I 
115TH CONGRESS 
2D SESSION 
H. R. 7034 
To approve the Kickapoo Tribe Water Rights Settlement Agreement, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2018 
Ms. JENKINS of Kansas introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee 
on Agriculture, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To approve the Kickapoo Tribe Water Rights Settlement 
Agreement, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE; TABLE OF CONTENTS.—This Act 
may be cited as the ‘‘Kickapoo Tribe in Kansas Water 
Rights Settlement Agreement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Purposes. 
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Sec. 3. Definitions. 
Sec. 4. Approval of the Kickapoo Tribe Water Rights Settlement Agreement. 
Sec. 5. Kickapoo Tribe Water Rights. 
Sec. 6. Effect of Kickapoo Tribe Water Rights Settlement Agreement and Act. 
Sec. 7. Water facilities. 
Sec. 8. Waiver and release of claims; retention of claims. 
Sec. 9. Judicial proceedings. 
Sec. 10. Miscellaneous provisions. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settle-
ment of claims to water rights in the Delaware River 
Basin in Kansas for— 
(A) the Tribe; 
(B) its members and allottees; and 
(C) the United States, acting in its capac-
ity as trustee for the Tribe and its members 
and allottees; 
(2) to authorize, ratify, and confirm provisions 
of the Kickapoo Tribe Water Rights Settlement 
Agreement pertaining to the Tribal water rights ne-
gotiated by the Tribe, the State of Kansas, and the 
United States, and prior to the passage of this Act, 
entered into by the Tribe and the State of Kansas; 
(3) to authorize and direct the Secretary— 
(A) to execute the Kickapoo Tribe Water 
Rights Settlement Agreement; and 
(B) to take any other action necessary to 
carry out the Kickapoo Tribe Water Rights Set-
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tlement Agreement in accordance with this Act; 
and 
(4) to direct the Natural Resources Conserva-
tion Service of the Department of Agriculture to 
take certain actions under the authority of the Wa-
tershed Protection and Flood Prevention Act (16 
U.S.C. 1001 et seq.) and other actions consistent 
with this Act. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACT.—The term ‘‘Act’’ means the Act of 
Congress to authorize the United States to enter 
into the Kickapoo Tribe Water Rights Settlement 
Agreement and to execute the obligations set forth 
herein, and for other purposes set forth herein. 
(2) ALLOTTED
LANDS.—The term ‘‘allotted 
lands’’ means lands within the boundaries of the 
Reservation that were allotted to individual Kick-
apoo Tribe members in accordance with a treaty or 
Federal statute, and that are held in trust by the 
United States for the benefit of one or more mem-
bers or successors in interest thereto. 
(3) ALLOTTEE.—The term ‘‘allottee’’ means an 
individual who holds a beneficial real property inter-
est in an Indian allotment that is— 
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(A) located within the Reservation; and 
(B) held in trust by the United States. 
(4) COURT.—The term ‘‘Court’’ means the 
United States District Court for the District of Kan-
sas unless otherwise specified herein. 
(5) 
DELAWARE
RIVER
BASIN.—The 
term 
‘‘Delaware River Basin’’ means that area of land, 
depicted on the map attached as Exhibit 1 to the 
Kickapoo Tribe Water Rights Settlement Agree-
ment, within which the Chief Engineer will admin-
ister nondomestic Kansas water rights to protect the 
Tribal water rights. 
(6) ENFORCEABILITY
DATE.—The term ‘‘en-
forceability date’’ means the date on which the Sec-
retary publishes in the Federal Register the state-
ment of findings described in section 6(c). 
(7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(8) KANSAS WATER RIGHTS.—The term ‘‘Kan-
sas water rights’’ means a property right in the use 
of water obtained under Kansas law. 
(9) KICKAPOO TRIBE WATER RIGHTS SETTLE-
MENT
AGREEMENT.—The term ‘‘Kickapoo Tribe 
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Water Rights Settlement Agreement’’ means the 
Agreement executed by and between the Tribe and 
the State of Kansas on September 9, 2016, that is 
the subject of this approving legislation. 
(10) MEMBER.—The term ‘‘member’’ means 
any person duly enrolled as a member of the Tribe. 
(11) 
RESERVATION.—The 
term 
‘‘Reserva-
tion’’— 
(A) means the land depicted on the map 
attached to the Kickapoo Tribe Water Rights 
Settlement Agreement as Exhibit I; and 
(B) shall be used solely for the purposes of 
the Kickapoo Tribe Water Rights Settlement 
Agreement, this Act, and any judgment or de-
cree issued by the Court approving the Kick-
apoo Tribe Water Rights Settlement Agree-
ment. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(13) STATE OF KANSAS.—The term ‘‘State of 
Kansas’’ means the Kansas State government and 
all of its officers, agents, agencies, departments, and 
divisions. 
(14) TRIBAL WATER RIGHTS.—The term ‘‘Trib-
al water rights’’ means the water rights ratified, 
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confirmed, and declared to be valid for the benefit 
of the Tribe and its members and allottees, as set 
forth and described in section 5. 
(15) TRIBE.—The term ‘‘Tribe’’ means the 
Kickapoo Tribe in Kansas, a Federally recognized 
sovereign Indian Tribe that functions as a cus-
tomary and traditional Indian Tribe, acting on be-
half of itself and its members, but not acting on be-
half of members in their capacities as allottees. 
SEC. 4. APPROVAL OF THE KICKAPOO TRIBE WATER 
RIGHTS SETTLEMENT AGREEMENT. 
(a) RATIFICATION
OF KICKAPOO TRIBE WATER 
RIGHTS SETTLEMENT AGREEMENT.— 
(1) IN GENERAL.—Except as modified by this 
Act, and to the extent that the Kickapoo Tribe 
Water Rights Settlement Agreement does not con-
flict with this Act, the Kickapoo Tribe Water Rights 
Settlement Agreement is authorized, ratified, and 
confirmed. 
(2) AMENDMENTS.—Any amendment to the 
Kickapoo Tribe Water Rights Settlement Agreement 
is authorized, ratified, and confirmed, to the extent 
that the amendment is executed to make the Kick-
apoo Tribe Water Rights Settlement Agreement con-
sistent with this Act. 
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(b) EXECUTION
OF
KICKAPOO
TRIBE
WATER 
RIGHTS SETTLEMENT AGREEMENT.— 
(1) IN GENERAL.—To the extent that the Kick-
apoo Tribe Water Rights Settlement Agreement does 
not conflict with this Act, the Secretary is directed 
to and promptly shall execute— 
(A) the Kickapoo Tribe Water Rights Set-
tlement Agreement (including any exhibit to the 
Kickapoo 
Tribe 
Water 
Rights 
Settlement 
Agreement requiring the signature of the Sec-
retary); and 
(B) any amendment to the Kickapoo Tribe 
Water Rights Settlement Agreement necessary 
to make the Kickapoo Tribe Water Rights Set-
tlement Agreement consistent with this Act. 
(2) MODIFICATIONS.—Nothing in this Act pre-
cludes the Secretary from approving modifications to 
exhibits to the Kickapoo Tribe Water Rights Settle-
ment Agreement not inconsistent with this Act, to 
the extent those modifications do not otherwise re-
quire congressional approval pursuant to section 
2116 of the Revised Statutes (25 U.S.C. 177) or 
other applicable Federal law. 
(c) ENVIRONMENTAL COMPLIANCE.— 
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(1) IN GENERAL.—In implementing the Kick-
apoo Tribe Water Rights Settlement Agreement, to 
the extent required the Secretary, shall promptly 
comply with all applicable requirements of— 
(A) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(B) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(C) all other applicable Federal environ-
mental laws; and 
(D) all regulations promulgated under the 
laws described in subparagraphs (A) through 
(C). 
(2) COMPLIANCE WITH FEDERAL LAWS.— 
(A) COMPLIANCE.—The Secretary is di-
rected to carry out all Federal compliance nec-
essary to implement the Kickapoo Tribe Water 
Rights Settlement Agreement. 
(B) NEPA.—Execution of the Kickapoo 
Tribe Water Rights Settlement Agreement by 
the Secretary under this section shall not con-
stitute a major Federal action under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
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(3) LEAD AGENCY.—The Bureau of Indian Af-
fairs shall be designated as the lead agency with re-
spect to environmental compliance pursuant to this 
section. 
SEC. 5. KICKAPOO TRIBE WATER RIGHTS. 
(a) INTENT OF CONGRESS.—It is the intent of Con-
gress to provide to each allottee benefits that are equal 
to or exceed the benefits allottees possess as of the date 
of enactment of this Act, taking into consideration— 
(1) the potential risks, cost, and time delay as-
sociated with litigation that would be resolved by the 
Kickapoo Tribe Water Rights Settlement Agreement 
and this Act; 
(2) the availability of water from the Tribal 
water rights as set forth in the Kickapoo Tribe 
Water Rights Settlement Agreement; and 
(3) the applicability of section 7 of the Act of 
February 8, 1887 (25 U.S.C. 381), and this Act to 
protect the interests of allottees. 
(b) CONFIRMATION OF TRIBAL WATER RIGHTS.— 
(1) IN GENERAL.—A consumptive Tribal water 
right of up to 4,705 acre-feet of water per year is 
confirmed in accordance with the terms and condi-
tions of the Kickapoo Tribe Water Rights Settle-
ment Agreement. 
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