(IV) the discharge of oil associ-
ated with routine physical or mechan-
ical maintenance of wells or diversion 
structures not inconsistent with appli-
cable law; 
(V) the discharge of oil associ-
ated with routine start-up and oper-
ation of well pumps not inconsistent 
with applicable law; or 
(VI) any combination of the 
causes described in subclauses (I) 
through (V). 
(2) CLAIMS
OF
THE
UNITED
STATES.—The 
Tribe, on behalf of itself and its members, is author-
ized to waive its right to request that the United 
States bring—
(A) any claims for injuries to water quality 
under the natural resource damage provisions 
of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), the Oil Pollution Act of 
1990 (33 U.S.C. 2701 et seq.) or any other ap-
plicable statute, for lands within the Little Col-
orado River Basin in the State of Arizona, ac-
cruing from time immemorial through the effec-
tive date described in section 9(a); and 
(B) any future claims for injuries or threat 
of injury to water quality under the natural re-
source damage provisions of the Comprehensive 
Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
the Oil Pollution Act of 1990 (33 U.S.C. 2701 
et seq.), or any other applicable statute, accru-
ing after the effective date described in section 
9(a), for any lands within the Eastern LCR 
basin, caused by—
(i) the lawful diversion or use of sur-
face water; 
(ii) the lawful withdrawal or use of 
underground water, except within the Zuni 
Protection Area, as provided in article 5 of 
the Settlement Agreement; 
(iii) the Parties’ performance of any 
obligations under the Settlement Agree-
ment; 
(iv) the discharge of oil associated 
with routine physical or mechanical main-
tenance of wells or diversion structures not 
inconsistent with applicable law;
(v) the discharge of oil associated with 
routine start-up and operation of well 
pumps not inconsistent with applicable law; 
or 
(vi) any combination of the causes de-
scribed in clauses (i) through (v). 
(3) LIMITATIONS.—Notwithstanding the au-
thorization for the Tribe’s waiver of future water 
quality claims in paragraph (1)(B)(ii) and the waiv-
er in paragraph (2)(B), the Tribe, on behalf of itself 
and its members, retains any statutory claims for in-
jury or threat of injury to water quality under the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and the Oil Pollution Act of 1990 (33 U.S.C. 
2701 et seq.), as described in subparagraph 
11.4(D)(3) and (4) of the Settlement Agreement, 
that accrue at least 30 years after the effective date 
described in section 9(a). 
(e) WAIVER OF UNITED STATES WATER QUALITY 
CLAIMS RELATED TO SETTLEMENT LAND AND WATER.—
(1) PAST AND PRESENT CLAIMS.—As part of 
the performance of its obligations under the Settle-
ment Agreement, the United States waives and re-
leases, subject to the retentions in paragraphs 11.4,
11.6 and 11.7 of the Settlement Agreement, all 
claims against the State of Arizona, or any agency 
or political subdivision thereof, or any other person, 
entity, corporation, or municipal corporation for—
(A) all past and present common law 
claims accruing from time immemorial through 
the effective date described in section 9(a) aris-
ing from or relating to water quality in which 
the injury asserted is to the Tribe’s interest in 
water, trust land, and natural resources in the 
Little Colorado River basin in the State of Ari-
zona; and 
(B) all past and present natural resource 
damage claims accruing through the effective 
date described in section 9(a) arising from or 
relating to water quality in which the claim is 
based on injury to natural resources or threat 
to natural resources in the Little Colorado 
River basin in Arizona, only for those cases in 
which the United States, through the Secretary 
or other designated Federal official, would act 
on behalf of the Tribe as a natural resource 
trustee pursuant to the National Contingency 
Plan, as set forth, as of the date of enactment
of this Act, in section 300.600(b)(2) of title 40, 
Code of Federal Regulations. 
(2) FUTURE CLAIMS.—As part of the perform-
ance of its obligations under the Settlement Agree-
ment, the United States waives and releases, subject 
to the retentions in paragraphs 11.4, 11.6 and 11.7 
of the Settlement Agreement, the State of Arizona, 
or any agency or political subdivision thereof, or any 
other person, entity, corporation, or municipal cor-
poration for—
(A) all future common law claims arising 
from or relating to water quality in which the 
injury or threat of injury asserted is to the 
Tribe’s interest in water, trust land, and nat-
ural resources in the Eastern LCR basin in Ari-
zona accruing after the effective date described 
in section 9(a) caused by—
(i) the lawful diversion or use of sur-
face water; 
(ii) the lawful withdrawal or use of 
underground water, except within the Zuni 
Protection Area, as provided in article 5 of 
the Settlement Agreement;