S.Amdt. 4865Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4865
Sponsored by
Sen. Lisa Murkowski (R-AK)
Submitted December 1, 2021
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Senate amendment submitted
December 1, 2021
Text
Submitted
SA 4865. Ms. MURKOWSKI submitted an amendment intended to be proposed to amendment SA 3867 proposed by Mr. Reed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ____. CONVEYANCES OF TRIBAL PROPERTY. (a) Conveyance of Property to the Tanana Tribal Council.-- (1) Conveyance of property.-- (A) 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 section as the ``Secretary'') shall convey to the Tanana Tribal Council located in Tanana, Alaska (referred to in this subsection as 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. (B) Conditions.--The conveyance of the property under subparagraph (A)-- (i) shall be made by warranty deed; and (ii) shall not-- (I) require any consideration from the Council for the property; (II) impose any obligation, term, or condition on the Council; or (III) allow for any reversionary interest of the United States in the property. (C) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under subparagraph (A) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in paragraph (2) executed by the Secretary and the Council. (2) Property described.--The property, 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 11.25 acres. (3) Environmental liability.-- (A) Liability.-- (i) 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 paragraph (2) on or before the date on which the property is conveyed to the Council. (ii) Environmental contamination.--An environmental contamination described in [[Page S8872]] clause (i) 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 subsection 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 subsection, 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)). (b) Southeast Alaska Regional Health Consortium Land Transfer.-- (1) Conveyance of property.-- (A) In general.--As soon as practicable, but not later than 2 years, after the date of enactment of this Act, the Secretary shall convey to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska (referred to in this subsection as the ``Consortium''), 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. (B) Conditions.--The conveyance of the property under subparagraph (A)-- (i) shall be made by warranty deed; and (ii) shall not-- (I) require any consideration from the Consortium for the property; (II) impose any obligation, term, or condition on the Consortium; or (III) allow for any reversionary interest of the United States in the property. (C) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under subparagraph (A) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in paragraph (2) executed by the Secretary and the Consortium. (2) Property described.--The property, 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. (3) Environmental liability.-- (A) Liability.-- (i) In general.--Notwithstanding any other provision of law, the Consortium 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 paragraph (2) on or before the date on which the property is conveyed to the Consortium, except that the Secretary shall not be liable for any contamination that occurred after the date that the Consortium controlled, occupied, and used the property. (ii) Environmental contamination.--An environmental contamination described in clause (i) 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 subsection 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 subsection, 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)). ____________________