,i #aagth ,,congress #ast ,session ,h4 ,r4 #degi ,,in ,,the ,,house ,,of ,,representatives ,july #bj1 #bjba,mr4 ,rosendale 7for himself1 ,mr4 ,westerman1 ,mr4 ,newhouse1 ,mr4 ,bentz1 ,mr4 ,la,malfa1 ,mr4 ,cole1 ,mrs4 ,boebert1 ,mr4 ,tiffany1 and ,mr4 ,obernolte7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,agriculture1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish an arbitration process pilot program as an alternative dispute resolution process for certain objections or protests to qualified forest management activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,forest ,litigation ,reform ,act of #bjba4 #b4 ,no attorney fees for forest management activity challenges ,notwithstanding section #acjd of title #ca1 ,united ,states ,code1 no award may be made under section #bdab of title #bh1 ,united ,states ,code1 and no amounts may be obligated or expended from the ,claims and ,judgment ,fund of the ,united ,states ,treasury to pay any fees or other expenses under such sections to any plaintiff related to an action challenging a qualified forest management activity4 #c4 ,injunctive relief 7a7 ,balancing short- and long-,term effects of forest management activities in considering injunctive relief ,as part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a qualified forest management activity1 the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of-- 7#a7 the short- and long-term effects of undertaking the agency action2 against 7#b7 the short- and long-term effects of not undertaking the action4 7b7 ,time limitations for injunctive relief 7#a7 ,in general ,subject to paragraph 7#b71 the length of any preliminary injunctive relief and stays pending appeal that applies to any agency action as part of a forest management activity1 shall not exceed #fj days4 7#b7 ,renewal 7,a7 ,in general ,a court of competent jurisdiction may issue one or more renewals of any preliminary injunction1 or stay pending appeal1 granted under paragraph 7#a74 7,b7 ,updates ,in each renewal of an injunction in an action1 the parties to the action shall present the court with updated information on the status of the authorized forest management activity4 #d4 ,use of arbitration instead of litigation to address challenges to forest management activities 7a7 ,discretionary arbitration process pilot program 7#a7 ,in general ,the ,secretary of ,agriculture1 with respect to ,national ,forest ,system lands1 and the ,secretary of the ,interior1 with respect to public lands1 shall each establish a discretionary arbitration pilot program as an alternative dispute resolution process for the activities described in paragraph 7#b74 ,such arbitration pilot program shall take place in lieu of judicial review for the activities described in paragraph 7#b74 7#b7 ,activities described ,the ,secretary concerned1 at the sole discretion of the ,secretary1 may designate objections or protests to qualified forest management activities for arbitration under the arbitration pilot program established under paragraph 7#a74 7#c7 ,maximum amount of arbitrations 7,a7 ,in general ,under the arbitration pilot program1 the ,secretary concerned may not arbitrate more than #aj objections or protests to qualified forest management activities in a fiscal year in-- 7i7 each ,forest ,service ,region2 and 7ii7 each ,state ,region of the ,bureau of ,land ,management4 7,b7 ,not subject to judicial review ,a determination made by the ,secretary concerned that an objection or protest to a qualified forest management activity is an activity described under paragraph 7#b7 shall not be subject to judicial review4 7#d7 ,determining amount of arbitrations ,an objection or protest to a qualified forest management activity shall not be counted towards the limitation on number of arbitrations under paragraph 7#c7 unless-- 7,a7 on the date such objection or protest is designated for arbitration1 the qualified forest management activity for which such objection or protest is filed has not been the subject of arbitration proceedings under the pilot program2 and 7,b7 the arbitration proceeding has commenced with respect to such objection or protest4 7#e7 ,termination 7,a7 ,in general ,the pilot programs established pursuant to paragraph 7#a7 shall terminate on the date that is #g years after the date of the enactment of this ,act4 7,b7 ,activity in arbitration ,an objection or protest to a qualified forest management activity that has commenced but has not completed arbitration on the date of termination under subparagraph 7,a7 shall continue until such arbitration is completed4 7b7 ,intervening parties 7#a7 ,requirements ,any person that submitted a public comment on the qualified forest management activity that is subject to arbitration may intervene in the arbitration-- 7,a7 by endorsing-- 7i7 the qualified forest management activity2 or 7ii7 the modification proposal submitted under subparagraph 7,b72 or 7,b7 by submitting a proposal to further modify the qualified forest management activity4 7#b7 ,deadline for submission ,with respect to an objection or protest that is designated for arbitration under this subsection 7a71 a request to intervene in an arbitration must be submitted not later than the date that is #cj days after the date on which such objection or protest was designated for arbitration4 7#c7 ,multiple parties ,multiple intervening parties may submit a joint proposal so long as each intervening party meets the eligibility requirements of paragraph 7#a74 7c7 ,appointment of arbitrator 7#a7 ,appointment ,the ,secretary of ,agriculture and the ,secretary of the ,interior shall jointly develop and publish a list of not fewer than #bj individuals eligible to serve as arbitrators for the pilot programs under this section4 7#b7 ,qualifications ,in order to be eligible to serve as an arbitrator under this subsection1 an individual shall be1 on the date of the appointment of such arbitrator-- 7,a7 certified by the ,american ,arbitration ,association2 and 7,b7 not a registered lobbyist4 7#c7 ,selection of arbitrator 7,a7 ,in general ,for each arbitration commenced under this section1 the ,secretary concerned and each applicable objector or protestor shall agree1 not later than #ad days after the agreement process is initiated1 on a mutually acceptable arbitrator from the list published under this subsection4 7,b7 ,appointment after #ad days ,in the case of an agreement with respect to a mutually acceptable arbitrator not being reached within the #ad-;day limit described in subparagraph 7,a71 the ,secretary concerned shall appoint an arbitrator from the list published under this subsection4 7d7 ,selection of proposals 7#a7 ,in general ,the arbitrator appointed under subsection 7c7-- 7,a7 may not modify any of the proposals submitted with the objection1 protest1 or request to intervene2 and 7,b7 shall select to be conducted-- 7i7 the qualified forest management activity1 as approved by the ,secretary2 or 7ii7 a proposal submitted by an objector or an intervening party4 7#b7 ,selection criteria ,an arbitrator shall1 when selecting a proposal1 consider-- 7,a7 whether the proposal is consistent with the applicable forest plan1 laws1 and regulations2 7,b7 whether the proposal can be carried out by the ,secretary concerned2 and 7,c7 the effect of each proposal on-- 7i7 forest health2 7ii7 potential losses of life and property2 7iii7 habitat diversity2 7iv7 wildfire potential2 7v7 insect and disease potential2 7vi7 timber production2 and 7vii7 the implications of a resulting decline in forest health1 loss of habitat diversity1 wildfire1 or insect or disease infestation1 given fire and insect and disease historic cycles1 on-- 7,i7 potential losses of life and property2 7,,ii7 domestic water costs2 7,,iii7 wildlife habitat loss2 and 7,,iv7 other economic and social factors4 7e7 ,effect of decision ,the decision of an arbitrator with respect to the qualified forest management activity shall-- 7#a7 not be considered a major ,federal action2 7#b7 be binding2 and 7#c7 not be subject to judicial review1 except as provided in section #aj7;a7 of title #i1 ,united ,states ,code4 7f7 ,deadline for completion ,not later than #ij days after the date on which the arbitration is filed with respect to the qualified forest management activity1 the arbitration process shall be completed4 #e4 ,definition ,in this ,act3 7#a7 ,collaborative process ,the term collaborative process means a process relating to the management of ,national ,forest ,system lands or public lands by which a project or forest management activity is developed and implemented by the ,secretary concerned through collaboration with multiple interested persons representing diverse interests4 7#b7 ,community wildfire protection plan ,the term community wildfire protection plan has the meaning given that term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7#c7 ,national forest system ,the term ,national ,forest ,system has the meaning given that term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#d7 ,public lands ,the term public lands has the meaning given that term in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb71 except that the term includes ,coos ,bay ,wagon ,road ,grant lands and ,oregon and ,california ,railroad ,grant lands4 7#e7 ,qualified forest management activity ,the term qualified forest management activity means any forest management activity that-- 7,a7 will occur on lands identified as the ,secretary concerned as suitable for timber production2 and 7,b7 meets at least one of the following conditions3 7i7 ,the forest management activity will occur on lands designated by the ,secretary 7or designee thereof7 pursuant to section #fjb7;b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;a7b771 notwithstanding whether such forest management activity is initiated prior to the date of enactment of this ,act4 7ii7 ,the forest management activity is developed through a collaborative process4 7iii7 ,the forest management activity is proposed by a resource advisory committee4 7iv7 ,the forest management activity is covered by a community wildfire protection plan4 7#f7 ,resource advisory committee ,the term resource advisory committee has the meaning given that term in section #bja of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaba74