II 

116TH CONGRESS 

1ST SESSION S. 1977 

To approve the Kickapoo Tribe Water Rights Settlement Agreement, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2019 

Mr. MORAN introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To approve the Kickapoo Tribe Water Rights Settlement 

Agreement, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Kickapoo Tribe in Kansas Water Rights Settlement 

6 Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Ratification of Settlement Agreement. 

Sec. 5. Kickapoo Tribe water rights. 


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Sec. 6. Effect of Settlement Agreement and Act. 

Sec. 7. Water facilities. 

Sec. 8. Waiver and release of claims; retention of claims. 

Sec. 9. Enforceability date. 

Sec. 10. Judicial proceedings. 

Sec. 11. Miscellaneous provisions. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to achieve a fair, equitable, and final settle4 ment of claims to water rights in the State of Kan5 sas for— 

6 (A) the Kickapoo Tribe of Indians of the 

7 Kickapoo Reservation in Kansas; and 

8 (B) the United States, for the benefit of 

9 the Tribe and its members and allottees; 

10 (2) to authorize, ratify, and confirm the Kick11 apoo Tribe Water Rights Settlement Agreement per12 taining to the Tribal water right, entered into by the 

13 Tribe and the State of Kansas, to the extent that 

14 the Settlement Agreement is consistent with this 

15 Act; 

16 (3) to authorize and direct the Secretary— 

17 (A) to execute the Settlement Agreement; 

18 and 

19 (B) to take any other action necessary to 

20 carry out the Settlement Agreement in accord21 ance with this Act; and 


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1 (4) to direct the Natural Resources Conserva2 tion Service of the Department of Agriculture to 

3 take certain actions under the authority of the Wa4 tershed Protection and Flood Prevention Act (16 

5 U.S.C. 1001 et seq.) and other actions consistent 

6 with this Act. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) ACT.—The term ‘‘Act’’ means the Act of 

10 Congress to authorize the United States to enter 

11 into the Kickapoo Tribe Water Rights Settlement 

12 Agreement and to execute the obligations set forth 

13 herein, and for other purposes set forth herein. 

14 (2) ALLOTTED LANDS.—The term ‘‘allotted 

15 lands’’ means lands within the boundaries of the 

16 Reservation that were allotted to individual Kick17 apoo Tribe members in accordance with a treaty or 

18 Federal statute, and that are held in trust by the 

19 United States for the benefit of one or more mem20 bers or successors in interest thereto. 

21 (3) ALLOTTEE.—The term ‘‘allottee’’ means an 

22 individual Indian who holds a beneficial real prop23 erty interest in an allotment of Indian land that is— 

24 (A) located within the Reservation; and 

25 (B) held in trust by the United States. 


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1 (4) COURT.—The term ‘‘Court’’ means the 

2 United States District Court for the District of Kan3 sas unless otherwise specified herein. 

4 (5) DELAWARE RIVER BASIN.—The term 

5 ‘‘Delaware River Basin’’ means that area of land, 

6 depicted on the map attached as Exhibit 1 to the 

7 Kickapoo Tribe Water Rights Settlement Agree8 ment. 

9 (6) ENFORCEABILITY DATE.—The term ‘‘en10 forceability date’’ means the date on which the Sec11 retary publishes in the Federal Register the state12 ment of findings described in section 6(c). 

13 (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

14 has the meaning given the term ‘‘Indian tribe’’ in 

15 section 4 of the Indian Self-Determination and Edu16 cation Assistance Act (25 U.S.C. 5304). 

17 (8) KANSAS WATER RIGHTS.—The term ‘‘Kan18 sas water rights’’ means a property right in the use 

19 of water obtained under Kansas law. 

20 (9) KICKAPOO TRIBE WATER RIGHTS SETTLE21 MENT AGREEMENT; SETTLEMENT AGREEMENT.— 

22 The terms ‘‘Kickapoo Tribe Water Rights Settle23 ment Agreement’’ and ‘‘Settlement Agreement’’ 

24 mean the Agreement executed by and between the 


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1 Tribe and the State on September 9, 2016, as 

2 amended to conform to this Act, as applicable. 

3 (10) MEMBER.—The term ‘‘member’’ means 

4 any person duly enrolled as a member of the Tribe. 

5 (11) RESERVATION.—The term ‘‘Reserva6 tion’’— 

7 (A) means the land depicted on the map 

8 attached to the Settlement Agreement as Ex9 hibit 1; and 

10 (B) shall be used solely for the purposes of 

11 the Settlement Agreement, this Act, and any 

12 judgment or decree issued by the Court approv13 ing the Settlement Agreement. 

14 (12) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of the Interior. 

16 (13) STATE.—The term ‘‘State’’ means the 

17 Kansas State government and all of its officers, 

18 agents, agencies, departments, and divisions. 

19 (14) TRIBAL WATER RIGHT.—The term ‘‘Tribal 

20 water right’’ means the water rights ratified, con21 firmed, and declared to be valid for the benefit of 

22 the Tribe and its members and allottees, as set forth 

23 and described in section 5. 

24 (15) TRIBE.—The term ‘‘Tribe’’ means the 

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1 tion in Kansas, a federally recognized sovereign In2 dian Tribe that functions as a customary and tradi3 tional Indian Tribe, acting on behalf of itself and its 

4 members, but not acting on behalf of members in 

5 their capacities as allottees. 

6 (16) UNITED STATES.—The term ‘‘United 

7 States’’ means the United States of America acting 

8 in its capacity as trustee for the Tribe, its members, 

9 and allottees, or as specifically stated or limited in 

10 any given reference herein, in which case it means 

11 the United States of America acting in the capacity 

12 as set forth in said reference. 

13 SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT. 

14 (a) RATIFICATION.— 

15 (1) IN GENERAL.—As modified by this Act, the 

16 Settlement Agreement is authorized, ratified, and 

17 confirmed. 

18 (2) AMENDMENTS.—Any amendment to the 

19 Settlement Agreement is authorized, ratified, and 

20 confirmed, to the extent such amendment is exe21 cuted to make the Settlement Agreement consistent 

22 with this Act. 

23 (b) EXECUTION.— 

24 (1) IN GENERAL.—To the extent that the Set25 tlement Agreement does not conflict with this Act, 


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1 the Secretary shall execute the Settlement Agree2 ment, including all exhibits to, or parts of, the Set3 tlement Agreement requiring the signature of the 

4 Secretary. 

5 (2) MODIFICATIONS.—Nothing in this Act pre6 cludes the Secretary from approving any modifica7 tion to exhibits to the Settlement Agreement that is 

8 consistent with this Act, to the extent the modifica9 tion does not otherwise require congressional ap10 proval under section 2116 of the Revised Statutes 

11 (25 U.S.C. 177) or other applicable provision of 

12 Federal law. 

13 (c) ENVIRONMENTAL COMPLIANCE.—In imple14 menting the Settlement Agreement, the Secretary shall 

15 comply with all applicable provisions of— 

16 (1) the National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.); 

18 (2) the Endangered Species Act of 1973 (16 

19 U.S.C. 1531 et seq.); and 

20 (3) all other applicable Federal environmental 

21 laws. 

22 SEC. 5. KICKAPOO TRIBE WATER RIGHTS. 

23 (a) INTENT OF CONGRESS.—It is the intent of Con24 gress to provide to each allottee benefits that are equiva25 lent to, or exceed, the benefits allottees possess on the day 


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1 before the date of enactment of this Act, taking into con2 sideration— 

3 (1) the potential risks, cost, and time delay as4 sociated with litigation that would be resolved by the 

5 Settlement Agreement and this Act; 

6 (2) the availability of funding under this Act 

7 and from other sources; 

8 (3) the availability of water from the Tribal 

9 water right; and 

10 (4) the applicability of section 7 of the Act of 

11 February 8, 1887 (25 U.S.C. 381), and this Act to 

12 protect the interests of allottees. 

13 (b) CONFIRMATION OF TRIBAL WATER RIGHT.— 

14 (1) IN GENERAL.—A consumptive Tribal water 

15 right of up to 4,705 acre-feet of water per year is 

16 confirmed in accordance with the terms and condi17 tions of the Settlement Agreement. 

18 (2) PRIORITY DATE.—Consistent with the Set19 tlement Agreement, the priority date of the Tribal 

20 water right shall be October 24, 1832. 

21 (3) USE.—The Tribe may use the Tribal water 

22 right for any purpose set forth in the Settlement 

23 Agreement, this Act, and applicable Federal law. 

24 (c) TRUST STATUS OF TRIBAL WATER RIGHT.—The 

25 Tribal water right— 


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1 (1) shall be held in trust by the United States 

2 on behalf of the Tribe and its members and allottees 

3 in accordance with this section; and 

4 (2) shall not be subject to forfeiture or aban5 donment. 

6 (d) ALLOTTEES.— 

7 (1) APPLICABILITY OF ACT OF FEBRUARY 8, 

8 1887.—The provisions of section 7 of the Act of Feb9 ruary 8, 1887 (25 U.S.C. 381), relating to the use 

10 of water for irrigation purposes shall apply to the 

11 Tribal water right. 

12 (2) ENTITLEMENT TO WATER.—Any entitle13 ment to water of an allottee under Federal law shall 

14 be satisfied from the Tribal water right. 

15 (3) ALLOCATIONS.—An allottee shall be entitled 

16 to a just and equitable allocation of water for irriga17 tion. 

18 (4) MEMBERS.—Members who do not own in19 terests in allotted land shall nonetheless be entitled 

20 to the use of a portion of the Tribal water right pur21 suant to the terms and conditions of the Kickapoo 

22 Tribe Water Rights Settlement Agreement and the 

23 Tribal Water Code. 

24 (5) CLAIMS.— 


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1 (A) EXHAUSTION OF REMEDIES.—Before 

2 asserting any claim against the United States 

3 under section 7 of the Act of February 8, 1887 

4 (25 U.S.C. 381), or any other applicable law, 

5 an allottee shall exhaust remedies available 

6 under the Tribal Water Code or other applica7 ble Tribal law. 

8 (B) ACTION FOR RELIEF.—Following ex9 haustion of all remedies available under the 

10 Tribal Water Code or other applicable tribal 

11 law, an allottee may seek relief under section 7 

12 of the Act of February 8, 1887 (25 U.S.C. 

13 381), or other applicable law. 

14 (6) AUTHORITY OF THE SECRETARY.—The Sec15 retary shall have the authority to protect the rights 

16 of members or allottees in accordance with this sec17 tion. 

18 (e) AUTHORITY OF TRIBE.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (3), the Tribe shall have authority to use, al21 locate, distribute, and lease the Tribal water right 

22 for any use on the Reservation in accordance with 

23 the Settlement Agreement, this Act, the Tribal 

24 Water Code or other Tribal law, and applicable Fed25 eral law. 


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1 (2) OFF-RESERVATION USE.—The Tribe may 

2 allocate, distribute, and lease the Tribal water right 

3 for off-Reservation use in accordance with the Set4 tlement Agreement, subject to the approval of the 

5 Secretary. 

6 (3) LEASES BY ALLOTTEES.— 

7 (A) IN GENERAL.—An allottee may lease 

8 any interest in land held by the allottee, to9 gether with any water rights determined to be 

10 appurtenant to that interest in land, in accord11 ance with the Tribal Water Code. 

12 (B) OFF-RESERVATION USE.—An allottee 

13 may lease any water rights determined to be 

14 appurtenant to its allotment for off-Reservation 

15 in accordance with the Settlement Agreement, 

16 subject to the approval of the Secretary. 

17 (f) TRIBAL WATER CODE.— 

18 (1) IN GENERAL.—Not later than 3 years after 

19 the enforceability date, the Tribe shall enact a Trib20 al Water Code, that provides for— 

21 (A) the management, regulation, and gov22 ernance of all uses of the Tribal water right in 

23 accordance with the Settlement Agreement and 

24 this Act; and 


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1 (B) establishment by the Tribe of condi2 tions, permit requirements, and other require3 ments for the allocation, distribution, diversion, 

4 storage, and use of the Tribal water right in ac5 cordance with the Settlement Agreement and 

6 this Act. 

7 (2) INCLUSIONS.—Subject to the approval of 

8 the Secretary, the Tribal Water Code shall provide— 

9 (A) that any use of water by allottees shall 

10 be satisfied with water from the Tribal water 

11 right; 

12 (B) a process by which an allottee may re13 quest that the Tribe provide water for irrigation 

14 purposes in accordance with this Act, including 

15 the provision of water under any allottee lease 

16 under section 4 of the Act of June 25, 1910 

17 (25 U.S.C. 403); 

18 (C) that charges for delivery of water for 

19 irrigation purposes for allottees shall be as20 sessed in accordance with section 7 of the Act 

21 of February 8, 1887 (25 U.S.C. 381); 

22 (D) a due process system for the consider23 ation and determination by the Tribe of any re24 quest by a member or allottee (or a successor 

25 in interest to an allottee) for an allocation of 


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1 water for irrigation on allotted land, including 

2 a process for— 

3 (i) appeal and adjudication of any de4 nied or disputed distribution of water; and 

5 (ii) resolution of any contested admin6 istrative decision; and 

7 (E) a requirement that any member or al8 lottee with a claim relating to the enforcement 

9 of rights of the member or allottee under the 

10 Tribal Water Code, or to the quantity of water 

11 allocated to land of the allottee, shall exhaust 

12 all remedies available to the member or allottee 

13 under Tribal law before initiating an action 

14 against the United States or petitioning the 

15 Secretary pursuant to subsection (d)(5). 

16 (3) ACTION BY SECRETARY.— 

17 (A) IN GENERAL.—During the period be18 ginning on the date of enactment of this Act 

19 and ending on the date on which a Tribal 

20 Water Code described in paragraphs (1) and 

21 (2) is enacted, the Secretary shall administer, 

22 with respect to the rights of allottees, the Tribal 

23 water right in accordance with this Act. 


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1 (B) APPROVAL.—The Tribal Water Code 

2 described in paragraphs (1) and (2) shall not be 

3 valid unless— 

4 (i) the provisions of the Tribal Water 

5 Code required by paragraph (2) are ap6 proved by the Secretary; and 

7 (ii) each amendment to the Tribal 

8 Water Code that affects a right of an allot9 tee is approved by the Secretary. 

10 (C) APPROVAL PERIOD.—The Secretary 

11 shall approve or disapprove the Tribal Water 

12 Code or an amendment to the Tribal Water 

13 Code within a reasonable period of time after 

14 the date on which the Tribe submits the Tribal 

15 Water Code or amendment to the Secretary for 

16 approval. 

17 (g) ADMINISTRATION.— 

18 (1) NO ALIENATION.—The Tribe shall not per19 manently alienate any portion of the Tribal water 

20 right. 

21 (2) PURCHASES OR GRANTS OF LAND FROM IN22 DIANS.—An authorization provided by this Act for 

23 the allocation, distribution, leasing, or other ar24 rangement entered into pursuant to this Act shall be 

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1 tion of the action by treaty or convention imposed by 

2 section 2116 of the Revised Statutes (25 U.S.C. 

3 177). 

4 (3) PROHIBITION ON FORFEITURE.—The non5 use of all or any portion of the Tribal water right 

6 by a lessee or contractor shall not result in the for7 feiture, abandonment, relinquishment, or other loss 

8 of all or any portion of the Tribal water right. 

9 (h) EFFECT.—Except as otherwise expressly provided 

10 in this section, nothing in this Act— 

11 (1) authorizes any action by a member or allot12 tee (or any successor in interest to an allottee) 

13 against any individual or entity, or against the 

14 Tribe, under Federal, State, Tribal, or local law; or 

15 (2) alters or affects the status of any action 

16 pursuant to section 1491(a) of title 28, United 

17 States Code. 

18 SEC. 6. EFFECT OF SETTLEMENT AGREEMENT AND ACT. 

19 (a) ADMINISTRATION OF KANSAS WATER RIGHTS.— 

20 The State of Kansas shall administer all Kansas water 

21 rights in the Delaware River Basin in conformity with Ar22 ticle 7 of the Settlement Agreement and other exhibits ref23 erenced therein and attached thereto, and this Act. 

24 (b) EFFECT OF SETTLEMENT AGREEMENT AND

25 ACT.—Nothing in the Settlement Agreement or this Act— 


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1 (1) affects the ability of the United States, act2 ing as sovereign, to take action authorized by law 

3 (including any laws relating to health, safety, or the 

4 environment) including— 

5 (A) the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act of 

7 1980 (42 U.S.C. 9601 et seq.); 

8 (B) the Safe Drinking Water Act (42 

9 U.S.C. 300f et seq.); 

10 (C) the Federal Water Pollution Control 

11 Act (33 U.S.C. 1251 et seq.); and 

12 (D) any regulations implementing the Acts 

13 described in subparagraphs (A) through (C); 

14 (2) affects the ability of the United States to 

15 take actions acting as trustee for any other Indian 

16 Tribe or a member or allottee of any other Indian 

17 Tribe; 

18 (3) confers jurisdiction on any State court— 

19 (A) to interpret Federal law regarding 

20 health, safety, or the environment; 

21 (B) to determine the duties of the United 

22 States or any other party pursuant to a Federal 

23 law regarding health, safety, or the environ24 ment; or 


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1 (C) to conduct judicial review of a Federal 

2 agency action; 

3 (4) waives any claim of a member of the Tribe 

4 in an individual capacity that does not derive from 

5 a right of the Tribe; or 

6 (5) affects the requirement of any party to the 

7 Settlement Agreement or any of the exhibits to the 

8 Settlement Agreement to comply with the National 

9 Environmental Policy Act of 1969 (42 U.S.C. 4321 

10 et seq.) prior to performing the respective obliga11 tions of that party under the Kickapoo Tribe Water 

12 Rights Settlement Agreement. 

13 SEC. 7. WATER FACILITIES. 

14 (a) IN GENERAL.—The Secretary of Agriculture, as 

15 delegated to the Director of the Natural Resources Con16 servation Service, in consultation with the Secretary as 

17 delegated to the Secretary’s Indian Water Rights Office, 

18 is hereby directed— 

19 (1) to commence a study of the Upper Dela20 ware and Tributaries Watershed Plan, as authorized 

21 by the Committee on Environment and Public 

22 Works of the Senate (Senate Report 105–13; April 

23 22, 1997); and 

24 (2) not later than 2 years after the date of en25 actment of this Act, to make recommendations to 


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1 Congress with respect to material alterations or 

2 changes in the Upper Delaware and Tributaries Wa3 tershed Plan necessary to effectuate, in part, the 

4 Tribal water right approved, ratified, and confirmed 

5 by the Kickapoo Tribe Water Rights Settlement 

6 Agreement and this Act. 

7 (b) NO DUTY.—The enactment of this Act does not 

8 impose a duty or otherwise obligate the United States to 

9 appropriate funds, plan, design, or take any other action 

10 to construct any infrastructure. Any appropriations for in11 frastructure and any matters related to the Agreement 

12 and this Act will be considered by Congress following re13 ceipt of the recommendations for material changes or al14 terations in the Upper Delaware and Tributaries Water15 shed Plan referenced herein. 

16 SEC. 8. WAIVER AND RELEASE OF CLAIMS; RETENTION OF 

17 CLAIMS. 

18 (a) CLAIMS BY THE TRIBE AND ITS MEMBERS AND

19 ALLOTTEES AND THE UNITED STATES ON BEHALF OF

20 THE TRIBE AND ITS MEMBERS AND ALLOTTEES.—In re21 turn for recognition of the Tribal water right and other 

22 benefits set forth in the Settlement Agreement and this 

23 Act, including the commitments of the other parties here24 to, the Tribe, on behalf of itself and its members and 

25 allottees, and the United States acting in its capacity as 


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1 trustee for the Tribe and its members and allottees agree 

2 to execute a waiver and release of claims against the other 

3 parties to the Settlement Agreement from— 

4 (1) all claims for water rights in the Delaware 

5 River Basin that the Tribe or the United States act6 ing in its capacity as trustee for the Tribe asserted 

7 or could have asserted in any proceeding up to and 

8 including the date the Settlement Agreement be9 comes effective, except to the extent such rights are 

10 recognized in the Settlement Agreement; 

11 (2) all claims for damages, losses, or injuries to 

12 water rights or claims of interference with, diversion, 

13 or taking of water (including claims for injury to 

14 lands resulting from such damages, losses, injuries, 

15 interference with, diversion, or taking) in the Dela16 ware River Basin that accrued at any time up to 

17 and including the effective date; and 

18 (3) all claims against the State of Kansas, its 

19 agencies, or employees. 

20 (b) CLAIMS BY THE TRIBE AGAINST THE UNITED

21 STATES.—The Tribe, on behalf of itself and its members 

22 and allottees, as part of the performance of the obligations 

23 of the Tribe under the Settlement Agreement and this Act, 

24 agrees to execute a waiver and release of the following: 


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1 (1) All claims against the United States, its 

2 agents, or employees relating to claims for water 

3 rights in or water of the Delaware River Basin that 

4 the United States acting in its capacity as trustee 

5 for the Tribe asserted or could have asserted in any 

6 proceeding. 

7 (2) All claims against the United States, its 

8 agents, or employees relating to damages, losses, or 

9 injuries to water, water rights, land or natural re10 sources due to the loss of water or water rights (in11 cluding damages, losses, or injuries to hunting, fish12 ing, gathering, or cultural rights due to the loss of 

13 water or water rights, claims relating to interference 

14 with, diversion, or taking of water or water rights, 

15 or claims relating to failure to protect, acquire, re16 place, or develop water, water rights, or water infra17 structure) in the Delaware River Basin that first ac18 crued at any time up to and including the enforce19 ment date, except such claims are not waived until 

20 such time as appropriations for water related infra21 structure for the Upper Delaware and Tributaries 

22 Watershed Plan referenced in section 7 are paid, 

23 and then to the extent of the amount of the appro24 priations. 


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1 (3) All claims against the United States, its 

2 agents, or employees. 

3 (c) RESERVATION AND RETENTION OF RIGHTS.— 

4 Notwithstanding the waivers and releases described in this 

5 section, the Tribe on behalf of itself and its members and 

6 allottees, and the United States acting in its capacity as 

7 trustee for the Tribe and its members and allottees, re8 tain— 

9 (1) all claims for enforcement of the Settlement 

10 Agreement; 

11 (2) all claims against persons other than the 

12 parties to the Settlement Agreement for damages, 

13 losses, or injuries to water rights or claims of inter14 ference with, diversion, or taking of water (including 

15 claims for injury to lands resulting from such dam16 ages, losses, injuries, interference with, diversion, or 

17 taking) in the Delaware River Basin; 

18 (3) all rights to use and protect water rights ac19 quired after the date of enactment of this Act; 

20 (4) all claims relating to activities affecting the 

21 quality of water, including claims the Tribe might 

22 have under the Comprehensive Environmental Re23 sponse, Compensation, and Liability Act of 1980 (42 

24 U.S.C. 9601 et seq.) (including claims for damages 

25 to natural resources), the Safe Drinking Water Act 


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1 (42 U.S.C. 300f et seq.), the Federal Water Pollu2 tion Control Act (33 U.S.C. 1251 et seq.), and regu3 lations implementing those Acts; 

4 (5) to the extent not waived by court order and 

5 related joint stipulation that the Tribe executed with 

6 the United States in 2012 as part of the litigation 

7 styled Nez Perce Tribe et al. v. Salazar et al., No. 

8 06–cv–2239 (D.D.C. Apr. 11, 2012) all claims relat9 ing to damages, losses, or injuries to land or natural 

10 resources not due to the loss of water or water 

11 rights (including hunting, fishing, gathering, or cul12 tural rights); and 

13 (6) all rights, remedies, privileges, immunities, 

14 powers, and claims not specifically waived and re15 leased pursuant to the Settlement Agreement. 

16 (d) EFFECT.—Nothing in the Settlement Agree17 ment— 

18 (1) affects the ability of the United States act19 ing in its sovereign capacity to take actions author20 ized by law, including any law relating to health, 

21 safety, or the environment, including the Federal 

22 Water Pollution Control Act (33 U.S.C. 1251 et 

23 seq.), the Comprehensive Environmental Response, 

24 Compensation, and Liability Act of 1980 (42 U.S.C. 

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1 ural resources), the Safe Drinking Water Act (42 

2 U.S.C. 300f et seq.), and the Solid Waste Disposal 

3 Act (42 U.S.C. 6901 et seq.), and regulations imple4 menting those Acts; 

5 (2) affects the ability of the United States to 

6 take actions acting in its capacity as trustee for any 

7 other Indian tribe or allottee; and 

8 (3) waives any claim of a Member of the Tribe 

9 in an individual capacity that does not derive from 

10 a right of the Tribe. 

11 SEC. 9. ENFORCEABILITY DATE. 

12 (a) IN GENERAL.—The Settlement Agreement and 

13 waivers under section 8 shall take effect and be enforce14 able on the date on which the Secretary publishes in the 

15 Federal Register a statement of findings that— 

16 (1) the Settlement Agreement, as amended to 

17 conform with this Act, has been executed by the Sec18 retary of the Interior, the State, and the Tribe; and 

19 (2) the section 8 waivers and releases, except 

20 those in section 8(b)(2), have been executed. 

21 (b) TERM OF THE AGREEMENT.—The term of the 

22 Settlement Agreement shall commence on the effective 

23 date and shall continue perpetually. 


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1 SEC. 10. JUDICIAL PROCEEDINGS. 

2 Upon the date of enactment of this Act, the judicial 

3 proceeding described in Article 10 of the Settlement 

4 Agreement shall be and is hereby authorized to be com5 menced. 

6 SEC. 11. MISCELLANEOUS PROVISIONS. 

7 (a) WAIVER OF SOVEREIGN IMMUNITY BY THE

8 UNITED STATES.—Except as provided in subsections (a) 

9 through (c) of section 208 of the Department of Justice 

10 Appropriation Act, 1953 (43 U.S.C. 666), nothing in this 

11 Act waives the sovereign immunity of the United States. 

12 (b) PERFORMANCE BY THE UNITED STATES.—Per13 formance by the United States of its obligations under the 

14 Settlement Agreement that depend upon the appropriation 

15 of funds by Congress and the disbursement of such funds 

16 shall be contingent on such appropriation and disburse17 ment. No liability that depends upon the appropriation of 

18 such funds shall accrue to the United States for failure 

19 to perform an obligation under the Settlement Agreement 

20 where funds necessary to enable such performance are not 

21 appropriated or paid. 

22 (c) OTHER TRIBES NOT ADVERSELY AFFECTED.— 

23 Nothing in this Act quantifies or diminishes any land or 

24 water rights, or any claim or entitlement to land or water, 

25 of an Indian Tribe, band, or community other than the 

26 Tribe. 


pamtmann on DSKBFK8HB2PROD with BILLS
25 

•S 1977 IS

1 (d) LIMITATION ON CLAIMS FOR REIMBURSE2 MENT.—With respect to Indian land within the Reserva3 tion— 

4 (1) the United States shall not submit against 

5 any Indian-owned land located within the Reserva6 tion any claim for reimbursement of the cost to the 

7 United States of carrying out this Act and the Set8 tlement Agreement; and 

9 (2) no assessment of any Indian-owned land lo10 cated within the Reservation shall be made regard11 ing that cost. 

12 (e) EFFECT ON CURRENT LAW.—Nothing in this sec13 tion affects any provision of law (including regulations) 

14 in effect on the day before the date of enactment of this 

15 Act with respect to pre-enforcement review of any Federal 

16 environmental enforcement action. 

17 (f) NO USE OF CONDEMNATION OR EMINENT DO18 MAIN.—Land or interests in land may not be acquired by 

19 condemnation or eminent domain under this Act or for 

20 the purposes of this Act. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS