Sec. 107. Use of arbitration instead of litigation to address challenge to covered active management project developed through collaborative process
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In the case of a covered active management project that was developed through a collaborative process, any challenge to the covered project made after the special administrative review process required by section 106 shall be addressed using arbitration consistent with this section instead of through judicial review. Any person who sought administrative review for the covered project described in paragraph
(1)and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration regarding the covered project in accordance with chapter 1 of title 9, United States Code. The demand for arbitration under subsection (a)(2) shall— be filed not more than 30 days after the date on which the administrative review decision was issued; and include a proposal describing the modifications sought to the covered project. Any person that submitted a public comment on the covered active management project subject to arbitration may intervene in the arbitration— by endorsing the covered project or the modification proposal submitted under subsection (b)(2); or by submitting a proposal to further modify the covered project. A request to intervene in an arbitration must be submitted not later than the date that is 30 days after the date on which the demand for arbitration was filed. Multiple objectors or intervening parties may submit a joint proposal so long as each objector or intervening party meets the eligibility requirements of subsection (a)(2) or paragraph (1), whichever applies. The United States District Court in the district in which the covered active management project is located shall appoint the arbitrator to conduct the arbitration proceedings in accordance with this section and chapter 1 of title 9, United States Code. The arbitrator appointed under subsection (d)— may not modify any of the proposals submitted with the demand for arbitration or a request to intervene; and shall select to be conducted— a proposal submitted by an objector or an intervening party; or the covered active management project, as approved by the Secretary. An arbitrator shall select the proposal that best meets the purpose and needs described in the environmental analysis conducted for the covered project. The decision of an arbitrator with respect to the covered active management project— 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 the demand for arbitration is filed with respect to the covered active management project, the arbitration process shall be completed.