[104th Congress Public Law 102]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ102.104]
SADDLEBACK MOUNTAIN-ARIZONA SETTLEMENT ACT OF 1995
[[Page 110 STAT. 50]]
Public Law 104-102
104th Congress
An Act
To provide for the transfer of certain lands to the Salt River Pima-
Maricopa Indian Community and the city of Scottsdale, Arizona, and for
other purposes. <<NOTE: Feb. 6, 1996 - [S. 1341]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Saddleback
Mountain-Arizona Settlement Act of 1995.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saddleback Mountain-Arizona
Settlement Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Salt River Pima-Maricopa Indian Community and the
city of Scottsdale, Arizona, have a longstanding interest in a
701-acre tract of land known as the ``Saddleback Property'',
that lies within the boundaries of the City and abuts the north
boundary of the Salt River Pima-Maricopa Indian Reservation;
(2) the Saddleback Property includes Saddleback Mountain and
scenic hilly terrain along the Shea Boulevard corridor in
Scottsdale, Arizona, that--
(A) has significant conservation value; and
(B) is of historic and cultural significance to the
Community;
(3) in 1989, the Resolution Trust Corporation acquired the
Saddleback Property as a receiver for the Sun City Savings and
Loan Association;
(4) after the Saddleback Property was noticed for sale by
the Resolution Trust Corporation, a dispute between the
Community and the City arose concerning the future ownership,
use, and development of the Saddleback Property;
(5) the Community and the City each filed litigation with
respect to that dispute, but in lieu of pursuing that
litigation, the Community and the City negotiated a Settlement
Agreement that--
(A) addresses the concerns of each of those parties
with respect to the future use and development of the
Saddleback Property; and
(B) provides for the dismissal of the litigation;
(6) under the Settlement Agreement, subject to detailed use
and development agreements--
(A) the Community will purchase a portion of the
Saddleback Property; and
(B) the City will purchase the remaining portion of
that property; and
[[Page 110 STAT. 51]]
(7) the Community and the City agree that the enactment of
legislation by Congress to ratify the Settlement Agreement is
necessary in order for--
(A) the Settlement Agreement to become effective;
and
(B) the United States to take into trust the
property referred to in paragraph (6)(A) and make that
property a part of the Reservation.
(b) Purposes.--The purposes of this Act are--
(1) to approve and confirm the Settlement, Release, and
Property Conveyance Agreement executed by the Community, the
City, and the Resolution Trust Corporation;
(2) to ensure that the Settlement Agreement (including the
Development Agreement, the Use Agreement, and all other
associated ancillary agreements and exhibits)--
(A) is carried out; and
(B) is fully enforceable in accordance with its
terms, including judicial remedies and binding
arbitration provisions; and
(3) to provide for the taking into trust by the United
States of the portion of the Saddleback Property purchased by
the Community in order to make that portion a part of the
Reservation.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions shall apply:
(1) City.--The term ``City'' means the city of Scottsdale,
Arizona, which is a municipal corporation in the State of
Arizona.
(2) Community.--The term ``Community'' means the Salt River
Pima-Maricopa Indian Community, which is a federally recognized
Indian tribe.
(3) Dedication property.--The term ``Dedication Property''
means a portion of the Saddleback Property, consisting of
approximately 27 acres of such property, that the City will
acquire in accordance with the Settlement Agreement.
(4) Development agreement.--The term ``Development
Agreement'' means the agreement between the City and the
Community, executed on September 11, 1995, that sets forth
conditions and restrictions that--
(A) are supplemental to the Settlement, Release and
Property Conveyance Agreement referred to in paragraph
(11)(A); and
(B) apply to the future use and development of the
Development Property.
(5) Development property.--The term ``Development Property''
means a portion of the Saddleback Property, consisting of
approximately 211 acres, that the Community will acquire in
accordance with the Settlement Agreement.
(6) Mountain property.--The term ``Mountain Property'' means
a portion of the Saddleback Property, consisting of
approximately 365 acres, that the Community will acquire in
accordance with the Settlement Agreement.
(7) Preservation property.--The term ``Preservation
Property'' means a portion of the Saddleback Property,
consisting of approximately 98 acres, that the City will acquire
in accordance with the Settlement Agreement.
[[Page 110 STAT. 52]]
(8) Reservation.--The term ``Reservation'' means the Salt
River Pima-Maricopa Indian Reservation.
(9) Saddleback property.--The term ``Saddleback Property''
means a tract of land that--
(A) consists of approximately 701 acres within the
city of Scottsdale, Arizona; and
(B) includes the Dedication Property, the
Development Property, the Mountain Property, and the
Preservation Property.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) Settlement agreement.--The term ``Settlement
Agreement''--
(A) means the Settlement, Release and Property
Conveyance Agreement executed on September 11, 1995, by
the Community, the City, and the Resolution Trust
Corporation (in its capacity as the Receiver for the Sun
State Savings and Loan Association, F.S.A.); and
(B) includes the Development Agreement, the Use
Agreement, and all other associated ancillary agreements
and exhibits.
(12) Use agreement.--The term ``Use Agreement'' means the
agreement between the City and the Community, executed on
September 11, 1995, that sets forth conditions and restrictions
that--
(A) are supplemental to the Settlement, Release and
Property Conveyance Agreement referred to in paragraph
(11)(A); and
(B) apply to the future use and development of the
Mountain Property.
SEC. 4. APPROVAL OF AGREEMENT.
The Settlement Agreement is hereby approved and ratified and shall
be fully enforceable in accordance with its terms and the provisions of
this Act.
SEC. 5. TRANSFER OF PROPERTIES.
(a) In General.--Upon satisfaction of all conditions to closing set
forth in the Settlement Agreement, the Resolution Trust Corporation
shall transfer, pursuant to the terms of the Settlement Agreement--
(1) to the Secretary, the Mountain Property and the
Development Property purchased by the Community from the
Resolution Trust Corporation; and
(2) to the City, the Preservation Property and the
Dedication Property purchased by the City from the Resolution
Trust Corporation.
(b) Trust Status.--The Mountain Property and the Development
Property transferred pursuant to subsection (a)(1) shall, subject to
sections 6 and 7--
(1) be held in trust by the United States for the Community;
and
(2) become part of the Reservation.
(c) Limitation on Liability.--Notwithstanding any other provision of
law, the United States shall not incur any liability for conditions,
existing prior to the transfer, on the parcels of land referred to in
subsection (b) to be transferred to the United States in trust for the
Salt River Pima-Maricopa Indian Community.
[[Page 110 STAT. 53]]
(d) Records.--Upon the satisfaction of all of the conditions of
closing set forth in the Settlement Agreement, the Secretary shall file
a plat of survey depicting the Saddleback Property (that includes a
depiction of the Dedication Property, the Development Property, the
Mountain Property, and the Preservation Property) with--
(1) the office of the Recorder of Maricopa County, Arizona;
and
(2) the Titles and Records Center of the Bureau of Indian
Affairs, located in Albuquerque, New Mexico.
SEC. 6. LIMITATIONS ON USE AND DEVELOPMENT. <<NOTE: Recreation and
recreational areas.>>
Upon the satisfaction of all of the conditions of closing set forth
in the Settlement Agreement, the properties transferred pursuant to
paragraphs (1) and (2) of section 5(a) shall be subject to the following
limitations and conditions on use and development:
(1) Preservation property.--
(A) In general.--Except as provided in subparagraph
(B), the Preservation Property shall be forever
preserved in its natural state for use only as a public
park or recreation area that shall--
(i) be utilized and maintained for the
purposes set forth in section 4(C) of the
Settlement Agreement; and
(ii) be subject to the restrictions set forth
in section 4(C) of the Settlement Agreement.
(B) Shea boulevard.--At the sole discretion of the
City, a portion of the Preservation Property may be used
to widen, reconfigure, repair, or reengineer Shea
Boulevard in accordance with section 4(D) of the
Settlement Agreement.
(2) Dedication property.--The Dedication Property shall be
used to widen, reconfigure, repair, or reengineer Shea Boulevard
and 136th Street, in accordance with sections 4(D) and 7 of the
Settlement Agreement.
(3) Mountain property.--Except for the areas in the Mountain
Property referred to as Special Cultural Land in section 5(C) of
the Settlement Agreement, the Mountain Property shall be forever
preserved in its natural state for use only as a public park or
recreation area that shall--
(A) be utilized and maintained for the purposes set
forth in section 5(C) of the Settlement Agreement; and
(B) be subject to the restrictions set forth in
section 5(C) of the Settlement Agreement.
(4) Development property.--The Development Property shall be
used and developed for the economic benefit of the Community in
accordance with the provisions of the Settlement Agreement and
the Development Agreement.
[[Page 110 STAT. 54]]
SEC. 7. AMENDMENTS TO THE SETTLEMENT AGREEMENT.
No amendment made to the Settlement Agreement (including any
deviation from an approved plan described in section 9(B) of the
Settlement Agreement) shall become effective, unless the amendment--
(1) is made in accordance with the applicable requirements
relating to the form and approval of the amendment under
sections 9(B) and 34 of the Settlement Agreement; and
(2) is consistent with the provisions of this Act.
Approved February 6, 1996.
LEGISLATIVE HISTORY--S. 1341:
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HOUSE REPORTS: No. 104-439, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 104-174 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
Nov. 29, considered and passed
Senate.
Vol. 142 (1996):
Jan. 23, considered and passed
House.
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