Page:United States Statutes at Large Volume 90 Part 1.djvu/1261

 PUBLIC LAW 94-400—SEPT. 7, 1976

90 STAT. 1211

Public Law 94-400 94th Congress An Act To authorize the Secretary of the Interior to make compensation for damages arising out of the failure of the Teton Dam a feature of the Teton Basin Federal reclamation project in Idaho, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress finds that without regard to the proximate cause of the failure of the Teton Dam, it is the purpose of the United States to fully compensate any and all persons, for the losses sustained by reason of the failure of said dam. The purposes of this Act are (1) to provide just compensation for the deaths, personal injuries and losses of property, including the destruction and damage to irrigation works, resulting from the failure on June 5, 1976, of the Teton D a m in the State of I d a h o, and (2) to provide for the expeditious consideration and settlement of claims for such deaths, personal injuries, and property losses. SEC. 2. All persons who suffered death, personal injury, or loss of property directly resulting from the failure on June 5, 1976, of the Teton D a m of the Lower Teton Division of the Teton Basin Federal reclamation project which was authorized to be constructed by the Act of September 7, 1964 (78 Stat. 925) shall be entitled to receive from the United States full compensation for such death, personal injury, or loss of property. Claimants shall submit their claims in writing to the Secretary, under such regulations as he prescribes, within two years after the date on which the regulations required by section 5 are published in the Federal Register. Claims based on death shall be submitted only by duly authorized legal representatives. SEC. 3. (a) The Secretary of the Interior, or his designee for the purpose, acting on behalf of the United States, is hereby authorized to and shall investigate, consider, ascertain, adjust, determine, and settle any claim for money damages asserted under section 2. Except as otherwise provided herein, the laws of the State of I d a h o shall a p p l y: Provided, That determinations, awards, and settlements under this Act shall be limited to actual or compensatory damages measured by the pecuniary injuries or loss involved and shall not include interest prior to settlement or punitive damages. (b) I n determining the amount to be awarded under this Act the Secretary shall reduce any such amount by an amount equal to the total of insurance benefits (except life insurance benefits) or other payments or settlements of any n a t u r e previously paid with respect to such death claims, personal injury, or property loss. (c) Payments approved by the Secretary under this Act on death, personal injury, and property loss claims, shall not be subject to insurance subrogation claims in any respect under this Act but without prejudice under other laws as provided in subsection (f). (d) The Secretary shall not include in an award any amount for reimbursement to any insurance fund for loss payments made by such company or fund. (e) Except as to the United States, no claim cognizable under this Act shall be assigned or transferred.

Sept. 7, 1976 [S. 3542]

Teton Dam, Idaho. Damages, compensation.

Casualty or property losses, claims. 43 USC 616nn.

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