Expedited Appeals Review Act

Floor Speech

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Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 677) to establish a process to expedite the review of appeals of certain decisions by the Department of the Interior, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 677

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Expedited Appeals Review Act'' or the ``EARA''. SEC. 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) notwithstanding section 706 of title 5, United States Code, 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.

(d) Conflict.--In the event of a conflict between the deadline described in subsection (a) and a deadline under section 115(h) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(h)) or section 525(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1275(b)), the deadline described in subsection (a) shall control.

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Mr. WESTERMAN. 677, as amended, the bill now under consideration.

I rise today in support of H.R. 677, the Expedited Appeals Review Act, introduced by Representative Hageman. This bill addresses critical flaws currently plaguing the review process of the Interior Board of Land Appeals, or IBLA.

The IBLA functions as an appellate review body within the Department of the Interior. It is tasked with resolving the many disputes that arise in connection with the public lands and natural resources under the Department's jurisdiction.

With over 600 appeals pending before the IBLA, however, many cases go undecided and are simply left to expire. This effectively results in automatic denials even though no substantive decisions have been rendered.

Thankfully, H.R. 677 offers a needed off-ramp for appellants that the IBLA has left in limbo. Starting 1 year after filing the appeal, an appellant may submit a request that requires the IBLA to decide the case within 6 months.

If the IBLA fails to meet the new deadline, the case automatically becomes eligible for de novo judicial review outside of the Department. This solution will reduce the existing backlog while ensuring stakeholders receive their day in court.

Mr. Speaker, I urge all my colleagues to join me in support of H.R.

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Mr. WESTERMAN. Hageman), the lead sponsor of the bill.

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Mr. WESTERMAN. Mr. Speaker, this legislation will provide a more efficient and predictable form of recourse for those facing extended delays with their IBLA appeals.

Mr. Speaker, I commend my colleague from Wyoming (Ms. Hageman) for her work on this important subject. I urge all of my colleagues to join me in supporting H.R. 677, and I yield back the balance of my time.

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