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43 U.S.C. § 316mHearing and appeals

submitted 99 years ago by ch. 513 to r/title-43-PUBLIC-LANDS · 193 words · no verdicts yet

in plain englishAI-generated · not legal advice

A lessee or applicant can ask for a hearing to challenge an Interior Department decision. They file with a local land office and can appeal to the Secretary. The Secretary must warn a leaseholder before taking any action that hurts their rights. The leaseholder gets a chance for a hearing first.

This section gives lessees and applicants a way to challenge decisions and requires warning before rights are harmed. (a) Right to a hearing and appeal. Any lessee of grazing privileges, or anyone applying for them — including the native and half-breed grazing allotment holders described in section 316l(c) — can get a decision reviewed. To do this, they file an application for a hearing with the officer the Secretary designates at the local land office. The application must state what action or decision is being challenged and why. The land office officer then reviews the matter following the same rules of practice used for contesting entries under public land law. From there, any interested party can appeal the officer's decision up to the Secretary. (b) Notice before harming lease rights. The Secretary cannot take any action that would hurt rights under a lease without warning first. The Secretary must notify the leaseholder that the action is being proposed, and must give the leaseholder a chance for a hearing before it happens.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Mar. 4, 1927, ch. 513, § 14, 44 Stat. 1454; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 90–403, § 3, July 18, 1968, 82 Stat. 358.)

history & why it existsrecord from the source credit
  • 1927Enacted · Act of Mar. 4, 1927, ch. 513 · 44 Stat. 1454
  • 1968Amended · Pub. L. 90-403 · 82 Stat. 358

A history note hasn’t been published yet. The record shows enactment by ch. 513 on 1927-03-04.

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