EARA

Bill: 118-hr-10005
Sponsor: full_name: Rep. Hageman, Harriet M. [R-WY-At Large]
Introduced: 2024-10-18
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Administrative remedies

Department of the Interior

Indian lands and resources rights

Land transfers

Land use and conservation

Mining
Latest action: action_date: 2024-11-19
text: Subcommittee Hearings Held

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 10005 IN THE HOUSE OF REPRESENTATIVES October 18, 2024 Ms. Hageman (for herself, Mr. Hunt , Mr. Stauber , Mr. Carl , Mr. Tiffany , Mr. Gosar , and Mr. Newhouse ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish a process to expedite the review of appeals of certain decisions by the Department of the Interior.

1. Short title This Act may be cited as the Expedited Appeals Review Act or the EARA . 2. Expedited reviews (a) Request for expedited review A party that files an appeal of a Department of the Interior decision described under section 4.1(b)(2) of title 43, Code of Federal Regulations (or any successor regulations), with the Board of Land Appeals may submit to the Board of Land Appeals written notice of such party’s intent to seek expedited review of the appeal. If a party submits such written notice, the Board of Land Appeals shall issue a final decision on the appeal by not later than the date that is 6 months after the date on which such written notice is received, except such deadline may not be earlier than the date that is 18 months after the date on which the appeal was initially filed with the Board of Land Appeals. (b) No final decision If the Board of Land Appeals does not issue a final decision on an appeal by the deadline described in subsection (a)— (1) the Department of the Interior decision is deemed to be a final agency action for purposes of section 704 of title 5, United States Code; and (2) judicial review of such decision shall be de novo. (c) Applicability This section shall apply to any appeal described in subsection (a) that— (1) is pending before the Board of Land Appeals as of the date of enactment of this Act; or (2) is filed with the Board of Land Appeals after the date of enactment of this Act.