; (B) selecting an alternative proposal submitted by the applicable participant; or (C) rejecting both projects described in subparagraphs (A) and (B). (3) Limitations (A) Administrative record The evidence before an arbitrator under this subsection shall be limited solely to the administrative record for the project. (B) No modifications to proposals An arbitrator may not modify any proposal contained in a request for initiation of arbitration of a participant under this Act. (i) Intervention A party may intervene in an arbitration under this Act if, with respect to the project to which the arbitration relates, the party— (1) meets the requirements of Rule 24(a) of the Federal Rules of Civil Procedure (or a successor rule); or (2) participated in the applicable collaborative process referred to in clause (i) or (ii) of subsection (c)(1)(A). (j) Scope of review In carrying out arbitration for a project, the arbitrator shall set aside the agency action, findings, and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, within the meaning of section 706(2)(A) of title 5, United States Code. (k) Deadline for completion of arbitration Not later than 90 days after the date on which a request to initiate arbitration is filed under subsection (f)(2), the arbitrator shall make a decision with respect to the request to initiate arbitration. (l) Effect of arbitration decision A decision of an arbitrator under this Act— (1) shall not be considered to be a major Federal action; (2) shall be binding; and (3) shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code. (m) Administrative costs (1) In general The Secretary shall— (A) be solely responsible for the professional fees of arbitrators participating in the pilot program