[Congressional Record Volume 155, Number 44 (Thursday, March 12, 2009)]
[Senate]
[Page S3091]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              AMENDING THE OMNIBUS INDIAN ADVANCEMENT ACT

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Committee on Indian Affairs be discharged from further consideration of 
S. 338 and that the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the title of the bill.
  The legislative clerk read as follows:

       A bill (S. 338) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the bill 
be read a third time and passed, the motion to reconsider be laid upon 
the table, with no intervening action or debate, and that any 
statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 338) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                 S. 338

       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.''.

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