(B) APPROVAL.—The Tribal water code 
described in paragraphs (1) and (2) shall not be 
valid unless— 
(i) the provisions of the Tribal Water 
Code required by paragraph (2) are ap-
proved by the Secretary; and 
(ii) each amendment to the Tribal 
Water Code that affects a right of an allot-
tee is approved by the Secretary. 
(C) APPROVAL
PERIOD.—The Secretary 
shall approve or disapprove the Tribal Water 
Code or an amendment to the Tribal Water 
Code within a reasonable period of time after 
the date on which the Tribe submits the Tribal 
Water Code or amendment to the Secretary for 
approval. 
(g) ADMINISTRATION.— 
(1) NO ALIENATION.—The Tribe shall not per-
manently alienate any portion of the Tribal water 
rights. 
(2) PURCHASES OR GRANTS OF LAND FROM IN-
DIANS.—An authorization provided by this Act for 
the allocation, distribution, leasing, or other ar-
rangement entered into pursuant to this Act shall be 
considered to satisfy any requirement for authoriza-
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tion of the action by treaty or convention imposed by 
section 2116 of the Revised Statutes (25 U.S.C. 
177). 
(3) PROHIBITION ON FORFEITURE.—The non- 
use of all or any portion of the Tribal water right 
by a lessee or contractor shall not result in the for-
feiture, abandonment, relinquishment, or other loss 
of all or any portion of the Tribal water rights. 
(h) EFFECT.—Except as otherwise expressly provided 
in this section, nothing in this Act— 
(1) authorizes any action by a member or allot-
tee (or any successor in interest to an allottee) 
against any individual or entity, or against the 
Tribe, under Federal, State, Tribal, or local law; or 
(2) alters or affects the status of any action 
pursuant to section 1491(a) of title 28, United 
States Code. 
SEC. 6. EFFECT OF SETTLEMENT AGREEMENT AND ACT. 
(a) ADMINISTRATION OF KANSAS WATER RIGHTS.— 
The State of Kansas shall administer all Kansas water 
rights in the Delaware River Basin in conformity with Ar-
ticle 7 of the Settlement Agreement and other exhibits ref-
erenced therein and attached thereto, and this Act. 
(b) EFFECT
OF SETTLEMENT AGREEMENT
AND 
ACT.—Nothing in the Settlement Agreement or this Act— 
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(1) affects the ability of the United States, act-
ing as sovereign, to take action authorized by law 
(including any laws relating to health, safety, or the 
environment) including— 
(A) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(B) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(C) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); and 
(D) any regulations implementing the Acts 
described in subparagraphs (A) through (C); 
(2) affects the ability of the United States to 
take actions acting as trustee for any other Indian 
Tribe or a member or allottee of any other Indian 
Tribe; 
(3) confers jurisdiction on any State court— 
(A) to interpret Federal law regarding 
health, safety, or the environment; 
(B) to determine the duties of the United 
States or any other party pursuant to a Federal 
law regarding health, safety, or the environ-
ment; or 
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(C) to conduct judicial review of a Federal 
agency action; 
(4) waives any claim of a member of the Tribe 
in an individual capacity that does not derive from 
a right of the Tribe; or 
(5) affects the requirement of any party to the 
Settlement Agreement or any of the exhibits to the 
Settlement Agreement to comply with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), prior to performing the respective obliga-
tions of that party under the Kickapoo Tribe Water 
Rights Settlement Agreement. 
SEC. 7. WATER FACILITIES. 
The Secretary of Agriculture, as delegated to the Di-
rector of the Natural Resources Conservation Service, in 
consultation with the Secretary as delegated to the Sec-
retary’s Indian Water Rights Office, is hereby directed— 
(1) to commence a study of the Upper Dela-
ware and Tributaries Watershed Plan, as authorized 
by the Committee on Environment and Public 
Works of the Senate (Senate Report 105–13; April 
22, 1997); and 
(2) not later than 2 years after the date of en-
actment of this Act, to make recommendations to 
Congress with respect to material alterations or 
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changes in the Plan necessary to effectuate, in part, 
the Tribal water rights approved, ratified, and con-
firmed by the Kickapoo Tribe Water Rights Settle-
ment Agreement and this Act. 
The enactment of this legislation does not impose a duty 
or otherwise obligate the United States to appropriate 
funds, plan, design, or take any other action to construct 
any infrastructure. Any appropriations for infrastructure 
and any matters related to the Agreement and this Act 
will be considered by the Congress following receipt of the 
recommendations for material changes or alterations in 
the Plan referenced herein. 
SEC. 8. WAIVER AND RELEASE OF CLAIMS; RETENTION OF 
CLAIMS. 
(a) CLAIMS BY THE TRIBE AND ITS MEMBERS AND 
ALLOTTEES AND THE UNITED STATES ON BEHALF OF 
THE TRIBE AND ITS MEMBERS AND ALLOTTEES.—In re-
turn for recognition of the Tribal water right and other 
benefits set forth in the Agreement and this Act, including 
but not limited to the commitments of the other parties 
hereto, the Tribe on behalf of itself and its members and 
allottees and the United States acting in its capacity as 
trustee for the Tribe and its members and allottees agree 
to execute a waiver and release of claims against the other 
parties to the Agreement from— 
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