On the recordNovember 1, 2017
My amendment strikes section 311 from the bill. This section would create a forced arbitration program for forestry management. This section of the bill, in my view, usurps judicial oversight. While many agencies conduct quasi-judicial proceedings, there are still agency actions that are appealable to the courts. Judicial oversight and separation of powers is a core principle of our democracy. The arbitration would be binding, effectively making the Secretary of Agriculture the final judge and depriving the courts of their oversight role. While the bill terms this as discretionary arbitration, the discretion ultimately lies only with the Secretary of Agriculture. The public has no discretion over whether to submit to binding arbitration or not. The public's right to challenge an action or inaction in court is an important check on the executive branch. Shielding an agency from review by independent Federal courts could harm access to justice. The Secretary of Agriculture can designate any objection for binding arbitration up to ten times per year in each of the nine Forest Service regions and each of the 14 State regions. {time} 1630 This allows the Secretary of Agriculture to effectively dismiss about 230 cases every year. According to the Department of Justice, in 2016, the total amount of civil matters and cases brought against the United States with an environmental or land cause of action was only 350.…





