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.
PL 94-400 (S.3542), enacted 09/07/1976

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 hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assennbled, 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 com-
pensation 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 Dam in the State of 
Idaho, 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 Dam 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 Idaho shall 
apply: 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) In 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 pay-
ments or settlements of any nature 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 insur-
ance 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 use 616nn. 
90 STAT. 1212 
PUBLIC LAW 94-400—SEPT. 7, 1976 
Advance or 
partial payments. 
Regulations; 
publication in 
Federal Register. 
Publication in 
newspaper. 
(f) The acceptance by the claimant of any award, compromise, or 
settlement under this Act, except an advance or partial payment made 
under section 4(c), shall be final and conclusive on the claimant, and 
shall constitute a complete release of any claim against the United 
States by reason of the same subject matter. A release shall not, how-
ever, prevent an insurer with rights as a subrogee under its own name 
or that of the claimant from exercising any right of action against the 
United States to which it may be entitled under any other laws for 
payments made to the claimant for a loss arising from the subject 
matter, 
(g) Any claim for damages which may be payable in whole or in 
part by a claimant's insurer, shall not be paid by the Secretary unless 
and until the claimant provides written proof that the insurer has 
denied the claim or has failed to approve or deny such claim within six 
months of its presentment, and the claimant assigns to the United 
States his rights against the insurer with respect to such claim. Upon 
the acceptance of any payment or settlement under this Act, the claim-
ant shall assign to the United States any rights of action he has or 
may have against any other third party, including an insurer. 
SEC. 4. (a) In the determination and settlement of claims asserted 
under this Act, the Secretary shall limit himself to the determination 
of— 
(1) whether the losses sustained directly resulted from the 
failure of the Teton Dam on June 5,1976 ; 
(2) the amounts to be allowed and paid pursuant to this Act; 
and 
(3) the persons entitled to receive the same. 
(b) The Secretary shall determine and fix the amount of awards, 
if any, in each claim within twelve months from the date on which 
the claim was submitted. 
(c) At the request of a claimant, the Secretary is authorized to make 
advance or partial payments prior to final settlement of a claim, 
including final settlement on any portion or aspect of a claim deter-
mined to be logically severable. Such advance or partial payments 
shall be made available under regulations promulgated by the Secre-
tary under section 5, which regulations shall include, but not be limited 
to, provisions for such payments where the Secretary determines that 
to delay payment until final settlement of the claim would impose a 
substantial hardship on such claimant. When a claimant pursues a 
remedy as provided for in section 9 of this Act, he shall be permitted 
to retain such advance or partial payments under a final court decision 
on the merits. 
(d) Payments may be made for compensation for direct investments 
made in on-farm structural facilities in anticipation of service from 
the Teton Reservoir to the extent that such facilities are unuseable 
or are diminished in value by the denial of such service. 
SEC. 5. Notwithstanding any other provision of law, the Secretary 
shall within fifteen days after the enactment of this Act promulgate 
and publish in the Federal Register, final regulations and procedures 
for the handling of the claims authorized in section 2 of this Act. 
The Secretary shall also cause to be published, in newspapers with 
general circulation in the State of Idaho, an explanation of the rights 
conferred by this Act and the procedural and other requirements 
imposed by the rules of procedure promulgated by him. Such explana-
tion shall be in clear, concise, and easily understandable language. In 
addition, the Secretary shall also disseminate such explanation con-
PUBLIC LAW 94-400—SEPT. 7, 1976 
90 STAT. 1213 
cerning such rights and procedures, and other data helpful to claim-
ants, in the State of Idaho, by means of brochures, pamphlets, radio, 
television, and other media likely to reach prospective claimants. 
SEC. 6. The claims program established by this Act shall, to the 
extent practicable, be coordinated with other disaster relief operations 
conducted by other Federal agencies under the Disaster Belief Act 
of 1974 (42 U.S.C. 5121) and other provisions of law. The Secretary 
shall consult with the heads of such other Federal agencies, and shall, 
as he deems necessary, consistent with the expeditious determination 
of claims hereunder, make use of information developed by such 
agencies. The heads of all other Federal agencies performing disaster 
relief functions under the Disaster Relief Act of 1974 and other Fed-
eral authorities are hereby authorized and directed to provide the 
Secretary, or his designee, such information and records as the Secre-
tary or his designee shall deem necessary for the administration of 
this Act. 
'SEC. 7. In order to expedite the repair and restoration of irrigation 
facilities damaged as a direct result of the failure of the Teton Dam, 
the Secretary is authorized and directed to enter into agreements with 
the owners of such facilities to finance the repair or reconstruction 
thereof, to the standards and conditions existing immediately prior 
to the failure of Teton Dam, either by direct payment or through 
construction contracts administered by the Bureau of Reclamation 
to the extent the cost of repairs or construction are not covered by 
insurance. The cost of such repairs or reconstruction shall be non-
reimbursable. 
SEC. 8. At the end of the year following approval of this Act and 
each year thereafter until the completion of the claims program, the 
Secretary shall make an annual report to the Congress of all claims 
submitted to him under this Act stating the name of each claimant, 
the amount claimed, a brief description of the claim, and the status 
or disposition of the claim including the amount of each adminis-
trative payment and award under the Act. 
SEC. 9. (a) An action shall not be instituted in any court of the 
United States upon a claim against the United States which is 
included in a claim submitted under this Act until the Secretary or his 
designee has made a final disposition of the pending claim. A pend-
ing claim may be withdrawn from consideration prior to final decision 
upon fifteen days written notice, and such withdrawal shall be deemed 
an abandonment of the claim for all purposes under this Act. After 
withdrawal of a claim or after the final decision of the Secretary or 
his designee on a claim under this Act, a claimant may elect to assert 
said claim or institute an action thereon against the United States in 
any court of competent jurisdiction under any other provision of 
applicable law, and upon such election there shall be no further con-
sideration or proceedings on the claim under this Act. 
(b) Any claimant aggrieved by a final decision of the Secretary 
under this Act may file within sixty days from the date of such deci-
sion with the United States District Court for the District of Idaho 
a petition praying that such decision be modified or set aside in whole 
or in part. The court shall hear such appeal on the record made before 
the Secretary. The filing of such an appeal shall constitute an elec-
tion of remedies. The decision of the Secretary incorporating his find-
ings of fact therein, if supported by substantial evidence on the record 
considered as a whole, shall be conclusive. 
Consultation. 
Teton Dam 
facilities, repair 
or reconstruction. 
Financial 
agreement. 
Report to 
Congress. 
Court action. 
Claim 
withdrawal, 
notice. 
Petition. 
90 STAT. 1214 
PUBLIC LAW 94-400—SEPT. 7, 1976 
Fees. 
Penalty. 
"Persons." 
Appropriation 
authorization. 
(c) Except to the extent otherwise herein provided, nothing in 
this Act shall be construed to prevent any claimant under this Act 
from exercising any rights to which he may be entitled under any 
other provisions of law. 
(d) Attorney and agent fees shall be paid out of the awards here-
under. No attorney or agent on account of services rendered in con-
nection with each claim shall receive in excess of 10 per centum of 
the amount paid in connection therewith, any contract to the con-
trary notwithstanding. Whoever violates this subsection shall be fined 
a sum not to exceed $10,000. 
SEC. 10. For the purposes of this Act, the term "persons" means any 
individual, Indian, Indian tribe, corporation, partnership, company, 
municipality, township, association or other non-Federal entity. 
SEC. 11. If any particular provision of this Act or the application 
thereof to any person or circumstance, is held invalid, the other pro-
visions of this Act shall not be affected thereby. 
SEC. 12. There are hereby authorized to be appropriated such funds 
as may be required to carry out the purposes of this Act. 
Approved September 7, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1423 (Comm. on the Judiciary). 
SENATE REPORT No. 94-963 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
June 17, considered and passed Senate. 
Aug. 24, considered and passed House, amended. 
Aug. 25, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 37: 
Sept. 7, Presidential statement.