Sec. 8339. Pilot project for forest health, watershed improvement, and habitat restoration in New Mexico
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The Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a pilot project within the Lincoln National Forest, Cibola National Forest, and Gila National Forest in the State of New Mexico to analyze and demonstrate the effectiveness of various tools and techniques to address the following natural resource concerns: Thinning for forest health. Watershed improvement. Habitat restoration. The Secretary of Agriculture in carrying out the pilot project established under subsection
(a)may conduct applied silvicultural investigations and treatments, including— silvicultural investigations conducted for the purposes of information gathering and research relating to the natural resource concerns described in subsection (a); and mechanical thinning. The Secretary may not carry out a silvicultural investigation or treatment under this section if a county in which such investigation or treatment would be conducted provides a refusal to the Secreteray with respect to such investigation or treatment. Forest management activities carried out by the Secretary of Agriculture under this section are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). The Secretary shall encourage meaningful public participation during preparation of a silvicultural investigation or treatment under this section. The Secretary of Agriculture shall establish a discretionary arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for the an objection or protest to a forest management activity carried out pursuant to this section. The Secretary of Agriculture, at the sole discretion of the Secretary, may designate objections or protests to forest management activities for arbitration under the arbitration pilot program established under subparagraph (A). Under the arbitration pilot program, the Secretary concerned may not arbitrate more than 10 objections or protests to forest management activities in a fiscal year in each Forest Service Region. An objection or protest to a forest management activity shall not be counted towards the limitation on number of arbitrations under subparagraph
(C)unless— on the date such objection or protest is designated for arbitration, the forest management activity for which such objection or protest is filed has not been the subject of arbitration proceedings under the pilot program; and the arbitration proceeding has commenced with respect to such objection or protest. Any person that submitted a public comment on the forest management activity that is subject to arbitration may intervene in the arbitration— by endorsing— the forest management activity; or the modification proposal submitted under clause (ii); or by submitting a proposal to further modify the forest management activity. With respect to an objection or protest that is designated for arbitration under paragraph (1)(B), 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. Multiple intervening parties may submit a joint proposal so long as each intervening party meets the eligibility requirements of subparagraph (A). The Secretary of Agriculture shall develop and publish a list of not fewer than 20 individuals eligible to serve as arbitrators for the arbitration pilot program under this section. In order to be eligible to serve as an arbitrator under this paragraph, an individual shall be, on the date of the appointment of such arbitrator— certified by the American Arbitration Association; and not a registered lobbyist. For each arbitration commenced under this subsection, 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 subparagraph (A). In the case of an agreement with respect to a mutually acceptable arbitrator not being reached within the 14-day limit described in clause (i), the Secretary concerned shall appoint an arbitrator from the list published under subparagraph (A). The arbitrator appointed under paragraph (3)— may not modify any of the proposals submitted with the objection, protest, or request to intervene; and shall select to be conducted— the forest management activity, as approved by the Secretary; or a proposal submitted by an objector or an intervening party. An arbitrator shall, when selecting a proposal, consider— whether the proposal is consistent with the applicable forest plan, laws, and regulations; whether the proposal can be carried out by the Secretary of Agriculture; and the effect of each proposal on— forest health; habitat diversity; wildfire potential; insect and disease potential; timber production; and 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— domestic water costs; wildlife habitat loss; and other economic and social factors. The decision of an arbitrator with respect to the forest management activity— shall not be considered 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. Not later than 90 days after the date on which the arbitration is filed with respect to the forest management activity, the arbitration process shall be completed. The authority to carry out this section shall terminate on the date that is 7 years after the date of the enactment of this section.
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Sec. 8339
Pilot project for forest health, watershed improvement, and habitat restoration in New Mexico
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