43 U.S.C. § 316m: Hearing and appeals

Summary

A person who has or is applying for grazing rights, including people named in section 316l(c), can ask for a hearing to review any action or decision by an officer or employee of the Department of the Interior about those rights. To get a hearing, they must file an application with the local land office officer the Secretary names, say what decision they object to, and why. The officer will review the matter under the usual contest rules, and anyone with an interest may appeal that officer’s decision to the Secretary, following those practice rules. The Secretary must not take any action that would hurt lease rights under this subchapter until the leaseholder is told the action is proposed and given a chance for a hearing.

Title 43, §316m

Public Lands, Source: USLM XML via OLRC

(a)Any lessee of or applicant for grazing privileges, including any person described in subsection (c) of section 316l of this title, may procure a review of any action or decision of any officer or employee of the Interior Department in respect of such privileges, by filing with such officer as the Secretary of the Interior may designate of the local land office an application for a hearing, stating the nature of the action or decision complained of and the grounds of complaint. Upon the filing of any such application such officer of such land office shall proceed to review such action or decision as nearly as may be in accordance with the rules of practice then applicable to applications to contest entries under the public land law. Subject to such rules of practice, appeals may be taken by any party in interest from the decision of such officer to the Secretary.

(b)The Secretary shall take no action which will adversely affect rights under any lease pursuant to this subchapter until notifying the holder of such lease that such action is proposed and giving such holder an opportunity for a hearing.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 471m of Title 48, Territories and Insular Possessions.

Amendments

1968—Pub. L. 90–403 designated existing provisions as subsec. (a) and added subsec. (b).

Executive Documents

Transfer of Functions

“Secretary” substituted for “Commissioner of the General Land Office” and “such officer as the Secretary of the Interior may designate” and “such officer” substituted for “register” on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished General Land Office and Commissioner thereof and transferred functions of General Land Office to a new agency in Department of the Interior to be known as Bureau of Land Management, and functions of Commissioner of General Land Office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.

§316m Hearing and Appeals