Forest Litigation Reform Act of 2023

Subjects: Public Lands and Natural Resources

Summary:  <p><strong>Forest Litigation Reform Act of 2023</strong></p> <p>This bill sets forth provisions regarding legal challenges to federal forest management activities on land suitable for timber production.</p> <p>The bill revises the standard of review for a court considering a request for injunctive relief applicable to an agency's qualified forest management activity. Specifically, a court must balance the impact to the ecosystem of undertaking the agency action against not undertaking the agency action.</p> <p>The bill also limits the length of preliminary injunctive relief and stays pending appeal in such cases to 60 days.</p> <p>Additionally, the bill directs the Department of Agriculture, with respect to National Forest System lands, and the Department of the Interior, with respect to public lands, to each establish a discretionary arbitration pilot program as an alternative dispute resolution process for challenges to qualified forest management activities. </p> <p>The bill prohibits amounts from being obligated or expended from the Claims and Judgment Fund and awards to pay any fees or other expenses to any plaintiff related to an action challenging a qualified forest management activity.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 636 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 636

  To establish an arbitration process pilot program as an alternative 
   dispute resolution process for certain objections or protests to 
    qualified forest management activities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2023

Mr. Rosendale introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
    Agriculture, and the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish an arbitration process pilot program as an alternative 
   dispute resolution process for certain objections or protests to 
    qualified forest management activities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Litigation Reform Act of 
2023''.

SEC. 2. NO ATTORNEY FEES FOR FOREST MANAGEMENT ACTIVITY CHALLENGES.

    Notwithstanding section 1304 of title 31, United States Code, no 
award may be made under section 2412 of title 28, United States Code, 
and no amounts may be obligated or expended from the Claims and 
Judgment Fund of the United States Treasury to pay any fees or other 
expenses under such sections to any plaintiff related to an action 
challenging a qualified forest management activity.

SEC. 3. INJUNCTIVE RELIEF.

    (a) Balancing Short- and Long-Term Effects of Forest Management 
Activities in Considering Injunctive Relief.--As part of its weighing 
the equities while considering any request for an injunction that 
applies to any agency action as part of a qualified forest management 
activity, the court reviewing the agency action shall balance the 
impact to the ecosystem likely affected by the forest management 
activity of--
            (1) the short- and long-term effects of undertaking the 
        agency action; against
            (2) the short- and long-term effects of not undertaking the 
        action.
    (b) Time Limitations for Injunctive Relief.--
            (1) In general.--Subject to paragraph (2), the length of 
        any preliminary injunctive relief and stays pending appeal that 
        applies to any agency action as part of a forest management 
        activity, shall not exceed 60 days.
            (2) Renewal.--
                    (A) In general.--A court of competent jurisdiction 
                may issue one or more renewals of any preliminary 
                injunction, or stay pending appeal, granted under 
                paragraph (1).
                    (B) Updates.--In each renewal of an injunction in 
                an action, the parties to the action shall present the 
                court with updated information on the status of the 
                authorized forest management activity.

SEC. 4. USE OF ARBITRATION INSTEAD OF LITIGATION TO ADDRESS CHALLENGES 
              TO FOREST MANAGEMENT ACTIVITIES.

    (a) Discretionary Arbitration Process Pilot Program.--
            (1) In general.--The Secretary of Agriculture, with respect 
        to National Forest System lands, and the Secretary of the 
        Interior, with respect to public lands, shall each establish a 
        discretionary arbitration pilot program as an alternative 
        dispute resolution process for the activities described in 
        paragraph (2). Such arbitration pilot program shall take place 
        in lieu of judicial review for the activities described in 
        paragraph (2).
            (2) Activities described.--The Secretary concerned, at the 
        sole discretion of the Secretary, may designate objections or 
        protests to qualified forest management activities for 
        arbitration under the arbitration pilot program established 
        under paragraph (1).
            (3) Maximum amount of arbitrations.--
                    (A) In general.--Under the arbitration pilot 
                program, the Secretary concerned may not arbitrate more 
                than 10 objections or protests to qualified forest 
                management activities in a fiscal year in--
                            (i) each Forest Service Region; and
                            (ii) each State Region of the Bureau of 
                        Land Management.
                    (B) Not subject to judicial review.--A 
                determination made by the Secretary concerned that an 
                objection or protest to a qualified forest management 
                activity is an activity described under paragraph (2) 
                shall not be subject to judicial review.
            (4) Determining amount of arbitrations.--An objection or 
        protest to a qualified forest management activity shall not be 
        counted towards the limitation on number of arbitrations under 
        paragraph (3) unless--
                    (A) on the date such objection or protest is 
                designated for arbitration, the qualified forest 
                management activity for which such objection or protest 
                is filed has not been the subject of arbitration 
                proceedings under the pilot program; and
                    (B) the arbitration proceeding has commenced with 
                respect to such objection or protest.
            (5) Termination.--
                    (A) In general.--The pilot programs established 
                pursuant to paragraph (1) shall terminate on the date 
                that is 7 years after the date of the enactment of this 
                Act.
                    (B) Activity in arbitration.--An objection or 
                protest to a qualified forest management activity that 
                has commenced but has not completed arbitration on the 
                date of termination under subparagraph (A) shall 
                continue until such arbitration is completed.
    (b) Intervening Parties.--
            (1) Requirements.--Any person that submitted a public 
        comment on the qualified forest management activity that is 
        subject to arbitration may intervene in the arbitration--
                    (A) by endorsing--
                            (i) the qualified forest management 
                        activity; or
                            (ii) the modification proposal submitted 
                        under subparagraph (B); or
                    (B) by submitting a proposal to further modify the 
                qualified forest management activity.
            (2) Deadline for submission.--With respect to an objection 
        or protest that is designated for arbitration under this 
        subsection (a), 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.
            (3) Multiple parties.--Multiple intervening parties may 
        submit a joint proposal so long as each intervening party meets 
        the eligibility requirements of paragraph (1).
    (c) Appointment of Arbitrator.--
            (1) Appointment.--The Secretary of Agriculture and the 
        Secretary of the Interior shall jointly develop and publish a 
        list of not fewer than 20 individuals eligible to serve as 
        arbitrators for the pilot programs under this section.
            (2) Qualifications.--In order to be eligible to serve as an 
        arbitrator under this subsection, an individual shall be, on 
        the date of the appointment of such arbitrator--
                    (A) certified by the American Arbitration 
                Association; and
                    (B) not a registered lobbyist.
            (3) Selection of arbitrator.--
                    (A) In general.--For each arbitration commenced 
                under this section, 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 this subsection.
                    (B) Appointment after 14 days.--In the case of an 
                agreement with respect to a mutually acceptable 
                arbitrator not being reached within the 14-day limit 
                described in subparagraph (A), the Secretary concerned 
                shall appoint an arbitrator from the list published 
                under this subsection.
    (d) Selection of Proposals.--
            (1) In general.--The arbitrator appointed under subsection 
        (c)--
                    (A) may not modify any of the proposals submitted 
                with the objection, protest, or request to intervene; 
                and
                    (B) shall select to be conducted--
                            (i) the qualified forest management 
                        activity, as approved by the Secretary; or
                            (ii) a proposal submitted by an objector or 
                        an intervening party.
            (2) Selection criteria.--An arbitrator shall, when 
        selecting a proposal, consider--
                    (A) whether the proposal is consistent with the 
                applicable forest plan, laws, and regulations;
                    (B) whether the proposal can be carried out by the 
                Secretary concerned; and
                    (C) the effect of each proposal on--
                            (i) forest health;
                            (ii) potential losses of life and property;
                            (iii) habitat diversity;
                            (iv) wildfire potential;
                            (v) insect and disease potential;
                            (vi) timber production; and
                            (vii) 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--
                                    (I) potential losses of life and 
                                property;
                                    (II) domestic water costs;
                                    (III) wildlife habitat loss; and
                                    (IV) other economic and social 
                                factors.
    (e) Effect of Decision.--The decision of an arbitrator with respect 
to the qualified forest management activity shall--
            (1) not be considered a major Federal action;
            (2) be binding; and
            (3) not be subject to judicial review, except as provided 
        in section 10(a) of title 9, United States Code.
    (f) Deadline for Completion.--Not later than 90 days after the date 
on which the arbitration is filed with respect to the qualified forest 
management activity, the arbitration process shall be completed.

SEC. 5. DEFINITION.

    In this Act:
            (1) Collaborative process.--The term ``collaborative 
        process'' means a process relating to the management of 
        National Forest System lands or public lands by which a project 
        or forest management activity is developed and implemented by 
        the Secretary concerned through collaboration with multiple 
        interested persons representing diverse interests.
            (2) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101 of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (3) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (4) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702), except that 
        the term includes Coos Bay Wagon Road Grant lands and Oregon 
        and California Railroad Grant lands.
            (5) Qualified forest management activity.--The term 
        ``qualified forest management activity'' means any forest 
        management activity that--
                    (A) will occur on lands identified as the Secretary 
                concerned as suitable for timber production; and
                    (B) meets at least one of the following conditions:
                            (i) The forest management activity will 
                        occur on lands designated by the Secretary (or 
                        designee thereof) pursuant to section 602(b) of 
                        the Healthy Forests Restoration Act of 2003 (16 
                        U.S.C. 6591a(b)), notwithstanding whether such 
                        forest management activity is initiated prior 
                        to the date of enactment of this Act.
                            (ii) The forest management activity is 
                        developed through a collaborative process.
                            (iii) The forest management activity is 
                        proposed by a resource advisory committee.
                            (iv) The forest management activity is 
                        covered by a community wildfire protection 
                        plan.
            (6) Resource advisory committee.--The term ``resource 
        advisory committee'' has the meaning given that term in section 
        201 of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121).
                                 &lt;all&gt;
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