[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1866 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1866

To provide a process for the public to appeal certain decisions made by 
 the National Park Service and by the United States Fish and Wildlife 
                                Service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 1999

  Mr. Hansen introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To provide a process for the public to appeal certain decisions made by 
 the National Park Service and by the United States Fish and Wildlife 
                                Service.

    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 ``Public Appeals Parity Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The American public has an inalienable and legitimate 
        interest in Federal lands and decisions made by Federal 
        agencies in regard to the management of such lands.
            (2) Decisionmaking by appropriate officials is an important 
        and necessary function for Federal land management agencies.
            (3) Two primary Federal land management agencies, the 
        United States Forest Service and the Bureau of Land Management, 
        currently have an internal administrative process whereby the 
        public can appeal certain land management decisions made by 
        these agencies pursuant to the National Environmental Policy 
        Act of 1969.
            (4) A similar administrative appeal process whereby the 
        public can appeal certain land management decisions made by the 
        National Park Service and the United States Fish and Wildlife 
        Service is proper and equitable.

SEC. 3. ESTABLISHMENT OF APPEAL PROCESS.

    (a) Regulations Required.--The Secretary of the Interior shall 
establish by regulation procedures for an administrative appeals 
process for decisions made pursuant to the National Environmental 
Policy Act of 1969 by the National Park Service or the United States 
Fish and Wildlife Service.
    (b) Content of Regulations.--Regulations developed by the Secretary 
pursuant to this section shall, at a minimum, include the following:
            (1) The type of agency decisions that may be appealed.
            (2) Who may appeal such agency decisions.
            (3) The responsibilities of the parties in an appeal.
            (4) Procedures that apply to appealing the decision. Such 
        procedures shall afford the public an opportunity to appeal the 
        decision prior to the implementation of that decision.
            (5) A process whereby the public is given timely 
        notification of a decision which the public has a right to 
        appeal.

SEC. 4. EFFECT ON OTHER LAWS.

    Nothing in this Act shall be construed to limit, replace, or 
interfere with other opportunities for public comment on, or 
participation in, or influence on agency decisionmaking pursuant to the 
Administrative Procedure Act or any other law or policy which provides 
for such opportunities.
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