16 U.S.C. § 460zzz–6: Advisory Council

Summary

Within 180 days after March 30, 2009, the Secretary must create an advisory council called the Dominguez-Escalante National Conservation Area Advisory Council. The council’s job is to advise the Secretary on making and carrying out the management plan. The council must follow chapter 10 of title 5 and the Federal Land Policy and Management Act of 1976. The Secretary must appoint 10 members. To the extent possible, appointments include 1 recommended by Mesa County, 1 by Montrose County, 1 by Delta County, 1 by grazing permittees in the area, and 5 residents of or near those counties with backgrounds that match the area’s purposes and stakeholder interests. The Secretary must keep the council balanced in viewpoints. The council ends 1 year after the management plan is adopted.

Title 16, §460zzz–6

Conservation, Source: USLM XML via OLRC

(a)Establishment

Not later than 180 days after March 30, 2009, the Secretary shall establish an advisory council, to be known as the “Dominguez-Escalante National Conservation Area Advisory Council”.

(b)Duties

The Council shall advise the Secretary with respect to the preparation and implementation of the management plan.

(c)Applicable law

The Council shall be subject to—

(1)chapter 10 of title 5; and

(2)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(d)Members

The Council shall include 10 members to be appointed by the Secretary, of whom, to the extent practicable—

(1)1 member shall be appointed after considering the recommendations of the Mesa County Commission;

(2)1 member shall be appointed after considering the recommendations of the Montrose County Commission;

(3)1 member shall be appointed after considering the recommendations of the Delta County Commission;

(4)1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Area or the Wilderness; and

(5)5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County, Colorado, with backgrounds that reflect—

(A)the purposes for which the Conservation Area or Wilderness was established; and

(B)the interests of the stakeholders that are affected by the planning and management of the Conservation Area and Wilderness.

(e)Representation

The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council.

(f)Duration

The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of Title 43 and Tables.

Amendments

2022—Subsec. (c)(1). Pub. L. 117–286 substituted “chapter 10 of title 5;” for “the Federal Advisory Committee Act (5 U.S.C. App.);”.

§460zzz–6 Advisory Council