Tohono O'odham Tat Momolikot Dam Settlement Act
PL 99-469 (H.R.4217), enacted 10/14/1986

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 
Oct. 14, 1986 
from the construction of Tat Momolikot Dam, and for other purposes. 
[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 
Tat Momolikot 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Tohono O'odham Tat 
Momolikot Dam Settlement Act". 
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 approxi-
mately 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 appro-
priate 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 settle-
ment 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— 
Dam Settlement 
Act. 
100 STAT. 1196 
PUBLIC LAW 99-469—OCT. 14, 1986 
(1) "tribe" means the Tohono O'odham Nation, formerly 
known as the Papago Tribe of Arizona, organized under section 
25 use 476. 
16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 478); 
(2) "Secretary" means the Secretary of the Interior; unless 
otherwise specified; and 
(3) "Tat Momolikot D£im" means the dam constructed by the 
Corps of Engineers, Department of the Army, on Santa Rosa 
Wash in the Sif Oidak District of the Sells Papago Reservation. 
PAYMENTS TO TRIBE; UMITS ON SECRETARY'S UABILITY 
SEC. 4. (a) If the tribe executes the waiver and release referred to 
in section 6(aXl) and the grant of rights referred to in section 6(a)(2), 
the Secretary of the Treasury shall pay to the authorized governing 
body of the tribe the sum of $6,000,000 for the benefit of the tribe, 
together with interest accruing on such sum from the date of 
enactment of this Act at a rate determined by the Secretary of the 
Treasury taking into consideration the average market yield on 
Federal obligations of comparable maturity. 
Securities. 
^^ "^h® tribe shall invest sums received under this section in 
Community 
interest bearing deposits and securities until expended. The au-
development. 
thorized governing body of the tribe may spend the principal and 
interest and dividends accruing on such sums for economic and 
community development and other tribal purposes: Provided, That 
the sum of $100,000 shall be distributed by the tribe, on a fair and 
equitable basis, among those six individuals who were heads of 
households residing at Tat Momoli village in 1969 and owned 
improvements at said village, or among their heirs. No portion of 
the funds received under subsection (a) shall be used for per capita 
pajmients. 
(c) The Secretary shall not be responsible for the review, approval 
or audit of the moneys referred to in this section, nor shall the 
Secretary be subject to liability for any claim or cause of action 
arising from the Tribe's use and expenditure of such moneys. 
AUTHORIZATION OF APPROPRIATIONS 
Effective date. 
SEC. 5. Effective October 1, 1987, there are authorized to be 
appropriated such sums as are necessary to carry out the purposes 
of section 4 of this Act. 
Effective date. 
WAIVER AND RELEASE OF CLAIMS 
SEC. 6. (a) The Secretary shall be required to carry out his 
obligations under this Act only if, within one year after the date of 
enactment of this Act, the Papago Tribe executes— 
(1) a waiver and release in a manner satisfactory to the 
Secretary of any and all claims arising from the use of tribal 
land in connection with the construction of Tat Momolikot Dam 
and its reservoir prior to the date of enactment of this Act; and 
(2) a grant of appropriate rights for said dam and reservoir, 
(b) The waiver and release referred to in subsection (aXD and the 
grant of appropriate rights referred to in subsection (a)(2) shall not 
take effect until such time as the funds authorized to be paid to the 
Tribe have been appropriated and the payments referred to in 
section 4 have been made. 
PUBLIC LAW 99-469—OCT. 14, 1986 
100 STAT. 1197 
HAZARD REDUCTION 
SEC. 7. Within two years after the date of enactment of this Act, 
the Secretary shall construct such fences and cattleguards in the 
immediate vicinity of Tat Momolikot Dam and its reservoir as may 
be necessary to protect livestock. 
Animals. 
COMPLIANCE WITH BUDGET ACT 
SEC. 8. No authority under this title to enter into contracts or to 
make payments shall be effective except to the extent and in such 
amounts as provided in advance in appropriations Acts. Any provi- Effective date. 
sion of this title which, directly or indirectly, authorizes the enact-
ment of new budget authority shall be effective only for fiscal years 
beginning after September 30,1987. 
Approved October 14, 1986. 
LEGISLATIVE HISTORY—H.R. 4217: 
HOUSE REPORTS: No. 99-852 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Sept. 23, considered and passed House. 
Oct. 1, considered and passed Senate.