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[108th Congress Public Law 437]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ437.108]

[[Page 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. <<NOTE: Dec. 3, 2004 -  [S. 1146]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Three Affiliated 
Tribes Health Facility Compensation Act.>> 

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.

[[Page 118 STAT. 2624]]

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.

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.

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