Page:United States Statutes at Large Volume 100 Part 2.djvu/93

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-469—OCT. 14, 1986

100 STAT. 1195

Public Law 99-469 99th Congress An Act To provide for the settlement of certain claims of the Papago Tribe of Arizona arising from the construction of Tat Momolikot Dam, and for other purposes.

Oct. 14, 1986 [H.R. 4217]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Tohono O'odham SHORT TITLE

1. This Act may be cited as the "Tohono O'odham Tat Momolikot Dam Settlement Act". SECTION

CONGRESSIONAL FINDINGS

SEC. 2. The Congress finds that— (1) it is the policy of the United States to settle, wherever possible, the land claims of Indian tribes without costly and lengthy litigation; (2) Tat Momolikot Dam was constructed in 1974 by the Corps of Engineers, Department of the Army, on lands belonging to the Tohono O'odham Indians to provide off-reservation flood protection to Pinal County, Arizona, and water conservation for the tribe; (3) the O'odham agreed to grant appropriate rights to approximately five thousand three hundred and twenty-four acres of land for the Tat Momolikot project on condition that the United States provide certain water conservation, irrigation, fish and wildlife and other benefits to the tribe; (4) the United States has failed to provide those benefits; (5) as a result, the United States has failed to acquire appropriate rights to the lands required for the construction of the dam and its reservoir; (6) the claims of the O'odham for damages for the use of tribal land by the United States without authorization by the tribe or compensation to it are the subject of prospective lawsuits against the United States; (7) it is in the long-term interest of the United States and the Tohono O'odham Indians to provide a fair and equitable settlement of the claims of the O odham for the injuries they have sustained; (8) the settlement contained in this Act will— (A) provide fair and equitable compensation and other valuable considerations to the Tohono O'odham Indians and the former residents of Tat Momoli village; and (B) secure for the United States appropriate rights for Tat Momolikot Dam and its reservoir. DEFINITIONS

SEC. 3. For the purposes of this Act, the term—

Tat Momolikot Dam Settlement Act.