Plain Language Summary
# Expedited Appeals Review Act (EARA) Summary **What the bill does:** The Expedited Appeals Review Act would allow parties appealing Department of Interior decisions to request faster processing of their appeals through the Interior Board of Land Appeals. If expedited review is requested, the board would have to issue a final decision within six months of the request (but not sooner than 18 months after the original appeal was filed). If the Interior Board misses this deadline, the Interior Department's original decision automatically becomes final and can be challenged in court without courts being required to defer to the agency's interpretation. **Who it affects:** This bill impacts anyone who appeals Interior Department decisions related to public lands and natural resources—including ranchers, miners, energy companies, Native American tribes, conservation groups, and land developers.
It also applies to pending appeals that were already filed before the bill becomes law. **Current status:** The bill has passed the House of Representatives. It now moves to the Senate for consideration. The bill addresses administrative procedures rather than creating new substantive land policy, making the appeals process more time-bound while potentially giving courts more authority to overturn Interior decisions that miss the deadline.
CRS Official Summary
Expedited Appeals Review Act or the EARAThis 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.
Latest Action
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.