EARA
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The bill would let parties appealing certain Interior Department land and mining decisions request an expedited review from the Interior Board of Land Appeals, requiring a final decision within 6 months of the request (but not before 18 months after the appeal was filed).
If the board misses that deadline, the underlying Interior decision would automatically become final and subject to full, no-deference court review, giving appellants a new lever to force faster agency action.
What this bill would do
What it would do
The bill would create an expedited-review option for parties appealing certain Department of the Interior decisions to the Interior Board of Land Appeals, which handles disputes over public lands, mining, and natural resources. A party could file written notice seeking expedited review, and the board would then have to issue a final decision within 6 months of that notice, though the deadline could not fall earlier than 18 months after the appeal was first filed.
If the board failed to meet that deadline, the Interior decision under appeal would automatically be treated as a final agency action, and any court reviewing it would do so de novo — without deferring to the agency's judgment. The provision would apply to appeals already pending when the bill is enacted as well as future appeals, and it would override conflicting deadlines in two named mining and royalty statutes.
Key provisions
- 1Would let a party appealing a covered Interior decision file written notice requesting expedited review by the Board of Land Appeals
- 2Would require the board to issue a final decision within 6 months of the request, but no earlier than 18 months after the appeal was filed
- 3Would deem the Interior decision a final agency action subject to de novo judicial review if the board misses the deadline
- 4Would apply to appeals already pending at enactment as well as appeals filed afterward
- 5Would make this deadline control over conflicting deadlines in the Federal Oil and Gas Royalty Management Act and the Surface Mining Control and Reclamation Act
Who would be affected
Parties who appeal Interior Department decisions on public lands, mining claims, or oil and gas royalties to the Interior Board of Land Appeals — including mining companies, oil and gas operators, landowners, and tribes — along with the Board of Land Appeals and the Department of the Interior itself.
Why it matters
Appellants facing long waits for board decisions would gain a way to force a faster resolution, and a missed deadline would trigger de novo court review without agency deference — a significant shift in leverage. This could speed up disputes over mining, land use, and royalty decisions that currently can languish before the board for years.
What would change
Changes to existing law
Amends 5 U.S.C. § 704 (Sec. 2(b))
Deems an Interior decision a final agency action under this section if the board misses the expedited review deadline
Amends 5 U.S.C. § 706 (Sec. 2(b))
Overrides normal deferential judicial review standard, requiring de novo review when the deadline is missed
Amends Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. § 1724(h)) (Sec. 2(d))
New expedited-review deadline would control over this Act's existing appeal deadline in case of conflict
Amends Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. § 1275(b)) (Sec. 2(d))
New expedited-review deadline would control over this Act's existing appeal deadline in case of conflict
Agencies directed to act
Effective dates
- The expedited review process applies to pending and future appeals
How implementation would work
Once enacted, a party with a pending or newly filed appeal before the Board of Land Appeals could file written notice requesting expedited review. That notice would start a 6-month clock for the board to rule, subject to a floor of 18 months from the original filing date. Missing the deadline would automatically convert the underlying Interior decision into a final, judicially reviewable action, and courts would apply de novo review rather than the normal deferential standard, effectively creating an enforcement backstop against agency delay.
Legislative status & sources
Latest action
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.
Official CRS summary
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This bill authorizes a party that files an appeal of a Department of the Interior decision with the Interior Board of Land Appeals to submit a written request for expedited review of the appeal. (The mission of the board is to provide an impartial forum within Interior for the resolution of disputes involving public lands and natural resources under Interior's jurisdiction.)
If a party submits such a request, the board must issue a final decision on the appeal not later than six months after the date on which the request for expedited review was received. However, the deadline may not be earlier than 18 months after the date on which the appeal was initially filed with the board.
If the deadline for expedited review is not met, Interior's decision is deemed a final agency action and is subject to de novo judicial review (i.e., without deference to the agency's decision).
This bill applies to appeals pending as of the date of enactment of this bill and appeals filed after the date of enactment.
Legislative subjects
Administrative law and regulatory procedures; Administrative remedies; Department of the Interior; Government Operations and Politics; Indian lands and resources rights; Land transfers; Land use and conservation; Mining
Committee report
H. Rept. 119-88