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

Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quality Assurance in Drug Testing 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) drug abuse in the workplace is a serious national 
        problem, and
            (2) drug testing can be an effective deterrent to drug 
        abuse when administered in a manner that provides for quality 
        assurance.

SEC. 3. QUALITY ASSURANCE IN DRUG TESTING.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following new title:

            ``TITLE XXVII--QUALITY ASSURANCE IN DRUG TESTING

``SEC. 2701. LABORATORY CERTIFICATION STANDARDS.

    ``(a) Prohibition.--No individual may perform a toxicological 
analysis in connection with any drug testing program that is subject to 
this title unless such analysis is conducted in a laboratory certified 
under subsection (b).
    ``(b) Certification.--Not later than 1 year after the date of 
enactment of this title, the Secretary shall establish a program for 
certifying laboratories that meet standards for performing--
            ``(1) drug screening tests,
            ``(2) drug confirmatory tests, and
            ``(3) both drug screening and confirmatory tests.
    ``(c) Criteria.--In establishing standards for certification under 
subsection (b), the Secretary shall use criteria that will maximize the 
predictive value of the testing scheme and that take into consideration 
the practices, procedures, and experience of drug testing programs 
which the Secretary determines are conducted in accordance with 
appropriate standards and procedures.
    ``(d) Periodic Review.--At least once each year, the Secretary 
shall review, and where appropriate revise, the certification criteria 
established under subsection (b), taking into consideration the 
relevant scientific technical advances in the area of drug testing and 
revisions needed to reflect employer zero-drug tolerance practices.

``SEC. 2702. ANTI-DRUG ABUSE POLICY.

    ``(a) Written Policy.--As a condition of implementing or 
maintaining a drug testing program, an employer shall establish a 
written anti-drug abuse policy that shall contain, at a minimum, an 
explanation concerning the--
            ``(1) circumstances under which a drug test will be 
        administered, the procedures for notifying an employee of a 
        confirmed positive result, and a statement the policy will be 
        administered in a consistent and nondiscriminatory manner 
        without regard to whether the employee is employed in a 
        management or hourly capacity,
            ``(2) safeguards established for protecting the privacy of 
        individuals who are subject to testing, including chain custody 
        procedures and the limitations on disclosure of the results of 
        drug tests,
            ``(3) availability of any drug abuse treatment program,
            ``(4) penalties that may be imposed for a violation of the 
        anti-drug policy of the employer, and
            ``(5) procedures under which an applicant or employee shall 
        be given a reasonable opportunity to explain a confirmed 
        positive test result.
    ``(b) Notice.--An employer shall make a reasonable effort to 
provide notice of the written anti-drug abuse policy to applicants and 
employees subject to testing using whatever methods the employer 
determines to be appropriate.

``SEC. 2703. DRUG-FREE AWARENESS PROGRAM.

    ``In order for an employer to be permitted to implement or maintain 
a drug testing program, such employer shall establish, as part of such 
drug testing program, a drug-free awareness program designed to inform 
its employees concerning--
            ``(1) the dangers of drug abuse, both inside and outside of 
        the workplace,
            ``(2) the policy of the employer of maintaining a drug-free 
        workplace,
            ``(3) information as to the existence and availability of 
        counseling, employee assistance, rehabilitation, and other drug 
        abuse treatment programs of which the employer is aware, and
            ``(4) the penalties that may be imposed on applicants and 
        employees who test positive for the use of a drug, and for the 
        manufacture, distribution, dispensation, possession, or use of 
        a drug in the workplace of the employer.

``SEC. 2704. STANDARDS FOR DRUG TESTING.

    ``(a) Applicants.--Nothing in this title shall be construed to 
prohibit an employer from requiring, as a condition of employment, that 
an applicant submit to and pass a drug test based on criteria 
established by the employer that is designed to achieve a drug-free 
workplace. Refusal by an applicant to submit to such a test may be 
treated in the same manner as a failure to pass a drug test.
    ``(b) Employees.--Nothing in this title shall be construed to 
prohibit an employer from requiring an employee to submit to and pass a 
drug test--
            ``(1) where the employer has reasonable suspicion to 
        believe that the employee is using or under the influence of a 
        drug,
            ``(2) where such test is administered as part of a 
        scheduled medical examination,
            ``(3) in the case of an accident or incident involving the 
        actual or potential loss of human life, serious bodily injury, 
        or significant property damage,
            ``(4) during and for a reasonable period of time (not to 
        exceed 5 years) after the completion of a drug abuse treatment 
        program, or
            ``(5) in the case of sensitive employee positions, work 
        units, locations, or facilities where drug abuse has been 
        identified as a problem, on a random basis.
    ``(c) Definition.--As used in this title, the term `random' means 
the selection of individuals for testing based on a nondiscriminatory 
impartial methods so that no employee is harassed or treated 
differently from other employees in similar circumstances.

``SEC. 2505. EMPLOYEE PROTECTIONS.

    ``(a) Prohibitions.--In the case of an applicant or employee, it 
shall be a violation of this title--
            ``(1) for an employer to fail to make reasonable efforts to 
        inform the applicant or employee as to the drug testing policy 
        of the employee,
            ``(2) for an employer to take any adverse action based on 
        the unconfirmed positive results of a drug test, except as 
        provided in subsection (c),
            ``(3) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to be informed of a confirmed positive 
        drug test result, and
            ``(4) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to explain the results of a confirmed 
        positive test result.
    ``(b) Antiretaliation Prohibition.--It shall be a violation of this 
title for an employer to take retaliatory action against an employee 
because of the exercise by the employee of any right granted or 
protected under this title.
    ``(c) Exception for Sensitive Employees.--Pending the receipt of 
the results of a confirmatory drug test, an employer may transfer or 
reassign an employee in a sensitive position to another area or 
position without any loss in compensation to such employee if the 
initial drug test result is positive. If a confirmatory test of such 
employee is negative, such employee shall be entitled to immediate 
reinstatement to the position from which such employee has been 
transferred or reassigned.

``SEC. 2706. CONFIDENTIALITY.

    ``(a) In General.--An individual, other than the applicant or 
employee who is the subject of a drug test, shall not disclose 
information obtained as a result of a drug test, except as provided in 
subsection (b).
    ``(b) Permitted Disclosures.--An employer, or individual conducting 
a drug test on behalf of an employer, may disclose information acquired 
from a drug test only to--
            ``(1) the applicant or employee taking such drug test or 
        any other individual specifically designated in writing by such 
        applicant or employee taking such drug test,
            ``(2) the employer, including the designated representative 
        of such employer, that requested such test,
            ``(3) any court, governmental agency, arbitrator, or 
        mediator, in accordance with Federal or State law, and
            ``(4) appropriate drug abuse treatment providers.

``SEC. 2707. EMPLOYER PRACTICES.

    ``(a) Safe Workplace.--Nothing in this title shall be construed to 
prohibit an employer from taking action necessary to ensure a safe 
workplace.
    ``(b) Drug-Free Workplace.--Nothing in this title shall be 
construed to prohibit an employer from taking action necessary, up to 
and including termination, in the case of applicant or employee--
            ``(1) whose drug test result is confirmed positive,
            ``(2) who refuses to take a drug test authorized under this 
        title, or
            ``(3) who tampers with or adulterates a drug testing 
        specimen.
    ``(c) Participation in Drug Abuse Treatment Program.--Nothing in 
this title shall be construed to prohibit an employer from requiring an 
employee to participate in, and satisfactorily complete, a drug 
treatment program as a condition of continued employment where the 
employee has tested confirmed positive for drugs, has refused to submit 
to a drug test, or has tampered with or adulterated a drug test 
specimen.
    ``(d) Sensitive Position.--Nothing in this title shall be construed 
to prohibit an employer from refusing to place an employee in, or 
reinstate such employee, to a sensitive position if such employee has 
tested confirmed positive for drug use.

``SEC. 2708. DRUG ABUSE TREATMENT PROGRAMS.

    ``As part of the drug-free awareness program established pursuant 
to section 2703, employers shall provide information to employees 
concerning the existence and availability of public and private drug 
counseling, employee assistance, rehabilitation, and other drug abuse 
treatment programs of which the employer is aware.

``SEC. 2709. REGULATIONS.

    ``Not later than 1 year after the date of enactment of this title, 
the Secretary shall--
            ``(1) establish a program for the certification of 
        laboratories for the performance of toxicological urinalysis 
        conducted for drug testing programs as described in this title, 
        and
            ``(2) issue such other rules and regulations as may be 
        necessary or appropriate to carry out this title.

``SEC. 2710. ENFORCEMENT AND RELIEF.

    ``(a) Laboratory Certification Standards.--The certification 
program established pursuant to section 2701(b) shall be enforced in 
accordance with the procedures and sanctions contained in subsections 
(g), (h), (i), (j), (k), and (l) of section 353.
    ``(b) Employee Complaints Charging Unlawful Discharge or 
Discrimination; Investigation Order.--
            ``(1) Complaint.--An employee who believes that such 
        employee has been charged or otherwise discriminated against by 
        an employer in violation of this title may, not later than 30 
        days after such action occurs, file (or have any individual 
        file on behalf of such employee) a complaint with the Secretary 
        of Labor (hereinafter referred to in this subsection as the 
        `Secretary') alleging that such discharge or discrimination 
        violates this title. On receipt of such complaint, the 
        Secretary shall notify the individual named in the complaint of 
        such filing.
            ``(2) Investigation and order.--
                    ``(A) Investigation.--On receipt of a complaint 
                filed under paragraph (1), the Secretary shall conduct 
                an investigation of the violation alleged in such 
                complaint. Not later than 30 days after the receipt of 
                such complaint, the Secretary shall complete such 
                investigation and shall notify in writing the employer 
                (and any individual acting on behalf of the employer) 
                as to the results of such investigation.
                    ``(B) Order.--Not later than 30 days after the 
                completion of such investigation, the Secretary shall, 
                unless the proceeding on the complaint is terminated by 
                the Secretary on the basis of a settlement entered into 
                by the Secretary and the employer alleged to have 
                committed such violation, issue an order either 
                providing the relief prescribed in this section or 
                denying the complaint. An order of the Secretary issued 
                under this subparagraph shall be made on the record 
                after notice and opportunity for public hearing.
            ``(3) Relief.--If, in response to a complaint filed under 
        paragraph (1), the Secretary determines that a violation of 
        this title has occurred, the Secretary shall order the employer 
        who committed such violation to provide such suitable relief as 
        the Secretary determines appropriate, including reinstatement, 
        promotion, and the payment of lost wages and benefits.
            ``(4) Review or order.--An employee or employer adversely 
        affected or aggrieved by an order issued under paragraph (2) 
        may obtain review of such order in the United States Court of 
        Appeals for the circuit in which the violation, with respect to 
        which the order was issued, allegedly occurred. The petition 
        for review shall be filed not later than 60 days after the 
        issuance of the order of the Secretary under paragraph (2). 
        Review by the Court of Appeals shall conform to chapter 7 of 
        Title 5, United States Code.
            ``(5) Failure to comply.--If an employee or employer fails 
        to comply with an order issued under paragraph (2), the 
        Secretary may file a civil action in the United States court 
        for the district in which the violation was found to occur to 
        enforce such order. Such court, in issuing any final order 
        under this subsection, may award the costs of litigation 
        (including reasonable attorney and expert witness fees) to the 
        prevailing party.
    ``(c) Affirmative Defense.--The good faith compliance of an 
employer with the standards and procedures established under this title 
shall constitute an affirmative defense against any complaint filed 
under subsection (b).
    ``(d) Construction.--Nothing in this title shall be construed to 
require an employer to establish a drug testing program for applicants 
or employees or make employment decisions based on such test results.

``SEC. 2711. EFFECT ON OTHER LAWS.

    ``(a) State Law.--This title shall preempt any State or local law, 
rule, regulation, order or standard that applies to the drug testing of 
an applicant or employee, or that relates to any matter addressed under 
this title. No State or local government shall adopt or enforce any 
law, rule, regulation, ordinance, standard or order relating to--
            ``(1) the certification of laboratories that perform drug 
        testing analysis with respect to such analysis,
            ``(2) requirements for the conduct of drug testing under 
        the certification program established under this title,
            ``(3) the conducting of employee or applicant drug testing 
        programs, or
            ``(4) any other matter relating to this title.
    ``(b) Other Federal Laws.--Nothing in this title shall be construed 
to prohibit the Secretary of Transportation or the Nuclear Regulatory 
Commission from issuing regulations with respect to drug and alcohol 
testing.

``SEC. 2712. EFFECTIVE DATE.

    ``This title shall become effective 2 years after the date of 
enactment of this title, except that the prohibition contained in 
section 2701(a) shall not take effect less than 1 year after 
establishment of the certification program required under section 
2701(b).

``SEC. 2713. DEFINITIONS.

    ``As used in this title:
            ``(1) Applicant.--The term `applicant' means any individual 
        who has submitted an application to an employer, whether 
        written or oral, for employment with such employer.
            ``(2) Drug.--The term `drug' means any controlled substance 
        listed in Scheduled I through V of section 202 of the 
        Controlled Substances Act (21 U.S.C. 812), alcohol, steroids, 
        and any other drug or medication that can interfere with 
        employment performance.
            ``(3) Drug abuse treatment program.--The term `drug abuse 
        treatment program' means a program, such as an employee 
        assistance program, designed to assist an individual in dealing 
        with problems caused by drug abuse.
            ``(4) Drug test.--The term `drug test' means any test 
        procedure used to take and analyze blood, breath, hair, urine 
        or other body fluids or materials for the purpose of detecting 
        the presence or absence of a drug or its metabolites.
            ``(5) Employee.--The term `employee' means an individual 
        employed by an employer.
    ``(f) Employer.--The term `employer' means an individual, 
partnership, corporation, association, or other entity (including the 
Federal Government), that employs one or more employees, and that is 
engaged in an industry affecting commerce.
    ``(g) Sensitive Employee.--The term `sensitive employee' means an 
individual employed in a position whose duties, as defined by the 
employer, involve responsibilities affecting such matters as national 
security, health, or safety, environment, or other responsibilities 
requiring a high degree of trust and confidence.

``SEC. 2714. PROFESSIONAL ATHLETES.

    ``For purposes of this title, professional athletes may be treated 
in the same manner as employees who meet the definition of section 
2714(g), except that professional athletes shall not be covered by 
section 2706(a).''.

Ex Output:
Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act.  Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests. 
Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. 
Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. 
Sets forth certain employee protections. 
Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances. 
Sets forth procedures for employee complaints of unlawful discharge or discrimination.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Children's Safety 
Act''.

SEC. 2. CHARACTER INVESTIGATIONS.

    Section 408 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the 
following:
    ``(d) By Tribal Social Services Agency for Foster Care Placements 
in Tribal Court Proceedings.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered individual.--The term `covered 
                individual' includes--
                            ``(i) any individual 18 years of age or 
                        older; and
                            ``(ii) any individual who an Indian tribe 
                        described in paragraph (2)(A) determines is 
                        subject to a character investigation under that 
                        paragraph.
                    ``(B) Foster care placement.--The term `foster care 
                placement' means any action removing an Indian child 
                from a parent or Indian custodian for temporary 
                placement in a foster home or institution or the home 
                of a guardian or conservator if--
                            ``(i) the parent or Indian custodian cannot 
                        have the child returned on demand; and
                            ``(ii) parental rights have not been 
                        terminated.
                    ``(C) Indian custodian.--The term `Indian 
                custodian' means any Indian--
                            ``(i) who has legal custody of an Indian 
                        child under tribal law or custom or under State 
                        law; or
                            ``(ii) to whom temporary physical care, 
                        custody, and control has been transferred by 
                        the parent of the child.
                    ``(D) Parent.--The term `parent' means--
                            ``(i) any biological parent of an Indian 
                        child; or
                            ``(ii) any Indian who has lawfully adopted 
                        an Indian child, including adoptions under 
                        tribal law or custom.
                    ``(E) Tribal court.--The term `tribal court' means 
                a court--
                            ``(i) with jurisdiction over foster care 
                        placements; and
                            ``(ii) that is--
                                    ``(I) a Court of Indian Offenses;
                                    ``(II) a court established and 
                                operated under the code or custom of an 
                                Indian tribe; or
                                    ``(III) any other administrative 
                                body of a tribe that is vested with 
                                authority over foster care placements.
                    ``(F) Tribal social services agency.--The term 
                `tribal social services agency' means the agency of the 
                Federal Government or of an Indian tribe described in 
                paragraph (2)(A) that has the primary responsibility 
                for carrying out foster care services (as of the date 
                on which the proceeding described in paragraph (2)(A) 
                commences) on the Indian reservation of the Indian 
                tribe.
            ``(2) Character investigations before placement.--
                    ``(A) In general.--Except as provided in paragraph 
                (3), no foster care placement shall be ordered in any 
                proceeding over which an Indian tribe has exclusive 
                jurisdiction until the tribal social services agency--
                            ``(i) completes an investigation of the 
                        character of each covered individual who 
                        resides in the household or is employed at the 
                        institution in which the foster care placement 
                        will be made; and
                            ``(ii) concludes that each covered 
                        individual described in clause (i) meets such 
                        standards of character as the Indian tribe 
                        shall establish in accordance with subparagraph 
                        (B).
                    ``(B) Standards of character.--The standards of 
                character described in subparagraph (A)(ii) shall 
                include--
                            ``(i) requirements that each tribal social 
                        services agency described in subparagraph (A)--
                                    ``(I) perform criminal records 
                                checks, including fingerprint-based 
                                checks of national crime information 
                                databases (as defined in section 
                                534(f)(3) of title 28, United States 
                                Code); and
                                    ``(II) check any child abuse and 
                                neglect registry maintained by the 
                                State in which the covered individual 
                                resides for information on the covered 
                                individual, and request any other State 
                                in which the covered individual resided 
                                in the preceding 5 years, to enable the 
                                tribal social services agency to check 
                                any child abuse and neglect registry 
                                maintained by that State for such 
                                information; and
                            ``(ii) any other additional requirement 
                        that the Indian tribe determines is necessary.
                    ``(C) Results.--Except as provided in paragraph 
                (3), no foster care placement shall be ordered in any 
                proceeding described in subparagraph (A) if an 
                investigation described in clause (i) of that 
                subparagraph reveals that a covered individual 
                described in that clause--
                            ``(i) has been found by a Federal, State, 
                        or tribal court to have committed any crime 
                        listed in clause (i) or (ii) of section 
                        471(a)(20)(A) of the Social Security Act (42 
                        U.S.C. 671(a)(20)(A)); or
                            ``(ii) is listed on a registry described in 
                        subparagraph (B)(i)(II).
                    ``(D) Deadline.--Except as provided in paragraph 
                (3), the tribal social services agency shall satisfy 
                the requirements of clauses (i) and (ii) of 
                subparagraph (A) not later than 14 days after the date 
                on which the proceeding described in subparagraph (A) 
                commences.
            ``(3) Emergency placement.--Paragraph (2) shall not apply 
        to an emergency foster care placement, as determined by an 
        Indian tribe described in paragraph (2)(A).
            ``(4) Recertification of foster homes or institutions.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, each Indian 
                tribe shall establish procedures to recertify homes or 
                institutions in which foster care placements are made.
                    ``(B) Contents.--The procedures described in 
                subparagraph (A) shall include, at a minimum, periodic 
                intervals at which the home or institution shall be 
                subject to recertification to ensure--
                            ``(i) the safety of the home or institution 
                        for the Indian child; and
                            ``(ii) that each covered individual who 
                        resides in the home or is employed at the 
                        institution is subject to a character 
                        investigation in accordance with this 
                        subsection, including any covered individual 
                        who--
                                    ``(I) resides in the home or is 
                                employed at the institution on the date 
                                on which the procedures established 
                                under subparagraph (A) commences; and
                                    ``(II) did not reside in the home 
                                or was not employed at the institution 
                                on the date on which the investigation 
                                described in paragraph (2)(A)(i) was 
                                completed.
                    ``(C) Regulations promulgated or guidance issued by 
                the secretary.--The procedures established under 
                subparagraph (A) shall be subject to any regulation 
                promulgated or guidance issued by the Secretary that is 
                in accordance with the purpose of this subsection.
            ``(5) Regulations.--Not later than 180 days after the date 
        of enactment of this subsection and after consultation with 
        Indian tribes, the Secretary shall promulgate a regulation 
        regarding--
                    ``(A) procedures for a character investigation of 
                any covered individual who--
                            ``(i) resides in the home or is employed at 
                        the institution in which the foster care 
                        placement is made after the date on which the 
                        investigation described in paragraph (2)(A)(i) 
                        is completed; and
                            ``(ii) was not the subject of an 
                        investigation described in paragraph (2)(A)(i) 
                        before the foster care placement was made;
                    ``(B) self-reporting requirements for foster care 
                homes or institutions in which any covered individual 
                described in subparagraph (A) resides if the head of 
                the household or the operator of the institution has 
                knowledge that the covered individual--
                            ``(i) has been found by a Federal, State, 
                        or tribal court to have committed any crime 
                        listed in clause (i) or (ii) of section 
                        471(a)(20)(A) of the Social Security Act (42 
                        U.S.C. 671(a)(20)(A)); or
                            ``(ii) is listed on a registry described in 
                        paragraph (2)(B)(i)(II);
                    ``(C) procedures and guidelines for emergency 
                foster care placements under paragraph (3); and
                    ``(D) procedures for certifying compliance with 
                this Act.''.

Ex Output:
Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit any foster care placement over which an Indian tribe has exclusive jurisdiction from being ordered until the tribal social services agency: (1) completes an investigation of the character of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards of character the tribe is required to establish.  Defines a &quot;covered individual&quot; as an adult and any other individual the tribe determines is subject to such character investigation. Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry. Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual: (1) has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs; or (2) is listed on a child abuse and neglect registry in the state where the individual resides or resided within the preceding five years. Excepts emergency foster care placements from such requirements. Requires each Indian tribe to establish procedures to recertify homes or institutions in which foster care placements are made. Directs the Secretary of the Interior to promulgate a regulation establishing: (1) procedures for investigating the character of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the character investigation, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Los Padres National Forest Land 
Exchange Act of 2005''.

SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA.

    (a) Exchange Required.--If the United Water Conservation District 
of California (in this section referred to as the ``District'') conveys 
to the Secretary of Agriculture all right, title, and interest of the 
District in and to the lands described in subsection (b), the Secretary 
shall convey to the District, in exchange for such lands, all right, 
title, and interest of the United States in and to the National Forest 
System lands described in subsection (c). The conveyance of National 
Forest System lands under this section shall be subject to valid 
existing rights and to such terms, conditions, and reservations as may 
be required by this section or considered necessary by the Secretary.
    (b) Lands to Be Conveyed by District.--The lands to be conveyed by 
the District under subsection (a) consist of approximately 340 acres 
located within township 5 north, range 18 west, San Bernardino base and 
meridian and are more fully described as follows:
            (1) ``Tract A''--SE1/4NE1/4 of section 16 (approximately 40 
        acres).
            (2) ``Tract B''--NE1/4SE1/4 of section 16 (approximately 40 
        acres).
            (3) ``Tract C''--S1/2SE1/4 of section 16 (approximately 80 
        acres).
            (4) ``Tract D''--NE1/4 of section 21 (approximately 160 
        acres).
            (5) ``Tract E''--N1/2SW1/4SW1/4 of section 15 
        (approximately 20 acres).
    (c) Lands to Be Conveyed by Secretary.--The National Forest System 
lands to be conveyed by the Secretary under subsection (a) consist of 
approximately 440 acres located within township 5 north, range 18 west, 
San Bernardino base and meridian and are more fully described as 
follows:
            (1) ``Tract 1''--E1/2SW1/4 of section 10 (approximately 80 
        acres).
            (2) ``Tract 2''--NE1/4NW1/4 of section 15 (approximately 40 
        acres).
            (3) ``Tract 3''--S1/2SW1/4SW1/4SE1/4 of section 15 
        (approximately 5 acres).
            (4) ``Tract 4''--N1/2S1/2S1/2SE1/4 of section 15 
        (approximately 20 acres).
            (5) ``Tract 5''--S1/2N1/2SW1/4SE1/4 of section 15 
        (approximately 10 acres).
            (6) ``Tract 6''--N1/2NW1/4SW1/4SE1/4 of section 15 
        (approximately 5 acres).
            (7) ``Tract 7''--SW1/4SE1/4 of section 15 (approximately 
        2.5 acres).
            (8) ``Tract 8''--S1/2NW1/4SE1/4SE1/4 of section 15 
        (approximately 5 acres).
            (9) ``Tract 9''--SW1/4NE1/4SE1/4SE1/4 of section 15 
        (approximately 2.5 acres).
            (10) ``Tract 10''--W1/2W1/2NW1/4SE1/4 of section 15 
        (approximately 10 acres).
            (11) ``Tract 11''--SE1/4SW1/4NW1/4SE1/4 of section 15 
        (approximately 2.5 acres).
            (12) ``Tract 12''--SW1/4SE1/4NW1/4SE1/4 of section 15 
        (approximately 2.5 acres).
            (13) ``Tract 13''--W1/2W1/2SW1/4NE1/4 of section 15 
        (approximately 10 acres).
            (14) ``Tract 14''--SW1/4SW1/4NE1/4 of section 22 
        (approximately 10 acres).
            (15) ``Tract 15''--NW1/4NW1/4NW1/4NE1/4 of section 22 
        (approximately 2.5 acres).
            (16) ``Tract 16''--SW1/4NW1/4SW1/4NE1/4 of section 22 
        (approximately 2.5 acres).
            (17) ``Tract 17''--W1/2NW1/4SE1/4 of section 22 
        (approximately 20 acres).
            (18) ``Tract 18''--SW1/4SE1/4 of section 22 (approximately 
        40 acres).
            (19) ``Tract 19''--E1/2SW1/4 of section 22 (approximately 
        80 acres).
            (20) ``Tract 20''--N1/2NW1/4SW1/4 of section 22 
        (approximately 20 acres).
            (21) ``Tract 21''--W1/2NE1/4 of section 27 (approximately 
        60 acres).
            (22) ``Tract 22''--NE1/4SW1/4NW1/4 of section 27 
        (approximately 10 acres).
    (d) Maps and Corrections Authority.--The lands to be exchanged 
under this section are depicted on maps entitled ``Los Padres National 
Forest Land Exchange'' and dated June 1, 2005. The maps shall be on 
file and available for public inspection in appropriate offices of the 
Forest Service until completion of the land exchange. By mutual 
agreement, the Secretary and the District may adjust the legal 
descriptions specified in subsections (b) and (c) and the boundaries 
depicted on the maps based upon survey or a determination that a 
modification would be in the public interest to correct errors or make 
minor adjustments in the lands to be exchanged under this section.
    (e) Processing of Land Exchange.--
            (1) Equal value exchange.--The land exchange under this 
        section shall be conducted on an equal value basis, as 
        determined by the appraisal done in conformity with the Uniform 
        Appraisal Standards for Federal Lands Standards for Acquisition 
        and Forest Service appraisal instructions.
            (2) Title standards.--The Secretary shall require that 
        title to the District lands to be acquired by the Secretary 
        under this section is in conformity with the title standards of 
        the Attorney General.
            (3) Completion.--The Secretary shall endeavor to complete 
        the land exchange under this section within one year after the 
        date of the enactment of this Act.
    (f) Easements and Access.--
            (1) Reservation.--In the conveyance of the National Forest 
        System lands under this section, the Secretary shall reserve 
        easements for all roads and trails that the Secretary considers 
        to be necessary or desirable to provide for administrative 
        purposes and to ensure public access to National Forest System 
        lands. In particular, the Secretary shall reserve perpetual 
        unrestricted rights of pedestrian and equestrian access over 
        all existing roads and trails.
            (2) Construction of parking lot.--As a condition on the 
        receipt of National Forest System lands under this section, the 
        District shall agree to construct a gravel parking area upon 
        District lands to provide access to the Potholes trail of the 
        Los Padres National Forest. The site design for the parking 
        area shall be subject to the approval by the Secretary. The 
        District may reasonably regulate vehicular access to the 
        parking area in accordance with rules and regulations 
        promulgated in accordance with applicable law.
    (g) Partial Revocation of Withdrawals.--The public lands 
withdrawals provided by the Act of May 29, 1928 (Chapter 868; 45 Stat. 
956), Power Site Classification No. 414-USGS, June 22, 1951, FERC Power 
Project No. 2153, January 15, 1957, and Forest Service Land Order No. 
3338, February 28, 1964, are hereby revoked insofar as they effect the 
National Forest System lands conveyed under this section.
    (h) Water Rights.--The land exchange under this section does not 
include any water rights owned by the District or the United States.
    (i) Cash Equalization.--
            (1) Limits waived.--The values of the lands to be exchanged 
        under this section may be equalized through the payment of a 
        cash equalization payment in an amount in excess of the 
        statutory limit specified in section 206 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1716).
            (2) Disposition and use of funds.--Any cash equalization 
        payment received by the Secretary under this section shall be 
        deposited into the fund established by Public Law 90-171 
        (commonly known as the Sisk Act; 16 U.S.C. 484a). The payment 
        shall be available to the Secretary for expenditure, without 
        further appropriation and until expended, for the acquisition, 
        construction, or improvement of administrative or recreational 
        facilities for the Los Padres National Forest in Ventura 
        County, Santa Barbara County, and San Luis Obispo County, 
        California, or for the acquisition of land or interests in land 
        in such counties.
    (j) Administrative Costs.--The costs of conducting the land 
exchange under this section shall be shared equally by the District and 
the Secretary. The costs to be shared include expenditures incurred for 
survey, mapping, appraisals, closing costs, recording fees, and similar 
expenditures, but do not include staff salaries, administrative 
overhead, attorney' fees, the cost of construction required by 
subsection (f)(2), or the costs to cure any title defects.
    (k) Effect of Exchange; Management of Acquired Lands.--For purposes 
of section 7 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-9), the boundaries of the Los Padres National Forest, as 
adjusted as a result of the land exchange under this section, shall be 
considered to be the boundaries of that national forest as of January 
1, 1965. The District lands acquired by the Secretary under this 
section shall be added to and administered as part of the Los Padres 
National Forest in accordance with the laws and regulations applicable 
to that national forest.

            Passed the House of Representatives June 12, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Ex Output:

Los Padres National Forest Land Exchange Act of 2005 - Authorizes an exchange of approximately 340 acres held by the United Water Conservation District of California (the District lands) and approximately 440 acres of National Forest System lands.

Requires the land exchange to be conducted on an equal value basis, as determined by appraisal.

Directs the Secretary to reserve easements in the conveyance of the National Forest System (NFS) lands for access to roads and trails that the Secretary considers to be necessary or desirable to provide for administrative purposes and to ensure public access to NFS lands. Requires the District, as a condition on the receipt of the NFS land, to agree to construct a gravel parking area upon the District lands to provide access to the Potholes trail of the Los Padres National Forest. Subjects the site design for the parking area to approval by the Secretary. Permits the District to reasonably regulate vehicular access to the parking area.

Revokes certain public lands withdrawals insofar as they affect the conveyed NFS lands.

 Exempts water rights from this land exchange.

Permits the the values of the lands to be exchanged to be equalized through the payment of a cash equalization payment in excess of the statutory limit specified under the Federal Land Policy and Management Act of 1976.

Requires the deposit of any cash equalization payment received by the Secretary under this Act into the fund established by the Sisk Act. Makes such payment available to the Secretary for expenditure for the acquisition, construction, or improvement of administrative or recreational facilities for the Los Padres National Forest in Ventura County, Santa Barbara County, and San Luis Obispo County, California, or for the acquisition of land or interests in land in such counties.

Requires the costs of conducting the land exchange to be shared equally by the District and the Secretary.

 Adds the District lands acquired by the Secretary under this Act to the Los Padres National Forest.