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Title II — Judicial review of agency actions relating to Exploration and Mine Permits

H.R. 761 · 113th Congress · Sep 19, 2013 · Lineage

II Judicial review of agency actions relating to Exploration and Mine Permits

Sec. 201 Definitions for title

In this title the term covered civil action means a civil action against the Federal Government containing a claim under section 702 of title 5, United States Code, regarding agency action affecting a mineral exploration or mine permit.

Sec. 202 Timely filings

A covered civil action is barred unless filed no later than the end of the 60-day period beginning on the date of the final Federal agency action to which it relates.

Sec. 203 Right to intervene

The holder of any mineral exploration or mine permit may intervene as of right in any covered civil action by a person affecting rights or obligations of the permit holder under the permit.

Sec. 204 Expedition in hearing and determining the action

The court shall endeavor to hear and determine any covered civil action as expeditiously as possible.

Sec. 205 Limitation on prospective relief

In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation.

Sec. 206 Limitation on attorneys’ fees

Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs.