§1739 — Title 43 Public Lands | U.S. Code

Summary

The Secretary must set up advisory councils of 10 to 15 people. Members should represent the main local interests about land use and public lands in that area. At least one member must be an elected local official. Appointments follow the Secretary’s rules, should avoid overlapping councils when possible, and must follow the rules in chapter 10 of title 5. Each council must meet at least once a year, and members are not paid except for travel and per diem for meetings the Secretary calls. Councils give advice to the Secretary on land planning and related actions like classification, retention, management, disposal, and other topics the Secretary sends them. The Secretary must also set procedures, including public hearings when appropriate, so governments and the public get notice and a chance to comment and take part in making and carrying out plans for public lands.

Title 43, §1739

Public Lands — Source: USLM XML via OLRC

(a)The Secretary shall establish advisory councils of not less than ten and not more than fifteen members appointed by him from among persons who are representative of the various major citizens’ interests concerning the problems relating to land use planning or the management of the public lands located within the area for which an advisory council is established. At least one member of each council shall be an elected official of general purpose government serving the people of such area. To the extent practicable there shall be no overlap or duplication of such councils. Appointments shall be made in accordance with rules prescribed by the Secretary. The establishment and operation of an advisory council established under this section shall conform to the requirements of chapter 10 of title 5.

(b)Notwithstanding the provisions of subsection (a) of this section, each advisory council established by the Secretary under this section shall meet at least once a year with such meetings being called by the Secretary.

(c)Members of advisory councils shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary.

(d)An advisory council may furnish advice to the Secretary with respect to the land use planning, classification, retention, management, and disposal of the public lands within the area for which the advisory council is established and such other matters as may be referred to it by the Secretary.

(e)In exercising his authorities under this Act, the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards and criteria for, and to participate in, the preparation and execution of plans and programs for, and the management of, the public lands.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (e), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Amendments

2022—Subsec. (a). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (86 Stat. 770).” 1978—Subsec. (a). Pub. L. 95–514 substituted in first sentence “shall establish” for “is authorized to establish”.

Statutory Notes and Related Subsidiaries

Termination of Advisory CouncilsAdvisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council 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.

§1739 Advisory Councils