Sec. 107. Bonding requirements for judicial review

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The judicial review of an action challenging an ecosystem restoration project under this title (referred to in this section as an action ) shall be subject to the bonding requirements of this section. As soon as practicable after the date on which a complaint or appeal is filed to initiate an action, each plaintiff shall post a bond or other security acceptable to the court in an amount equal to the anticipated costs, expenses, and attorney fees of the Secretary as a defendant in the action, in accordance with a reasonable estimate of the Secretary. All proceedings in an action shall be stayed until the bond or security required under subparagraph

(A)is posted. If the Secretary prevails in an action, the Secretary shall submit to the court a motion for payment from the bond or other security posted under subsection (a), of the reasonable costs, expenses, and attorney fees incurred by the Secretary as a defendant in the action. The total amount of costs, expenses, and attorney fees recovered by the Secretary under paragraph

(1)may not exceed the amount of the bond or other security posted in the action. Any funds remaining from the bond or other security posed under subsection

(a)after the payment of costs, expenses, and attorney fees under paragraph

(1)shall be returned to the plaintiff that posted the bond or security in the action. If the applicable court rules, in a final enforcement judgment, in favor of a plaintiff on all causes of each action of the plaintiff, the court shall return to the plaintiff any bond or security posted by the plaintiff under subsection (a), plus any interest accruing during the period beginning on the date on which the bond or security was posted. If an action in which a bond or security was posted is resolved by settlement between the Secretary and the plaintiff, the settlement agreement may provide for sharing of the costs, expenses, and attorney fees incurred by the parties to the action. A settlement agreement under paragraph

(1)may defer the resolution of costs, expenses, and attorney fees to— further negotiation; or decision by the court.