Saddleback Mountain-Arizona Settlement Act of 1995
PL 104-102 (S.1341), enacted 02/06/1996

110 STAT. 50 
PUBLIC LAW 104-102—FEB. 6, 1996 
Public Law 104-102 
104th Congress 
An Act 
Feb. 6, 1996 
To provide for the transfer of certain lands to the Salt River Pima-Maricopa Indian 
[S 1341] 
Community and the city of Scottsdale, Arizona, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Saddleback 
the United States of America in Congress assembled, 
Mountain-
Arizona 
SECTION 1. SHORT TITLE. 
Settlement Act of 
,pj^.g ^^^ ^^^ 
^^ ^.^^^j ^^ ^^^ "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 Res-
ervation; 
(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 Agree-
ment 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 
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.—Thepurposesofthis 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 provi-
sions; 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 Prop-
erty" 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, consist-
ing 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, consist-
ing 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 Prop-
erty" 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 restric-
tions 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 Cor-
poration 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 Resolu-
tion 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, sub-
ject 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 provi-
sion 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 ofiice 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. 
Recreation and 
Upon the satisfaction of all of the conditions of closing set areas. 
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 Presei-vation Property shall be forever preserved 
in its natural state for use only as a public park or recre-
ation 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 Agree-
ment. 
(2) DEDICATION PROPERTY.—The Dedication Property shall 
be used to widen, reconfigure, repair, or reengineer Shea Boule-
vard 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 Prop-
erty 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. 
110 STAT. 54 
PUBLIC LAW 104-102—FEB. 6, 1996 
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. 
LEGISLATIVE HISTORY—S. 1341: 
HOUSE REPORTS: No. 104^39, 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.