Three Affiliated Tribes Health Facility Compensation Act
PL 108-437 (S.1146), enacted 12/03/2004

118 STAT. 2623
PUBLIC LAW 108–437—DEC. 3, 2004
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 estab-
lished 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 Affili-
ated 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]
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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.
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.
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