110th CONGRESS 2d Session H. R. 2963 In the Senate of the United States, September 26 (legislative day, September 17), 2008. Amendments:

That the bill from the House of Representatives (H.R. 2963) entitled An Act to transfer certain land in Riverside County, California, and San Diego County, California, from the Bureau of Land Management to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians, and for other purposes., do pass with the following

(1)On page 3, line 12, strike and the United States Fish and Wildlife Service, and insert the Bureau of Land Management, and the United States Fish and Wildlife Service on November 11, 2005, which shall remain in effect until the date on which the Western Riverside County Multiple Species Habitat Conservation Plan expires. (3)

Notification

At least 45 days before terminating the memorandum of understanding entered into under paragraph (2)(B), the Director of the Bureau of Land Management, the Director of the United States Fish and Wildlife Service, or the Pechanga Band of Luiseno Mission Indians, as applicable, shall submit notice of the termination to— (A)the Committee on Natural Resources of the House of Representatives; (B)the Committee on Indian Affairs of the Senate; (C)the Assistant Secretary for Indian Affairs; and (D)the members of Congress representing the area subject to the memorandum of understanding. (4)

Termination or violation of the Memorandum of Understanding

The Director of the Bureau of Land Management and the Pechanga Band of Luiseno Mission Indians shall submit to Congress notice of the termination or a violation of the memorandum of understanding entered into under paragraph (2)(B) unless the purpose for the termination or violation is the expiration or cancellation of the Western Riverside County Multiple Species Habitat Conservation Plan. (2)On page 3, line 18, strike January 12 and insert May 2, 2007 (3)On page 7, line 11, after only insert: as open space and (4)On page 7, after line 16, insert:

(3)

Development prohibited

(A)

In general

There shall be no development of infrastructure or buildings on the land transferred under subsection (a). (B)

Open space

The land transferred under subsection (a) shall be— (i)maintained as open space; and (ii)used only for— (I)purposes consistent with the maintenance of the land as open space; and (II)the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources on the land transferred. (C)

Effect

Nothing in this paragraph prohibits the construction or maintenance of utilities or structures that are— (i)consistent with the maintenance of the land transferred under subsection (a) as open space; and (ii)constructed for the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources on the land transferred. (4)

Gaming prohibited

The Pechanga Band of Luiseno Mission Indians may not conduct, on any land acquired by the Pechanga Band of Luiseno Mission Indians pursuant to this Act, gaming activities or activities conducted in conjunction with the operation of a casino— (A)as a matter of claimed inherent authority; or (B)under any Federal law (including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act)).

Secretary