[Congressional Record Volume 141, Number 189 (Wednesday, November 29, 1995)]
[Senate]
[Pages S17825-S17828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SADDLEBACK MOUNTAIN-ARIZONA SETTLEMENT ACT

  Mr. LOTT. Madam President, I ask unanimous consent the Senate proceed 
to the immediate consideration of Calendar No. 245, S. 1341.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1341) 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.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Indian Affairs, with amendments; as follows:

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                S. 1341

       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, 

[[Page S 17826]]
     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.
       [(c)] (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.

  Mr. McCAIN. Mr. President, I rise in support of S. 1341, the 
Saddleback Mountain-Arizona Settlement Act of 1995.
  I was very pleased to join with Senator Kyl in sponsoring this 
legislation. Its purpose is to approve an agreement to settle a dispute 
between the Salt River Pima-Maricopa Indian community and the city of 
Scottsdale, AZ, over 701 acres of land known as the Saddleback 
property. This property is currently held by the Resolution Trust 
Corporation.
  The Saddleback property is located in the easternmost part of 
Scottsdale, abuts 1.7 miles of the northern boundary of the Salt River 
Indian Reservation, and is undeveloped. Its most distinctive feature is 
Saddleback Mountain, a striking natural landmark that rises abruptly 
from the desert floor to a height of 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 Resolution Trust Corporation, in its 
capacity as the 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, $6,500,000, conditioned upon being able to develop the flat 
portion of the property. the city, concerned about the direction that 
development of the property by the community might follow, sued the 
Resolution Trust Corporation to acquire the property by eminent domain. 
The Resolution Trust Corporation then rejected all auction sale bids 
and determined to transfer the property to Scottsdale through the 
eminent domain litigation. The community thereupon filed civil rights 
actions against the city and the Resolution Trust Corporation, seeking 
damages.
  Rather than pursue the litigation, the city, the community and the 
Resolution Trust Corporation sought to resolve their dispute through 
negotiation. The result of their efforts is a settlement agreement 
under which the Resolution Trust Corporation will sell the property to 
Scottsdale and the community for a total of $6,500,000. The city will 
pay $636,000 to acquire approximately 98 acres for preservation and 27 
acres for future expansion of an important traffic artery, Shea 
Boulevard. The community will pay $5,864,000 to acquire 576 acres 
adjoining its reservation, and this land will be added to its 
reservation. The two lawsuits, which are pending in the U.S. District 
Court for the District of Arizona, will be dismissed.
  Under the settlement agreement, 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 laws.
  Enactment of S. 1341 will eliminate any ambiguity as to the 
enforceability of the settlement agreement, and will ensure that the 
lands purchased by the Salt River Indian Community will be held in 
trust by the United States as part of the Salt River Reservation.
  The sale of the Saddleback property to the Indian community and the 
city will realize $6.5 million for the taxpayers, less any closing 
costs incurred by the Resolution Trust Corporation. No new 
authorization or expenditure of Federal funds is needed and none is 
provided by S. 1341.
  The Committee on Indian Affairs held a hearing on S. 1341 on October 
26, 1995, and on November 7, by voice vote, ordered the bill reported 
with an amendment. As amended, the bill has the unqualified support of 
the administration as well as the Salt River Pima-Maricopa Indian 
community and the city of Scottsdale.
  The Saddleback settlement reflects what President Lincoln referred to 
as the better angels of our nature. Rather than spend time and money on 
acrimonious litigation, the leaders of the tribal and city governments 
emphasized their common interests and negotiated their differences in 
good faith as neighbors. The enhanced mutual respect resulting from 
this cooperation is a significant byproduct of their efforts.

[[Page S 17827]]

  In particular, I congratulate Ivan Makil, the President of the Salt 
Water Pima-Maricopa Indian community, and Herb Drinkwater, the mayor of 
Scottsdale, and their respective councils, for their enlightened 
leadership in resolving the questions and issues involving the 
Saddleback property.
  As a result of their collective efforts, Saddleback Mountain will be 
preserved in its natural state in a park setting within what is a 
rapidly developing urban area. For generations to come, citizens of 
every stripe will be able to appreciate and enjoy this unique natural 
monument. Similarly, the Salt River Indian community is assured of 
always being able to preserve and protect the historic and cultural 
areas of the mountain that are of great significance to its members.
  The Saddleback settlement is a victory for common sense and civility. 
It is irrefutable evidence that good will and mutual respect are key to 
finding win-win solutions to complex problems. S. 1341 confirms this 
victory and this evidence. I strongly urge the Senate to approve it.
  Mr. LOTT. I ask unanimous consent the committee amendments be agreed 
to, the bill be deemed read a third time and passed as amended, the 
motion to reconsider be laid upon the table, and any statements 
relating to the bill be placed in the Record at the appropriate place.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1341), as amended, was deemed read a third time and 
passed, as follows:

                                S. 1341

       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:

[[Page S 17828]]

       (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.

                          ____________________