I
#
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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee 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.
Be it enacted by the Senate and House of Representa-
tives 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—
HR 2490 IH1S
(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 sig-
nificant 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 iden-
tified the conservation value of the Saddleback Prop-
erty and provided a description of the Saddleback
Property in a notice of the availability of the prop-
erty 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 Commu-
nity;
HR 2490 IH1S
(6) during the course of dealings among the
Community, the City, and the Resolution Trust Cor-
poration, disputes arose regarding the ownership,
conservation, use, and ultimate development of the
Saddleback Property;
(7) the Community, the City, and the Resolu-
tion Trust Corporation resolved their differences
concerning the Saddleback Property by entering into
an agreement that provides for the sale, at an aggre-
gate 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, Re-
lease, and Property Conveyance Agreement executed
HR 2490 IH1S
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 agree-
ments and exhibits)—
(A) is carried out; and
(B) is fully enforceable in accordance with
its terms, including judicial remedies and bind-
ing 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 corpora-
tion in the State of Arizona.
(2) COMMUNITY.—The term ‘‘Community’’
means the Salt River Pima-Maricopa Indian Com-
munity, which is a federally recognized Indian tribe.
(3) DEDICATION PROPERTY.—The term ‘‘Dedi-
cation Property’’ means a portion of the Saddleback
Property, consisting of approximately 27 acres of
such property, that the City will acquire in accord-
ance with the Settlement Agreement.
HR 2490 IH1S
(4) DEVELOPMENT
AGREEMENT.—The term
‘‘Development Agreement’’ means the agreement be-
tween 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 develop-
ment of the Development Property.
(5) DEVELOPMENT PROPERTY.—The term ‘‘De-
velopment Property’’ means a portion of the
Saddleback Property, consisting of approximately
211 acres, that the Community will acquire in ac-
cordance with the Settlement Agreement.
(6) MOUNTAIN PROPERTY.—The term ‘‘Moun-
tain 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.
HR 2490 IH1S
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 develop-
ment 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 Reso-
lution 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.
HR 2490 IH1S
(b) TRUST STATUS.—The Mountain Property and
the Development Property transferred pursuant to sub-
section (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 Agree-
ment, 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 Bu-
reau of Indian Affairs, located in Albuquerque, New
Mexico.
SEC. 6. LIMITATIONS ON USE AND DEVELOPMENT.
Upon the satisfaction of all of the conditions of clos-
ing 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 condi-
tions on use and development:
(1) PRESERVATION PROPERTY.—
HR 2490 IH1S
(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 dis-
cretion of the City, a portion of the Preserva-
tion 
Property 
may 
be 
used 
to 
widen,
reconfigure, repair, or reengineer Shea Boule-
vard in accordance with section 4(D) of the Set-
tlement 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 Settle-
ment Agreement.
(3) MOUNTAIN
PROPERTY.—Except for the
areas in the Mountain Property referred to as Spe-
cial Cultural Land in section 5(C) of the Settlement
HR 2490 IH1S
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 pur-
poses 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 Develop-
ment 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.
Æ