Title: Kickapoo Tribe in Kansas Water Rights Settlement Act
Policy area: Native Americans

Summary:
Kickapoo Tribe in Kansas Water Rights Settlement Act
This bill modifies and ratifies the Kickapoo Tribe Water Rights Settlement Agreement entered into by the tribe and Kansas.
The bill confirms a consumptive tribal water right in the Delaware River Basin of up to 4,705 acre-feet of water per year.
The bill also outlines waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1977 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1977

 To approve the Kickapoo Tribe Water Rights Settlement Agreement, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2019

   Mr. Moran introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To approve the Kickapoo Tribe Water Rights Settlement Agreement, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives 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; table of contents.
Sec. 2. Purposes.
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 settlement of 
        claims to water rights in the State of Kansas for--
                    (A) the Kickapoo Tribe of Indians of the Kickapoo 
                Reservation in Kansas; and
                    (B) the United States, for the benefit of the Tribe 
                and its members and allottees;
            (2) to authorize, ratify, and confirm the Kickapoo Tribe 
        Water Rights Settlement Agreement pertaining to the Tribal 
        water right, 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 Settlement Agreement; and
                    (B) to take any other action necessary to carry out 
                the Settlement Agreement in accordance with this Act; 
                and
            (4) to direct the Natural Resources Conservation Service of 
        the Department of Agriculture to take certain actions under the 
        authority of the Watershed 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 Kickapoo 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 members or 
        successors in interest thereto.
            (3) Allottee.--The term ``allottee'' means an individual 
        Indian who holds a beneficial real property interest in an 
        allotment of Indian land that is--
                    (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 Kansas 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 
        Agreement.
            (6) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 6(c).
            (7) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (8) Kansas water rights.--The term ``Kansas water rights'' 
        means a property right in the use of water obtained under 
        Kansas law.
            (9) Kickapoo tribe water rights settlement agreement; 
        settlement agreement.--The terms ``Kickapoo Tribe Water Rights 
        Settlement Agreement'' and ``Settlement Agreement'' mean the 
        Agreement executed by and between the 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 ``Reservation''--
                    (A) means the land depicted on the map attached to 
                the Settlement Agreement as Exhibit 1; and
                    (B) shall be used solely for the purposes of the 
                Settlement Agreement, this Act, and any judgment or 
                decree issued by the Court approving 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, 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 of 
        Indians of the Kickapoo Reservation in Kansas, a federally 
        recognized sovereign Indian Tribe that functions as a customary 
        and traditional 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 executed to make the Settlement Agreement 
        consistent with this Act.
    (b) Execution.--
            (1) In general.--To the extent that the Settlement 
        Agreement does not conflict with this Act, the Secretary shall 
        execute the Settlement Agreement, including all exhibits to, or 
        parts of, the Settlement Agreement requiring the signature of 
        the Secretary.
            (2) Modifications.--Nothing in this Act precludes the 
        Secretary from approving any modification to exhibits to the 
        Settlement Agreement that is consistent with this Act, to the 
        extent the modification does not otherwise require 
        congressional approval under section 2116 of the Revised 
        Statutes (25 U.S.C. 177) or other applicable provision of 
        Federal law.
    (c) Environmental Compliance.--In implementing 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.

SEC. 5. KICKAPOO TRIBE WATER RIGHTS.

    (a) Intent of Congress.--It is the intent of Congress to provide to 
each allottee benefits that are equivalent to, or exceed, the benefits 
allottees possess on the day before the date of enactment of this Act, 
taking into consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Settlement 
        Agreement and this Act;
            (2) the availability of funding under this Act and from 
        other sources;
            (3) the availability of water from the Tribal water right; 
        and
            (4) 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 Right.--
            (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 conditions of the Settlement Agreement.
            (2) Priority date.--Consistent with the Settlement 
        Agreement, the priority date of the Tribal water right shall be 
        October 24, 1832.
            (3) Use.--The Tribe may use the Tribal water right for any 
        purpose set forth in the Settlement Agreement, this Act, and 
        applicable Federal law.
    (c) Trust Status of Tribal Water Right.--The Tribal water right--
            (1) shall be held in trust by the United States on behalf 
        of the Tribe and its members and allottees in accordance with 
        this section; and
            (2) shall 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 February 8, 1887 (25 
        U.S.C. 381), relating to the use of water for irrigation 
        purposes shall apply to the Tribal water right.
            (2) Entitlement to water.--Any entitlement to water of an 
        allottee under Federal law shall be satisfied from the Tribal 
        water right.
            (3) Allocations.--An allottee shall be entitled to a just 
        and equitable allocation of water for irrigation.
            (4) Members.--Members who do not own interests in allotted 
        land shall nonetheless be entitled to the use of a portion of 
        the Tribal water right pursuant to the terms and conditions of 
        the Kickapoo Tribe Water Rights Settlement Agreement and the 
        Tribal Water Code.
            (5) Claims.--
                    (A) Exhaustion of remedies.--Before asserting 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, an allottee shall exhaust remedies 
                available under the Tribal Water Code or other 
                applicable Tribal law.
                    (B) Action for relief.--Following exhaustion of all 
                remedies available under the Tribal Water Code or other 
                applicable tribal law, an allottee may seek relief 
                under section 7 of the Act of February 8, 1887 (25 
                U.S.C. 381), or other applicable law.
            (6) Authority of the secretary.--The Secretary shall have 
        the authority to protect the rights of members or allottees in 
        accordance with this section.
    (e) Authority of Tribe.--
            (1) In general.--Except as provided in paragraph (3), the 
        Tribe shall have authority to use, allocate, distribute, and 
        lease the Tribal water right for any use on the Reservation in 
        accordance with the Settlement Agreement, this Act, the Tribal 
        Water Code or other Tribal law, and applicable Federal law.
            (2) Off-reservation use.--The Tribe may allocate, 
        distribute, and lease the Tribal water right for off-
        Reservation use in accordance with the Settlement Agreement, 
        subject to the approval of the Secretary.
            (3) Leases by allottees.--
                    (A) In general.--An allottee may lease any interest 
                in land held by the allottee, together with any water 
                rights determined to be appurtenant to that interest in 
                land, in accordance with the Tribal Water Code.
                    (B) Off-reservation use.--An allottee may lease any 
                water rights determined to be appurtenant to its 
                allotment for off-Reservation in accordance with the 
                Settlement Agreement, subject to the approval of the 
                Secretary.
    (f) Tribal Water Code.--
            (1) In general.--Not later than 3 years after the 
        enforceability date, the Tribe shall enact a Tribal Water Code, 
        that provides for--
                    (A) the management, regulation, and governance of 
                all uses of the Tribal water right in accordance with 
                the Settlement Agreement and this Act; and
                    (B) establishment by the Tribe of conditions, 
                permit requirements, and other requirements for the 
                allocation, distribution, diversion, storage, and use 
                of the Tribal water right in accordance with the 
                Settlement Agreement and this Act.
            (2) Inclusions.--Subject to the approval of the Secretary, 
        the Tribal Water Code shall provide--
                    (A) that any use of water by allottees shall be 
                satisfied with water from the Tribal water right;
                    (B) a process by which an allottee may request that 
                the Tribe provide water for irrigation purposes in 
                accordance with this Act, including the provision of 
                water under any allottee lease under section 4 of the 
                Act of June 25, 1910 (25 U.S.C. 403);
                    (C) that charges for delivery of water for 
                irrigation purposes for allottees shall be assessed in 
                accordance with section 7 of the Act of February 8, 
                1887 (25 U.S.C. 381);
                    (D) a due process system for the consideration and 
                determination by the Tribe of any request by a member 
                or allottee (or a successor in interest to an allottee) 
                for an allocation of water for irrigation on allotted 
                land, including a process for--
                            (i) appeal and adjudication of any denied 
                        or disputed distribution of water; and
                            (ii) resolution of any contested 
                        administrative decision; and
                    (E) a requirement that any member or allottee with 
                a claim relating to the enforcement of rights of the 
                member or allottee under the Tribal Water Code, or to 
                the quantity of water allocated to land of the 
                allottee, shall exhaust all remedies available to the 
                member or allottee under Tribal law before initiating 
                an action against the United States or petitioning the 
                Secretary pursuant to subsection (d)(5).
            (3) Action by secretary.--
                    (A) In general.--During the period beginning on the 
                date of enactment of this Act and ending on the date on 
                which a Tribal Water Code described in paragraphs (1) 
                and (2) is enacted, the Secretary shall administer, 
                with respect to the rights of allottees, the Tribal 
                water right in accordance with this Act.
                    (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 approved by the 
                        Secretary; and
                            (ii) each amendment to the Tribal Water 
                        Code that affects a right of an allottee 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 permanently 
        alienate any portion of the Tribal water right.
            (2) Purchases or grants of land from indians.--An 
        authorization provided by this Act for the allocation, 
        distribution, leasing, or other arrangement entered into 
        pursuant to this Act shall be considered to satisfy any 
        requirement for authorization 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 forfeiture, abandonment, 
        relinquishment, or other loss of all or any portion of the 
        Tribal water right.
    (h) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--
            (1) authorizes any action by a member or allottee (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 Article 7 of the Settlement Agreement and other 
exhibits referenced therein and attached thereto, and this Act.
    (b) Effect of Settlement Agreement and Act.--Nothing in the 
Settlement Agreement or this Act--
            (1) affects the ability of the United States, acting as 
        sovereign, to take action authorized by law (including any laws 
        relating to health, safety, or the environment) including--
                    (A) the Comprehensive Environmental Response, 
                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 environment; or
                    (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 
        obligations of that party under the Kickapoo Tribe Water Rights 
        Settlement Agreement.

SEC. 7. WATER FACILITIES.

    (a) In General.--The Secretary of Agriculture, as delegated to the 
Director of the Natural Resources Conservation Service, in consultation 
with the Secretary as delegated to the Secretary's Indian Water Rights 
Office, is hereby directed--
            (1) to commence a study of the Upper Delaware 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 enactment of 
        this Act, to make recommendations to Congress with respect to 
        material alterations or changes in the Upper Delaware and 
        Tributaries Watershed Plan necessary to effectuate, in part, 
        the Tribal water right approved, ratified, and confirmed by the 
        Kickapoo Tribe Water Rights Settlement Agreement and this Act.
    (b) No Duty.--The enactment of this Act 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 Congress following receipt 
of the recommendations for material changes or alterations in the Upper 
Delaware and Tributaries Watershed 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 
return for recognition of the Tribal water right and other benefits set 
forth in the Settlement Agreement and this Act, including 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 Settlement Agreement from--
            (1) all claims for water rights in the Delaware River Basin 
        that the Tribe or the United States acting in its capacity as 
        trustee for the Tribe asserted or could have asserted in any 
        proceeding up to and including the date the Settlement 
        Agreement becomes effective, except to the extent such rights 
        are recognized in the Settlement Agreement;
            (2) all claims for damages, losses, or 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 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 Settlement 
Agreement and this Act, agrees to execute a waiver and release of the 
following:
            (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 for the Tribe asserted or could have 
        asserted in any proceeding.
            (2) All claims against the United States, its agents, or 
        employees relating to damages, losses, or injuries to water, 
        water rights, land or natural resources due to the loss of 
        water or water rights (including damages, losses, or injuries 
        to hunting, fishing, gathering, or cultural rights due to the 
        loss of water or water rights, claims relating to interference 
        with, diversion, or taking of water or water rights, or claims 
        relating to failure to protect, acquire, replace, or develop 
        water, water rights, or water infrastructure) in the Delaware 
        River Basin that first accrued at any time up to and including 
        the enforcement date, except such claims are not waived until 
        such time as appropriations for water related infrastructure 
        for the Upper Delaware and Tributaries Watershed Plan 
        referenced in section 7 are paid, and then to the extent of the 
        amount of the appropriations.
            (3) All claims against the United States, its agents, or 
        employees.
    (c) Reservation and Retention of Rights.--Notwithstanding the 
waivers and releases described in this section, 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, 
retain--
            (1) all claims for enforcement of the Settlement Agreement;
            (2) all claims against persons other than the parties to 
        the Settlement Agreement for damages, losses, or 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;
            (3) all rights to use and protect water rights acquired 
        after the date of enactment of this Act;
            (4) all claims relating to activities affecting the quality 
        of water, including claims the Tribe might have under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
        claims for damages to natural resources), the Safe Drinking 
        Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.), and regulations 
        implementing those Acts;
            (5) to the extent not waived by court order and related 
        joint stipulation that the Tribe executed with the United 
        States in 2012 as part of the litigation styled Nez Perce Tribe 
        et al. v. Salazar et al., No. 06-cv-2239 (D.D.C. Apr. 11, 2012) 
        all claims relating to damages, losses, or injuries to land or 
        natural resources not due to the loss of water or water rights 
        (including hunting, fishing, gathering, or cultural rights); 
        and
            (6) all rights, remedies, privileges, immunities, powers, 
        and claims not specifically waived and released pursuant to the 
        Settlement Agreement.
    (d) Effect.--Nothing in the Settlement Agreement--
            (1) affects the ability of the United States acting in its 
        sovereign capacity to take actions authorized by law, including 
        any law relating to health, safety, or the environment, 
        including the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.), the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.) (including claims for damages to natural resources), the 
        Safe Drinking Water Act (42 U.S.C. 300f et seq.), and the Solid 
        Waste Disposal Act (42 U.S.C. 6901 et seq.), and regulations 
        implementing those Acts;
            (2) affects the ability of the United States to take 
        actions acting in its capacity as trustee for any other Indian 
        tribe or allottee; and
            (3) waives any claim of a Member of the Tribe in an 
        individual capacity that does not derive from a right of the 
        Tribe.

SEC. 9. ENFORCEABILITY DATE.

    (a) In General.--The Settlement Agreement and waivers under section 
8 shall take effect and be enforceable on the date on which the 
Secretary publishes in the Federal Register a statement of findings 
that--
            (1) the Settlement Agreement, as amended to conform with 
        this Act, has been executed by the Secretary of the Interior, 
        the State, and the Tribe; and
            (2) the section 8 waivers and releases, except those in 
        section 8(b)(2), have been executed.
    (b) Term of the Agreement.--The term of the Settlement Agreement 
shall commence on the effective date and shall continue perpetually.

SEC. 10. JUDICIAL PROCEEDINGS.

    Upon the date of enactment of this Act, the judicial proceeding 
described in Article 10 of the Settlement Agreement shall be and is 
hereby authorized to be commenced.

SEC. 11. 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), nothing 
in this Act waives the sovereign immunity of the United States.
    (b) Performance by the United States.--Performance by the United 
States of its obligations under the Settlement Agreement that depend 
upon the appropriation of funds by Congress and the disbursement of 
such funds shall be contingent on such appropriation and disbursement. 
No liability that depends upon the appropriation of such funds shall 
accrue to the United States for failure to perform an obligation under 
the Settlement Agreement where funds necessary to enable such 
performance are not appropriated or paid.
    (c) 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.
    (d) 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 Reservation any claim for 
        reimbursement of the cost to the United States of carrying out 
        this Act and the Settlement Agreement; and
            (2) no assessment of any Indian-owned land located within 
        the Reservation shall be made regarding that cost.
    (e) 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 Act with respect to pre-enforcement 
review of any Federal environmental enforcement action.
    (f) No Use of Condemnation or Eminent Domain.--Land or interests in 
land may not be acquired by condemnation or eminent domain under this 
Act or for the purposes of this Act.
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