I

106TH CONGRESS

1ST SESSION H. R. 1864

To standardize the process for conducting public hearings for Federal agencies

within the Department of the Interior.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1999

Mr. HANSEN introduced the following bill; which was referred to the

Committee on Resources

A BILL

To standardize the process for conducting public hearings

for Federal agencies within the Department of the Interior.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Public Hearing Stand5 ardization Act of 1999’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) Public hearings are a significant part of the

9 process used by Federal agencies to obtain public

10 input.
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1 (2) Public hearings are important to the public

2 and should allow their comments to become part of

3 the official record of agency actions, provide a forum

4 for the public to ask questions of the Federal agen5 cies, and allow the public to receive from the Federal

6 agencies meaningful responses to questions as part

7 of the official record of agency actions.

8 (3) Federal agencies do not have a standard

9 procedure in accordance with which their public

10 hearings are conducted. As a result, Federal agen11 cies have total discretion in setting rules for public

12 hearings. These rules frequently do not require the

13 Federal agencies to respond to legitimate questions

14 asked by the public.

15 (4) Standardizing the procedure in accordance

16 with which Federal agencies conduct public hearings

17 is necessary to help ensure that the public under18 stands the public hearing process and can partici19 pate appropriately in that process.

20 SEC. 3. REGULATIONS ESTABLISHING REQUIREMENTS FOR

21 CONDUCTING PUBLIC HEARINGS.

22 (a) REGULATIONS REQUIRED.—The Secretary of the

23 Interior shall establish by regulation general requirements

24 for conducting public hearings on certain agency actions.
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1 (b) CONTENT OF REGULATIONS.—Regulations issued

2 pursuant to subsection (a) shall be designed to help ensure

3 that the public understands and can fully participate in

4 public hearings held pursuant to such regulations and

5 shall, at a minimum, establish the following:

6 (1) Agency actions regarding which a public

7 hearing is required or appropriate.

8 (2) A process whereby the public shall be given

9 timely notice of public hearings.

10 (3) A process in accordance with which public

11 hearings shall be conducted. Such a process shall in12 clude an opportunity during the hearings for mem13 bers of the public to ask the Federal agency con14 ducting the hearings questions regarding the subject

15 matter of the hearings.

16 (4) A process to ensure that the public shall

17 have a reasonable expectation of meaningful and

18 timely answers to questions posed at public hearings.

19 (5) The proceedings of a public hearing shall

20 become part of the official record of the agency ac21 tion in regard to which the hearing is held.

22 SEC. 4. EFFECT OF OTHER LAWS.

23 Nothing in this Act shall be construed to limit, re24 place, or interfere with other opportunities for public com25 ment on, participation in, or influence on agency decision-
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1 making pursuant to the National Environmental Policy

2 Act of 1969, the Administrative Procedure Act, or any

3 other law or policy which provides for such opportunities.

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