The Expedited Appeals Review Act (EARA) would create a fast-track process for certain Department of the Interior (DOI) Board of Land Appeals (BLA) appeals. A party appealing a DOI decision described in 43 CFR 4.1(b)(2) can elect expedited review by submitting written notice to the BLA. If elected, the Board must issue a final decision within six months after receiving that notice, but the deadline cannot be earlier than 18 months after the original appeal was filed. If the Board fails to issue a final decision by the deadline, the DOI decision becomes a final agency action for purposes of judicial review under 5 U.S.C. 704, and such review would be de novo rather than deferential to the agency. The Act applies to appeals pending at enactment or filed after, and the expedited deadline would override certain deadlines in related oil, gas, and mining laws when in conflict.
Key Points
- 1Establishes an expedited review option for certain DOI Board of Land Appeals appeals, allowing a faster final decision timeline if a party submits written intent to pursue expedited review.
- 2The expedited decision deadline is the later of 6 months after the written notice or 18 months after the original filing, ensuring a floor based on the initial filing date.
- 3If the Board misses the deadline, the DOI decision is treated as a final agency action eligible for judicial review under the Administrative Procedure Act, with de novo review (no presumption of agency findings).
- 4Applies to appeals that are already pending or filed after enactment; compatible with and potentially superseding conflicting deadlines in specified oil, gas royalty and mining statutes.
- 5Uses the Board of Land Appeals framework, and includes a constraint that the expedited timeline controls only where conflicts with the specified other statutory deadlines arise.