I 
116TH CONGRESS 
1ST SESSION H. R. 3491 
To approve the Kickapoo Tribe Water Rights Settlement Agreement, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2019 
Mr. WATKINS (for himself and Ms. DAVIDS of Kansas) introduced the fol-
lowing bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committee on Agriculture, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Kickapoo Tribe in Kansas Water Rights Settlement 
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. Ratification of settlement agreement. 
Sec. 5. Kickapoo Tribe water rights. 
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. 
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 State of Kan-
sas for— 
(A) the Kickapoo Tribe of Indians of the 
Kickapoo Reservation in Kansas; and 
(C) the United States, for the benefit of 
the Tribe and its members and allottees; 
(2) to authorize, ratify, and confirm the Kick-
apoo Tribe Water Rights Settlement Agreement per-
taining to the Tribal water rights, entered into by 
the Tribe and the State of Kansas, to the extent 
that the Settlement Agreement is consistent with 
this Act; 
(3) to authorize and direct the Secretary— 
(A) to execute the Agreement; and 
(B) to take any other action necessary to 
carry out the Settlement Agreement in accord-
ance with this Act; and 
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(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 Indian who holds a beneficial real prop-
erty interest in an allotment of Indian land that is— 
(A) located within the Reservation; and 
(B) held in trust by the United States. 
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(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. 
(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; SETTLEMENT
AGREEMENT.— 
The terms ‘‘Kickapoo Tribe Water Rights Settle-
ment Agreement’’ and ‘‘Settlement Agreement’’ 
mean the Agreement executed by and between the 
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Tribe and the State on September 9, 2016, as 
amended to conform to this Act, as applicable. 
(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 Settlement Agreement as Ex-
hibit I; and 
(B) shall be used solely for the purposes of 
the Settlement Agreement, this Act, and any 
judgment or decree issued by the Court approv-
ing the Settlement Agreement. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(13) STATE.—The term ‘‘State’’ means the 
Kansas State government and all of its officers, 
agents, agencies, departments, and divisions. 
(14) TRIBAL WATER RIGHT.—The term ‘‘Tribal 
water right’’ means the water rights ratified, con-
firmed, 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 of Indians of the Kickapoo Reserva-
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tion in Kansas, a federally recognized sovereign In-
dian Tribe that functions as a customary and tradi-
tional Indian Tribe, acting on behalf of itself and its 
members, but not acting on behalf of members in 
their capacities as allottees. 
(16) UNITED
STATES.—The term ‘‘United 
States’’ means the United States of America acting 
in its capacity as trustee for the Tribe, its members, 
and allottees, or as specifically stated or limited in 
any given reference herein, in which case it means 
the United States of America acting in the capacity 
as set forth in said reference. 
SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—As modified by this Act, the 
Settlement Agreement is authorized, ratified, and 
confirmed. 
(2) AMENDMENTS.—Any amendment to the 
Settlement Agreement is authorized, ratified, and 
confirmed, to the extent such amendment is exe-
cuted to make the Settlement Agreement consistent 
with this Act. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent that the Set-
tlement Agreement does not conflict with this Act, 
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the Secretary shall execute the Settlement Agree-
ment, including all exhibits to, or parts of, the Set-
tlement Agreement requiring the signature of the 
Secretary. 
(2) MODIFICATIONS.—Nothing in this Act pre-
cludes the Secretary from approving any modifica-
tion to exhibits to the Settlement Agreement that is 
consistent with this Act, to the extent the modifica-
tion does not otherwise require congressional ap-
proval under section 2116 of the Revised Statutes 
(25 U.S.C. 177) or other applicable provision of 
Federal law. 
(c) 
ENVIRONMENTAL
COMPLIANCE.—In 
imple-
menting the Settlement Agreement, the Secretary shall 
comply with all applicable provisions of— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); and 
(3) all other applicable Federal environmental 
laws and regulations. 
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 equiva-
lent to, or exceed, the benefits allottees possess on the day 
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(1) all claims for water rights in the Delaware 
River Basin that the Tribe or the United States act-
ing in its capacity as trustee for the Tribe asserted 
or could have asserted in any proceeding up to and 
including the date the Agreement becomes effective, 
except to the extent such rights are recognized in 
the Agreement; 
(2) all claims for damages, losses, or injuries to 
water rights or claims of interference with, diversion, 
or taking of water (including but not limited to 
claims for injury to lands resulting from such dam-
ages, losses, injuries, interference with, diversion, or 
taking) in the Delaware River Basin that accrued at 
any time up to and including the effective date; and 
(3) all claims against the State of Kansas, its 
agencies, or employees. 
(b) CLAIMS BY THE TRIBE AGAINST THE UNITED 
STATES.—The Tribe, on behalf of itself and its members 
and allottees, as part of the performance of the obligations 
of the Tribe under the Agreement and this Act, agrees 
to execute a waiver and release of— 
(1) all claims against the United States, its 
agents, or employees relating to claims for water 
rights in or water of the Delaware River Basin that 
the United States acting in its capacity as trustee 
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