[House Report 108-523]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-523
HOUSE OF REPRESENTATIVES
2d Session Part 1
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THREE AFFILIATED TRIBES HEALTH FACILITY COMPENSATION ACT
_______
June 3, 2004.--Ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany S. 1146]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill (S.
1146) to implement the recommendations of the Garrison Unit
Joint Tribal Advisory Committee by providing authorization for
the construction of a rural health care facility on the Fort
Berthold Indian Reservation, North Dakota, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
Purpose of the Bill
The purpose of S. 1146 is to implement the recommendations
of the Garrison Unit Tribal Advisory Committee by providing
authorization for the construction of a rural health care
facility on the Fort Berthold Indian Reservation, North Dakota.
Background and Need for Legislation
S. 1146 authorizes appropriations for a $20 million health
care facility on the Fort Berthold Reservation, the reservation
for the Mandan, Hadatsa, and Arikara Nations (also known as the
Three Affiliated Tribes). Construction of the facility would
fulfill a recommendation by the Garrison Unit Tribal Advisory
Committee, which was formed to study how to compensate the
Three Affiliated Tribes for loss of property and infrastructure
from a flood caused by the federal Garrison Dam and Reservoir
project in the 1940s. When the dam project was being built,
hundreds of families representing 80% of the tribe were forced
to relocate as 150,000 acres of the Fort Berthold Indian
Reservation were flooded. The flood also destroyed
infrastructure, including a U.S. Public Health Service
hospital.
One of the Advisory Committee's recommendations was to
replace the health care facility. S. 1146 authorizes the
construction of, and related expenses for, a rural health care
facility on the Fort Berthold Reservation.
Committee Action
S. 1146 was introduced on May 23, 2003, by Senator Kent
Conrad D-ND). The Senate passed S. 1146 with an amendment by
unanimous consent on October 27, 2003. The bill was referred to
the Committee on Resources and in addition to the Committee on
Energy and Commerce. On May 19, 2004, the Full Resources
Committee met to consider the bill. No amendments were offered
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to implement the recommendations of
the Garrison Unit Joint Tribal Advisory Committee by providing
authorization for the construction of a rural health care
facility on the Fort Berthold Indian Reservation, North Dakota.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 26, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1146, the Three
Affiliated Tribes Health Facility Compensation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Eric Rollins.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin).
Enclosure.
S. 1146--Three Affiliated Tribes Health Facility Compensation Act
Summary: S. 1146 would authorize the appropriation of $20
million for the construction of a new hospital on the Fort
Berthold Indian Reservation in North Dakota. The act also would
authorize the appropriation of such sums as necessary for other
expenses--such as operating costs--associated with the new
facility.
CBO estimates that implementing S. 1146 would cost $2
million in 2005 and $57 million over the 2005-2009 period,
assuming appropriation of the necessary funds. These costs
would be borne by the Indian Health Service (IHS), which would
construct and operate the new hospital. The act would have no
effect on direct spending or revenues.
S. 1146 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1146 is shown in the following table.
The costs of this legislation fall within budget function 550
(health). For this estimate, CBO assumes that S. 1146 would be
enacted by the end of the fiscal year 2004.
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
----------------------------------
2005 2006 2007 2008 2009
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Construction of new hospital:
Estimated authorization level.... 1 1 12 6 0
Estimated outlays................ 1 1 12 6 0
Construction of staff quarters:
Estimated authorization level.... 1 1 12 5 0
Estimated outlays................ 1 1 12 5 0
Equipment and furnishings:
Estimated authorization level.... 0 0 0 3 0
Estimated outlays................ 0 0 0 3 0
Operating costs:
Estimated authorization level.... 0 0 0 5 10
Estimated outlays................ 0 0 0 5 10
Total spending under S. 1146:
Estimated authorization level.... 2 2 24 19 10
Estimated outlays................ 2 2 24 19 10
------------------------------------------------------------------------
Basis of estimate: CBO estimates that implementing S. 1146
would cost a total of $57 million over the 2005-2009 period,
assuming appropriation of the necessary funds. Construction of
the new hospital would cost $20 million over that period, while
related costs would total $37 million.
Construction of new hospital
S. 1146 would authorize the appropriation of $20 million
for a new hospital on the Fort Berthold Indian Reservation in
North Dakota. Based on the Indian Health Service's experience
in building other hospitals, CBO assumes that planning and
design for the new hospital would take place during 2005 and
2006, and that construction would begin in 2007 and be
completed in 2008. CBO estimates that costs for these
activities would be $1 million in both 2005 and 2006, $12
million in 2007, and $6 million in 2008.
Construction of staff quarters
In addition to the hospital itself, IHS also would have to
build living quarters for hospital staff. Based on information
from IHS, CBO estimates that the cost of these quarters would
total about $19 million, CBO assumes that these quarters would
be built at the same time as the hospital, with costs of $1
million in both 2005 and 2006, $12 million in 2007, and $5
million in 2008.
Equipment and furnishings
Based on information from IHS, CBO estimates that the
purchase of medical equipment and furnishings for the new
hospital would cost $3 million in 2008.
Operating costs
Based on information from IHS, CBO estimates that staffing
and maintenance costs for the new hospital would total $5
million in 2008 and $10 million in 2009. Costs in 2008 would be
lower because CBO assumes that the new hospital would be open
for only part of the year.
Intergovernmental and Private-Sector Impact: S. 1146
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On September 22, 2003, CBO
transmitted a cost estimate for S. 1146 as ordered reported by
the Senate Committee on Indian Affairs on July 16, 2003. The
two versions of the legislation and their estimated costs are
identical, except that CBO's estimate for the version approved
by the House Committee on Resources reflects a later assumed
enactment date, with likely costs over the 2005-2009 period
(while the earlier estimate showed costs over the 2004-2008
period).
Estimate prepared by: Federal Costs: Eric Rollins. Impact
on state, Local, and Tribal governments: Leo Lex. Impact on the
Private Sector: Selena Caldera.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any state, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
THREE AFFILIATED TRIBES AND STANDING ROCK SIOUX TRIBE EQUITABLE
COMPENSATION ACT
TITLE XXXV--THREE AFFILIATED TRIBES AND STANDING ROCK SIOUX TRIBE
EQUITABLE COMPENSATION PROGRAM, NORTH DAKOTA
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Three Affiliated Tribes and
Standing Rock Sioux Tribe Equitable Compensation Act''.
* * * * * * *
SEC. 3504. FUNDS.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
section.
* * * * * * *
[SEC. 3511. AUTHORIZATION.
[There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of section 3504 of this
title.]
SEC. 3511. RURAL HEALTH CARE FACILITY, FORT BERTHOLD INDIAN
RESERVATION, NORTH DAKOTA.
There are authorized to be appropriated to the Secretary of
Health and Human Services $20,000,000 for the construction of,
and such sums as are necessary for other expenses relating to,
a rural health care facility on the Fort Berthold Indian
Reservation of the Three Affiliated Tribes, North Dakota.