[Pages S15235-S15236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

By Mr. McCAIN (for himself and Mr. Kyl):
S. 1327. A bill to provide for the transfer of certain lands to the
Salt River Pima-Maricopa Indian Community and the city of Scottsdale,
AZ, and for other purposes; to the Committee on Banking, Housing, and
Urban Affairs.

the saddleback mountain-arizona settlement act of 1995

<bullet> Mr. McCAIN. Mr. President, I am pleased to join with my
colleague, Senator Kyl, in introducing legislation to approve an
agreement to settle a longstanding dispute over 701 acres of unique and
valuable land within the city of Scottsdale, AZ, currently held by the
Resolution Trust Corporation [RTC]. The agreement, which was negotiated
by representatives of the Salt River Pima-Maricopa Indian Community,
the city of Scottsdale, and the RTC, provides for the RTC to sell part
of the property to the community and the remainder to the city.
The property is located in the eastern-most part of Scottsdale, abuts
1.7 miles of the northern boundary of the community's reservation, and
is undeveloped. Its most distinctive feature is Saddleback Mountain, a
striking landmark that rises abruptly from the desert floor to a height
of some 900 feet. Due to its location, high conservation value and
other special features, the property's use and disposition are of major
importance both to the community and the city.
A dispute arose after the RTC, in its capacity as receiver for the
Sun State Savings & Loan Association, acquired the Saddleback property
in 1989 and subsequently noticed it for sale. The community submitted
the highest cash bid for the property, conditioned upon being allowed
to develop the flat portion of the property. The city, concerned about
the direction that the development might follow, sued the RTC to
acquire the property by eminent domain. The RTC then rejected all
auction sale bids and determined to transfer the property to Scottsdale
through the eminent domain litigation. The community thereupon sued the
city and the RTC, seeking damages.
Rather than pursue the litigation, the city, the community, and the
RTC sought to resolve their dispute through negotiation. The result of
their efforts is a settlement agreement that will allow all parties to
realize their respective goals for the Saddleback property. Under the
agreement, the RTC will sell the property to Scottsdale and the
community for a total of $6.5 million. The city will pay $636,000 to
acquire approximately 125 acres, located north and south of Shea
Boulevard, for preservation and future road expansion. The community
will pay $5,864,000 to acquire 576 acres adjoining their reservation.
The two lawsuits, which are pending in U.S. District Court in Phoenix,
will be dismissed.
The agreement further provides that 365 acres of the property to be
acquired by the community, including Saddleback Mountain, will be
forever preserved in its natural State for use only as a public park
and recreation area. Except for a limited number of sites that are of
particular historical and cultural significance to the community, the
public will have free access to this area. Together with the
preservation property to be acquired by the city, it will be jointly
managed by the city and the community. The remaining 211 acres to be
acquired by the community will be subject to a detailed development
agreement with the city, as well as the limitations and restrictions of
current community zoning.
Mr. President, the bill that Senator Kyl and I are introducing today
has two primary objectives. First, it will approve and ratify the
settlement agreement and ensure that its terms will be fully
enforceable. Second, it provides that the property purchased by the
community will be held in trust by the United States and become part of
its reservation. Enactment of this legislation is a necessary step for
the settlement's provisions to become effective.
Achievement of the Saddleback settlement agreement demonstrates once
again the value and benefit of seeking to settle disputes through
negotiation rather than litigation. The Salt River Pima-Maricopa Indian
Community, its president and council, and the mayor and council of the
city of Scottsdale, along with their representatives and those of the
Resolution Trust Corporation who cooperated to make a settlement
possible, deserve great credit for their leadership and hard work to
resolve their differences amicably.
I believe the legislation to approve the Saddleback settlement
agreement is noncontroversial and clearly in the public interest, and I
note with satisfaction that no expenditure of funds from the U.S.
Treasury will be necessary for its implementation. Accordingly, I am
hopeful that the Congress will consider and approve this legislation in
an expeditious manner.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1327

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) 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 significant 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 identified the conservation
value of the Saddleback Property and provided a description
of the Saddleback Property in a notice of the availability of
the property 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 Community;
(6) during the course of dealings among the Community, the
City, and the Resolution Trust Corporation, disputes arose
regarding the ownership, conservation, use, and ultimate
development of the Saddleback Property;
(7) the Community, the City, and the Resolution Trust
Corporation resolved their differences concerning the
Saddleback Property by entering into an agreement that
provides for the sale, at an aggregate 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, Release, and
Property Conveyance Agreement executed 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 agreements and exhibits)--
(A) is carried out; and

[[Page S 15236]]

(B) is fully enforceable in accordance with its terms,
including judicial remedies and binding 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 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) 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.

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.<bullet>
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