Texas Band of Kickapoo Act
PL 97-429 (H.R.4496), enacted 01/08/1983

PUBLIC LAW 97-429—JAN. 8, 1983 
96 STAT. 2269 
Public Law 97-429 
97th Congress 
An Act 
To grant Federal recognition to the Texas Band of Kickapoo Indians; to clarify the 
status of the members of the band; to provide trust lands to the band, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Texas Band of Kickapoo Act". 
CONGRESSIONAL FINDINGS AND DECLARATION OP POUCY 
SEC. 2. (a) Congress finds that the Texas Band of Kickapoo Indians 
is a subgroup of the Kickapoo Tribe of Oklahoma; that many years 
ago, the Band was forced to migrate from its ancestral lands to what 
is now the State of Texas and the nation of Mexico; that, although 
many members of the band meet the requirements for United States 
citizenship, some of them cannot prove that they are United States 
citizens; that, although the Band resides in the State of Texas, it 
owns no land there; that, because the Band owns no land in Texas, 
members of the Band are considered ineligible for services which the 
United States provides to other Indians who are members of 
federally recognized tribes because of their status as Indians except 
when the members of the Band are on or near the reservation of the 
Kickapoo Tribe of Oklahoma; that members of the Band live under 
conditions that pose serious threats to their health; and that, 
because their culture is derived from three different cultures, they 
have unique needs including, especially, educational needs. 
(b) Congress therefore declares that the Band should be recognized 
by the United States; that the right of the members of the Band to 
pass and repass the borders of the United States should be clarified; 
that services which the United States provides to Indians because of 
their status as Indians should be provided to members of the Band 
in Maverick County, Texas; and, that land in the State of Texas 
should be taken in trust by the United States for the benefit of the 
Band. 
DEFINITIONS 
SEC. 3. For purposes of this Act— 
(a) "Band 
means the Texas Band of Kickapoo Indians, a 
subgroup of the Kickapoo Tribe of Oklahoma; 
(b) "Tribe" means the Kickapoo Tribe of Oklahoma; and 
(c) "Secretary" means the Secretary of the Interior. 
Jan. 8, 1983 
[H.R. 4496] 
Texas Band of 
Kickapoo Act. 
25 u s e 1300b-ll 
note. 
25 use 
1300b-ll. 
25 use 
1300b-12. 
ESTABUSHMENT OF BAND ROLL; CLARIFICATION OF UNITED STATES 
CITIZENSHIP 
SEC. 4. (a) Within one year of the enactment of this Act, the 
Secretary shall, after consultation with the Tribe, compile a roll of 
those members of the Tribe who possess Kickapoo blood and who are 
also members of the Band. When said roll is complete, the Secretary 
25 use 
1300b-13. 
Notice, 
publication in 
Federal 
Register. 
96 STAT. 2270 
PUBLIC LAW 97-429—JAN. 8, 1983 
Report to 
Congress. 
Citizenship. 
8 u s e 1101 note. 
shall immediately publish notice in the Federal Register stating 
that the roll has been completed. The Secretary shall ensure that 
the roll, once completed, is maintained and that it is current. 
(b) If the Secretary does not compile the roll within the period 
prescribed in subsection 4(a), he shall submit a report to Congress 
setting forth the reasons he did not do so. 
(c) For a period of five years after the publication of the Federal 
Register notice required under subsection 4(a), any member of the 
Band whose name appears on the roll compiled by the Secretary, 
may, at his option, apply for United States citizenship. Such applica-
tion shall be made to the Immigration and Naturalization Service 
and, upon receipt of the application, citizenship shall promptly be 
granted to the applicant. 
(d) Notwithstanding the Immigration and Nationality Act, all 
members of the Bsmd shall be entitled to freely pass and repass the 
borders of the United States and to live and work in the United 
States. 
25 use 
1300b-14. 
25 u s e 461 note. 
25 u s e 465. 
25 use 
1300b-15. 
25 u s e 1321, 
1322. 
25 u s e 1323. 
28 u s e 1360 
note. 
25 use 
1300b-16. 
Consultation 
and cooperation 
with Mexican 
Government. 
LAND ACQUISITION; APPLICABILITY OF THE INDIAN REORGANIZATION 
ACT 
SEC. 5. (a) The Act of June 18, 1934 (48 Stat. 984), is hereby made 
applicable to the Band: Provided, however. That the Secretary is 
only authorized to exercise his authority under section 5 of that Act 
(25 U.S.C. 465) with respect to lands located in Maverick County, 
Texas. 
(b) The Secretary is authorized and directed to accept no more 
than one hundred acres of land in Maverick County, Texas which 
shall be offered for the benefit of the Band with the approval of the 
Tribe. Nothing in this subsection shall be construed as limiting the 
authority of the Secretary under section 5 of the Act of June 18, 
1934 (48 Stat. 985). 
JURISDICTION 
SEC. 6. The State of Texas shall exercise jurisdiction over civil 
causes of action and criminal offenses arising on the Band's trust 
lands in accordance with section 1360 of title 28, United States Code, 
and section 1162 of title 18, United States Code, as if it had assumed 
jurisdiction pursuant to sections 401 and 402 of the Act of April 11, 
1968 (82 Stat. 78, 79). The provisions of section 403 of the Act of April 
11,1968 (82 Stat. 79), shall be applicable and available to the State of 
Texas. 
PROVISION OF FEDERAL INDIAN SERVICES 
SEC. 7. (a) Notwithstanding any other provision of law authorizing 
the provision of special programs and services by the United States 
to Indiems because of their status as Indians, the Band and its 
members in Maverick County, Texas shall be eligible for such 
programs and services without regard to the existence of a reserva-
tion, the residence of members of the Band on or near a reservation, 
or the compilation of the roll pursuant to subsection 4(a) of this Act. 
(b) In providing services pursuant to subsection (a), the Secretary 
and the head of each department and agency shall consult and 
cooperate with appropriate officials or agencies of the Mexican 
Government to the greatest extent possible to ensure that such 
services meet the special tricultural needs of the Band and its 
members. Such consultation and cooperation may include, whenever 
PUBLIC LAW 97-429—JAN. 8, 1983 
96 STAT. 2271 
practicable, joint funding agreements between such agency or 
department of the United States and the appropriate agencies and 
officials of the Mexican Government. 
Approved January 8, 1983. 
LEGISLATIVE HISTORY—H.R. 4496: 
HOUSE REPORT No. 97-858 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 97-684 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 29, considered and passed House. 
Dec. 20, considered and passed Senate, amended. 
Dec. 21, House agreed to Senate amendments.