
added Conveyance of property to the Southeast Alaska Regional Health Consortium—
(1)
added 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)
added 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)
added Conveyance of property to the Alaska native tribal health consortium—
(1)
added 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)
added Property described— The property referred to in paragraph (1), including all land, improvements, and appurtenances, is the following:
(A)
added 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)
added 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.

Sec. 4 Conditions of the conveyance of the properties

added
(a)
added Conditions— The conveyance of the properties under section 3—
(1)
added shall be made by warranty deed; and
(2)
added shall not—
(A)
added require any consideration from the Consortia or the Council for the property;
(B)
added impose any obligation, term, or condition on the Consortia or the Council regarding the property; or
(C)
added allow for any reversionary interest of the United States in the property.
(b)
added 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.

Sec. 5 Environmental liability

added
(a)
added Liability—
(1)
added 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)
added 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)
added 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)
added 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)
added Limitation on applicability— The provisions in this section apply only to the property conveyances specifically required by this Act.