§ 580k. — Grazing advisory boards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC580k]
TITLE 16--CONSERVATION
CHAPTER 3--FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 580k. Grazing advisory boards
(a) Composition; election meetings
(1) To provide national forest grazing permittees means for the
expression of their recommendations concerning the management and
administration of national forest grazing lands, a local advisory board
shall be constituted and elected as hereinafter provided for each
national forest or administrative subdivision thereof, whenever a
majority of the grazing permittees of such national forest or
administrative subdivision so petitions the Secretary of Agriculture.
Each elected local advisory board existing for such purpose on April 24,
1950, and recognized as such by the Department of Agriculture, shall
continue to be the local advisory board for the unit or area it
represents, until replaced by a local advisory board or boards
constituted and elected as hereinafter provided.
(2) Each such local advisory board shall be constituted and elected
under rules and regulations, consistent herewith, now or hereafter
approved by the Secretary of Agriculture, and shall be recognized by him
as representing the grazing permittees of the national forest or
administrative subdivision thereof for which such local advisory board
has been constituted and elected.
(3) Each such local advisory board shall consist of not less than
three nor more than twelve members, who shall be national forest grazing
permittees in the area for which such board is constituted, elected, and
recognized. In addition, a wildlife representative may be appointed as a
member of each such board by the State game commission, or the
corresponding public body of the State in which the advisory board is
located, to advise on wildlife problems.
(4) Each such local advisory board shall meet at least once
annually, at a time to be fixed by such board, and at such other time or
times as its members may determine, or on the call of the chairman
thereof or of the Secretary of Agriculture or his authorized
representative.
(b) Advice and recommendations on matters within jurisdiction
Upon the request of any party affected thereby, the Secretary of
Agriculture, or his duly authorized representative, shall refer to the
appropriate local advisory board for its advice and recommendations any
matter pertaining to (1) the modification of the terms, or the denial of
a renewal of, or a reduction in, a grazing permit, or (2) the
establishment or modification of an individual or community allotment.
In the event the Secretary of Agriculture, or his duly authorized
representative, shall overrule, disregard, or modify any such
recommendations, he, or such representative, shall furnish in writing to
the local advisory board his reasons for such action.
(c) Notification by Secretary of Agriculture of intention to issue
regulations; recommendations; written explanation of reasons for
overruling
(1) At least thirty days prior to the issuance by the Secretary of
Agriculture of any regulation under sections 490, 500, 504, 504a, 555,
557, 571c, 572, 579a, 580c to 580l, and 581 \1\ of this title or
otherwise, with respect to the administration of grazing on national
forest lands, or of amendments or additions to, or modifications in, any
such regulation, which in his judgment would substantially modify
existing policy with respect to grazing in national forests, or which
would materially affect preferences of permittees in the area involved,
the local advisory board for each area that will be affected thereby
shall be notified of the intention to take such action. If as a result
of this notice the Secretary of Agriculture shall receive any
recommendation respecting the issuance of the proposed regulation and
shall overrule, disregard, or modify any such regulations, he or his
representative shall furnish in writing to the local advisory board his
reasons for such action.
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\1\ See References in Text note below.
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(2) Any such local advisory board may at any time recommend to the
Secretary of Agriculture, or his representative, the issuance of
regulations or instructions relating to the use of national forest
lands, seasons of use, grazing capacity of such lands, and any other
matters affecting the administration of grazing in the area represented
by such board.
(Apr. 24, 1950, ch. 97, Sec. 18, 64 Stat. 87.)
References in Text
Section 581 of this title, referred to in subsec. (c)(1), was
repealed by Pub. L. 95-307, Sec. 8(a), June 30, 1978, 92 Stat. 356.
Termination of Advisory Boards
Advisory boards in existence on Jan. 5, 1973, to terminate not later
than the expiration of the 2-year period following Jan. 5, 1973, unless,
in the case of a board established by the President or an officer of the
Federal Government, such board is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a board
established by the Congress, its duration is otherwise provided for by
law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, 776, set out in the Appendix to Title 5, Government Organization
and Employees.
