Buono

A Latin cross sits atop a prominent rock outcropping known as “Sunrise Rock” in the Mojave National Preserve (“Preserve”). Our court previously held that the presence of the cross in the Preserve — ■ which consists of more than 90 percent federally-owned land, including the land where the cross is situated — violates the Establishment Clause of the United States Constitution. Buono v. Norton, 371 F.3d 543 (9th Cir.2004). We affirmed the district court’s judgment permanently enjoining the government “from permitting the display of the Latin cross in the área of Sunrise Rock in the Mojave National Preserve.”

. During the pendency of the first appeal, Congress enacted a statute directing that the land on which the cross is situated be transferred to a private organization in exchange for a parcel of privately-owned land located elsewhere in the Preserve. See Pub.L. No. 108-87, R. 12.1, 12.4 § 8121(a)-(f), 117 Stat. 1100 (2003). That land exchange is already in progress and would leave a little donut hole of land with a cross in the midst of a vast federal preserve. The issue we address today is whether the land exchange violates the district court’s permanent injunction. We conclude…