; (4) a statement that the State shall indemnify and hold the United States harmless for any action of negligence or gross negligence on the part of the State while conduction and eligible activity; and (5) any other documentation that the Secretary may require. 2. Activities eligible for reimbursement The Secretary of the Interior shall reimburse States for non-Federal funds expended for activities that meet all of the following criteria: (1) The activity was conducted under a memorandum of understanding entered into under section 1. (2) The activity was conducted during a time when the Federal Government was not conducting that activity due to the partial shutdown of the Federal Government that was the result of a lapse in appropriations. (3) The activity was necessary to operate one or more facilities or programs that the Secretary and the State have agreed, under the memorandum of understanding entered into under section 1, to have a direct economic impact on tourism, mining, timber, or general transportation in the State. (4) The activity was conducted in a manner and at a level not substantially greater in scope or cost than how the activity would have been conducted by the Federal Government. (5) The activity is not a settlement of or defense against a claim of liability on the part of the State. 3. Waiver of sovereign immunity If any State brings an action in any court of the United States or any State court relating only and directly to enforcement of section 2 and names the United States as a party, any claim by the United States to sovereign immunity from the action is waived, but only for the limited and sole purpose of reimbursement to a State for non-Federal funds expended by or on behalf of that State for activities that meet all of the criteria listed in section 2.