[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1341 Enrolled Bill (ENR)]

        S.1341

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 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.

    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) 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
        (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.
        (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.
    (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.

    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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.