,,ii #aaeth ,,congress #ast ,session ,s4 #baed ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #af1 #bjag ,mr4 ,moran introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to approve the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 and for other purposes4 #a4 ,short title 7a7 ,short title2 table of contents ,this ,act may be cited as the ,kickapoo ,tribe in ,kansas ,water ,rights ,settlement ,agreement ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,purposes4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,approval of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement4 ,sec4 #e4 ,kickapoo ,tribe ,water ,rights4 ,sec4 #f4 ,effect of ,kickapoo ,tribe ,water ,rights ,settlement ,agreement and ,act4 ,sec4 #g4 ,water facilities4 ,sec4 #h4 ,waiver and release of claims2 retention of claims4 ,sec4 #i4 ,judicial proceedings4 ,sec4 #aj4 ,miscellaneous provisions4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of claims to water rights in the ,delaware ,river ,basin in ,kansas for-- 7,a7 the ,tribe2 7,b7 its members and allottees2 and 7,c7 the ,united ,states1 acting in its capacity as trustee for the ,tribe and its members and allottees2 7#b7 to authorize1 ratify1 and confirm provisions of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement pertaining to the ,tribal water rights negotiated by the ,tribe1 the ,state of ,kansas1 and the ,united ,states1 and prior to the passage of this ,act1 entered into by the ,tribe and the ,state of ,kansas2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement2 and 7,b7 to take any other action necessary to carry out the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement in accordance with this ,act2 and 7#d7 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 7#af ,u4,s4,c4 #ajja et seq47 and other actions consistent with this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,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 herein1 and for other purposes set forth herein4 7#b7 ,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 statute1 and that are held in trust by the ,united ,states for the benefit of one or more members or successors in interest thereto4 7#c7 ,allottee ,the term allottee means an individual who holds a beneficial real property interest in an ,indian allotment that is-- 7,a7 located within the ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#d7 ,court ,the term ,court means the ,united ,states ,district ,court for the ,district of ,kansas unless otherwise specified herein4 7#e7 ,delaware ,river ,basin ,the term ,delaware ,river ,basin means that area of land1 depicted on the map attached as ,exhibit #a to the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 within which the ,chief ,engineer will administer nondomestic ,kansas water rights to protect the ,tribal water rights4 7#f7 ,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 #f7;c74 7#g7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#h7 ,kansas water rights ,the term ,kansas water rights means a property right in the use of water obtained under ,kansas law4 7#i7 ,kickapoo ,tribe ,water ,rights ,settlement ,agreement ,the term ,kickapoo ,tribe ,water ,rights ,settlement ,agreement means the ,agreement executed by and between the ,tribe and the ,state of ,kansas on ,september #i1 #bjaf1 that is the subject of this approving legislation4 7#aj7 ,member ,the term member means any person duly enrolled as a member of the ,tribe4 7#aa7 ,reservation ,the term ,reservation-- 7,a7 means the land depicted on the map attached to the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement as ,exhibit ,i2 and 7,b7 shall be used solely for the purposes of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 this ,act1 and any judgment or decree issued by the ,court approving the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ac7 ,state of ,kansas ,the term ,state of ,kansas means the ,kansas ,state government and all of its officers1 agents1 agencies1 departments1 and divisions4 7#ad7 ,tribal water rights ,the term ,tribal water rights means the water rights ratified1 confirmed1 and declared to be valid for the benefit of the ,tribe and its members and allottees1 as set forth and described in section #e4 7#ae7 ,tribe ,the term ,tribe means the ,kickapoo ,tribe in ,kansas1 a ,federally recognized sovereign ,indian ,tribe that functions as a customary and traditional ,indian ,tribe1 acting on behalf of itself and its members1 but not acting on behalf of members in their capacities as allottees4 #d4 ,approval of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement 7a7 ,ratification of ,kickapoo ,tribe ,water ,rights ,settlement ,agreement 7#a7 ,in general ,except as modified by this ,act1 and to the extent that the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement does not conflict with this ,act1 the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,any amendment to the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement is authorized1 ratified1 and confirmed1 to the extent that the amendment is executed to make the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement consistent with this ,act4 7b7 ,execution of ,kickapoo ,tribe ,water ,rights ,settlement ,agreement 7#a7 ,in general ,to the extent that the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement does not conflict with this ,act1 the ,secretary is directed to and promptly shall execute-- 7,a7 the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement 7including any exhibit to the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement requiring the signature of the ,secretary72 and 7,b7 any amendment to the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement necessary to make the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement consistent with this ,act4 7#b7 ,modifications ,nothing in this ,act precludes the ,secretary from approving modifications to exhibits to the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement not inconsistent with this ,act1 to the extent those modifications do not otherwise require congressional approval pursuant to section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or other applicable ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 to the extent required the ,secretary1 shall promptly comply with all applicable requirements of-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,c7 all other applicable ,federal environmental laws2 and 7,d7 all regulations promulgated under the laws described in subparagraphs 7,a7 through 7,c74 7#b7 ,compliance with ,federal laws 7,a7 ,compliance ,the ,secretary is directed to carry out all ,federal compliance necessary to implement the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement4 7,b7 ,,nepa ,execution of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement by the ,secretary under this section shall not constitute a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,lead agency ,the ,bureau of ,indian ,affairs shall be designated as the lead agency with respect to environmental compliance pursuant to this section4 #e4 ,kickapoo ,tribe ,water ,rights 7a7 ,intent of ,congress ,it is the intent of ,congress to provide to each allottee benefits that are equal to or exceed the benefits allottees possess as of the date of enactment of this ,act1 taking into consideration-- 7#a7 the potential risks1 cost1 and time delay associated with litigation that would be resolved by the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement and this ,act2 7#b7 the availability of water from the ,tribal water rights as set forth in the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement2 and 7#c7 the applicability of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 and this ,act to protect the interests of allottees4 7b7 ,confirmation of ,tribal water rights 7#a7 ,in general ,a consumptive ,tribal water right of up to #d1gje acre-feet of water per year is confirmed in accordance with the terms and conditions of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement4 7#b7 ,use ,subject to the terms and conditions of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 this ,act1 and applicable ,federal law1 the ,tribe may use the ,tribal water rights for any purpose4 7c7 ,holding in trust ,the ,tribal water rights1 as set forth in subsection 7b71 shall-- 7#a7 be held in trust by the ,united ,states on behalf of the ,tribe and its members and allottees in accordance with this section2 7#b7 include the priority date set forth in the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement2 and 7#c7 not be subject to forfeiture or abandonment4 7d7 ,allottees 7#a7 ,applicability of act of ,february #h1 #ahhg ,the provisions of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 relating to the use of water for irrigation purposes shall apply to the ,tribal water rights4 7#b7 ,entitlement to water ,any entitlement to water for allotted land located within the exterior boundaries of the ,reservation under ,federal law shall be satisfied from the ,tribal water rights4 7#c7 ,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 rights4 7#d7 ,members ,members who do not own interests 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 ,kickapoo ,tribe ,water ,rights ,settlement ,agreement and the ,tribal ,water ,code4 7#e7 ,exhaustion of remedies ,before asserting any claim against the ,united ,states under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or any other applicable law1 a member or allottee shall exhaust remedies available under the ,tribal ,water ,code or other applicable ,tribal law4 7#f7 ,claims ,following exhaustion of remedies available under the ,tribal ,water ,code or other applicable tribal law1 a member or allottee may seek relief under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or other applicable law4 7#g7 ,authority ,the ,secretary shall have the authority to protect the rights of members or allottees as specified in this section4 7e7 ,authority of ,tribe 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,tribe shall have authority to use1 allocate1 distribute1 and lease the ,tribal water rights on or off the ,reservation in accordance with-- 7,a7 the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement2 7,b7 the ,tribal ,water ,code or other applicable tribal law2 and 7,c7 applicable ,federal law4 7#b7 ,leases by allottees 7,a7 ,in general ,an allottee may lease any interest in land held by the allottee1 together with any water rights determined to be appurtenant to that interest in land4 7,b7 ,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 ,reservation1 consistent with the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement4 7,c7 ,water rights apportioned ,water apportioned from the ,tribal water rights may be leased off ,reservation pursuant to the terms and conditions of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement4 7f7 ,tribal ,water ,code 7#a7 ,in general ,not later than #c years after the enforceability date1 the ,tribe shall enact a ,tribal ,water ,code1 that provides for-- 7,a7 the management1 regulation1 and governance of all uses of the ,tribal water rights in accordance with the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement2 and 7,b7 establishment by the ,tribe of conditions1 permit requirements1 and other limitations relating to the diversion1 storage1 and use of the ,tribal water rights in accordance with the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement4 7#b7 ,inclusions ,the ,tribal ,water ,code shall provide-- 7,a7 that allocations of water to members or allottees shall be satisfied with water from the ,tribal water rights2 7,b7 that charges for delivery of water for irrigation purposes for allottees shall be assessed in accordance with section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha72 7,c7 the process by which a member or allottee may request that the ,tribe provide water for irrigation or domestic purposes in accordance with this ,act2 7,d7 a due process system for the consideration and determination by the ,tribe of any request by a member or allottee for an allocation of such water for irrigation or domestic purposes on allotted land1 including a process for-- 7i7 appeal and adjudication of any denied or disputed distribution of water2 and 7ii7 resolution of any contested administrative decision2 and 7,e7 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 relating to the amount of water allocated to land of the allottee must first exhaust remedies available to the member or allottee under ,tribal law and the ,tribal ,water ,code before initiating an action against the ,united ,states or petitioning the ,secretary pursuant to subsection 7d77#e74 7#c7 ,action by ,secretary 7,a7 ,in general ,the ,secretary shall administer the ,tribal water rights until the ,tribal ,water ,code is enacted and approved under this section4 7,b7 ,approval ,any provision of the ,tribal ,water ,code and any amendment to the ,tribal ,water ,code that affects the rights of members or allottees-- 7i7 shall be subject to the approval of the ,secretary2 and 7ii7 shall not be valid until approved by the ,secretary4 7,c7 ,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 approval4 7g7 ,effect ,except as otherwise specifically provided in this section1 nothing in this ,act-- 7#a7 authorizes any action by a member or allottee 7or any successor in interest to an allottee7 against any individual or entity1 or against the ,tribe1 under ,federal1 ,state1 ,tribal1 or local law2 or 7#b7 alters or affects the status of any action pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 #f4 ,effect of ,kickapoo ,tribe ,water ,rights ,settlement ,agreement and ,act 7a7 ,administration of ,kansas water rights ,the ,state of ,kansas shall administer all ,kansas water rights in the ,delaware ,river ,basin in conformity with ,article #g of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 the ,memorandum of ,agreement and other exhibits referenced therein and attached thereto1 and this ,act4 7b7 ,effect of ,kickapoo ,tribe ,water ,rights ,settlement ,agreement and ,act ,nothing in the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement or this ,act-- 7#a7 affects the ability of the ,united ,states1 acting as sovereign1 to take actions authorized by law1 including any laws relating to health1 safety1 or the environment1 including-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c72 7#b7 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 ,tribe2 7#c7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law regarding health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or other parties pursuant to ,federal law regarding health1 safety1 or the environment2 and 7,c7 to conduct judicial review of ,federal agency action2 7#d7 waives any claim of a member of the ,tribe in an individual capacity that does not derive from a right of the ,tribe2 or 7#e7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 prior to performing the respective obligations of that party under the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement4 7c7 ,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 approving the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement4 #g4 ,water facilities ,the ,secretary of ,agriculture1 as delegated to the ,director of the ,natural ,resources ,conservation ,service1 in consultation with the ,secretary as delegated to the ,secretary's ,indian ,water ,rights ,office1 is hereby directed-- 7#a7 to commence a study of the ,upper ,delaware and ,tributaries ,watershed project1 as authorized by the ,committee on ,environment and ,public ,works of the ,senate 7,senate ,report #aje-ac2 ,april #bb1 #aiig72 and 7#b7 not later than #b years after the date of enactment of this ,act1 make recommendations to ,congress with respect to material alterations or changes in the ,plan necessary to effectuate1 in part1 the ,tribal water rights approved1 ratified1 and confirmed by the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement and this ,act4 #h4 ,waiver and release of claims2 retention of claims ,as described in ,article #ab of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement-- 7#a7 upon the enactment of this ,act1 the ,tribe and the ,united ,states agree to waive claims to water rights in the ,delaware ,river ,basin2 and 7#b7 nothing in this ,act resolves or waives any claims for damages or losses by the ,tribe against the ,united ,states1 for injuries to water rights or claims of interference with1 diversion1 or taking of water 7including claims for injury to lands resulting from such damages1 losses1 injuries1 interference with1 diversion1 or taking7 in the ,delaware ,river ,basin for failure to establish1 quantify1 acquire1 develop1 enforce1 or protect such water rights4 #i4 ,judicial proceedings ,upon the date of enactment of this ,act1 the judicial proceedings described in ,articles #aj and #aa of the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement shall be and are hereby authorized to be commenced4 #aj4 ,miscellaneous provisions 7a7 ,waiver of sovereign immunity by the ,united ,states ,except as provided in subsections 7a7 through 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff7 and the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 nothing in this ,act waives the sovereign immunity of the ,united ,states4 7b7 ,other tribes not adversely affected ,nothing in this ,act quantifies or diminishes any land or water rights1 or any claim or entitlement to land or water1 of an ,indian ,tribe1 band1 or community other than the ,tribe4 7c7 ,limitation on claims for reimbursement ,with respect to ,indian land within the ,reservation-- 7#a7 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 ,kickapoo ,tribe ,water ,rights ,settlement ,agreement2 and 7#b7 no assessment of any ,indian-owned land located within the ,reservation shall be made regarding that cost4 7d7 ,effect on current law ,nothing in this section affects any provision of law 7including regulations7 in effect on the day before the date of enactment of this ,act with respect to pre-enforcement review of any ,federal environmental enforcement action4 7e7 ,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 ,act4