PUBLIC LAW 108–437—DEC. 3, 2004 118 STAT. 2623

Public Law 108–437

108th Congress

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Three Affiliated Tribes Health

Facility Compensation Act’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) in 1949, the United States assumed jurisdiction over

more than 150,000 prime acres on the Fort Berthold Indian

Reservation, North Dakota, for the construction of the Garrison

Dam and Reservoir;

(2) the reservoir flooded and destroyed vital infrastructure

on the reservation, including a hospital of the Indian Health

Service;

(3) the United States made a commitment to the Three

Affiliated Tribes of the Fort Berthold Indian Reservation to

replace the lost infrastructure;

(4) on May 10, 1985, the Secretary of the Interior established the Garrison Unit Joint Tribal Advisory Committee to

examine the effects of the Garrison Dam and Reservoir on

the Fort Berthold Indian Reservation;

(5) the final report of the Committee issued on May 23,

1986, acknowledged the obligation of the Federal Government

to replace the infrastructure destroyed by the Federal action;

(6) the Committee on Indian Affairs of the Senate—

(A) acknowledged the recommendations of the final

report of the Committee in Senate Report No. 102–250;

and

(B) stated that every effort should be made by the

Administration and Congress to provide additional Federal

funding to replace the lost infrastructure; and

(7) on August 30, 2001, the Chairman of the Three Affiliated Tribes testified before the Committee on Indian Affairs

of the Senate that the promise to replace the lost infrastructure,

particularly the hospital, still had not been kept.

Three Affiliated

Tribes Health

Facility

Compensation

Act.

Dec. 3, 2004

[S. 1146]

118 STAT. 2624 PUBLIC LAW 108–437—DEC. 3, 2004

LEGISLATIVE HISTORY—S. 1146:

HOUSE REPORTS: No. 108–523, Pt. 1 (Comm. on Resources).

CONGRESSIONAL RECORD:

Vol. 149 (2003): Oct. 27, considered and passed Senate.

Vol. 150 (2004): Nov. 17, considered and passed House.

Æ

SEC. 3. RURAL HEALTH CARE FACILITY, FORT BERTHOLD INDIAN

RESERVATION, NORTH DAKOTA.

The Three Affiliated Tribes and Standing Rock Sioux Tribe

Equitable Compensation Act is amended—

(1) in section 3504 (106 Stat. 4732), by adding at the

end the following:

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as are necessary to carry out this

section.’’; and

(2) by striking section 3511 (106 Stat. 4739) and inserting

the following:

‘‘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.’’.

Approved December 3, 2004.