[Congressional Record Volume 141, Number 160 (Tuesday, October 17, 1995)]
[Senate]
[Pages S15235-S15236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 1327. A bill to provide for the transfer of certain lands to the 
Salt River Pima-Maricopa Indian Community and the city of Scottsdale, 
AZ, and for other purposes; to the Committee on Banking, Housing, and 
Urban Affairs.


         the saddleback mountain-arizona settlement act of 1995

 Mr. McCAIN. Mr. President, I am pleased to join with my 
colleague, Senator Kyl, in introducing legislation to approve an 
agreement to settle a longstanding dispute over 701 acres of unique and 
valuable land within the city of Scottsdale, AZ, currently held by the 
Resolution Trust Corporation [RTC]. The agreement, which was negotiated 
by representatives of the Salt River Pima-Maricopa Indian Community, 
the city of Scottsdale, and the RTC, provides for the RTC to sell part 
of the property to the community and the remainder to the city.
  The property is located in the eastern-most part of Scottsdale, abuts 
1.7 miles of the northern boundary of the community's reservation, and 
is undeveloped. Its most distinctive feature is Saddleback Mountain, a 
striking landmark that rises abruptly from the desert floor to a height 
of some 900 feet. Due to its location, high conservation value and 
other special features, the property's use and disposition are of major 
importance both to the community and the city.
  A dispute arose after the RTC, in its capacity as receiver for the 
Sun State Savings & Loan Association, acquired the Saddleback property 
in 1989 and subsequently noticed it for sale. The community submitted 
the highest cash bid for the property, conditioned upon being allowed 
to develop the flat portion of the property. The city, concerned about 
the direction that the development might follow, sued the RTC to 
acquire the property by eminent domain. The RTC then rejected all 
auction sale bids and determined to transfer the property to Scottsdale 
through the eminent domain litigation. The community thereupon sued the 
city and the RTC, seeking damages.
  Rather than pursue the litigation, the city, the community, and the 
RTC sought to resolve their dispute through negotiation. The result of 
their efforts is a settlement agreement that will allow all parties to 
realize their respective goals for the Saddleback property. Under the 
agreement, the RTC will sell the property to Scottsdale and the 
community for a total of $6.5 million. The city will pay $636,000 to 
acquire approximately 125 acres, located north and south of Shea 
Boulevard, for preservation and future road expansion. The community 
will pay $5,864,000 to acquire 576 acres adjoining their reservation. 
The two lawsuits, which are pending in U.S. District Court in Phoenix, 
will be dismissed.
  The agreement further provides that 365 acres of the property to be 
acquired by the community, including Saddleback Mountain, will be 
forever preserved in its natural State for use only as a public park 
and recreation area. Except for a limited number of sites that are of 
particular historical and cultural significance to the community, the 
public will have free access to this area. Together with the 
preservation property to be acquired by the city, it will be jointly 
managed by the city and the community. The remaining 211 acres to be 
acquired by the community will be subject to a detailed development 
agreement with the city, as well as the limitations and restrictions of 
current community zoning.
  Mr. President, the bill that Senator Kyl and I are introducing today 
has two primary objectives. First, it will approve and ratify the 
settlement agreement and ensure that its terms will be fully 
enforceable. Second, it provides that the property purchased by the 
community will be held in trust by the United States and become part of 
its reservation. Enactment of this legislation is a necessary step for 
the settlement's provisions to become effective.
  Achievement of the Saddleback settlement agreement demonstrates once 
again the value and benefit of seeking to settle disputes through 
negotiation rather than litigation. The Salt River Pima-Maricopa Indian 
Community, its president and council, and the mayor and council of the 
city of Scottsdale, along with their representatives and those of the 
Resolution Trust Corporation who cooperated to make a settlement 
possible, deserve great credit for their leadership and hard work to 
resolve their differences amicably.
  I believe the legislation to approve the Saddleback settlement 
agreement is noncontroversial and clearly in the public interest, and I 
note with satisfaction that no expenditure of funds from the U.S. 
Treasury will be necessary for its implementation. Accordingly, I am 
hopeful that the Congress will consider and approve this legislation in 
an expeditious manner.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1327

       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

[[Page S 15236]]

       (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.
                                 ______