EARA
Sponsored By: Representative Hageman
Passed House
Summary
Expedited appeals process for certain Department of the Interior decisions. This bill would let parties ask the Board of Land Appeals for faster review and changes how missed deadlines affect judicial review.
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- Appellants: A party could submit written notice to seek expedited review. After notice the Board must issue a final decision within 6 months, but not earlier than 18 months after the appeal was first filed.
- Board of Land Appeals and Interior: The Board would face new fixed deadlines for covered appeals. If those deadlines conflict with deadlines in the Federal Oil and Gas Royalty Management Act or the Surface Mining Control and Reclamation Act this bill's deadline controls.
- Courts and litigation: If the Board misses the deadline the Interior decision is treated as a final agency action and courts would review it de novo.
- Scope: The rule would apply to appeals already pending on enactment and to appeals filed afterward.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Faster appeals on Interior land decisions
If enacted, parties who appeal certain Interior Department decisions could ask for faster review. They would send a written notice to the Board of Land Appeals. The Board would have to decide by the later of 6 months after the notice or 18 months after the appeal was first filed. This would apply to appeals already pending at enactment and new appeals after. If the Board misses the deadline, the Interior decision would count as final agency action and a court would take a fresh look (de novo). This deadline would override conflicting timelines in some oil, gas, or mining laws.
Sponsors & CoSponsors
Sponsor
Hageman
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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