Bills Sec. 18 — Limited waiver of sovereign immunity

The Navajo Nation, and the United States acting as trustee for the Navajo Nation and Navajo Allottees, may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the Navajo Nation and the United States to sovereign immunity from any such action is waived. By resolution No. CMY–26–24 and dated May 24, 2024, the Navajo Nation Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3), notwithstanding any provision of the Navajo Nation Code or any other Navajo Nation law. A circumstance referred to in paragraphs

(1)and

(2)is any of the following: Any party to the Settlement Agreement— brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— this Act; or the Settlement Agreement; names the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, as a party in that action; and does not include any request for award against the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, for money damages, court costs, or attorney fees. Any landowner or water user in the LCR Watershed or the Gila River Watershed— brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— paragraph 13 of the Settlement Agreement; the LCR Decree or the Gila River Adjudication Decree; or section 14; names the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, as a party in that action; and does not include any request for award against the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, for money damages, court costs or attorney fees. The Hopi Tribe, and the United States acting as trustee for the Hopi Tribe and Hopi Allottees, may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the Hopi Tribe and the United States to sovereign immunity from any such action is waived. By resolution No. H-035-2024 and dated May 20, 2024, the Hopi Tribal Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3), notwithstanding any provision of the Hopi Tribal Code or any other Hopi Tribe law. A circumstance referred to in paragraphs

(1)and

(2)is any of the following: Any party to the Settlement Agreement— brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— this Act; or the Settlement Agreement; names the Hopi Tribe or the United States, acting as trustee for the Hopi Tribe or Hopi Allottees, as a party in that action; and does not include any request for award against the Hopi Tribe, or the United States acting as trustee for the Hopi Tribe or Hopi Allottees, for money damages, court costs, or attorney fees. Any landowner or water user in the LCR Watershed— brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— paragraph 13 of the Settlement Agreement; the LCR Decree; or section 14; names the Hopi Tribe, or the United States acting as trustee for the Hopi Tribe or Hopi Allottees, as a party in that action; and does not include any request for award against the Hopi Tribe, or the United States acting as trustee for the Hopi Tribe or Hopi Allottees, for money damages, court costs, or attorney fees. The San Juan Southern Paiute Tribe and the United States acting as trustee for the San Juan Southern Paiute Tribe may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the San Juan Southern Paiute Tribe and the United States to sovereign immunity from any such action is waived. By resolution No. 2024–040, dated May 23, 2024, the San Juan Southern Paiute Tribal Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3), notwithstanding any provision of the San Juan Southern Paiute Tribal Code or any other San Juan Southern Paiute Tribal law. A circumstance referred to in paragraphs

(1)and

(2)is any of the following: Any party to the Settlement Agreement— brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— this Act; or the Settlement Agreement; names the San Juan Southern Paiute Tribe or the United States acting as trustee for the San Juan Southern Paiute Tribe as a party in that action; and does not include any request for award against the San Juan Southern Paiute Tribe, or the United States acting as trustee for the San Juan Southern Paiute Tribe, for money damages, court costs, or attorney fees. Any landowner or water user in the LCR Watershed— brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of— paragraph 13 of the Settlement Agreement; the LCR Decree; or section 14; names the San Juan Southern Paiute Tribe or the United States acting as trustee for the San Juan Southern Paiute Tribe as a party in that action; and does not include any request for award against the San Juan Southern Paiute Tribe, or the United States acting as trustee for the San Juan Southern Paiute Tribe, for money damages, court costs, or attorney fees.

Sec. 18. Limited waiver of sovereign immunity