,,ii #aaeth ,,congress #ast ,session ,s4 #bafj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #af1 #bjag,mr4 ,daines 7for himself1 ,mr4 ,risch1 and ,mr4 ,crapo7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to establish a pilot program under which the ,chief of the ,forest ,service may use alternative dispute resolution in lieu of judicial review for certain projects4 #a4 ,short title ,this ,act may be cited as the ,protect ,collaboration for ,healthier ,forests ,act4 #b4 ,alternative dispute resolution pilot program 7a7 ,definitions ,in this ,act3 7#a7 ,participant ,the term participant means an individual or entity that files an objection or scoping comments on a draft environmental document with respect to a project that is subject to an objection at the project level under part #bah of title #cf1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,pilot program ,the term pilot program means the pilot program established under subsection 7b74 7#c7 ,project ,the term project means a project described in subsection 7c74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 7b7 ,arbitration pilot program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish within ,region #a of the ,forest ,service an arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for projects described in subsection 7c74 7c7 ,description of projects 7#a7 ,in general ,the ,secretary1 at the sole discretion of the ,secretary1 may designate for arbitration projects that-- 7,a7 7i7 are developed through a collaborative process 7within the meaning of section #fjc7;b77#a77;,c7 of the ,healthy ,forest ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;b7b77#a77;,c7772 7ii7 are carried out under the ,collaborative ,forest ,landscape ,restoration ,program established under section #djjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc72 or 7iii7 are identified in a community wildfire protection plan 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 7,b7 have as a purpose-- 7i7 hazardous fuels reduction2 or 7ii7 mitigation of insect or disease infestation2 and 7,c7 are located1 in whole or in part1 in a wildland-urban interface 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa774 7#b7 ,inclusion ,in designating projects for arbitration1 the ,secretary may include projects that receive categorical exclusions for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,limitation on number of projects ,the ,secretary may not designate for arbitration under the pilot program more than #b projects per calendar year4 7e7 ,arbitrators 7#a7 ,appointment ,the ,secretary shall develop and publish a list of not fewer than #ae individuals eligible to serve as arbitrators for the pilot program4 7#b7 ,qualifications ,to be eligible to serve as an arbitrator under this subsection1 an individual shall be-- 7,a7 certified by-- 7i7 the ,american ,arbitration ,association2 or 7ii7 a ,state arbitration program2 or 7,b7 a fully retired ,federal or ,state judge4 7f7 ,initiation of arbitration 7#a7 ,in general ,not later than #g days after the date on which the ,secretary issues the final decision with respect to a project1 the ,secretary shall-- 7,a7 notify each applicable participant and the ,clerk of the ,united ,states ,district ,court for the district in which the project is located that the project has been designated for arbitration in accordance with this ,act2 and 7,b7 include in the decision document a statement that the project has been designated for arbitration4 7#b7 ,initiation 7,a7 ,in general ,a participant may initiate arbitration regarding a project that has been designated for arbitration under this ,act in accordance with-- 7i7 sections #ega through #ehd of title #e1 ,united ,states ,code2 and 7ii7 this paragraph4 7,b7 ,requirements ,a request to initiate arbitration under subparagraph 7,a7 shall-- 7i7 be filed not later than the date that is #cj days after the date of the notification by the ,secretary under paragraph 7#a72 and 7ii7 include an alternative proposal for the applicable project that describes each modification sought by the participant with respect to the project4 7,c7 ,no judicial review ,a project for which arbitration is initiated under subparagraph 7,a7 shall not be subject to judicial review4 7#c7 ,compelled arbitration 7,a7 ,motion to compel arbitration 7i7 ,in general ,if a participant seeks judicial review of a final decision with respect to a project1 the ,secretary may file in the applicable court a motion to compel arbitration in accordance with this ,act4 7ii7 ,fees and costs ,for any motion described in clause 7i7 for which the ,secretary is the prevailing party1 the applicable court shall award to the ,secretary-- 7,i7 court costs2 and 7,,ii7 attorney's fees4 7,b7 ,arbitration compelled by court ,if a participant seeks judicial review of a project1 the applicable court shall compel arbitration in accordance with this ,act4 7g7 ,selection of arbitrator ,for each arbitration commenced under this ,act-- 7#a7 the ,secretary shall propose #c arbitrators from the list published under subsection 7e77#a72 and 7#b7 the applicable participant shall select #a arbitrator from the list of arbitrators proposed under paragraph 7#a74 7h7 ,responsibilities of arbitrator 7#a7 ,in general ,an arbitrator selected under subsection 7e7-- 7,a7 shall address all claims of each party seeking arbitration with respect to a project under this ,act2 but 7,b7 may consolidate into a single arbitration all requests to initiate arbitration by all participants with respect to a project4 7#b7 ,selection of proposals ,an arbitrator shall make a decision with respect to each applicable request for initiation of arbitration under this ,act by-- 7,a7 selecting the project1 as approved by the ,secretary2 7,b7 selecting an alternative proposal submitted by the applicable participant2 or 7,c7 rejecting both projects described in subparagraphs 7,a7 and 7,b74 7#c7 ,limitations 7,a7 ,administrative record ,the evidence before an arbitrator under this subsection shall be limited solely to the administrative record for the project4 7,b7 ,no modifications to proposals ,an arbitrator may not modify any proposal contained in a request for initiation of arbitration of a participant under this ,act4 7i7 ,intervention ,a party may intervene in an arbitration under this ,act if1 with respect to the project to which the arbitration relates1 the party-- 7#a7 meets the requirements of ,rule #bd7;a7 of the ,federal ,rules of ,civil ,procedure 7or a successor rule72 or 7#b7 participated in the applicable collaborative process referred to in clause 7i7 or 7ii7 of subsection 7c77#a77;,a74 7j7 ,scope of review ,in carrying out arbitration for a project1 the arbitrator shall set aside the agency action1 findings1 and conclusions found to be arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law1 within the meaning of section #gjf7b77;,a7 of title #e1 ,united ,states ,code4 7k7 ,deadline for completion of arbitration ,not later than #ij days after the date on which a request to initiate arbitration is filed under subsection 7f77#b71 the arbitrator shall make a decision with respect to the request to initiate arbitration4 7l7 ,effect of arbitration decision ,a decision of an arbitrator under this ,act-- 7#a7 shall not be considered to be a major ,federal action2 7#b7 shall be binding2 and 7#c7 shall not be subject to judicial review1 except as provided in section #aj7;a7 of title #i1 ,united ,states ,code4 7m7 ,administrative costs 7#a7 ,in general ,the ,secretary shall-- 7,a7 be solely responsible for the professional fees of arbitrators participating in the pilot program2 and 7,b7 use funds made available to the ,secretary and not otherwise obligated to carry out subparagraph 7,a74 7#b7 ,attorney's fees ,no arbitrator may award attorney's fees in any arbitration brought under this ,act4 7n7 ,reports 7#a7 ,in general ,not later than #a year after the date on which the pilot program is established1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives1 and publish on the website of ,region #a of the ,forest ,service1 a report of not longer than #aj pages describing the implementation of the pilot program for the applicable year1 including-- 7,a7 the reasons for selecting certain projects for arbitration2 7,b7 an evaluation of the arbitration process1 including any recommendations for improvements to the process2 7,c7 a description of the outcome of each arbitration2 and 7,d7 a summary of the impacts of each outcome described in subparagraph 7,c7 on the timeline for implementation and completion of the applicable project4 7#b7 ,,gao reviews and reports 7,a7 ,initial review ,not later than #b years after the date on which the pilot program is established1 the ,comptroller ,general of the ,united ,states shall review the implementation by the ,secretary of the pilot program4 7,b7 ,review on termination ,on termination of the pilot program under subsection 7o71 the ,comptroller ,general of the ,united ,states shall review the implementation by the ,secretary of the pilot program4 7,c7 ,report ,on completion of the review described in subparagraph 7,a7 or 7,b71 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report describing the results of the applicable review4 7o7 ,termination ,the pilot program shall terminate on the date that is #e years after the date4 7p7 ,effect ,nothing in this ,act affects the responsibility of the ,secretary to comply with-- 7#a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7#b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474