Free Response to Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:02-cv-01383-MMS
r'

Document 60-49

Filed 05/02/2007

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Calendar No. 183
1 0 6 CONGRESS ~ ~ 1st Session

SENATE

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRtATIONS BILL, 2000

JUNE28, 1999.--Ordered to be printed

Mr. GORTON, from the Committee on Appropriations, submitted the following

REPORT
[To accompany S. 12921

The Committee on Appropriations reports the bill (S. 1292) making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 2000, and for other purposes, reports favorably thereon and recommends t h a t the bill do pass. Amounts in new budget (obligational) authority, fiscal year 2000 Estimates considered by Senate .............................. $14,057,9 10,000 Below the budget estimate, 2000 ..................... 1,208,227,000 Below appropriations, 1999 (including emer239,893,000 gencies) ...........................................................

In Support of Plaintiffs Opposition to Motion to Dismiss on TPA & IHS Samish v. U.S., No. 02-1383L

EXHIBIT 46

Case 1:02-cv-01383-MMS

Document 60-49

Filed 05/02/2007

Page 2 of 2

Contract suppot-t costs.-The Committee recommends $203,781,000for contract support costs. This amount is the same as the current fiscal year enacted level and $35,000,000 below the budget request. The Committee has included language in the bill that continues the moratorium on new and expanded contracts and compacts because a resolution to the issues that had resulted in its imposition last year has yet to be reached. Facilities and environmental health support.-The Committee has transferred this activity from Indian health facilities to Indian health services. The Committee recommends $114,887,000for facilities and environmental health support. This amount is $7,205,000 above the current fiscal year enacted ievei and $4,795,000below the budget request as included in Indian health facilities. The additional funds will provide $3,732,000 to meet fixed cost increases, $673,000 for staff for new facilities, and $2,800,000to increase injury prevention efforts. Funds provided for the fzci!ities progiarn are t be 5stributed in accordance with a o methodology that addresses the fluctuating annual workload and maintains parity among IHS Areas and the tribes as the workload shifts.
INDIAN HEALTH FACILlTIES Appropriations, 1999 ............................................................................. Budget estimate, 2000 ........................................................................... Committee recommendation ........................................................
$29 1,965,000 3 17,465,000 189,252,000

The Committee has provided $189,252,000for Indian health facilities, a decrease of $128,213,000below the budget request and a decrease of $102,713,000below the fiscal year 1999 enacted level. The amounts recommended by the Committee a s compared to the budget estimate are shown in the following table:
Budget estimate

Cammiltee ,earnmendation

Change

.

,

Maintenance and improvement ................................... Sanitation facilities Canstruction of facilities ............................................ Facilities and environmental health support .............. Equipment ..................... fatal. Indian health facilities ........................

$48,125,000 $42.625.000 -$5,500,000 92884.000 91.384.000 - 1.500.000 42,531,000 61,000,000 - 1,531,000 . 119.682.000 .......................... - 119,682,000 14.243.000 14.243.000 ........................... 317.465.000 189,252,000
- 128,213,000

;

.

Maintenance a n d improvement.-The Committee recommends $42,625,000 for maintenance and improvement. This amount is $2,000,000 above the current fiscal year enacted level and $5,500,000 below the budget request. Additional funds are provided to assist the Service in reducing the backlog of essential maintenance, alteration and repair for health care facilities and related real property. In recognition of the safety hazards posed by earthquake and other seismic activities to many aged Indian Health Care Facilities, the Committee directs the Indian Health Service, upon completion of the survey on estimated costs associated with compliance to seismic construction standards a s required by the Earthquake Hazard Reduction Program Act, to provide a priority list to the Congress