108th CONGRESS
1st Session
H. R. 1062
To require the Secretary of the Interior to make reimbursement for
certain damages incurred as a result of bonding regulations adopted by the
Bureau of Land Management on February 28, 1997, and subsequently determined
to be in violation of Federal law.
IN THE HOUSE OF REPRESENTATIVES
March 4, 2003
Mr. GIBBONS introduced the following bill; which was referred to the Committee
on Resources
A BILL
To require the Secretary of the Interior to make reimbursement for
certain damages incurred as a result of bonding regulations adopted by the
Bureau of Land Management on February 28, 1997, and subsequently determined
to be in violation of Federal law.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. REIMBURSEMENT.
(a) REQUIREMENT- The Secretary of the Interior (in this section referred to
as the `Secretary') shall reimburse all private and public entities in Nevada
for all monetary damages incurred as a result of the bonding regulations promulgated
by the Secretary on February 28, 1997 (43 C.F.R. 3809), that were determined
by the United States District Court for the District of Columbia on May 13,
1998 (Northwest Mining Association v. Bruce Babbitt, Secretary, U.S. Department
of Interior, et al., Case No. 97-1013), to have been adopted in violation
of the Regulatory Flexibility Act.
(b) CLAIMS- Any private or public entity in Nevada may submit a claim for
such damages to the Secretary for reimbursement under this section. Such claim
shall be supported by evidence showing that the damages were caused by the
bonding regulations. Unless the Secretary finds within 90 days after receipt
of the claim that the damages were not caused, in whole or in part, by such
regulations, the Secretary shall make reimbursement to the claimant within
such 90-day period.
(c) APPEALS- Any private or public entity that submits a claim in accordance
with this section that is rejected by the Secretary--
(1) shall have a right to an appeal of the matter to the State court of
competent jurisdiction in the State in which the entity is domiciled; and
(2) shall have the right to a civil trial by jury if the amount in dispute,
including litigation costs, is $20,000 or greater.
END
