I 
107TH CONGRESS 
2D SESSION 
H. R. 5639 
To clarify the rights of United States citizenship and eligibility for Federal 
benefits for all enrolled members of the Kickapoo Tribe of Oklahoma 
and the Kickapoo Traditional Tribe of Texas, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 10, 2002 
Mr. WATKINS of Oklahoma introduced the following bill; which was referred 
to the Committee on Resources, and in addition to the Committee on the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To clarify the rights of United States citizenship and eligi-
bility for Federal benefits for all enrolled members of 
the Kickapoo Tribe of Oklahoma and the Kickapoo Tra-
ditional Tribe of Texas, 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. 
This Act may be cited as the ‘‘Texas Band of Kick-
apoo Act Amendments’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) The Texas Band of Kickapoo is a subgroup 
of the Kickapoo Tribe of Oklahoma whose ancestors 
were forced to migrate from their ancestral lands in 
the Midwestern United States to lands now within 
the boundaries of Mexico and the States of Okla-
homa and Texas. 
(2) The migratory nature of the Kickapoos, 
which required their frequent travel between Okla-
homa, Texas, and Mexico, resulted in lack of clarity 
in their rights of citizenship and their eligibility for 
Federal services which could be provided only to 
Kickapoos when they were on or near the reservation 
of the Kickapoo Tribe of Oklahoma in McLoud, 
Oklahoma. 
(3) Although members of the Texas Band of 
Kickapoo lived primarily in Texas under conditions 
posing serious threats to their health, they owned no 
land in Texas and, therefore, were unable to obtain 
Federal services which the United States provides to 
other Indians who are members of federally recog-
nized Indian tribes because of their status as Indi-
ans. 
(4) In 1983, the Texas Band of Kickapoo Act 
(25 U.S.C. 1300b–11 et seq.) was enacted to con-
firm the United States citizenship of Kickapoos re-
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siding in Texas and their eligibility for Federal serv-
ices. 
(5) Although many Kickapoos meet the require-
ments for United States citizenship, some lack writ-
ten records to prove that they do and have not been 
made aware that their right to apply for collective 
citizenship under the Texas Band of Kickapoo Act 
has expired. Amendment of the Immigration and 
Nationality Act is necessary to establish modified 
naturalization procedures to address the Kickapoos’ 
eligibility for citizenship. 
(6) The Kickapoo Tribe of Oklahoma acquired 
land in Maverick County, Texas, in order to provide 
for the delivery of Federal services to its tribal mem-
bers in Texas, known as the Texas Band or sub-
group of the Kickapoo Tribe of Oklahoma, and in 
turn, in 1986 such land was acquired in trust by the 
United States by trust deed ‘‘for the benefit of the 
Texas Band of Kickapoo, a subgroup of the Kick-
apoo Tribe of Oklahoma’’. 
(7) In 1989, some members of the Texas Band 
chose to form a separate governmental entity now 
known as the Kickapoo Traditional Tribe of Texas, 
while the remaining Texas Kickapoos continue to be 
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a subgroup of and have membership in the Kickapoo 
Tribe of Oklahoma. 
(8) Since the early 1990s, disputes have arisen 
over whether beneficial ownership of the trust land 
in Maverick County, Texas, resides with the Kick-
apoo Tribe of Oklahoma or with the Kickapoo Tradi-
tional Tribe of Texas. For some tribal members, lack 
of clarity regarding ownership of the trust property 
has resulted in eviction from their homes and inabil-
ity to receive services, contrary to the intent and 
goals of the Texas Band of Kickapoo Act. 
(9) Both tribes require a land base in Texas to 
be able to provide services and housing for their re-
spective tribal members. Only the Congress can clar-
ify the beneficial ownership of Kickapoo reservation 
lands to ensure that both tribes have an appropriate 
land base in Maverick County, Texas. 
(10) The respective members of the Kickapoo 
Tribe of Oklahoma and the Kickapoo Traditional 
Tribe of Texas deserve to have their United States 
citizenship confirmed and their ability to cross the 
borders of the United States clarified, and to receive 
all of the Federal services which the United States 
provides to Indians because of their status as Indi-
ans. 
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(11) Beneficial title to land already held in 
trust by the United States pursuant to authority 
granted in the Texas Band of Kickapoo Act should 
be transferred from the Kickapoo Tribe of Oklahoma 
to the Kickapoo Traditional Tribe of Texas, and re-
placement land in the State of Texas should be ac-
cepted into trust by the United States to provide a 
home for those Texas Kickapoos who continue to be 
members of the Kickapoo Tribe of Oklahoma. 
SEC. 3. DEFINITIONS. 
Section 3 of the Texas Band of Kickapoo Act (25 
U.S.C. 1300b–12) is amended to read as follow: 
‘‘SEC. 3. DEFINITIONS. 
‘‘For the purposes of this Act, the following defini-
tions apply: 
‘‘(1) TEXAS
BAND.—The term ‘Texas Band’ 
means the Texas Band of Kickapoo Indians, all 
members of which were part of the Kickapoo Tribe 
of Oklahoma as it existed prior to 1989 when a por-
tion of the Band obtained Federal recognition as a 
governmental tribal entity separate from the Kick-
apoo Tribe of Oklahoma. 
‘‘(2) KICKAPOO
TRIBE
OF
OKLAHOMA.—The 
term ‘Kickapoo Tribe of Oklahoma’ means the Kick-
apoo Tribe recognized by the United States pursu-
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ant to the Treaty with the Kickapoo on December 
9, 1809 (7 Stat. 117), and reorganized in 1938 as 
the Kickapoo Tribe of Oklahoma pursuant to the 
Oklahoma Indian Welfare Act. 
‘‘(3) 
KICKAPOO
TRADITIONAL
TRIBE
OF 
TEXAS.—The term ‘Kickapoo Traditional Tribe of 
Texas’ means the Kickapoo Tribe administratively 
recognized in 1989 pursuant to Federal authorities 
granted in the Texas Band of Kickapoo Act. 
‘‘(4) KICKAPOO TRIBES.—The term ‘Kickapoo 
Tribes’ means the Kickapoo Tribe of Oklahoma and 
the Kickapoo Traditional Tribe of Texas. 
‘‘(5) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Interior.’’. 
SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY. 
(a) UPDATING MEMBERSHIP ROLLS; COMPILATION 
OF CITIZENSHIP ELIGIBILITY LISTS.—Section 4 of the 
Texas Band of Kickapoo Act (25 U.S.C. 1300b–13) is 
amended to read as follows: 
‘‘SEC. 4. MEMBERSHIP ROLLS; CITIZENSHIP ELIGIBILITY. 
‘‘(a) UPDATING MEMBERSHIP ROLLS; COMPILATION 
OF CITIZENSHIP ELIGIBILITY LISTS.—In consultation 
with the Secretary, the Kickapoo Tribe of Oklahoma and 
the Kickapoo Traditional Tribe of Texas each shall update 
the membership roll of such tribe’s tribal members and 
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shall compile a list of its tribal members who reside per-
manently in the United States but were not born in the 
United States and are not otherwise a citizen or national 
of the United States. When such membership roll is up-
dated, and such citizenship eligibility list is compiled, the 
Secretary shall promptly publish notice in the Federal 
Register announcing the completion of the citizenship eli-
gibility list and shall provide a copy of such list to the 
Attorney General for use in approving applications for cer-
tificates of citizenship pursuant to section 341(c) of the 
Immigration and Nationality Act (8 U.S.C. 1452(c)). 
‘‘(b) BORDER CROSSING RIGHTS.—Notwithstanding 
the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) or any other law, any individual who was entitled 
to enter the United States under this section, as in effect 
on the day before the date of the enactment of the Texas 
Band of Kickapoo Act Amendments, shall continue to 
have such right until the earlier of— 
‘‘(1) the date on which a final determination is 
made on an application timely filed by the individual 
pursuant to section 341(c) of the Immigration and 
Nationality Act (8 U.S.C. 1452(c)); or 
‘‘(2) the end of the final 2-year application pe-
riod described in paragraph (3) of such section 
341(c).’’. 
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(b) CITIZENSHIP.—Section 341 of the Immigration 
and Nationality Act (8 U.S.C. 1452) is amended by add-
ing at the end the following: 
‘‘(c)(1) An individual who is described in paragraph 
(2) and satisfies the requirements of paragraphs (3) and 
(4) may be issued a certificate of citizenship. Upon proof 
to the satisfaction of the Attorney General that the indi-
vidual is so eligible, and upon taking and subscribing be-
fore a member of the Service within the United States to 
the oath of allegiance required by this Act of an applicant 
for naturalization, such individual shall be furnished by 
the Attorney General with a certificate of citizenship. 
‘‘(2) An individual is described in this paragraph if 
the name of the individual appears on a citizenship eligi-
bility list provided to the Attorney General pursuant to 
section 4 of the Texas Band of Kickapoo Act (25 U.S.C. 
1300b–13) because such individual— 
‘‘(A) is of Kickapoo descent; 
‘‘(B) is a member of— 
‘‘(i) the Kickapoo Tribe of Oklahoma (as 
defined in section 3 of the Texas Band of Kick-
apoo Act (25 U.S.C. 1300b–12)); or 
‘‘(ii) the Kickapoo Traditional Tribe of 
Texas (as so defined); 
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‘‘(C) was born outside the United States and its 
outlying possessions; 
‘‘(D) resides permanently in the United States; 
and 
‘‘(E) is not otherwise a citizen or national of 
the United States. 
‘‘(3) An individual described in paragraph (2) may 
apply to the Attorney General for a certificate of citizen-
ship under this subsection only during a 2-year period 
commencing on the date following publication, pursuant 
to section 4 of the Texas Band of Kickapoo Act (25 U.S.C. 
1300b–13), of the notice of completion of a citizenship eli-
gibility list on which the name of the applicant appears. 
‘‘(4) The Attorney General may not grant an applica-
tion for a certificate of citizenship under this subsection 
unless the applicant is, and has been during the 5-year 
period immediately preceding the filing of the application, 
a person of good moral character.’’. 
SEC. 5. LAND ACQUISITION. 
Section 5 of the Texas Band of Kickapoo Act (25 
U.S.C. 1300b–14) is amended to read as follows: 
‘‘SEC. 5. LAND ACQUISITION. 
‘‘(a) APPLICABILITY OF THE INDIAN REORGANIZA-
TION ACT.—The Secretary is authorized to exercise au-
thority under section 5 of the Act of June 18, 1934 (25 
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U.S.C. 465; popularly known as the Indian Reorganization 
Act), for the Kickapoo Tribe of Oklahoma and the Kick-
apoo Traditional Tribe of Texas with respect to lands in 
Maverick County, Texas, only. 
‘‘(b) RELINQUISHMENT OF TRUST TITLE.— 
‘‘(1) IN GENERAL.—The Secretary is hereby di-
rected to allow the Kickapoo Tribe of Oklahoma, 
upon its request, to relinquish its claim to beneficial 
title to the land described in paragraph (2) of this 
subsection in exchange for the replacement land de-
scribed in subsection (c). 
‘‘(2) LAND DESCRIPTION.—Lands referred to in 
paragraph (1) are those lands known as the Kick-
apoo Reservation, legal title to which is held in trust 
by the United States, and described as being all that 
certain lot, tract, or parcel of land lying and being 
situated in the County of Maverick, State of Texas. 
Such lands are more particularly described as fol-
lows: Being 125.43 acres lying and situated in said 
Maverick County, Texas, and being 42.07 acres out 
of survey 20, Abstract 723 and 83.36 acres out of 
Survey 21, Abstract 811; said acreage being the 
same land conveyed from the Veteran’s Land Board 
of Texas to Arthur Meixner as said conveyance is re-
corded in volume 51, page 288 of the Maverick 
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County Deed Records, as more particularly de-
scribed in that certain deed recorded in Book 238, 
pages 324–326 of the Maverick County Deed 
Records. 
‘‘(c) TRUST STATUS FOR REPLACEMENT LANDS.— 
‘‘(1) IN GENERAL.—No later than 60 days after 
the relinquishment of trust title as provided in sub-
section (b), the Secretary shall accept all right, title, 
and interest of the Kickapoo Tribe of Oklahoma in 
and to the land described in paragraph (2) as re-
placement land and take that land into trust for the 
benefit of the Kickapoo Tribe of Oklahoma if— 
‘‘(A) the Kickapoo Tribe of Oklahoma so 
requests; 
‘‘(B) there are no adverse legal claims on 
such property, including outstanding liens, 
mortgages, or taxes owed; and 
‘‘(C) the land described in subsection 
(b)(2) is no longer held in trust by the United 
States for the benefit of the Kickapoo Tribe of 
Oklahoma. 
‘‘(2) LAND DESCRIPTION.—Lands referred to in 
paragraph (1) are described as follows: 
‘‘(A) The Surface estate only in and to the 
following described property to wit: being all 
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that certain tract or parcel of land together 
with all improvements thereon, and being 173.0 
acre tract of land, out of survey 56, abstract 
778 and survey 57, abstract 782, in Maverick 
County, Texas, and being a part of 2,460.6607 
acre tract recorded in vol. 425, page 393, offi-
cial public records of Maverick County, Texas, 
as more particularly described in that certain 
deed recorded in said Maverick County, Texas, 
as Document Number 108772 in Book 663, 
page 243–244. 
‘‘(B) The Surface estate only in and to the 
following described property to wit: being all 
that certain tract or parcel of land together 
with all improvements thereon, and being 200.0 
acre tract of land, out of survey 57, survey 58 
and survey 13, in Maverick County, Texas, and 
being a part of 2,460.6607 acre tract recorded 
in vol. 425, page 393, official public records of 
Maverick County, Texas, as more particularly 
described in that certain deed recorded in said 
Maverick County, Texas, as Document Number 
108910 in Book 664, page 335–339.’’. 
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SEC. 6. JURISDICTION. 
Section 6 of the Texas Band of Kickapoo Act (25 
U.S.C. 1300b–15) is amended by striking ‘‘Band’s trust 
lands’’ and inserting ‘‘lands held in trust in Maverick 
County for the Kickapoo Tribe of Oklahoma and for the 
Kickapoo Traditional Tribe of Texas,’’. 
SEC. 7. PROVISION OF FEDERAL INDIAN SERVICES. 
Section 7 of the Texas Band of Kickapoo Act (25 
U.S.C. 1300b–16) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) ELIGIBILITY
FOR FEDERAL INDIAN SERV-
ICES.—Notwithstanding any other provision of law au-
thorizing the provision of special programs and services 
by the United States to Indians because of their status 
as Indians, the Kickapoo Tribe of Oklahoma and the Kick-
apoo Traditional Tribe of Texas, and their respective 
members who reside in Maverick County, Texas, shall be 
eligible for such programs and services without regard to 
the existence of a reservation, residence on or near a res-
ervation, or the compilation of the Membership Rolls pur-
suant to 25 U.S.C. 1300b–13(a).’’; and 
(2) in subsection (b)— 
(A) by inserting after ‘‘(b)’’ the following: 
‘‘CONSULTATION
WITH
MEXICAN
GOVERN-
MENT.—’’; and 
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(B) by striking ‘‘the Band and its mem-
bers’’ and inserting ‘‘the Kickapoo Tribes and 
their respective tribal members’’. 
Æ 
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