I 111th CONGRESS 1st Session S. 338 IN THE HOUSE OF REPRESENTATIVES March 16, 2009 Referred to the Committee on Natural Resources AN ACT 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.

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. .

Passed the Senate March 12, 2009. Nancy Erickson, Secretary