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

Case 1:02-cv-01383-MMS
~O&H CONGRESS 1st Session

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&PORT

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HOUSE OF R.JWlUEENTATm,!3

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104-173

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS BILL, 1996

JUNE 1995.--Committed to the Committee of the Whole House on the State of 30, the Union and ordered t be printed o

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-----tvlr. ntitiu~A, from the

Committee on ~ppropriations, submitted the following

R E P O R T
together with DISSENTING VIEWS
[To accompany H.R. 19771

The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for the Department of the Interior and Related Agencies for the fiscal year ending September 30, 1996, the bill provides regular annual appropriations for the Department of the Interior (except the Bureau of Reclamation) and for other related agencies, including the Forest Service, the Department of Energy, the Indian Health Service, the Smithsonian Institution, and the N a t i ~ n a lFoundation on the Arts and the Humanities.
CONTENTS
Page number Sill Repod

Department of the Interior: Bureau of Land Management ............................................................ U.S. Fish and Wildlife Service ........................................................... National Biological Service ................................................................ National Park Service ......................................................................... U.S. Geological Survey .................................... .. . ................. . Minerals Management Service ...................... . . ............................... Bureau of Mines ........................ . .................................................. . . Ofice of Surface Mining Reclamation and Enforcement ................. Bureau of Indian Affairs .................................... ................................
91-751

EXHIBIT 43
In Support of Plaintiffs Opposition to Motion to Dismiss on TPA & IHS Sarnish v. U.S., No. 02-1383L

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Comparison:

Appropriation. 1995 .......................... . ..................................... . . Budget estimate. 1996 ...................................................................

- 4,800.000 - 4,923,000

TAe Energy Information Administration is a quasi-independent agency within the Department of Energy established to provide o timely, objective, and accurate energy related information t the Congress, executive branch, S a e governments, industry, and the tt public. The information and analysis prepared by the EIA is widely disseminated and the agency is recognized a s an unbiased source of energy information by government organizations, industry, pro,, :s , , fiGaaLvad ststistid orgaiiizations &id the piibiii-. The Committee recommends an appropriation of $79,766,000 for the Energy Information Administration which is a decrease of $4,923,000 below the budget request and $4,800,000 below the fiscal year 1995 level- The reduction to the budget request recernrnefidel by the Ccmmittee inc!cd,es decr-eses ef $333,0!M fer the manufacturing energy consumption survey, $750,000 for mid-term forecasting model development, $1,008,000 for oil and gas surveys, $1,540,000 for administrative overhead expenses paid to the Department's office of human resources, and $1,300,00 for pay and other administrative cost savings to be achieved in accordance with the guidance provided in the front of this reylart and with the Secretary's strategic realignment initiative. Bill language has been recommended to require that the manufacturing energy consumption survey be conducted once every three years, rather than the currently mandated two-year cycle. Language also has been recommended to make permanent the authority to enter into 8-year contracts for end use consumption surveys.
DEPARTMENT OF HEALTH A D HUMAN SERVICES N
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
Approprietion enacted. 1995 ................................................... .......... Budget estimate, 1 % ................................................................. ..... Recommended. 1996 ........................................................................... Comparison:- . Appropnahon, 1995 ........................................................................ Budget estimate,1996 .................................................................... $1.709.780,000 1.816.350,000 1,725,792,000

+ 18,012,000 - 90,558,000

The provision of Federal health services to Indians is based on a spcaial relationship between Indian tribes and the U.S. Government first s e t forth in the 1830's by the U.S. Supreme Court under Chief Justice John Marshall. This relationship has been reconfirmed by numerous treaties. statutes, constitutionai provisions, and international law- Principal among these is the Snyder Act. of 1921 which provides the basic authority for most Indian health sewices provided by the Federal Government to American Indians and Alaska Natives. The Indian Health Service (IHS) provides direct health care services in 41 hospitals, 66 health centers, 4 school health centers, and 44 health stations- Tribes and tribal groups, through contracts with the IHS, operate 8 hospitals, 110 health centers, 4 school health centers, 62 health stations, and 171 Alaska viliage clinics. The IHS, tribes and tribal porlps also operate 7 re-

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95 gional youth substance abuse treatment centers and more than 2,000 units of staff quarters. The Committee recommends $1,725,792,000 for Indian Health Services, an increase of $16,012,000 above the fiscal year 1995 enacted level of $1,709,780,000 and $90,558,000 below the fiscal year 1996 budget request of $1,816,350,000. The Committe~e's recommendation for the Indian Health Service assumes that @ayand fued cost increases will be absorbed by the agency, and that no new initiatives will be funded in fiscal year 1996. However, the an Committee is providi~g increase to accommodate stafing a t four new facilities: Kotzebu, A : Alaska Native Medical Center, A-Kr K Shiprock Hospital, NM; and Hays Health Center, MT. It is the Committee's intent that all tribes, including those compacting or contracting under Indian self determination or Indian self governance, should share equitably as a result of any reductions from the budget request. The amount recommended by the Committee a s compared to the budget estimate by activity is shown in the following table:
\

I l n Ihouundm o f 3eLl.r.) FY 1096 h d .t h t t z o . Lru~t.d tstlrstPr BLLl

Olon c P r o . ~at1-t..

Pr.v.m(lr. Le.lt1, F u b l l c 1 , u L t h nurstnp (LI.lth Mu~.tLw

............................... ....................................
...............................

11.808

U A n l.uLt* p o l s t . . 1adl.m r u l r h wor-..Lon. ............................. lrlbl -at ..................................... Dlrect tlors

...-............................

21.149

20.044

s t * . *

..................................... ......................................

I * d l ~ s r . / 0 d I c d d ReLmW*.wnt. ( d O 0 ~ 1 t a L l.(t ~ L l n f i e c c r s d l ? l t l e ~ tE.1. . rc1.L. i r d l o n nm.lth

colLoctsyl.

(109.419) 7 .

<176.I%I

ll76.630:-

Lrrle..

...................

t.al6.1W
----ma---.--

-------l.726.J%Z

-9O.SW

Hospitals a n d Health Clinics.-The Committee recommends $832,857,000 for hospitals and health ciinics which includes decreases of $35,990,000 for pay and fixed costs, $250,000 for woman's health, $250,000 for elder health programs, $750,000 for epidemiology centers, and $1,500,00Q for the information system initiative. The Committee is recommending an increase of $8,991,000 for staffing and operations a t new facilities, same a s the budget re-

Dental Health.-The Committee recomm.ends $58,285,000 for dental health services including a decrease of $2,546,000 for pay and fixed costs, The Committee is recommending an increase of $767,000 for s M i n g and operations a t new facilities, same as the budget request. Menta! Health.-'fie Committee recornmends $36,824,000 for mental health services, including decreases of $1,675,000 for pay and fixed costs m $250,000 for the Child Abuse Preventio!: Act. d

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Tbe Committee recommends a n increase of $376,000 for stalling and operations at new facilities, same as the budget request. Alcohol and Substance Abuse.--The Committee recommends

$362,564,000 in contract health services including decreases of $19,640,000 for pay and fixed cost and $2,500,000for the contract health care initiative. The Committee does not object to continuing the California contract health demonstration project as long a s the tribes in California choose to participate and elect to provide funding for this pro-

Health Education.-The Committee recommends $8,313,000for health education including a decrease of $385,000for pay and fixed costs and a n increase of $69,000 for staffing and operations a t new facilities, same as the budget request. Community Health Representatives.-The Committee recommends $43,955000 for community health representatives including a decrease of $2,318,000for pay and fixed costs. ,Uaska Immunization.-The Committee recommends $1,328,000 for the Alaska immunization program including a decrease of $69,000 for pay and fixed costs. Urban Health.-The Committee recommends $23,349,000 for urban health including a decrease cf $1,231,000for pay and fixed for costs and $1,200,000 increased urban health services. Indian Health Professions.-The Committee recommends $28,044,000for Indian health professions including a decrease of' $1,475,000 pay and fixed costs. for for Tribal Management;-The Committee recommends $5,348,800 Indian health professions including a decrease of $161,000for pay and fixed costs.

While the Committee strongly supports the self-governance program and expects the IHS to expand the program to accommodate corllpacts with tribes in fiscal :-ear 1996,the Committee believes that new self-governance compacts should not be mego-

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- 97
tiated a t the expense of program funding for other tribes. To the extent that funds cannot be made available for a new compact without negatively affecting services available to ot.her tribes, IHS should not enter into the compa.ct. Contract Support Costs.-The Committee recornmen& $153,040,000 for contract support costs including decreases of $11,864,000 for pay and fixed costs and $3,770,000 for support cost shortfalls. The Committee recommends an increase of $80,000 for staffing and operations of new facilities, same as the budget re'The Committee has provided $7,500,000 for the Indian Self Determination Fund. These funds are to be used for new and expanded contracts. The IHS should not use 3SD funds to accommodate existing or new self governance compacts. The Committee again expects IHS to work with the tribes, the BIA and the Inspector General a t the Department of the Interior to contain the cost escalation in contract support costs. In today's constrained budget climate the contract support cost activity must receive its fair share of administrative streamlining and procurement reform funding reductions as well a s the lower inflation allowances provided for all other programs within IHS.
INDIAN HEALTH FACILITIES
Appropriation enacted. 1995 .............................................................. Budget estimate, 1996 ........................................................................... Recommended. 1996 ............................................................................

$253,282,000 242,672,000 236,975,000

The need for new Indian health care facilities has not been fully quantified but it is safe to say that many billions of dollars would be required to renovate existing facilities and construct all the neetled new hospitals and clinics. Safe and sanitary water and sew?r systems for existing homes and solid waste disposal needs currently are estimated to amount to over $600 miIlion for those projects that are considered to be economically feasible. The Committee recommends $236,975,000 for Indian health fz-cilities, a decrease of $16,307,600 below the fiscal year 1995 appropriation of $253,282,000 and a decrease $5,697,000 below the fiscal year 1986 budget request of $242,672,000. The amount recommended by the Committee a s compared to the budget estimate by activity is shown in the following table:

I1.im;enor.c. en. I-o-mt C ~ n S t r K t t o nItellltlr.

Eoviwnt.

..............................: ............................................ .
..............................

...........................

=.a=

27.822 11.896

SS-4-

11.114
98.001

e4.a.1

11.661

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Maintenance and Improuement. -The Committee recommends $38,334,000 for maintenance and improvement including a decrease of $1,150,000 for pay and fixed costs. New and &placement Hospitals.-The Committee recommends $11,2 14,000 for new and replacement hos itals, including $2,216,000 for the Hays, MT health center, and 8,998,000 for the White Earth, NM health center. Sanitation Facilities.--The Committee recommends $84,889,000 for sanitation facilities including a decrease of $192,000 for pay and f d costs. The Committee has not specified the amount of sanitation funds tc! he ~ s e d fir cew 2nd rensvated hexes zr f ~ addressing the backr log of needs for existing homes. Funds for sanitation facilities for new and renovated homes should be limited to projects serving the Bureau of Indian Affairs housing improvement program, homes new to the site during the funding year or the previous fiscal year

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vious fiscal year. A renovation should include a t least a bedroom or bathroom addition. All other needs should be included in the sanitation deficiency system and addressed in priority order. Equipment.-The Committee recommends $12,975,000 for equipment including a decrease of $688,003 for pay and fixed costs. Facilities a n d Environmental Health Support.-The Committee recommends $89,081,000 for facilities and environmental health support including decreases of $3,653,000 for pay and fixed costs, and a n increase of $301,000 for staffing and operations of new facilities, same as the budget request. Conlract Support Costs.-The Committee recomnlends $482,000 for contract support costs including a reduction of $14,000 for pay and fured costs. The Committee again recommends that funds provided for the facilities program should be distributed in accordance with a methodology that addresses the fluctuating annual workload and maintains parity among IHS areas and the tribes a s the workload shifts. DEPARTMENT OF EDUCATION

OFFICEO F ELEMENTARY SECONDARY AND EDUCATION
IND1.W EDUCATION

Appropriation enacted, i995 ...............................................-................. Budget estimate. 1 9 ...................................................................... 96 Recommended, 1 9 .............................................................................. 96 Comparison: . . Appropnatlon, 1995 ........................................................................ Budget estimate. 1996 ....................................................................

$81,34 1,000 84,785,000 1,000,000
- 8 . 41,000 03 - 83,785.000

In order to reduce duplication, achieve savings, and fund priority reservation based school operations in the Bureau of Indian Affairs, the Committee recommends $1,000,000 for the orderly termination of the programs administered by the Office of Indian Education. The amouat recommended by the Committee as compared to the budget estimate by activity is shown in the following table: