118 STAT. 3486 PUBLIC LAW 108–451—DEC. 10, 2004 SEC. 3. ARBITRATION. (a) NO PARTICIPATION BY THE UNITED STATES.— (1) IN GENERAL.—No arbitration decision rendered pursu- ant to subparagraph 12.1 of the UVD agreement or exhibit 20.1 of the Gila River agreement (including the joint control board agreement attached to exhibit 20.1) shall be considered invalid solely because the United States failed or refused to participate in such arbitration proceedings that resulted in such arbitration decision, so long as the matters in arbitration under subparagraph 12.1 of the UVD agreement or exhibit 20.1 of the Gila River Agreement concern aspects of the water rights of the Community, the San Carlos Irrigation Project, or the Miscellaneous Flow Lands (as defined in subparagraph 2.18A of the UVD agreement) and not the water rights of the United States in its own right, any other rights of the United States, or the water rights or any other rights of the United States acting on behalf of or for the benefit of another tribe. (2) ARBITRATION INEFFECTIVE.—If an issue otherwise sub- ject to arbitration under subparagraph 12.1 of the UVD agree- ment or exhibit 20.1 of the Gila River Agreement cannot be arbitrated or if an arbitration decision will not be effective because the United States cannot or will not participate in the arbitration, then the issue shall be submitted for decision to a court of competent jurisdiction, but not a court of the Community. (b) PARTICIPATION BY THE SECRETARY.—Notwithstanding any provision of any agreement, exhibit, attachment, or other document ratified by this Act, if the Secretary is required to enter arbitration pursuant to this Act or any such document, the Secretary shall follow the procedures for arbitration established by chapter 5 of title 5, United States Code. SEC. 4. ANTIDEFICIENCY. The United States shall not be liable for failure to carry out any obligation or activity required by this Act, including all titles and all agreements or exhibits ratified or confirmed by this Act, funded by— (1) the Lower Basin Development Fund established by sec- tion 403 of the Colorado River Basin Project Act (43 U.S.C. 1543), if there are not enough monies in that fund to fulfill those obligations or carry out those activities; or (2) appropriations, if appropriations are not provided by Congress. TITLE I—CENTRAL ARIZONA PROJECT SETTLEMENT SEC. 101. SHORT TITLE. This title may be cited as the ‘‘Central Arizona Project Settle- ment Act of 2004’’. SEC. 102. FINDINGS. Congress finds that— 43 USC 1501 note. Central Arizona Project Settlement Act of 2004. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00020 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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