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104TH CONGRESS

1ST SESSION H. R. 2490

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 HOUSE OF REPRESENTATIVES

OCTOBER 17, 1995

Mr. HAYWORTH (for himself, Mr. PASTOR, and Mr. KOLBE) introduced the

following bill; which was referred to the Committee on Resources, and in

addition to the Committee on Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Saddleback Mountain5 Arizona Settlement Act of 1995’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) in its capacity as a receiver for the Sun

2 State Savings and Loan Association, F.S.A., the

3 Resolution Trust Corporation holds a tract of land

4 consisting of approximately 701 acres within the city

5 of Scottsdale, Arizona (referred to in this Act as the

6 ‘‘Saddleback Property’’);

7 (2) the Saddleback Property abuts the north

8 boundary of the Salt River Pima-Maricopa Indian

9 Reservation;

10 (3) because the Saddleback Property includes

11 Saddleback Mountain and scenic hilly terrain along

12 the Shea Boulevard Corridor in Scottsdale, Arizona,

13 a major portion of the Saddleback Property has sig14 nificant conservation value;

15 (4) pursuant to section 10(b) of the Coastal

16 Barrier Improvement Act of 1990 (12 U.S.C.

17 1441a–3(b)), the Resolution Trust Corporation iden18 tified the conservation value of the Saddleback Prop19 erty and provided a description of the Saddleback

20 Property in a notice of the availability of the prop21 erty for sale;

22 (5) the use and disposition of the Saddleback

23 Property are critical to the interests of both the City

24 and the Salt River Pima-Maricopa Indian Commu25 nity;
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1 (6) during the course of dealings among the

2 Community, the City, and the Resolution Trust Cor3 poration, disputes arose regarding the ownership,

4 conservation, use, and ultimate development of the

5 Saddleback Property;

6 (7) the Community, the City, and the Resolu7 tion Trust Corporation resolved their differences

8 concerning the Saddleback Property by entering into

9 an agreement that provides for the sale, at an aggre10 gate price equal to the highest cash bid that has

11 been tendered to the Resolution Trust Corporation,

12 of—

13 (A) a portion of the Saddleback Property

14 to the City; and

15 (B) the remaining portion of the

16 Saddleback Property to the Community; and

17 (8) the Settlement Agreement provides—

18 (A) for a suitable level of conservation for

19 the areas referred to in paragraph (3); and

20 (B) that the portion of the Saddleback

21 Property referred to in paragraph (7)(B) will

22 become part of the Reservation.

23 (b) PURPOSES.—The purposes of this Act are—

24 (1) to approve and confirm the Settlement, Re25 lease, and Property Conveyance Agreement executed
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1 by the City, the Community, and the Resolution

2 Trust Corporation; and

3 (2) to ensure that the Settlement Agreement

4 (including the Development Agreement, the Use

5 Agreement, and all other associated ancillary agree6 ments and exhibits)—

7 (A) is carried out; and

8 (B) is fully enforceable in accordance with

9 its terms, including judicial remedies and bind10 ing arbitration provisions.

11 SEC. 3. DEFINITIONS.

12 For the purposes of this Act, the following definitions

13 shall apply:

14 (1) CITY.—The term ‘‘City’’ means the city of

15 Scottsdale, Arizona, which is a municipal corpora16 tion in the State of Arizona.

17 (2) COMMUNITY.—The term ‘‘Community’’

18 means the Salt River Pima-Maricopa Indian Com19 munity, which is a federally recognized Indian tribe.

20 (3) DEDICATION PROPERTY.—The term ‘‘Dedi21 cation Property’’ means a portion of the Saddleback

22 Property, consisting of approximately 27 acres of

23 such property, that the City will acquire in accord24 ance with the Settlement Agreement.
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1 (4) DEVELOPMENT AGREEMENT.—The term

2 ‘‘Development Agreement’’ means the agreement be3 tween the City and the Community, executed on

4 September 11, 1995, that sets forth conditions and

5 restrictions that—

6 (A) are supplemental to the Settlement,

7 Release and Property Conveyance Agreement

8 referred to in paragraph (11)(A); and

9 (B) apply to the future use and develop10 ment of the Development Property.

11 (5) DEVELOPMENT PROPERTY.—The term ‘‘De12 velopment Property’’ means a portion of the

13 Saddleback Property, consisting of approximately

14 211 acres, that the Community will acquire in ac15 cordance with the Settlement Agreement.

16 (6) MOUNTAIN PROPERTY.—The term ‘‘Moun17 tain Property’’ means a portion of the Saddleback

18 Property, consisting of approximately 365 acres,

19 that the Community will acquire in accordance with

20 the Settlement Agreement.

21 (7) PRESERVATION PROPERTY.—The term

22 ‘‘Preservation Property’’ means a portion of the

23 Saddleback Property, consisting of approximately 98

24 acres, that the City will acquire in accordance with

25 the Settlement Agreement.
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1 (8) RESERVATION.—The term ‘‘Reservation’’

2 means the Salt River Pima-Maricopa Indian Res3 ervation.

4 (9) SADDLEBACK PROPERTY.—The term

5 ‘‘Saddleback Property’’ means a tract of land that—

6 (A) consists of approximately 701 acres

7 within the city of Scottsdale, Arizona; and

8 (B) includes the Dedication Property, the

9 Development Property, the Mountain Property,

10 and the Preservation Property.

11 (10) SECRETARY.—The term ‘‘Secretary’’

12 means the Secretary of the Interior.

13 (11) SETTLEMENT AGREEMENT.—The term

14 ‘‘Settlement Agreement’’—

15 (A) means the Settlement, Release and

16 Property Conveyance Agreement executed on

17 September 11, 1995, by the Community, the

18 City, and the Resolution Trust Corporation (in

19 its capacity as the Receiver for the Sun State

20 Savings and Loan Association, F.S.A.); and

21 (B) includes the Development Agreement,

22 the Use Agreement, and all other associated an23 cillary agreements and exhibits.

24 (12) USE AGREEMENT.—The term ‘‘Use Agree25 ment’’ means the agreement between the City and
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1 the Community, executed on September 11, 1995,

2 that sets forth conditions and restrictions that—

3 (A) are supplemental to the Settlement,

4 Release and Property Conveyance Agreement

5 referred to in paragraph (11)(A); and

6 (B) apply to the future use and develop7 ment of the Mountain Property.

8 SEC. 4. APPROVAL OF AGREEMENT.

9 The Settlement Agreement is hereby approved and

10 ratified and shall be fully enforceable in accordance with

11 its terms and the provisions of this Act.

12 SEC. 5. TRANSFER OF PROPERTIES.

13 (a) IN GENERAL.—Upon satisfaction of all conditions

14 to closing set forth in the Settlement Agreement, the Reso15 lution Trust Corporation shall transfer, pursuant to the

16 terms of the Settlement Agreement—

17 (1) to the Secretary, the Mountain Property

18 and the Development Property purchased by the

19 Community from the Resolution Trust Corporation;

20 and

21 (2) to the City, the Preservation Property and

22 the Dedication Property purchased by the City from

23 the Resolution Trust Corporation.
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1 (b) TRUST STATUS.—The Mountain Property and

2 the Development Property transferred pursuant to sub3 section (a)(1) shall, subject to sections 6 and 7—

4 (1) be held in trust by the United States for the

5 Community; and

6 (2) become part of the Reservation.

7 (c) RECORDS.—Upon the satisfaction of all of the

8 conditions of closing set forth in the Settlement Agree9 ment, the Secretary shall file a plat of survey depicting

10 the Saddleback Property (that includes a depiction of the

11 Dedication Property, the Development Property, the

12 Mountain Property, and the Preservation Property)

13 with—

14 (1) the office of the Recorder of Maricopa

15 County, Arizona; and

16 (2) the Titles and Records Center of the Bu17 reau of Indian Affairs, located in Albuquerque, New

18 Mexico.

19 SEC. 6. LIMITATIONS ON USE AND DEVELOPMENT.

20 Upon the satisfaction of all of the conditions of clos21 ing set forth in the Settlement Agreement, the properties

22 transferred pursuant to paragraphs (1) and (2) of section

23 5(a) shall be subject to the following limitations and condi24 tions on use and development:

25 (1) PRESERVATION PROPERTY.—
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1 (A) IN GENERAL.—Except as provided in

2 subparagraph (B), the Preservation Property

3 shall be forever preserved in its natural state

4 for use only as a public park or recreation area

5 that shall—

6 (i) be utilized and maintained for the

7 purposes set forth in section 4(C) of the

8 Settlement Agreement; and

9 (ii) be subject to the restrictions set

10 forth in section 4(C) of the Settlement

11 Agreement.

12 (B) SHEA BOULEVARD.—At the sole dis13 cretion of the City, a portion of the Preserva14 tion Property may be used to widen,

15 reconfigure, repair, or reengineer Shea Boule16 vard in accordance with section 4(D) of the Set17 tlement Agreement.

18 (2) DEDICATION PROPERTY.—The Dedication

19 Property shall be used to widen, reconfigure, repair,

20 or reengineer Shea Boulevard and 136th Street, in

21 accordance with sections 4(D) and 7 of the Settle22 ment Agreement.

23 (3) MOUNTAIN PROPERTY.—Except for the

24 areas in the Mountain Property referred to as Spe25 cial Cultural Land in section 5(C) of the Settlement
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1 Agreement, the Mountain Property shall be forever

2 preserved in its natural state for use only as a public

3 park or recreation area that shall—

4 (A) be utilized and maintained for the pur5 poses set forth in section 5(C) of the Settlement

6 Agreement; and

7 (B) be subject to the restrictions set forth

8 in section 5(C) of the Settlement Agreement.

9 (4) DEVELOPMENT PROPERTY.—The Develop10 ment Property shall be used and developed for the

11 economic benefit of the Community in accordance

12 with the provisions of the Settlement Agreement and

13 the Development Agreement.

14 SEC. 7. AMENDMENTS TO THE SETTLEMENT AGREEMENT.

15 No amendment made to the Settlement Agreement

16 (including any deviation from an approved plan described

17 in section 9(B) of the Settlement Agreement) shall become

18 effective, unless the amendment—

19 (1) is made in accordance with the applicable

20 requirements relating to the form and approval of

21 the amendment under sections 9(B) and 34 of the

22 Settlement Agreement; and

23 (2) is consistent with the provisions of this Act.

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