Sec. 603. Pilot arbitration program
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/bill/114/s/3085/is/section-603A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term natural disaster mean a wildfire, hurricane or excessive winds, drought, ice storm or blizzard, flood, or other resource-impacting event, as determined by the Secretary. The term program means the pilot arbitration program established by the Secretary under subsection (b). The term Secretary means the Secretary of Agriculture. The Secretary shall establish within the Forest Service a pilot arbitration program to designate any of the projects described in subsection
(c)for an alternative dispute resolution process to replace judicial review of the projects. The Secretary shall— establish a process for the designation of projects for the program in accordance with this section; and publish in the Federal Register the designation process described in subparagraph (A). The Secretary may designate for the program projects that— are developed through a collaborative process; are proposed by a resource advisory committee; are necessary to address damage caused by a natural disaster on National Forest System land that, if not treated— would impair or endanger the natural resources on the National Forest System land; and would materially affect future use of the National Forest System land; and would restore forest health and forest-related resources on the National Forest System land described in subparagraph (A); respond to natural disasters; address insect or disease infestation; are carried out under the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a ); or are carried out under community wildfire protection plans (as defined in section 101 of the Healthy Forest Restoration Act of 2003 ( 16 U.S.C. 6511 )). Not more than 10 projects described in subsection
(c)may be designated for the program in any applicable calendar year. The authority to designate a project described in subsection
(c)for the program terminates on October 1, 2018. Subject to paragraph (2), an individual or entity— may file a demand for arbitration regarding a project described in subsection
(c)that has been designated for the program under subsection
(b)in accordance with subchapter IV of chapter 5 of title 5, United States Code; and if a demand for arbitration is filed under subparagraph (A), shall include in the demand for arbitration a proposal for an alternative to the project that describes each modification sought with respect to the project. A demand for arbitration may only be filed under paragraph
(1)by an individual or entity that— participated in a collaborative process; developed or implemented the project with a resource advisory committee; or the Secretary approves to file a demand for arbitration. An arbitrator shall make a decision on each demand for arbitration under this section by selecting only— the project, as approved by the Secretary; or a proposal submitted by an individual or entity under subsection (f)(1)(B). A decision of an arbitrator under this subsection shall be based solely on the administrative record for the project. An arbitrator may not modify any proposal contained in a demand for arbitration under this section. A decision of an arbitrator under this subsection shall be— within the authority of the Secretary; and consistent with each applicable forest plan. A decision of an arbitrator under this section— shall not be considered to be a major Federal action; shall be binding; and shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code.
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