[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1341 Reported in Senate (RS)]





                                                       Calendar No. 245

104th CONGRESS

  1st Session

                                S. 1341

                          [Report No. 104-174]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

            November 17 (legislative day, November 16), 1995

                        Reported with amendments





                                                       Calendar No. 245
104th CONGRESS
  1st Session
                                S. 1341

                          [Report No. 104-174]

  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 19 (legislative day, October 18), 1995

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

            November 17 (legislative day, November 16), 1995

                Reported by Mr. McCain, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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) 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.
    <DELETED>(c)</DELETED> (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.