I 
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 Com-
mittee on Natural Resources, and in addition to the Committees on Agri-
culture, and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish an arbitration process pilot program as an alter-
native 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Forest Litigation Re-
form Act of 2023’’. 
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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 ac-
tivity. 
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 ap-
plies to any agency action as part of a qualified forest 
management activity, the court reviewing the agency ac-
tion shall balance the impact to the ecosystem likely af-
fected by the forest management activity of— 
(1) the short- and long-term effects of under-
taking the agency action; against 
(2) the short- and long-term effects of not un-
dertaking the action. 
(b) TIME LIMITATIONS FOR INJUNCTIVE RELIEF.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the length of any preliminary injunctive relief and 
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stays pending appeal that applies to any agency ac-
tion 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 ap-
peal, granted under paragraph (1). 
(B) UPDATES.—In each renewal of an in-
junction in an action, the parties to the action 
shall present the court with updated informa-
tion on the status of the authorized forest man-
agement activity. 
SEC. 4. USE OF ARBITRATION INSTEAD OF LITIGATION TO 
ADDRESS CHALLENGES TO FOREST MANAGE-
MENT ACTIVITIES. 
(a) DISCRETIONARY ARBITRATION PROCESS PILOT 
PROGRAM.— 
(1) IN
GENERAL.—The Secretary of Agri-
culture, 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 
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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 for-
est management activities for arbitration under the 
arbitration pilot program established under para-
graph (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 fis-
cal 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 con-
cerned that an objection or protest to a quali-
fied forest management activity is an activity 
described under paragraph (2) shall not be sub-
ject to judicial review. 
(4) 
DETERMINING
AMOUNT
OF
ARBITRA-
TIONS.—An objection or protest to a qualified forest 
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management activity shall not be counted towards 
the limitation on number of arbitrations under para-
graph (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 pro-
gram; and 
(B) the arbitration proceeding has com-
menced with respect to such objection or pro-
test. 
(5) TERMINATION.— 
(A) IN GENERAL.—The pilot programs es-
tablished pursuant to paragraph (1) shall ter-
minate on the date that is 7 years after the 
date of the enactment of this Act. 
(B) ACTIVITY IN ARBITRATION.—An objec-
tion or protest to a qualified forest management 
activity that has commenced but has not com-
pleted arbitration on the date of termination 
under subparagraph (A) shall continue until 
such arbitration is completed. 
(b) INTERVENING PARTIES.— 
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(1) REQUIREMENTS.—Any person that sub-
mitted 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 sub-
mitted under subparagraph (B); or 
(B) by submitting a proposal to further 
modify the qualified forest management activ-
ity. 
(2) DEADLINE FOR SUBMISSION.—With respect 
to an objection or protest that is designated for arbi-
tration under this subsection (a), a request to inter-
vene 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.— 
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(1) APPOINTMENT.—The Secretary of Agri-
culture and the Secretary of the Interior shall jointly 
develop and publish a list of not fewer than 20 indi-
viduals 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 indi-
vidual 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
DAYS.—In 
the case of an agreement with respect to a mu-
tually acceptable arbitrator not being reached 
within the 14-day limit described in subpara-
graph (A), the Secretary concerned shall ap-
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(iv) wildfire potential; 
(v) insect and disease potential; 
(vi) timber production; and 
(vii) the implications of a resulting de-
cline in forest health, loss of habitat diver-
sity, wildfire, or insect or disease infesta-
tion, given fire and insect and disease his-
toric 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 arbi-
trator with respect to the qualified forest management ac-
tivity 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 
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respect to the qualified forest management activity, the 
arbitration process shall be completed. 
SEC. 5. DEFINITION. 
In this Act: 
(1) COLLABORATIVE PROCESS.—The term ‘‘col-
laborative process’’ means a process relating to the 
management of National Forest System lands or 
public lands by which a project or forest manage-
ment activity is developed and implemented by the 
Secretary concerned through collaboration with mul-
tiple interested persons representing diverse inter-
ests. 
(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 Range-
land 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 
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1976 (43 U.S.C. 1702), except that the term in-
cludes Coos Bay Wagon Road Grant lands and Or-
egon and California Railroad Grant lands. 
(5) QUALIFIED FOREST MANAGEMENT ACTIV-
ITY.—The term ‘‘qualified forest management activ-
ity’’ means any forest management activity that— 
(A) will occur on lands identified as the 
Secretary concerned as suitable for timber pro-
duction; and 
(B) meets at least one of the following con-
ditions: 
(i) The forest management activity 
will occur on lands designated by the Sec-
retary (or designee thereof) pursuant to 
section 602(b) of the Healthy Forests Res-
toration 
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. 
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(iv) The forest management activity is 
covered by a community wildfire protection 
plan. 
(6) RESOURCE
ADVISORY
COMMITTEE.—The 
term ‘‘resource advisory committee’’ has the mean-
ing given that term in section 201 of the Secure 
Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7121). 
Æ 
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