592 
(ii) the arbitration proceeding has 
commenced with respect to such objection 
or protest. 
(2) INTERVENING PARTIES.— 
(A) REQUIREMENTS.—Any person that 
submitted a public comment on the forest man-
agement activity that is subject to arbitration 
may intervene in the arbitration— 
(i) by endorsing— 
(I) the forest management activ-
ity; or 
(II) the modification proposal 
submitted under clause (ii); or 
(ii) by submitting a proposal to fur-
ther modify the forest management activ-
ity. 
(B) DEADLINE
FOR
SUBMISSION.—With 
respect to an objection or protest that is des-
ignated 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. 
(C) MULTIPLE
PARTIES.—Multiple inter-
vening parties may submit a joint proposal so
593 
long as each intervening party meets the eligi-
bility requirements of subparagraph (A). 
(3) APPOINTMENT OF ARBITRATOR.— 
(A) APPOINTMENT.—The Secretary of Ag-
riculture shall develop and publish a list of not 
fewer than 20 individuals eligible to serve as ar-
bitrators for the arbitration pilot program 
under this section. 
(B) QUALIFICATIONS.—In order to be eli-
gible to serve as an arbitrator under this para-
graph, an individual shall be, on the date of the 
appointment of such arbitrator— 
(i) certified by the American Arbitra-
tion Association; and 
(ii) not a registered lobbyist. 
(C) SELECTION OF ARBITRATOR.— 
(i) IN GENERAL.—For each arbitra-
tion 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 arbi-
trator from the list published under sub-
paragraph (A).
594 
(ii) 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 de-
scribed in clause (i), the Secretary con-
cerned shall appoint an arbitrator from the 
list published under subparagraph (A). 
(4) SELECTION OF PROPOSALS.— 
(A) IN
GENERAL.—The arbitrator ap-
pointed under paragraph (3)— 
(i) may not modify any of the pro-
posals submitted with the objection, pro-
test, or request to intervene; and 
(ii) shall select to be conducted— 
(I) the forest management activ-
ity, as approved by the Secretary; or 
(II) a proposal submitted by an 
objector or an intervening party. 
(B) SELECTION CRITERIA.—An arbitrator 
shall, when selecting a proposal, consider— 
(i) whether the proposal is consistent 
with the applicable forest plan, laws, and 
regulations;
595 
(ii) whether the proposal can be car-
ried out by the Secretary of Agriculture; 
and 
(iii) the effect of each proposal on— 
(I) forest health; 
(II) habitat diversity; 
(III) wildfire potential; 
(IV) insect and disease potential; 
(V) timber production; and 
(VI) the implications of a result-
ing decline in forest health, loss of 
habitat diversity, wildfire, or insect or 
disease infestation, given fire and in-
sect and disease historic cycles, on— 
(aa) domestic water costs; 
(bb) wildlife habitat loss; 
and 
(cc) other economic and so-
cial factors. 
(5) EFFECT OF DECISION.—The decision of an 
arbitrator with respect to the forest management ac-
tivity— 
(A) shall not be considered a major Fed-
eral action; 
(B) shall be binding; and
596 
(C) shall not be subject to judicial review, 
except as provided in section 10(a) of title 9, 
United States Code. 
(6) DEADLINE
FOR
COMPLETION.—Not later 
than 90 days after the date on which the arbitration 
is filed with respect to the forest management activ-
ity, the arbitration process shall be completed. 
(h) TERMINATION.—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. 
Subtitle D—Tribal Forestry 
Participation and Protection 
SEC. 8401. PROTECTION OF TRIBAL FOREST ASSETS 
THROUGH USE OF STEWARDSHIP END RE-
SULT CONTRACTING AND OTHER AUTHORI-
TIES. 
(a) PROMPT
CONSIDERATION
OF
TRIBAL
RE-
QUESTS.—Section 2(b) of the Tribal Forest Protection 
Act of 2004 (25 U.S.C. 3115a(b)) is amended— 
(1) in paragraph (1), by striking ‘‘Not later 
than 120 days after the date on which an Indian 
tribe submits to the Secretary’’ and inserting ‘‘In re-
sponse to the submission by an Indian Tribe of’’; 
and