[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1327 Introduced in Senate (IS)]


104th CONGRESS
  1st Session
                                S. 1327

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 17 (legislative day, October 10), 1995

  Mr. McCain (for himself and Mr. Kyl) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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) in its capacity as a receiver for the Sun State Savings 
        and Loan Association, F.S.A., the Resolution Trust Corporation 
        holds a tract of land consisting of approximately 701 acres 
        within the city of Scottsdale, Arizona (referred to in this Act 
        as the ``Saddleback Property'');
            (2) the Saddleback Property abuts the north boundary of the 
        Salt River Pima-Maricopa Indian Reservation;
            (3) because the Saddleback Property includes Saddleback 
        Mountain and scenic hilly terrain along the Shea Boulevard 
        Corridor in Scottsdale, Arizona, a major portion of the 
        Saddleback Property has significant conservation value;
            (4) pursuant to section 10(b) of the Coastal Barrier 
        Improvement Act of 1990 (12 U.S.C. 1441a-3(b)), the Resolution 
        Trust Corporation identified the conservation value of the 
        Saddleback Property and provided a description of the 
        Saddleback Property in a notice of the availability of the 
        property for sale;
            (5) the use and disposition of the Saddleback Property are 
        critical to the interests of both the City and the Salt River 
        Pima-Maricopa Indian Community;
            (6) during the course of dealings among the Community, the 
        City, and the Resolution Trust Corporation, disputes arose 
        regarding the ownership, conservation, use, and ultimate 
        development of the Saddleback Property;
            (7) the Community, the City, and the Resolution Trust 
        Corporation resolved their differences concerning the 
        Saddleback Property by entering into an agreement that provides 
        for the sale, at an aggregate price equal to the highest cash 
        bid that has been tendered to the Resolution Trust Corporation, 
        of--
                    (A) a portion of the Saddleback Property to the 
                City; and
                    (B) the remaining portion of the Saddleback 
                Property to the Community; and
            (8) the Settlement Agreement provides--
                    (A) for a suitable level of conservation for the 
                areas referred to in paragraph (3); and
                    (B) that the portion of the Saddleback Property 
                referred to in paragraph (7)(B) will become 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 City, the 
        Community, and the Resolution Trust Corporation; and
            (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.

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.
            (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) 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.

    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.

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.
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