Sec. 5. Administrative review; arbitration
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Administrative review of a covered project shall occur only in accordance with the special administrative review process established by section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ). There is established in the Department of Agriculture a pilot program that— authorizes the use of arbitration instead of judicial review of a decision made following the special administrative review process for a covered project described in subsection (a); and shall be the sole means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under section 4(a)(4)(B).
Any person who sought administrative review for a covered project in accordance with subsection
(a)and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration in accordance with— chapter 1 of title 9, United States Code; and this paragraph. A demand for arbitration under subparagraph
(A)shall— be filed not more than 30 days after the date on which the special administrative review decision is issued under subsection (a); and include a proposal containing the modifications sought to the covered project. Any person that submitted a public comment on the covered project subject to the demand for arbitration may intervene in the arbitration under this subsection by submitting a proposal endorsing or modifying the covered project by the date that is 30 days after the date on which the demand for arbitration is filed under subparagraph (A). Multiple objectors or intervening parties that meet the requirements of clause
(i)may submit a joint proposal under that clause. The United States District Court in the district in which a covered project subject to a demand for arbitration filed under subparagraph
(A)is located shall appoint an arbitrator to conduct the arbitration proceedings in accordance with this subsection. An arbitrator appointed under subparagraph (D)— may not modify any of the proposals submitted under this paragraph; and shall select to be conducted— a proposal submitted by an objector under subparagraph (B)(ii) or an intervening party under subparagraph (C); or the covered project, as approved by the Secretary. An arbitrator shall select the proposal that best meets the purpose and needs described in the environmental assessment conducted under section 4(b)(1) for the covered project. The decision of an arbitrator with respect to a selection under clause (i)(II)— shall not be considered a major Federal action; shall be binding; and shall not be subject to judicial review. Not later than 90 days after the date on which a demand for arbitration is filed under subparagraph (A), the arbitration process shall be completed.
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Sec. 5
Administrative review; arbitration
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