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Title 43 — Public Lands

Chapter 35 — Federal Land Policy and Management

§ 1739. Advisory councils

Statutory text

(a)

Establishment; membership; operation

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)

Meetings

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)

Travel and per diem payments

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)

Functions

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)

Public participation; procedures applicable

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 94–579 title III § 309 · 90 Stat. 2743

    Enacted · 43 U.S.C. § 1739

    Pub. L. 94–579, title III, § 309, Oct. 21, 1976, 90 Stat. 2767

    Source evidence

    Code source credit
    Pub. L. 94–579, title III, § 309, Oct. 21, 1976, 90 Stat. 2767

    Enacted provision · exact public law section
    Sec. 309. advisory councils and public participation (a) The Secretary is authorized to establish advisory councils 43 USC 1739. 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 hinds 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 the Federal Advisory Committee Act (86 Stat. 770; 5 U.S.C. App. 1). (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) Member’s 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 lie 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.

  2. Public Rangelands Improvement Act of 1978

    Pub. L. 95–514 § 13 · 92 Stat. 1803

    Substituted · 43 U.S.C. § 1739(a)

    Pub. L. 95–514 substituted in first sentence “shall establish” for “is authorized to establish”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–514 substituted in first sentence “shall establish” for “is authorized to establish”.

    Enacted provision · exact public law section
    Sec. 13. advisory councils The first line of section 309(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1739) is amended by deleting “is authorized to” and inserting in lieu thereof “shall”.

  3. Pub. L. 117–286 § 4(a)(285) · 136 Stat. 4196

    Substituted · 43 U.S.C. § 1739(a)

    Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (86 Stat. 770).”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (86 Stat. 770).”

    Enacted provision · exact public law section
    (285) Section 309(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1739(a)) is amended by striking “the Federal Advisory Committee Act (86 Stat. 770; 5 U.S.C. App. 1).” and inserting “chapter 10 of title 5, United States Code.”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

This Act, referred to in subsec. (e), is Pub. L. 94–579, , 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.

Amendments1978–2022 · 2 rounds

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 Councils

Advisory councils established after , 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 sections 1001(2) and 1013 of Title 5, Government Organization and Employees.

Credits

1976–2022 · 3 acts
  1. 1976Pub. L. 94–579, title III, § 309, , 90 Stat. 2767
  2. 1978Pub. L. 95–514, § 13, , 92 Stat. 1808
  3. 2022Pub. L. 117–286, § 4(a)(285), , 136 Stat. 4337.
Show as published

(Pub. L. 94–579, title III, § 309, , 90 Stat. 2767; Pub. L. 95–514, § 13, , 92 Stat. 1808; Pub. L. 117–286, § 4(a)(285), , 136 Stat. 4337.)

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