§580k — Title 16 Conservation | U.S. Code

Summary

When a majority of people holding grazing permits in a national forest (or part of one) ask for it, a local advisory board must be created and elected to speak for those permit holders. Boards must be chosen under rules the Secretary of Agriculture approves. Old boards that were recognized on April 24, 1950 stay in place until a new board is elected. Each board must have between 3 and 12 members who hold grazing permits in that area. A state wildlife official can be added as a member. Boards must meet at least once a year and more often if needed or when the chair, the Secretary, or the Secretary’s representative calls a meeting. If someone affected asks, the Secretary or a representative must send questions about changing, denying, reducing, or renewing a grazing permit, or about creating or changing allotments, to the local board for advice. The Secretary must give written reasons to the board if he or his representative rejects or changes the board’s recommendations. The Secretary must also notify affected boards at least 30 days before issuing any major grazing rule that would change policy or affect permit holders, and must give written reasons if he overrules the board’s suggestions. Boards may also recommend rules or instructions on grazing at any time.

Title 16, §580k

Conservation — Source: USLM XML via OLRC

(a)(1)To provide national forest grazing permittees means for the expression of their recommendations concerning the management and administration of national forest grazing lands, a local advisory board shall be constituted and elected as hereinafter provided for each national forest or administrative subdivision thereof, whenever a majority of the grazing permittees of such national forest or administrative subdivision so petitions the Secretary of Agriculture. Each elected local advisory board existing for such purpose on April 24, 1950, and recognized as such by the Department of Agriculture, shall continue to be the local advisory board for the unit or area it represents, until replaced by a local advisory board or boards constituted and elected as hereinafter provided.

(2)Each such local advisory board shall be constituted and elected under rules and regulations, consistent herewith, now or hereafter approved by the Secretary of Agriculture, and shall be recognized by him as representing the grazing permittees of the national forest or administrative subdivision thereof for which such local advisory board has been constituted and elected.

(3)Each such local advisory board shall consist of not less than three nor more than twelve members, who shall be national forest grazing permittees in the area for which such board is constituted, elected, and recognized. In addition, a wildlife representative may be appointed as a member of each such board by the State game commission, or the corresponding public body of the State in which the advisory board is located, to advise on wildlife problems.

(4)Each such local advisory board shall meet at least once annually, at a time to be fixed by such board, and at such other time or times as its members may determine, or on the call of the chairman thereof or of the Secretary of Agriculture or his authorized representative.

(b)Upon the request of any party affected thereby, the Secretary of Agriculture, or his duly authorized representative, shall refer to the appropriate local advisory board for its advice and recommendations any matter pertaining to (1) the modification of the terms, or the denial of a renewal of, or a reduction in, a grazing permit, or (2) the establishment or modification of an individual or community allotment. In the event the Secretary of Agriculture, or his duly authorized representative, shall overrule, disregard, or modify any such recommendations, he, or such representative, shall furnish in writing to the local advisory board his reasons for such action.

(c)(1)At least thirty days prior to the issuance by the Secretary of Agriculture of any regulation under section 490, 500, 504, 504a, 555, 557, 571c, 572, 579a, 580c to 580l, and 581 11 See References in Text note below. of this title or otherwise, with respect to the administration of grazing on national forest lands, or of amendments or additions to, or modifications in, any such regulation, which in his judgment would substantially modify existing policy with respect to grazing in national forests, or which would materially affect preferences of permittees in the area involved, the local advisory board for each area that will be affected thereby shall be notified of the intention to take such action. If as a result of this notice the Secretary of Agriculture shall receive any recommendation respecting the issuance of the proposed regulation and shall overrule, disregard, or modify any such regulations, he or his representative shall furnish in writing to the local advisory board his reasons for such action.

(2)Any such local advisory board may at any time recommend to the Secretary of Agriculture, or his representative, the issuance of regulations or instructions relating to the use of national forest lands, seasons of use, grazing capacity of such lands, and any other matters affecting the administration of grazing in the area represented by such board.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 581 of this title, referred to in subsec. (c)(1), was repealed by Pub. L. 95–307, § 8(a), June 30, 1978, 92 Stat. 356.

Statutory Notes and Related Subsidiaries

Termination of Advisory BoardsAdvisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See section 1001(2) and 1013 of Title 5, Government Organization and Employees.

§580k Grazing advisory boards