Congressional Record, Volume 142 Issue 8 (Tuesday, January 23, 1996)

[Congressional Record Volume 142, Number 8 (Tuesday, January 23, 1996)]
[House]
[Pages H761-H763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SADDLEBACK MOUNTAIN-ARIZONA SETTLEMENT ACT OF 1995

Mr. GALLEGLY. Mr. Speaker, I move to suspend the rules and pass the
Senate 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 Clerk read 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:
(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

[[Page H762]]
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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Gallegly] will be recognized for 20 minutes, and the
gentleman from American Samoa [Mr. Faleomavaega] will be recognized for
20 minutes.
The Chair recognizes the gentleman from California [Mr. Gallegly].
(Mr. GALLEGLY asked and was given permission to revise and extend his
remarks.)
Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 1341, the proposed Saddleback Mountain-Arizona
Settlement Act of 1995, ratifies a land settlement agreement between
the Resolution Trust Corporation, the city of Scottsdale, and the Salt
River Pima-Maricopa Indian community.
Seven hundred and one acres of land, currently held by the Resolution
Trust Corporation, would be disposed of, pursuant to S. 1341, as
follows: one 27-acre tract and one 98-acre tract would be purchased by
the city of Scottsdale; and one 211-acre tract and one 365-acre tract
would be purchased by the Salt River Tribe.
Pending litigation between the parties would be dismissed.
Each of the four tracts would be administered according to a detailed
ownership, development, and use agreement.
Finally, S. 1341 provides that the land purchased by the tribe will
be taken into trust and become part of the Salt River Reservation.
The Congressional Budget Office estimates that, over time, ``there
would be no significant net budgetary impact'' if S. 1341 is enacted
into law.
The administration has testified that it ``strongly support[s] the
enactment of S. 1341''.
I would also like to commend Congressman J.D. Hayworth for his
leadership and tenacity in moving this ahead in an expeditious manner.
In conclusion, Mr. Speaker, I recommend a favorable vote on S. 1341.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, this bill would approve an agreement
among the Resolution Trust Corporation, the Salt River Pima-Maricopa
Indian Community of Arizona, and the city of Scottsdale to divide 701
acres of land known as the Saddleback Mountain property. In 1989, the
RTC, in its capacity as receiver for the Sun State Savings and Loan
Association, acquired the Saddleback Mountain property and noticed the
land for sale. The Pima Tribe submitted the highest cash bid for the
property offering $6.5 million. In response to this bid, the city of
Scottsdale filed suit against the RTC to acquire the property through
eminent domain. Reacting to the suit, the RTC rejected all bids on the
land and prepared to transfer the land to the city of Scottsdale at
which point the tribe sued the city and the RTC for damages.
Finally, all sides agreed to negotiate a settlement. The agreement
will allow the tribe to receive the bulk of the land, the city of
Scottsdale to obtain land for preservation purposes and to address
traffic flow problems, and the RTC will receive the full amount
originally bid. All parties support this agreement and both lawsuits
will be dismissed upon its enactment.
I support enactment of this bill and ask my colleagues to support
this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I yield 3 minutes to the gentleman from
Arizona [Mr. Hayworth].
Mr. HAYWORTH. Mr. Speaker, at this juncture, I would also like to
publicly thank the gentleman from California, chairman of the
Subcommittee on Native American and Insular Affairs, along with the
ranking member. It is great to have a chairman like the gentleman from
California [Mr. Gallegly] and a ranking member like the gentleman from
American Samoa [Mr. Faleomavaega], my dear friend, who have worked so
hard to try and address and redress some areas that are in need of
common sense and a consensus. So, Mr. Speaker, I thank the gentleman
from American Samoa very much for all of his efforts as well.
Mr. Speaker, as has been mentioned by my colleague, this legislation
is to approve an agreement for the settlement of litigation over the
Saddleback Mountain property in Arizona. The agreement provides for the
sale by the RTC of part of the Saddleback Mountain property to the Salt
River Pima Indian community, to be held in trust by the United States
as part of the property to the city of Scottsdale.
Mr. Speaker, this legislation is the result of months of negotiation
between the city of Scottsdale and the Salt River Pima Tribe, and lacks
solely to authorize and confirm the agreement and to provide that the
property purchased by the tribe will be taken into trust reservation
status.
Mr. Speaker, again, as we take a look across our country, and as we
take a look here in the Nation's Capital, so many contentious issues
where at times we agree to disagree, I think it is especially
noteworthy that here we have an example for, indeed, not only this
august Chamber, but for the rest of the country, of local empowerment;
of officials from the city of Scottsdale working with officials from
the Salt River Pima Indian community to work out the problems to their
mutual satisfaction, and then inviting the Federal Government to work
to approve this. I think it typifies the notion of a new partnership
and local empowerment.
Again, I think it is important, as both the chairman of the
subcommittee and the ranking member pointed out, S. 1341 does not
authorize any expenditure of funds by the United States. So, this is a
cost-free, or relatively cost-free item that again empowers local
communities given the special trust relationship with the United States
Government and the special things we needed to work out in this place
of legislation.
Undoubtedly, I would urge this august body to joint with our friends
in the other body to adopt this and move forward. Once again, in
conclusion, Mr. Speaker, I pause and thank my good friends, the
chairman of the subcommittee and the distinguished ranking member, for
all their efforts and call on my colleagues to overwhelmingly pass this
common sense, practical approach to local empowerment and good
government.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, as has been stated earlier by my good friend, the
gentleman from Arizona [Mr. Hayworth], I want to again express the true
spirit of bipartisanship as we work towards agreement on some of the
areas that were brought to the attention of both sides of the aisle. I
commend my good friend from California, the chairman of the
subcommittee, for his tremendous work in bringing this legislation to
the floor.
Mr. Speaker, I urge my colleagues to support this bill and I yield
back the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, just in conclusion, I would like to reiterate my
appreciation for the help of the gentleman from American Samoa, Mr.
Faleomavaega, the ranking member of the committee, and for the
leadership that we had from our good friend from Arizona, Mr. Hayworth.

[[Page H763]]

Mr. Speaker, having no further requests for time, I yield back the
balance of my time.

{time} 1545

The SPEAKER pro tempore (Mr. White). The question is on the motion
offered by the gentleman from California [Mr. Gallegly] that the House
suspend the rules and pass the Senate bill, S. 1341.
The question was taken.
Mr. GALLEGLY. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

____________________