S 338

S 338 IS

To amend the Omnibus Indian Advancement Act to modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust and to provide for the conduct of certain activities on the land.

January 28, 2009

Mrs. FEINSTEIN introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

To amend the Omnibus Indian Advancement Act to modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust and to provide for the conduct of certain activities on the land.

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

SECTION 1. LYTTON RANCHERIA OF CALIFORNIA.

Section 819 of the Omnibus Indian Advancement Act (Public Law 106-568; 114 Stat. 2919) is amended--

(1) in the first sentence, by striking ‘Notwithstanding’ and inserting the following:

‘(a) Acceptance of Land- Notwithstanding’;

(2) in the second sentence, by striking ‘The Secretary’ and inserting the following:

‘(b) Declaration- The Secretary’; and

(3) by striking the third sentence and inserting the following:

‘(c) Treatment of Land for Purposes of Class II Gaming-

‘(1) IN GENERAL- Subject to paragraph (2), notwithstanding any other provision of law, the Lytton Rancheria of California may conduct activities for class II gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land taken into trust under this section.

‘(2) REQUIREMENT- The Lytton Rancheria of California shall not expand the exterior physical measurements of any facility on the Lytton Rancheria in use for class II gaming activities on the date of enactment of this paragraph.

‘(d) Treatment of Land for Purposes of Class III Gaming- Notwithstanding subsection (a), for purposes of class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)), the land taken into trust under this section shall be treated, for purposes of section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719), as if the land was acquired on October 9, 2003, the date on which the Secretary took the land into trust.’.