(2) USE.—Subject to the terms and conditions 
of the Kickapoo Tribe Water Rights Settlement 
Agreement, this Act, and applicable Federal law, the 
Tribe may use the Tribal water rights for any pur-
pose. 
(c) HOLDING IN TRUST.—The Tribal water rights, 
as set forth in subsection (b), shall— 
(1) be held in trust by the United States on be-
half of the Tribe and its members and allottees in 
accordance with this section; 
(2) include the priority date set forth in the 
Kickapoo Tribe Water Rights Settlement Agree-
ment; and 
(3) not be subject to forfeiture or abandonment. 
(d) ALLOTTEES.— 
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 
1887.—The provisions of section 7 of the Act of Feb-
ruary 8, 1887 (25 U.S.C. 381), relating to the use 
of water for irrigation purposes shall apply to the 
Tribal water rights. 
(2) ENTITLEMENT
TO
WATER.—Any entitle-
ment to water for allotted land located within the ex-
terior boundaries of the Reservation under Federal 
law shall be satisfied from the Tribal water rights. 
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(3) ALLOCATIONS.—Allotted land located within 
the exterior boundaries of the Reservation shall be 
entitled to a just and suitable allocation of water for 
irrigation and domestic purposes from the Tribal 
water rights. 
(4) MEMBERS.—Members who do not own in-
terests in allotted land shall nonetheless be entitled 
to the use of a portion of the Tribal water rights 
pursuant to the terms and conditions of the Kick-
apoo Tribe Water Rights Settlement Agreement and 
the Tribal Water Code. 
(5) EXHAUSTION
OF
REMEDIES.—Before as-
serting any claim against the United States under 
section 7 of the Act of February 8, 1887 (25 U.S.C. 
381), or any other applicable law, a member or allot-
tee shall exhaust remedies available under the Tribal 
Water Code or other applicable Tribal law. 
(6) CLAIMS.—Following exhaustion of remedies 
available under the Tribal Water Code or other ap-
plicable tribal law, a member or allottee may seek 
relief under section 7 of the Act of February 8, 
1887 (25 U.S.C. 381), or other applicable law. 
(7) AUTHORITY.—The Secretary shall have the 
authority to protect the rights of members or 
allottees as specified in this section. 
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(e) AUTHORITY OF TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Tribe shall have authority to use, al-
locate, distribute, and lease the Tribal water rights 
on or off the Reservation in accordance with— 
(A) the Kickapoo Tribe Water Rights Set-
tlement Agreement; 
(B) the Tribal Water Code or other appli-
cable tribal law; and 
(C) applicable Federal law. 
(2) LEASES BY ALLOTTEES.— 
(A) IN GENERAL.—An allottee may lease 
any interest in land held by the allottee, to-
gether with any water rights determined to be 
appurtenant to that interest in land. 
(B) WATER RIGHTS APPURTENANT.—Any 
water rights determined to be appurtenant to 
an interest in land leased by an allottee shall be 
used on or off the Reservation, consistent with 
the Kickapoo Tribe Water Rights Settlement 
Agreement. 
(C) 
WATER
RIGHTS
APPORTIONED.— 
Water apportioned from the Tribal water rights 
may be leased off Reservation pursuant to the 
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terms and conditions of the Kickapoo Tribe 
Water Rights Settlement Agreement. 
(f) TRIBAL WATER CODE.— 
(1) IN GENERAL.—Not later than 3 years after 
the enforceability date, the Tribe shall enact a Trib-
al Water Code, that provides for— 
(A) the management, regulation, and gov-
ernance of all uses of the Tribal water rights in 
accordance with the Kickapoo Tribe Water 
Rights Settlement Agreement; and 
(B) establishment by the Tribe of condi-
tions, permit requirements, and other limita-
tions relating to the diversion, storage, and use 
of the Tribal water rights in accordance with 
the Kickapoo Tribe Water Rights Settlement 
Agreement. 
(2) INCLUSIONS.—The Tribal Water Code shall 
provide— 
(A) that allocations of water to members 
or allottees shall be satisfied with water from 
the Tribal water rights; 
(B) that charges for delivery of water for 
irrigation purposes for allottees shall be as-
sessed in accordance with section 7 of the Act 
of February 8, 1887 (25 U.S.C. 381); 
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(C) the process by which a member or al-
lottee may request that the Tribe provide water 
for irrigation or domestic purposes in accord-
ance with this Act; 
(D) a due process system for the consider-
ation and determination by the Tribe of any re-
quest by a member or allottee for an allocation 
of such water for irrigation or domestic pur-
poses on allotted land, including a process for— 
(i) appeal and adjudication of any de-
nied or disputed distribution of water; and 
(ii) resolution of any contested admin-
istrative decision; and 
(E) a requirement that any member or al-
lottee with a claim relating to the enforcement 
of rights of the member or allottee under the 
Tribal Water Code or relating to the amount of 
water allocated to land of the allottee must first 
exhaust remedies available to the member or al-
lottee under Tribal law and the Tribal Water 
Code before initiating an action against the 
United States or petitioning the Secretary pur-
suant to subsection (d)(5). 
(3) ACTION BY SECRETARY.— 
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(A) IN GENERAL.—The Secretary shall ad-
minister the Tribal water rights until the Tribal 
Water Code is enacted and approved under this 
section. 
(B) APPROVAL.—Any provision of the 
Tribal Water Code and any amendment to the 
Tribal Water Code that affects the rights of 
members or allottees— 
(i) shall be subject to the approval of 
the Secretary; and 
(ii) shall not be valid until approved 
by the Secretary. 
(C) APPROVAL
PERIOD.—The Secretary 
shall approve or disapprove the Tribal Water 
Code within a reasonable period of time after 
the date on which the Tribe submits the Tribal 
Water Code to the Secretary for approval. 
(g) EFFECT.—Except as otherwise specifically pro-
vided 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 
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(2) alters or affects the status of any action 
pursuant to section 1491(a) of title 28, United 
States Code. 
SEC. 6. EFFECT OF KICKAPOO TRIBE WATER RIGHTS SET-
TLEMENT 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 Kickapoo Tribe Water Rights Settlement 
Agreement, the Memorandum of Agreement and other ex-
hibits referenced therein and attached thereto, and this 
Act. 
(b) EFFECT OF KICKAPOO TRIBE WATER RIGHTS 
SETTLEMENT AGREEMENT AND ACT.—Nothing in the 
Kickapoo Tribe Water Rights Settlement Agreement or 
this Act— 
(1) affects the ability of the United States, act-
ing as sovereign, to take actions 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.); 
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(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 other parties pursuant to Federal law 
regarding health, safety, or the environment; 
and 
(C) to conduct judicial review of 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 
Kickapoo Tribe Water Rights Settlement Agreement 
or any of the exhibits to the Kickapoo Tribe Water 
Rights Settlement Agreement to comply with the 
National Environmental Policy Act of 1969 (42 
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U.S.C. 4321 et seq.) prior to performing the respec-
tive obligations of that party under the Kickapoo 
Tribe Water Rights Settlement Agreement. 
(c) ENFORCEABILITY DATE.—The enforceability date 
shall be the date on which the Secretary publishes in the 
Federal Register a statement of findings that the Court 
has approved and entered a judgment and decree approv-
ing the Kickapoo Tribe Water Rights Settlement Agree-
ment. 
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, make recommendations to Con-
gress with respect to material alterations or changes 
in the Plan necessary to effectuate, in part, the 
Tribal water rights approved, ratified, and confirmed 
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by the Kickapoo Tribe Water Rights Settlement 
Agreement and this Act. 
SEC. 8. WAIVER AND RELEASE OF CLAIMS; RETENTION OF 
CLAIMS. 
As described in Article 12 of the Kickapoo Tribe 
Water Rights Settlement Agreement— 
(1) upon the enactment of this Act, the Tribe 
and the United States agree to waive claims to 
water rights in the Delaware River Basin; and 
(2) nothing in this Act resolves or waives any 
claims for damages or losses by the Tribe against 
the United States, for injuries to water rights or 
claims of interference with, diversion, or taking of 
water (including claims for injury to lands resulting 
from such damages, losses, injuries, interference 
with, diversion, or taking) in the Delaware River 
Basin for failure to establish, quantify, acquire, de-
velop, enforce, or protect such water rights. 
SEC. 9. JUDICIAL PROCEEDINGS. 
Upon the date of enactment of this Act, the judicial 
proceedings described in Articles 10 and 11 of the Kick-
apoo Tribe Water Rights Settlement Agreement shall be 
and are hereby authorized to be commenced. 
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SEC. 10. MISCELLANEOUS PROVISIONS. 
(a) WAIVER
OF SOVEREIGN IMMUNITY
BY
THE 
UNITED STATES.—Except as provided in subsections (a) 
through (c) of section 208 of the Department of Justice 
Appropriation Act, 1953 (43 U.S.C. 666) and the Kick-
apoo Tribe Water Rights Settlement Agreement, nothing 
in this Act waives the sovereign immunity of the United 
States. 
(b) OTHER TRIBES NOT ADVERSELY AFFECTED.— 
Nothing in this Act quantifies or diminishes any land or 
water rights, or any claim or entitlement to land or water, 
of an Indian Tribe, band, or community other than the 
Tribe. 
(c) LIMITATION ON CLAIMS FOR REIMBURSEMENT.— 
With respect to Indian land within the Reservation— 
(1) the United States shall not submit against 
any Indian-owned land located within the Reserva-
tion any claim for reimbursement of the cost to the 
United States of carrying out this Act and the Kick-
apoo Tribe Water Rights Settlement Agreement; and 
(2) no assessment of any Indian-owned land lo-
cated within the Reservation shall be made regard-
ing that cost. 
(d) EFFECT ON CURRENT LAW.—Nothing in this 
section affects any provision of law (including regulations) 
in effect on the day before the date of enactment of this 
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Act with respect to pre-enforcement review of any Federal 
environmental enforcement action. 
(e) NO USE OF CONDEMNATION OR EMINENT DO-
MAIN.—Land or interests in land may not be acquired by 
condemnation or eminent domain under this Act or for 
the purposes of this Act. 
Æ 
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