Public Participation in Federal Agency Proceedings Act

Summary

Public Participation in Federal Agency Proceedings Act - Entitles any person to recover reasonable attorneys' fees and other costs of participation incurred by such person in any Federal agency proceeding if the participation of such person promotes or can reasonably be expected to promote a full and fair determination of the issues involved in the proceeding and the economic interest of such person in the outcome is small compared to the costs of participation in such proceeding, or such person does not have sufficient resources to participate effectively in such proceeding in the absence of an award under this Act. Requires each agency, whenever practicable, to determine, prior to the commencement of any proceeding, the eligibility of a person for an award under this Act and the amount of such award. Requires payment of such an award, where necessary, prior to the conclusion of such proceeding but in no event later than 90 days after the conclusion of such proceeding. Directs the head of each agency to report annually to Congress with respect to awards made under this Act. Entitles any person who is a party to, or intervenor in, any civil suit or proceeding for judicial review of agency action to costs incurred by such person in litigation if such person is afforded the relief sought in substantial measure, the court determines that such action served an important public purpose, the economic interest of such person in the outcome of such action is small compared with the cost of litigation, and the person does not have sufficient resources to participate effectively in such action absent an an award under this Act. Directs the Administrative Office of the United States Courts to report annually to Congress with respect to awards granted by courts of the United States under this Act. Authorizes to be appropriated for agency awards under this Act, $10,000,000 each year for fiscal years 1978, 1979, and 1980. Authorizes to be appropriated for judicial awards under this Act such sums as may be necessary. (Adds 5 USC 558a; 707)

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1 official file

• Introduced in Senate

  summary · EN · 14 January 1977

  Open at official source

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