I 
117TH CONGRESS 
1ST SESSION H. R. 4579 
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 
JULY 20, 2021 
Mr. ROSENDALE (for himself, Mr. WESTERMAN, Mr. NEWHOUSE, Mr. BENTZ, 
Mr. LAMALFA, Mr. COLE, Mrs. BOEBERT, Mr. TIFFANY, and Mr. 
OBERNOLTE) 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 deter-
mined 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 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 2021’’. 
VerDate Sep 11 2014 
02:38 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4579.IH
H4579
pbinns on DSKJLVW7X2PROD with BILLS
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 
VerDate Sep 11 2014 
02:38 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4579.IH
H4579
pbinns on DSKJLVW7X2PROD with BILLS
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 
VerDate Sep 11 2014 
02:38 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4579.IH
H4579
pbinns on DSKJLVW7X2PROD with BILLS
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 
VerDate Sep 11 2014 
02:38 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4579.IH
H4579
pbinns on DSKJLVW7X2PROD with BILLS
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.— 
VerDate Sep 11 2014 
02:38 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4579.IH
H4579
pbinns on DSKJLVW7X2PROD with BILLS
(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.— 
VerDate Sep 11 2014 
02:38 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4579.IH
H4579
pbinns on DSKJLVW7X2PROD with BILLS
(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-
VerDate Sep 11 2014 
02:38 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4579.IH
H4579
pbinns on DSKJLVW7X2PROD with BILLS
point 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 objec-
tor 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 regula-
tions; 
(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 prop-
erty; 
(iii) habitat diversity; 
VerDate Sep 11 2014 
02:38 Aug 03, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4579.IH
H4579
pbinns on DSKJLVW7X2PROD with BILLS