Sec. 302. Bond requirement as part of legal challenge of certain forest management activities

441 words·~2 min read·/bill/114/s/2012/eah/section-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In the case of a forest management activity developed through a collaborative process or proposed by a resource advisory committee, any plaintiff or plaintiffs challenging the forest management activity shall be required to post a bond or other security equal to the anticipated costs, expenses, and attorneys fees of the Secretary concerned as defendant, as reasonably estimated by the Secretary concerned. All proceedings in the action shall be stayed until the required bond or security is provided.

If the Secretary concerned prevails in an action challenging a forest management activity described in subsection (a), the Secretary concerned shall submit to the court a motion for payment, from the bond or other security posted under subsection

(a)in such action, of the reasonable costs, expenses, and attorneys fees incurred by the Secretary concerned. The amount of costs, expenses, and attorneys fees recovered by the Secretary concerned under paragraph

(1)as a result of prevailing in an action challenging the forest management activity may not exceed the amount of the bond or other security posted under subsection

(a)in such action. Any funds remaining from the bond or other security posted under subsection

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

(1)shall be returned to the plaintiff or plaintiffs that posted the bond or security in the action. If the plaintiff ultimately prevails on the merits in every action brought by the plaintiff challenging a forest management activity described in subsection (a), the court shall return to the plaintiff any bond or security provided by the plaintiff under subsection (a), plus interest from the date the bond or security was provided. In this subsection, the phrase ultimately prevails on the merits means, in a final enforceable judgment on the merits, a court rules in favor of the plaintiff on every cause of action in every action brought by the plaintiff challenging the forest management activity. If a challenge to a forest management activity described in subsection

(a)for which a bond or other security was provided by the plaintiff under such subsection is resolved by settlement between the Secretary concerned and the plaintiff, the settlement agreement shall provide for sharing the costs, expenses, and attorneys fees incurred by the parties. 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 forest management activity described in subsection (a).