Sec. 7. Litigation relief
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/bill/115/s/1731/is/section-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 ) is amended— by redesignating subsections
(a)through
(c)as subsections
(b)through (d), respectively; by inserting before subsection
(b)(as so redesignated) the following: In this section, the term covered project means— with respect to a project on land of the National Forest System described in section 3(1)(A), any vegetation management project carried out by the Secretary of Agriculture, except on land on which vegetation management is prohibited by law or the applicable land and resource management plan described in section 101(13)(A); and with respect to public lands described in section 3(1)(B), an authorized hazardous fuels reduction project conducted under this title. ; in subsection
(b)(as so redesignated)— by striking an authorized hazardous fuels reduction project conducted under this title and inserting a covered project ; and by striking the authorized hazardous fuels reduction project and inserting the covered project ; in subsection
(c)(as so redesignated), by striking subsection
(a)and inserting subsection
(b); in subsection
(d)(as so redesignated)— in paragraph (1), by striking an authorized hazardous fuel reduction project carried out under this title and inserting a covered project ; in paragraph (2)(B), by striking authorized hazardous fuel reduction project and inserting covered project ; and in paragraph (3), in the matter preceding subparagraph (A), by striking an authorized hazardous fuel reduction project and inserting a covered project ; and by adding at the end the following: The Secretary of Agriculture (referred to in this subsection as the Secretary ) shall establish within the Forest Service a pilot arbitration program (referred to in this subsection as the program ) to designate any of the projects described in paragraph
(2)for an alternative dispute resolution procedure to replace judicial review of the projects. The Secretary shall— establish a process for the designation of projects and an alternative dispute resolution procedure for the program in accordance with this subsection; and publish in the Federal Register the process and procedure described in clause (i). The Secretary may designate for the program projects for— vegetation management; forest thinning; hazardous fuels reduction; and any other project, as determined by the Secretary. In awarding fees or other expenses under section 2412 of title 28, United States Code, for a civil action relating to a covered project, the court shall— restrict the award to reasonable hourly reimbursements; and ensure that the award is not granted to— a party other than a prevailing party; or a person that has substantial financial resources. The Secretary shall promulgate regulations for what constitutes— reasonable hourly reimbursements under paragraph (1)(A); and substantial financial resources under paragraph (1)(B)(ii). .
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