43 U.S.C. § 1739 — Advisory councils
submitted 50 years ago by Pub. L. 94-579 to r/title-43-PUBLIC-LANDS · 319 words · no verdicts yet
The Secretary must establish advisory councils of 10 to 15 members representing major public interests in local public-land issues. The section sets their meetings, compensation, advisory role, and public-participation procedures.
(a) Establishment; membership; operation.—The Secretary must establish advisory councils with 10 to 15 members appointed from people representing the major citizen interests concerning land-use planning or public-land management in the council’s area. At least one member must be an elected general-purpose-government official serving that area. As far as practicable, councils may not overlap or duplicate one another. The Secretary sets appointment rules. Establishing and operating a council must follow chapter 10 of title 5.
(b) Meetings.—Despite (a), each council must meet at least once a year, at meetings called by the Secretary.
(c) Travel and per diem.—Members serve without pay, but receive travel and per diem for meetings the Secretary calls.
(d) Functions.—A council may advise the Secretary about land-use planning, classification, retention, management, and disposal of public lands in its area, and about other matters the Secretary refers to it.
(e) Public participation.—By regulation, the Secretary must establish procedures, including public hearings when appropriate, giving Federal, State, and local governments and the public adequate notice and an opportunity to comment on standards and criteria and to participate in preparing, carrying out, and managing public-land plans and programs.
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.
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.
Members of advisory councils shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary.
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.
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.
Source credit: (Pub. L. 94–579, title III, § 309, Oct. 21, 1976, 90 Stat. 2767; Pub. L. 95–514, § 13, Oct. 25, 1978, 92 Stat. 1808; Pub. L. 117–286, § 4(a)(285), Dec. 27, 2022, 136 Stat. 4337.)
- 1976Enacted · Pub. L. 94-579 · 90 Stat. 2767
- 1978Amended · Pub. L. 95-514 · 92 Stat. 1808
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4337
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-579 on 1976-10-21.
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