(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); and 
(B) all future natural resource damage 
claims accruing after the effective date de-
scribed 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 Eastern LCR basin in Arizona, 
only for those cases in which the United States, 
through the Secretary or other designated Fed-
eral official, would act on behalf of the Tribe as 
a natural resource trustee pursuant to the Na-
tional 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 Reg-
ulations, 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 their 
obligations under this 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). 
(f) EFFECT.—Subject to subsections (b) and (e), 
nothing in this Act or the Settlement Agreement affects 
any right of the United States, or the State of Arizona, 
to take any actions, including enforcement actions, under
any laws (including regulations) relating to human health, 
safety and the environment. 
SEC. 8. MISCELLANEOUS PROVISIONS. 
(a) WAIVER OF SOVEREIGN IMMUNITY.—If any party 
to the Settlement Agreement or a Pumping Protection 
Agreement files a lawsuit only relating directly to the in-
terpretation or enforcement of this Act, the Settlement 
Agreement, an agreement described in paragraph (1), (2), 
or (3) of section 4(c), or a Pumping Protection Agree-
ment, naming the United States or the Tribe as a party, 
or if any other landowner or water user in the Little Colo-
rado River basin in Arizona files a lawsuit only relating 
directly to the interpretation or enforcement of Article 11, 
the rights of de minimis users in subparagraph 4.2.D or 
the rights of underground water users under Article 5 of 
the Settlement Agreement, naming the United States or 
the Tribe as a party—
(1) the United States, the Tribe, or both may 
be added as a party to any such litigation, and any 
claim by the United States or the Tribe to sovereign 
immunity from such suit is hereby waived, other 
than with respect to claims for monetary awards ex-
cept as specifically provided for in the Settlement 
Agreement; and
(2) the Tribe may waive its sovereign immunity 
from suit in the Superior Court of Apache County, 
Arizona for the limited purposes of enforcing the 
terms of the Intergovernmental Agreement, and any 
intergovernmental agreement required to be entered 
into by the Tribe under the terms of the Intergov-
ernmental Agreement, other than with respect to 
claims for monetary awards except as specifically 
provided in the Intergovernmental Agreement. 
(b) TRIBAL USE OF WATER.—
(1) IN GENERAL.—With respect to water rights 
made available under the Settlement Agreement and 
used on the Zuni Heaven Reservation—
(A) such water rights shall be held in trust 
by the United States in perpetuity, and shall 
not be subject to forfeiture or abandonment; 
(B) State law shall not apply to water uses 
on the Reservation; 
(C) the State of Arizona may not regulate 
or tax such water rights or uses (except that 
the court with jurisdiction over the decree en-
tered pursuant to the Settlement Agreement or 
the Norviel Decree Court may assess adminis-
trative fees for delivery of this water);
(D) subject to paragraph 7.7 of the Settle-
ment Agreement, the Zuni Tribe shall use 
water made available to the Zuni Tribe under 
the Settlement Agreement on the Zuni Heaven 
Reservation for any use it deems advisable; 
(E) water use by the Zuni Tribe or the 
United States on behalf of the Zuni Tribe for 
wildlife or instream flow use, or for irrigation to 
establish or maintain wetland on the Reserva-
tion, shall be considered to be consistent with 
the purposes of the Reservation; and 
(F)(i) not later than 3 years after the 
deadline described in section 9(b), the Zuni 
Tribe shall adopt a water code to be approved 
by the Secretary for regulation of water use on 
the lands identified in subsections (a) and (b) 
of section 5 that is reasonably equivalent to 
State water law (including statutes relating to 
dam safety and groundwater management); and 
(ii) until such date as the Zuni Tribe 
adopts a water code described in clause (i), the 
Secretary, in consultation with the State of Ari-
zona, shall administer water use and water reg-
ulation on lands described in that clause in a 
manner that is reasonably equivalent to State
law (including statutes relating to dam safety 
and groundwater management). 
(2) LIMITATION.—
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Zuni Tribe or the United 
States shall not sell, lease, transfer, or trans-
port water made available for use on the Zuni 
Heaven Reservation to any other place. 
(B) EXCEPTION.—Water made available to 
the Zuni Tribe or the United States for use on 
the Zuni Heaven Reservation may be severed 
and transferred from the Reservation to other 
Zuni Lands if the severance and transfer is ac-
complished in accordance with State law (and 
once transferred to any lands held in fee, such 
water shall be subject to State law). 
(c) RIGHTS-OF-WAY.—
(1) NEW AND FUTURE TRUST LAND.—The land 
taken into trust under subsections (a) and (b) of 
section 5 shall be subject to existing easements and 
rights-of-way. 
(2) ADDITIONAL RIGHTS-OF-WAY.—
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Secretary, in con-
sultation with the Tribe, shall grant additional