EARA
Officially: “EARA” Read the full text
What it does
Read it in plain language
1Short title
This section says the Act may be called the Expedited Appeals Review Act or EARA.
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1. Short title This Act may be cited as the Expedited Appeals Review Act or the EARA .
2Expedited reviews
This section would let a party that has filed an appeal with the Board of Land Appeals over a Department of the Interior decision described in section 4.1(b)(2) of title 43 of the Code of Federal Regulations submit a written notice asking for expedited review of that appeal. Once the party submits that notice, the Board of Land Appeals would have to issue a final decision on the appeal no later than 6 months after the notice is received, except that this deadline could not fall earlier than 18 months after the date the appeal was originally filed with the Board, so the earliest a decision could be forced is 18 months after the original filing date. If the Board did not issue a final decision by that deadline, the underlying Department of the Interior decision would be treated as a final agency action for purposes of section 704 of title 5, United States Code, and any judicial review of that decision would be de novo, meaning a court would decide the matter fresh rather than deferring to the agency's findings. This section would apply to appeals of this kind that are already pending before the Board of Land Appeals on the date this Act is enacted, as well as to appeals filed with the Board after that date.
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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.
Where it is
In the House.