16 U.S.C. § 580k: Grazing advisory boards

Summary

Creates local advisory boards made up of grazing permit holders for each national forest area when a majority of those permit holders ask the Secretary of Agriculture for one. Boards must be chosen by election under rules the Secretary approves. Boards keep going if they already existed and were recognized on April 24, 1950, until a new board is elected. Each board must have 3 to 12 members who hold grazing permits in that area. The State game agency can add a wildlife adviser. Each board must meet at least once a year and more often if needed or when the chair or the Secretary calls a meeting. The Secretary or a representative must send matters to the local board for advice if an affected party asks. These matters include changes to a permit’s terms, denial of a renewal, reductions in a permit, or setting up or changing allotments. If the Secretary ignores or changes the board’s advice, he must give the board written reasons. The Secretary must also tell any affected local board at least 30 days before issuing major new grazing rules that would change policy or affect permit preferences. Boards may also offer rules or other recommendations to the Secretary at any time.

Title 16, §580k

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(a)Composition; election meetings

(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)Advice and recommendations on matters within jurisdiction

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)Notification by Secretary of Agriculture of intention to issue regulations; recommendations; written explanation of reasons for overruling

(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 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