[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4579 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4579
To establish an arbitration process pilot program as an alternative
dispute resolution process for certain objections or protests to
qualified forest management activities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2021
Mr. Rosendale (for himself, Mr. Westerman, Mr. Newhouse, Mr. Bentz, Mr.
LaMalfa, Mr. Cole, Mrs. Boebert, Mr. Tiffany, and Mr. Obernolte)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committees on Agriculture,
and the Judiciary, for a period to be subsequently determined by the
Speaker, 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 activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Litigation Reform Act of
2021''.
SEC. 2. NO ATTORNEY FEES FOR FOREST MANAGEMENT ACTIVITY CHALLENGES.
Notwithstanding section 1304 of title 31, United States Code, no
award may be made under section 2412 of title 28, United States Code,
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 activity.
SEC. 3. INJUNCTIVE RELIEF.
(a) 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
activity, the court reviewing the agency action shall balance the
impact to the ecosystem likely affected by the forest management
activity of--
(1) the short- and long-term effects of undertaking the
agency action; against
(2) the short- and long-term effects of not undertaking the
action.
(b) Time Limitations for Injunctive Relief.--
(1) In general.--Subject to paragraph (2), the length of
any preliminary injunctive relief and stays pending appeal that
applies to any agency action as part of a forest management
activity, shall not exceed 60 days.
(2) Renewal.--
(A) In general.--A court of competent jurisdiction
may issue one or more renewals of any preliminary
injunction, or stay pending appeal, granted under
paragraph (1).
(B) Updates.--In each renewal of an injunction in
an action, the parties to the action shall present the
court with updated information on the status of the
authorized forest management activity.
SEC. 4. USE OF ARBITRATION INSTEAD OF LITIGATION TO ADDRESS CHALLENGES
TO FOREST MANAGEMENT ACTIVITIES.
(a) Discretionary Arbitration Process Pilot Program.--
(1) In general.--The Secretary of Agriculture, with respect
to National Forest System lands, and the Secretary of the
Interior, with respect to public lands, shall each establish a
discretionary arbitration pilot program as an alternative
dispute resolution process for the activities described in
paragraph (2). Such arbitration pilot program shall take place
in lieu of judicial review for the activities described in
paragraph (2).
(2) Activities described.--The Secretary concerned, at the
sole discretion of the Secretary, may designate objections or
protests to qualified forest management activities for
arbitration under the arbitration pilot program established
under paragraph (1).
(3) Maximum amount of arbitrations.--
(A) In general.--Under the arbitration pilot
program, the Secretary concerned may not arbitrate more
than 10 objections or protests to qualified forest
management activities in a fiscal year in--
(i) each Forest Service Region; and
(ii) each State Region of the Bureau of
Land Management.
(B) 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 (2)
shall not be subject to judicial review.
(4) 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 (3) unless--
(A) on the date such objection or protest is
designated for arbitration, the qualified forest
management activity for which such objection or protest
is filed has not been the subject of arbitration
proceedings under the pilot program; and
(B) the arbitration proceeding has commenced with
respect to such objection or protest.
(5) Termination.--
(A) In general.--The pilot programs established
pursuant to paragraph (1) shall terminate on the date
that is 7 years after the date of the enactment of this
Act.
(B) 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 (A) shall
continue until such arbitration is completed.
(b) Intervening Parties.--
(1) Requirements.--Any person that submitted a public
comment on the qualified forest management activity that is
subject to arbitration may intervene in the arbitration--
(A) by endorsing--
(i) the qualified forest management
activity; or
(ii) the modification proposal submitted
under subparagraph (B); or
(B) by submitting a proposal to further modify the
qualified forest management activity.
(2) Deadline for submission.--With respect to an objection
or protest that is designated for arbitration under this
subsection (a), a request to intervene in an arbitration must
be submitted not later than the date that is 30 days after the
date on which such objection or protest was designated for
arbitration.
(3) Multiple parties.--Multiple intervening parties may
submit a joint proposal so long as each intervening party meets
the eligibility requirements of paragraph (1).
(c) Appointment of Arbitrator.--
(1) Appointment.--The Secretary of Agriculture and the
Secretary of the Interior shall jointly develop and publish a
list of not fewer than 20 individuals eligible to serve as
arbitrators for the pilot programs under this section.
(2) Qualifications.--In order to be eligible to serve as an
arbitrator under this subsection, an individual shall be, on
the date of the appointment of such arbitrator--
(A) certified by the American Arbitration
Association; and
(B) not a registered lobbyist.
(3) Selection of arbitrator.--
(A) In general.--For each arbitration commenced
under this section, the Secretary concerned and each
applicable objector or protestor shall agree, not later
than 14 days after the agreement process is initiated,
on a mutually acceptable arbitrator from the list
published under this subsection.
(B) Appointment after 14 days.--In the case of an
agreement with respect to a mutually acceptable
arbitrator not being reached within the 14-day limit
described in subparagraph (A), the Secretary concerned
shall appoint an arbitrator from the list published
under this subsection.
(d) Selection of Proposals.--
(1) In general.--The arbitrator appointed under subsection
(c)--
(A) may not modify any of the proposals submitted
with the objection, protest, or request to intervene;
and
(B) shall select to be conducted--
(i) the qualified forest management
activity, as approved by the Secretary; or
(ii) a proposal submitted by an objector or
an intervening party.
(2) Selection criteria.--An arbitrator shall, when
selecting a proposal, consider--
(A) whether the proposal is consistent with the
applicable forest plan, laws, and regulations;
(B) whether the proposal can be carried out by the
Secretary concerned; and
(C) the effect of each proposal on--
(i) forest health;
(ii) potential losses of life and property;
(iii) habitat diversity;
(iv) wildfire potential;
(v) insect and disease potential;
(vi) timber production; and
(vii) the implications of a resulting
decline in forest health, loss of habitat
diversity, wildfire, or insect or disease
infestation, given fire and insect and disease
historic cycles, on--
(I) potential losses of life and
property;
(II) domestic water costs;
(III) wildlife habitat loss; and
(IV) other economic and social
factors.
(e) Effect of Decision.--The decision of an arbitrator with respect
to the qualified forest management activity shall--
(1) not be considered a major Federal action;
(2) be binding; and
(3) not be subject to judicial review, except as provided
in section 10(a) of title 9, United States Code.
(f) Deadline for Completion.--Not later than 90 days after the date
on which the arbitration is filed with respect to the qualified forest
management activity, the arbitration process shall be completed.
SEC. 5. DEFINITION.
In this Act:
(1) 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 interests.
(2) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511).
(3) 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)).
(4) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702), except that
the term includes Coos Bay Wagon Road Grant lands and Oregon
and California Railroad Grant lands.
(5) Qualified forest management activity.--The term
``qualified forest management activity'' means any forest
management activity that--
(A) will occur on lands identified as the Secretary
concerned as suitable for timber production; and
(B) meets at least one of the following conditions:
(i) The forest management activity will
occur on lands designated by the Secretary (or
designee thereof) pursuant to section 602(b) of
the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591a(b)), notwithstanding whether such
forest management activity is initiated prior
to the date of enactment of this Act.
(ii) The forest management activity is
developed through a collaborative process.
(iii) The forest management activity is
proposed by a resource advisory committee.
(iv) The forest management activity is
covered by a community wildfire protection
plan.
(6) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in section
201 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121).
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