PUBLIC LAW 104–102—FEB. 6, 1996

SADDLEBACK MOUNTAIN-ARIZONA

SETTLEMENT ACT OF 1995

110 STAT. 50 PUBLIC LAW 104–102—FEB. 6, 1996

Public Law 104–102

104th Congress

An Act

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

Saddleback

MountainArizona

Settlement Act of

1995.

Feb. 6, 1996

[S. 1341]

PUBLIC LAW 104–102—FEB. 6, 1996 110 STAT. 51

(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.

110 STAT. 52 PUBLIC LAW 104–102—FEB. 6, 1996

(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 Sec- retary 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 Devel- opment Property purchased by the Community from the Resolution Trust Corporation; and (2) to the City, the Preservation Property and the Dedica- tion Property purchased by the City from the Resolution Trust

Corporation.

(b) TRUST STATUS.—The Mountain Property and the Develop- ment 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.

PUBLIC LAW 104–102—FEB. 6, 1996 110 STAT. 53

(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.

Recreation and

recreational

areas.

110 STAT. 54 PUBLIC LAW 104–102—FEB. 6, 1996

LEGISLATIVE HISTORY—S. 1341:

HOUSE REPORTS: No. 104–439, Pt. 1 (Comm. on Resources).

SENATE REPORTS: No. 104–174 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Nov. 29, considered and passed Senate.

Vol. 142 (1996): Jan. 23, considered and passed House.

Æ

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.

Approved February 6, 1996.