In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL 
              FOREST, CALIFORNIA.

    (a) Conveyance Required.--Subject to valid existing rights and 
settlement of claims as provided in this section, the Secretary of 
Agriculture shall convey to KATY 101.3 FM (in this section referred to 
as ``KATY'') all right, title and interest of the United States in and 
to a parcel of real property consisting of approximately 1.06 acres 
within the San Bernardino National Forest in Riverside County, 
California, generally located in the north \1/2\ of section 23, 
township 5 south, range 2 east, San Bernardino meridian.
    (b) Legal Description.--The Secretary and KATY shall, by mutual 
agreement, prepare the legal description of the parcel of real property 
to be conveyed under subsection (a), which is generally depicted as 
Exhibit A-2 in an appraisal report of the subject parcel dated August 
26, 1999, by Paul H. Meiling.
    (c) Consideration.--Consideration for the conveyance under 
subsection (a) shall be equal to the appraised fair market value of the 
parcel of real property to be conveyed. Any appraisal to determine the 
fair market value of the parcel shall be prepared in conformity with 
the Uniform Appraisal Standards for Federal Land Acquisition and 
approved by the Secretary.
    (d) Settlement.--In addition to the consideration referred to in 
subsection (c), upon the receipt of $16,600 paid by KATY to the 
Secretary, the Secretary shall release KATY from any and all claims of 
the United States arising from the occupancy and use of the San 
Bernardino National Forest by KATY for communication site purposes.
    (e) Access Requirements.--Notwithstanding section 1323(a) of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or 
any other law, the Secretary is not required to provide access over 
National Forest System lands to the parcel of real property to be 
conveyed under subsection (a).
    (f) Administrative Costs.--Any costs associated with the creation 
of a subdivided parcel, recordation of a survey, zoning, and planning 
approval, and similar expenses with respect to the conveyance under 
this section, shall be borne by KATY.
    (g) Assumption of Liability.--By acceptance of the conveyance of 
the parcel of real property referred to in subsection (a), KATY, and 
its successors and assigns will indemnify and hold harmless the United 
States for any and all liability to General Telephone and Electronics 
Corporation (also known as ``GTE'') KATY, and any third party that is 
associated with the parcel, including liability for any buildings or 
personal property on the parcel belonging to GTE and any other third 
parties.
    (h) Treatment of Receipts.--All funds received pursuant to this 
section shall be deposited in the fund established under Public Law 90-
171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the funds 
shall remain available to the Secretary, until expended, for the 
acquisition of lands, waters, and interests in land for the inclusion 
in the San Bernardino National Forest.
    (i) Receipts Act Amendment.--The Act of June 15, 1938 (Chapter 
438:52 Stat. 699), as amended by the Acts of May 26, 1944 (58 Stat. 
227), is further amended--
        (1) by striking the comma after the words ``Secretary of 
    Agriculture'';
        (2) by striking the words ``with the approval of the National 
    Forest Reservation Commission established by section 4 of the Act 
    of March 1, 1911 (16 U.S.C. 513),'';
        (3) by inserting the words ``, real property or interests in 
    lands,'' after the word ``lands'' the first time it is used;
        (4) by striking ``San Bernardino and Cleveland'' and inserting 
    ``San Bernardino, Cleveland and Los Angeles'';
        (5) by striking ``county of Riverside'' each place it appears 
    and inserting ``counties of Riverside and San Bernardino'';
        (6) by striking ``as to minimize soil erosion and flood 
    damage'' and inserting ``for National Forest System purposes''; and
        (7) after the ``Provided further, That'', by striking the 
    remainder of the sentence to the end of the paragraph, and 
    inserting ``twelve and one-half percent of the monies otherwise 
    payable to the State of California for the benefit of San 
    Bernardino County under the aforementioned Act of March 1, 1911 (16 
    U.S.C. 500) shall be available to be appropriated for expenditure 
    in furtherance of this Act.''.

SEC. 2. SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT 
              CLARIFYING AMENDMENTS.

    The Santa Rosa and San Jacinto Mountains National Monument Act of 
2000 is amended as follows:
        (1) In the second sentence of section 2(d)(1), by striking 
    ``and the Committee on Agriculture, Nutrition, and Forestry''.
        (2) In the second sentence of section 4(a)(3), by striking 
    ``Nothing in this section'' and inserting ``Nothing in this Act''.
        (3) In section 4(c)(1), by striking ``any person, including''.
        (4) In section 5, by adding at the end the following:
    ``(j) Wilderness Protection.--Nothing in this Act alters the 
management of any areas designated as Wilderness which are within the 
boundaries of the National Monument. All such areas shall remain 
subject to the Wilderness Act (16 U.S.C. 1131 et seq.), the laws 
designating such areas as Wilderness, and other applicable laws. If any 
part of this Act conflicts with any provision of those laws with 
respect to the management of the Wilderness areas, such provision shall 
control.''.

SEC. 3. TECHNICAL CORRECTION.

    The Santo Domingo Pueblo Claims Settlement Act of 2000 is amended 
by adding at the end:

``SEC. 7. MISCELLANEOUS PROVISIONS.

    ``(a) Exchange of Certain Lands with New Mexico.--
        ``(1) In general.--Not later than 2 years after the date of the 
    enactment of this Act, the Secretary shall acquire by exchange the 
    State of New Mexico trust lands located in township 16 north, range 
    4 east, section 2, and all interests therein, including 
    improvements, mineral rights and water rights.
        ``(2) Use of other lands.--In acquiring lands by exchange under 
    paragraph (1), the Secretary may utilize unappropriated public 
    lands within the State of New Mexico.
        ``(3) Value of lands.--The lands exchanged under this 
    subsection shall be of approximately equal value, and the Secretary 
    may credit or debit the ledger account established in the 
    Memorandum of Understanding between the Bureau of Land Management, 
    the New Mexico State Land Office, and the New Mexico Commissioner 
    of Public Lands, in order to equalize the values of the lands 
    exchanged.
        ``(4) Conveyance.--
            ``(A) By secretary.--Upon the acquisition of lands under 
        paragraph (1), the Secretary shall convey all title and 
        interest to such lands to the Pueblo by sale, exchange or 
        otherwise, and the Pueblo shall have the exclusive right to 
        acquire such lands.
            ``(B) By pueblo.--Upon the acquisition of lands under 
        subparagraph (A), the Pueblo may convey such land to the 
        Secretary who shall accept and hold such lands in trust for the 
        benefit of the Pueblo.
    ``(b) Other Exchanges of Land.--
        ``(1) In general.--In order to further the purposes of this 
    Act--
            ``(A) the Pueblo may enter into agreements to exchange 
        restricted lands for lands described in paragraph (2); and
            ``(B) any land exchange agreements between the Pueblo and 
        any of the parties to the action referred to in paragraph (2) 
        that are executed not later than December 31, 2001, shall be 
        deemed to be approved.
        ``(2) Lands.--The land described in this paragraph is the land, 
    title to which was at issue in Pueblo of Santo Domingo v. Rael 
    (Civil No. 83-1888 (D.N.M.)).
        ``(3) Land to be held in trust.--Upon the acquisition of lands 
    under paragraph (1), the Pueblo may convey such land to the 
    Secretary who shall accept and hold such lands in trust for the 
    benefit of the Pueblo.
        ``(4) Rule of construction.--Nothing in this subsection shall 
    be construed to limit the provisions of section 5(a) relating to 
    the extinguishment of the land claims of the Pueblo.
    ``(c) Approval of Certain Resolutions.--All agreements, 
transactions, and conveyances authorized by Resolutions 97-010 and C22-
99 as enacted by the Tribal Council of the Pueblo de Cochiti, and 
Resolution S.D. 12-99-36 as enacted by the Tribal Council of the Pueblo 
of Santo Domingo, pertaining to boundary disputes between the Pueblo de 
Cochiti and the Pueblo of Santo Domingo, are hereby approved, including 
the Pueblo de Cochiti's agreement to relinquish its claim to the 
southwest corner of its Spanish Land Grant, to the extent that such 
land overlaps with the Santo Domingo Pueblo Grant, and to disclaim any 
right to receive compensation from the United States or any other party 
with respect to such overlapping lands.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
[A]: Requires the Secretary, upon the receipt of a specified payment by KATY, to release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. Declares that by acceptance of such conveyance, KATY and its successors and assigns, will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (GTE), KATY, and any third party that is associated with such parcel, including liability for any buildings or personal property on it belonging to GTE and any other third parties. Requires all funds received pursuant to this Act to be deposited in the fund established under the Sisk Act, and to remain available to the Secretary for the acquisition of lands, waters, and interests in land for inclusion in the San Bernardino National Forest.
Amends a certain receipts Act to: (1) authorize the Secretary to acquire by purchase lands, real property or interests in lands within the boundaries of the San Bernardino, Cleveland, and Los Angeles National Forests California; (2) require such lands, real property or interests to be managed for National Forest System purposes; and (3) provide for a specified percentage of the monies otherwise payable to California for the benefit of San Bernardino County to be available to be appropriated for expenditure in furtherance of such Act.
(Sec. 2) Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 to: (1) eliminate the requirement that the Secretary of the Interior submit legal descriptions of the boundaries of the National Monument to the Senate Committee on Agriculture, Nutrition, and Forestry; and (2) allow the Secretaries of Agriculture and the Interior to enter into certain cooperative agreements and shared management arrangements with the Agua Caliente Band of Cahuilla Indians (currently with any person, including such Indians).
(Sec. 3) Amends the Santo Domingo Pueblo Claims Settlement Act of 2000 to direct the Secretary of the Interior to acquire by exchange specified New Mexico trust lands and interests, including improvements, mineral rights, and water rights.
Requires the Secretary to convey such lands to the Pueblo of Santo Domingo and grants the Pueblo the exclusive right to acquire such lands.
Permits the Pueblo to enter into agreements to exchange restricted lands for lands title to which was at issue in Pueblo of Santo Domingo v. Rael and deems to be approved any land exchange agreements between the Pueblo and any of the parties to such action that are executed not later than December 31, 2001.
Approves all agreements, transactions, and conveyances authorized by specified boundary dispute resolutions as enacted by the Tribal Council of the Pueblo de Cochiti and the Tribal Council of the Pueblo.


[Q]: SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``California Forest 
Ecosystems Health Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Ecosystem management plans for National Forest System lands in 
                            California.
Sec. 5. Process for full implementation of ecosystem management plans.
Sec. 6. Research and monitoring program.
Sec. 7. Miscellaneous requirements.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Although people have had an active part in the 
        development and maintenance of forest structure and the 
        condition of the National Forest System lands in the State of 
        California for many years, recent forest management policies 
        have often resulted in a degeneration of the forest structure 
        and a loss of forest health and vigor.
            (2) The Forest Service, through the judicious use of 
        ecosystem management, has an opportunity to reverse these 
        forest management policies and restore the health and vigor of 
        National Forest System lands in California.
            (3) Ecosystems are dynamic and in a state of constant 
        change, and it is not possible to preserve a given ecosystem 
        condition in a static state over a period of time.
            (4) The many and varied resources and uses of National 
        Forest System lands provide both tangible and intangible 
        benefits to the people of the United States.
            (5) Although management of National Forest System lands in 
        California has traditionally placed first priority on the need 
        to produce maximum volumes of timber, the other multiple forest 
        resources and services are equally important to the people of 
        California and the United States.
            (6) Ecosystem management must balance the needs of outdoor 
        recreation, range, timber, watershed, fish, and wildlife, as 
        required by the Multiple-Use Sustained-Yield Act of 1960 (16 
        U.S.C. 528 et seq.), as well as protect soil and air quality 
        and provide for forest research.
            (7) National Forest System lands in California include some 
        of the most unique forest ecosystems in the world, including 
        giant sequoias, coastal redwoods, and bristlecone pines.
            (8) Destructive forest fires classified by the Forest 
        Service as ``intense'' have occurred in unprecedented numbers 
        and size on the National Forest System lands in California in 
        recent years, and these fires pose a threat to the very health 
        of the forests and present a danger to human life and property.
            (9) The Forest Service, through the judicious use of 
        ecosystem management, has an opportunity to reduce the 
        likelihood that fires classified as ``intense'' will occur with 
        such frequency and, at the same time, to improve forest vigor 
        and visitor safety.
            (10) Ecosystem management that considers the needs of all 
        species and their ability to interact with the presence of 
        humans can integrate both the conservation needs of the many 
        species of the ecosystems and the multiple use activities of 
        humans.
            (11) Identification of sound management options is both a 
        biological issue and a social issue, and the resulting 
        management policies must be socially acceptable, ecologically 
        sustainable, scientifically sound, legally responsible, and 
        economically viable.
            (12) The results of management practices in local 
        ecosystems can have a profound effect on the levels of demand 
        for commodity outputs from other ecosystems around the world.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Adaptive management.--The term ``adaptive management'' 
        means the experimental and monitored application of 
        scientifically derived management decisions to gain knowledge 
        that is then used to improve subsequent management decisions.
            (2) Ecosystem.--The term ``ecosystem'' means a community of 
        organisms and its environment that functions as a unit.
            (3) Ecosystem management.--The term ``ecosystem 
        management'' means the integration of ecological, economic, and 
        social factors to meet the biological needs of all associated 
        organisms and human needs through diverse, healthy, and 
        productive ecosystems, addressing resource supply, 
        conservation, and demand as opposed to a strategy for managing 
        individual species.
            (4) Ecosystem management plans.--The terms ``ecosystem 
        management plans'' and ``plans'' mean the ecosystem management 
        plans for National Forest System lands in the State of 
        California required to be developed by section 4(a).
            (5) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (6) Seral stages.--The term ``seral stages'' means the 
        various age or life stages of a vegetative community as it 
        progresses from initial establishment toward a climax stage or 
        equilibrium.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) Stand.--The term ``stand'' means an area within a 
        forest where the trees have similar characteristics with 
        respect to species composition, size, condition, and age.
            (9) Vigor.--The term ``vigor'', with respect to forest 
        ecosystems, means the relative health of stands of trees and 
        related vegetation, including their actual growth rates as 
        compared with potential growth rates and their ability to 
        protect themselves naturally from forest pests, diseases, and 
        the effects of natural disaster.

SEC. 4. ECOSYSTEM MANAGEMENT PLANS FOR NATIONAL FOREST SYSTEM LANDS IN 
              CALIFORNIA.

    (a) Plans Required.--Notwithstanding the planning provisions of 
section 6 of the Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1604), the Secretary of Agriculture shall develop 
and implement ecosystem management plans pursuant to this Act to 
develop and demonstrate ecosystem management, including adaptive 
management techniques, for National Forest System lands described in 
subsection (b).
    (b) Federal Lands Covered by Plans.--The ecosystem management plans 
required by subsection (a) shall apply to all management units of the 
National Forest System located in the State of California. In the case 
of National Forest System lands in California that have been designated 
by law for special management before the date of the enactment of this 
Act, the Secretary shall incorporate into the ecosystem management 
plans applicable to those lands any statutory provisions that are in 
effect on such date and applicable to those lands.
    (c) Principles of Plans.--Ecosystem management plans shall embody 
the following principles:
            (1) Application of management techniques that will enhance 
        the health and vigor of the renewable natural resources on the 
        National Forest System lands covered by the plans and provide 
        for the continued protection of the soil, air, and water 
        resources of these lands.
            (2) Improvement of the forest ecosystems on these lands 
        toward desired forest conditions that--
                    (A) provide a mosaic of forest seral stages--
                            (i) representing a range of wildlife 
                        habitats necessary to meet the needs of the 
                        species indigenous to the ecosystem being 
                        managed; and
                            (ii) designed in such a way as to obviate 
                        the need for corridors or special management 
                        areas to meet the needs of given species or 
                        situations;
                    (B) minimize the danger of stand-destroying 
                uncontrolled wildfire;
                    (C) increase or maintain the health and vigor of 
                stands at a level that will permit the stands to resist 
                naturally, to the greatest degree practicable, insect 
                and disease attacks and the effects of other natural 
                disasters while incorporating the concern that some 
                level of dead-wood, both standing and down, is 
                desirable in healthy ecosystems;
                    (D) maintain the sustainable economic well-being 
                and stability of communities in areas dependent upon 
                national forest resources; and
                    (E) are developed, to the extent possible, with 
                consideration of the conditions that are known to have 
                existed on these lands or on similar lands before the 
                impacts of European settlement.
            (3) Concentration of management activities on the condition 
        of the renewable resources of an ecosystem rather than on 
        producing targeted outputs, with projected outputs based upon 
        attainment of specific stand conditions.
            (4) Emphasis on tangible management results rather than on 
        procedural standards and guidelines, but with development of 
        scientifically credible monitoring standards and guidelines to 
        assess both short- and long-term management results.
            (5) Except for any statutory provisions incorporated under 
        subsection (b) with respect to specific lands, prohibition on 
        requiring the allocation or categorization of tracts of land 
        for specific preselected ecosystem management emphases.
            (6) Consideration of the habitat needs of all species 
        across a broad landscape using management indicator species 
        whose presence will reflect a suitable amount and distribution 
        of particular habitat elements, rather than concentrating on 
        the needs of single species in a limited area.
            (7) Application across the entire unreserved land base in 
        such a manner as to harmonize the various multiple uses.
            (8) Incorporation of maximum flexibility in resource 
        decisionmaking through the use of adaptive management.
    (d) Management to Promote Desired Forest Conditions.--
            (1) In general.--Ecosystem management under the ecosystem 
        management plans shall be planned and practiced in a manner 
        that--
                    (A) considers the entire landscape in a management 
                unit of the National Forest System covered by a plan; 
                and
                    (B) benefits, to the extent practicable, all 
                renewable resources and the human resource in or 
                dependent upon the management unit.
            (2) Individual projects.--Individual management projects in 
        a management unit of the National Forest System covered by the 
        ecosystem management plans shall be designed to provide 
        multiresource benefits, promote the desired forest conditions 
        described in subsection (c)(2), and achieve maximum project 
        operating efficiency.
    (e) Selection of Acres for Ecosystem Management Activities.--
            (1) Minimum acres.--Ecosystem management plans shall 
        specify the minimum number of acres on which ecosystem 
        management activities will be applied annually in any 
        management unit of the National Forest System covered by the 
        plans. Such acreage shall be determined on the basis of the 
        total number of acres in the management unit, the work to be 
        performed across the unit as a whole during the plan period, 
        and the pro rata annual acreage on which ecosystem management 
        activities must be applied in order to establish and maintain 
        the desired forest condition during the specified plan period.
            (2) Effect of natural disasters.--In case of natural 
        disasters, such as wildfire, flood, windthrow, insect or 
        disease attack, a revision of the schedule of acres to be 
        treated may be granted by the Secretary in order to conduct 
        restoration and rehabilitation activities on the acres affected 
        by the natural disaster.
    (f) Participation in Development.--To ensure that the ecosystem 
management plans are economically, scientifically, and socially 
acceptable, the Secretary shall develop the plans through the use of 
public involvement programs that emphasize input from residents of 
local communities to be affected by the plans. The Secretary shall 
continue to consult with all interested persons in evaluating or 
modifying the plans.

SEC. 5. PROCESS FOR FULL IMPLEMENTATION OF ECOSYSTEM MANAGEMENT PLANS.

    (a) Implementation.--Beginning not later than January 1, 1995, the 
Secretary shall begin to implement the ecosystem management plans. The 
Secretary shall develop and implement the plans progressively over a 
five-year period to ensure full application of all plans not later than 
January 1, 2000, to all National Forest System lands described in 
section 4(b). Upon implementation of an ecosystem management plan for 
any portion of the lands described in such section, the plan shall 
replace and supersede any land and resource management plan (or portion 
of such a plan) then in effect for such lands.
    (b) Yearly Expansion.--During each year of the period specified in 
subsection (a), the Secretary shall expand application of the ecosystem 
management plans to contiguous areas required to be covered by such 
plans, as described in section 4(b). To the extent the Secretary 
considers it to be necessary, the Secretary may modify the ecosystem 
management plans for each new addition in order to incorporate the 
lessons gained from experience. Adaptive management shall be used to 
evaluate management decisions and to develop new information to be used 
to keep the plans and subsequent management decisions up-to-date.
    (c) Modification of Ecosystem Management Plans.--The Secretary 
shall modify the ecosystem management plans to incorporate findings 
from research, adaptive management projects, or monitoring to the 
extent such findings indicate changes in the plans are necessary or 
appropriate to achieve the principles described in section 4(c). Before 
the end of the first two years of the period specified in subsection 
(a), the Secretary shall issue regulations that set forth the process 
to be used for any modification of the ecosystem management plans.
    (d) Consistency.--Resource plans and permits and other instruments 
for the use and occupancy of National Forest System lands covered by an 
ecosystem management plan that are executed subsequent to the 
implementation date of the plan with respect to such lands shall be 
consistent with the plan. If the ecosystem management plan is modified, 
resource plans and permits and other instruments that are executed 
subsequent to the date of the modification shall be consistent with the 
modified plan. Appropriate supplemental documents under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be 
prepared for those resource plans and permits, contracts, and other 
instruments in existence upon adoption of the ecosystem management plan 
or any modification of the plan. Any revisions in existing resource 
plans and permits, contracts, and other instruments shall be consistent 
with the supplemental document findings and subject to the agreement of 
all contractual parties. Any revision in present or future permits, 
contracts, and other instruments made pursuant to this subsection shall 
be subject to valid existing rights.

SEC. 6. RESEARCH AND MONITORING PROGRAM.

    The Secretary shall describe in detail in the ecosystem management 
plans and implement as part of the plans a targeted program of research 
and monitoring aimed at measuring the effects of the management regimes 
adopted under the plans. The Secretary shall ensure that monitoring is 
sufficient to measure the responses of the various resources to 
management practices and to provide a basis for adjustments of 
subsequent management decisions.

SEC. 7. MISCELLANEOUS REQUIREMENTS.

    (a) Increased Use of Certified Professional Practitioners.--With 
respect to National Forest System lands covered by the ecosystem 
management plans, the Secretary shall endeavor to increase the amount 
of field work to be done by professional practitioners certified by the 
Forest Service.
    (b) Accountability Procedures.--The Secretary shall develop 
accountability procedures to annually measure and inform the Congress 
concerning the work (as described in section 4(e)) achieved through the 
use of funds appropriated each year for National Forest System lands 
covered by the ecosystem management plans. The selection of acres upon 
which such work will be performed shall be controlled through the 
planning process. The accountability procedures required by this 
subsection shall be established and in operation before the end of the 
first two years of the period specified in section 5(a) and shall be 
designed to ensure the accomplishment of the work in accordance with 
plan direction.
    (c) Budgetary Considerations.--The Secretary shall develop budgets 
for each management unit of the National Forest System covered by 
ecosystem management plans on the basis of estimated benefits to the 
various resources affected by the ecosystem management activities, and 
such budgets will be justified on such basis. The Secretary shall 
provide the managers of these units the flexibility to accomplish over-
all objectives within over-all budgets in lieu of requiring and 
preparing detailed line-item budgets for each unit of work, except that 
accountability procedures developed under subsection (b) shall include 
requirements for detailed explanations of expenditures and estimates of 
benefits for each resource.
[A]: California Forest Ecosystems Health Act - Directs the Secretary of Agriculture to develop and implement ecosystem management plans for National Forest System lands in California.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Fairness Act of 1997''.

SEC. 2. DISCRIMINATION PROHIBITED.

    A covered entity shall not subject an individual to different 
standards or treatment on any basis other than factors pertaining to 
job performance in connection with employment or employment 
opportunities, or beginning on the 91st day of employment following 
hire or rehire, the compensation, terms conditions, or privileges of 
employment.

SEC. 3. QUOTAS PROHIBITED.

    A covered entity shall not adopt or implement a quota pursuant to 
this Act on any basis other than factors pertaining to job performance.

SEC. 4. RELIGIOUS EXEMPTION.

    (a) In General.--Except as provided in subsection (b), this Act 
shall not apply to religious organizations.
    (b) For-Profit Activities.--This Act shall apply with respect to 
employment and employment opportunities that relate to any employment 
position that pertains solely to a religious organization's for-profit 
activities subject to taxation under section 511(a) of the Internal 
Revenue Code of 1986.

SEC. 5. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and 
enforcement of this Act in the case of a claim alleged by an individual 
for a violation of this Act--
            (1) the Commission shall have the same powers as the 
        Commission has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government 
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and 
                1204),
        in the case of a claim alleged by such individual for a 
        violation of such title or of section 302(a)(1) of such Act, 
        respectively,
            (2) the Librarian of Congress shall have the same powers as 
        the Librarian of Congress has to administer and enforce title 
        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
        in the case of a claim alleged by such individual for a 
        violation of such title,
            (3) the Board (as defined in section 101 of the 
        Congressional Accountability Act of 1995 (Public Law 104-1; 109 
        Stat. 3) shall have the same powers as the Board has to 
        administer and enforce the Congressional Accountability Act of 
        1995 in the case of a claim alleged by such individual for a 
        violation of section 201(a)(1) of such Act.
            (4) the Attorney General of the United States shall have 
        the same powers as the Attorney General has to administer and 
        enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government 
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 
                1204),
        in the case of a claim alleged by such individual for a 
        violation of such title or of section 302(a)(1) of such Act, 
        respectively, and
            (5) the courts of the United States shall have the same 
        jurisdiction and powers as such courts have to enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.) in the case of a claim alleged by 
                such individual for a violation of such title,
                    (B) sections 302, 303, and 304 of the Government 
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) 
                in the case of a claim alleged by such individual for a 
                violation of section 302(a)(1) of such Act, and
                    (C) the Congressional Accountability Act of 1995 
                (Public Law 104-1; 109 Stat. 3) in the case of a claim 
                alleged by such individual for a violation of section 
                201(a)(1) of such Act.
    (b) Procedures and Remedies.--The procedures and remedies 
applicable to a claim alleged by an individual for a violation of this 
Act are--
            (1) the procedures and remedies applicable for a violation 
        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
        et seq.) in the case of a claim alleged by such individual for 
        a violation of such title,
            (2) the procedures and remedies applicable for a violation 
        of section 302(a)(1) of the Government Employee Rights Act of 
        1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by 
        such individual for a violation of such section, and
            (3) the procedures and remedies applicable for a violation 
        of section 201(a)(1) of Congressional Accountability Act of 
        1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim 
        alleged by such individual for a violation of such section.
    (c) Other Applicable Provisions.--With respect to claims alleged by 
covered employees (as defined in section 101 of the Congressional 
Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for 
violations of this Act, title III of the Congressional Accountability 
Act of 1995 shall apply in the same manner as such title applies with 
respect to a claims alleged by such covered employees for violations of 
section 201(a)(1) of such Act.

SEC. 7. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the eleventh 
article of amendment to the Constitution of the United States from an 
action in a Federal court of competent jurisdiction for a violation of 
this Act. In an action against a State for a violation of this Act, 
remedies (including remedies at law and in equity) are available for 
the violation to the same extent as such remedies are available in an 
action against any public or private entity other than a State.
    (b) Liability of the United States.--The United States shall be 
liable for all remedies (excluding punitive damages) under this Act to 
the same extent as a private person and shall be liable to the same 
extent as a nonpublic party for interest to compensate for delay in 
payment.

SEC. 8. ATTORNEYS' FEES.

    In any action or administrative proceeding commenced pursuant to 
this Act, the court or the Commission, in its discretion, may allow the 
prevailing party, other than the United States, a reasonable attorney's 
fee, including expert fees and other litigation expenses, and costs. 
The United States shall be liable for the foregoing the same as a 
private person.

SEC. 9. POSTING NOTICES.

    A covered entity shall post notices for employees, and for 
applicants for employment, describing the applicable provisions of this 
Act in the manner prescribed by, and subject to the penalty provided 
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).

SEC. 10. REGULATIONS.

    The Commission shall have authority to issue regulations to carry 
out this Act.

SEC. 11. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or 
procedures available to an individual under title VII of the Civil 
Rights Act of 1964, or any other Federal law or any law of a State or 
political subdivision of a State.

SEC. 12. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held to be invalid, the remainder of 
this Act and the application of such provision to other persons or 
circumstances shall not be affected thereby.

SEC. 13. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment 
of this Act and shall not apply to conduct occurring before such 
effective date.

SEC. 14. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Equal Employment 
        Opportunity Commission.
            (2) The term ``covered entity'' means an employer, 
        employment agency, labor organization, joint labor management 
        committee, an entity to which section 717(a) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing 
        authority to which section 302(a)(1) of the Government Employee 
        Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an 
        employing authority to which section 201(a) of the 
        Congressional Accountability Act of 1995 (Public Law 104-1; 109 
        Stat. 3) applies.
            (3) The term ``employer'' has the meaning given such term 
        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(b)), except that a reference in such section to employees 
        shall be deemed for purposes of this Act to be a reference to 
        full-time employees.
            (4) The term ``employment agency'' has the meaning given 
        such term in section 701(c) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e(c)).
            (5) The term ``employment or employment opportunities'' 
        includes job application procedures, hiring, advancement, 
        discharge, compensation, job training, or any other term, 
        condition, or privilege of employment.
            (6) The term ``labor organization'' has the meaning given 
        such term in section 701(d) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e(d)).
            (7) The term ``person'' has the meaning given such term in 
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(a)).
            (8) The term ``factors pertaining to job performance'' 
        means--
                    (A) employment history, including referrals from 
                previous employers,
                    (B) ability and willingness to comply with the 
                performance requirements (including attendance and 
                procedures) of the particular employment involved,
                    (C) educational background,
                    (D) any use of a drug or of alcohol, that may 
                adversely affect job performance,
                    (E) any conviction of an offense for which a term 
                of imprisonment exceeding 1 year could have been 
                imposed,
                    (F) any conflict of interest relating to the 
                particular employment involved,
                    (G) seniority recognized under an applicable bona 
                fide seniority system,
                    (H) ability to work well with others (cooperation 
                and teamwork), and
                    (I) insubordination.
            (9) The term ``religious organization'' means--
                    (A) a religious corporation, association, or 
                society, or
                    (B) a college, school, university, or other 
                educational institution, not otherwise a religious 
                organization, if--
                            (i) it is in whole or substantial part 
                        controlled, managed, owned, or supported by a 
                        religious corporation, association, or society, 
                        or
                            (ii) its curriculum is directed toward the 
                        propagation of a particular religion.
            (10) The term ``State'' has the meaning given such term in 
        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(i)).
[A]:
Workplace Fairness Act of 1997 - Prohibits employment discrimination on any basis other than job performance by covered entities, including entities covered under specified employment discrimination prohibitions of the Civil Rights Act of 1964, as well as employing authorities to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply.  Grants specified powers to administer and enforce this Act to the Equal Employment Opportunity Commission, the Librarian of Congress, the Board of Directors of the Office of Compliance (for the Congress), the Attorney General, and Federal courts. 
Prohibits quotas.  Declares that this Act does not apply to religious organizations (except in their for-profit activities).  Disallows State immunity.  Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person.  Allows recovery of attorney's fees.  Requires posting notices for employees and applicants.  Sets forth factors that pertain to job performance, including:  (1) ability and willingness to comply with performance requirements (including attendance and procedures); (2) any use of a drug or of alcohol that may adversely affect job performance; (3) any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed; and (4) the ability to work well with others.