Sec. 314. Pilot alternative dispute process

549 words·~2 min read·/bill/115/s/2068/is/section-314

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The Secretary shall establish within the Forest Service a 5-year arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for the projects described in subsection (b). On issuance of an appeal response to an objection filed with respect to a project subject to an objection at the project level under part 218 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), the Secretary shall notify each applicable individual or entity that submitted the objection (referred to in this section as the objector ) that any further appeal may be subject to arbitration in accordance with this section.

The Secretary, in coordination with the head of the applicable Region of the Forest Service, may designate any type of project under this title for arbitration under this section. The Secretary shall develop and publish a list of not fewer than 20 individuals eligible to serve as arbitrators for the pilot program under this section. In order to be eligible to serve as an arbitrator under this subsection, an individual shall be currently certified by the American Arbitration Association.

Not later than 7 days after the date of receipt of a notice of intent to file suit challenging a project, the Secretary shall notify each applicable objector and the court of jurisdiction that the project has been designated for arbitration in accordance with this section. An objector that sought judicial review of a project that has been designated by the Secretary for arbitration under this section may file a demand for arbitration in accordance with— sections 571 through 584 of title 5, United States Code; and this paragraph.

A demand for arbitration under subparagraph

(A)shall— be filed not later than the date that is 30 days after the date of the notification by the Secretary under paragraph (1); and include an alternative proposal to the applicable project that describes each modification sought by the objector with respect to the project. For each arbitration commenced under this section, the Secretary and each applicable objector shall agree on a mutually acceptable arbitrator from the list published under subsection (c)(1). An arbitrator selected under subsection (e)— shall address each demand filed for arbitration with respect to a project under this section; but may consolidate into a single arbitration all demands for arbitration by all objectors with respect to a project. An arbitrator shall make a decision regarding each applicable demand for arbitration under this section by selecting— the project, as approved by the Secretary; an alternative proposal submitted by the applicable objector; or neither proposal. 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 of an objector under this section. Not later than 90 days after the date on which a demand for arbitration is filed under subsection (d)(2), the arbitration process shall be completed. 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. The authority provided by this section terminates effective January 1, 2023.