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119-hr-677119th Congress

EARA

Sponsored By: Representative Hageman, Harriet M. [R-WY-At Large]

Passed House

Summary

Creates a mandatory expedited review process for certain Department of the Interior appeals. This proposal would force faster Board of Land Appeals decisions for covered appeals and shift unresolved cases to de novo court review if the Board misses the deadline.

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  • Parties appealing DOI decisions: can file a written notice to trigger an expedited timeline that aims for a Board final decision within 6 months after the notice, with a floor that the 6-month clock cannot start earlier than 18 months after the original appeal filing.
  • Board of Land Appeals and the Department of the Interior: must meet the new expedited deadline for covered appeals, and that deadline overrides conflicting timelines in the Federal Oil and Gas Royalty Management Act and the Surface Mining Control and Reclamation Act.
  • Federal courts: if the Board fails the expedited deadline the DOI decision is deemed final and courts review the matter de novo, increasing judicial scrutiny of the agency outcome.

*Appeals would move faster and missed deadlines convert agency decisions into final actions subject to de novo judicial review.*

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Faster appeals for Interior land decisions

If enacted, this would create a fast-track option for certain Interior Department appeals to the Board of Land Appeals. It would cover appeals listed in 43 C.F.R. 4.1(b)(2) (or later versions). A party would file a written notice asking for expedited review. The Board would have to issue a final decision within 6 months of that notice, but not earlier than 18 months after the appeal was first filed. It would apply to appeals already pending at enactment and to new appeals filed after. If the Board misses the deadline, the Interior decision would be treated as final and a court would review it again from the start. If other laws set different timelines in 30 U.S.C. 1724(h) or 30 U.S.C. 1275(b), this expedited deadline would control.

Sponsors & CoSponsors

Sponsor

Hageman, Harriet M. [R-WY-At Large]

WY • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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