§ 1739. — Advisory councils.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1739]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER III--ADMINISTRATION
Sec. 1739. Advisory councils
(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 the Federal Advisory Committee Act (86 Stat. 770).
(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.
(Pub. L. 94-579, title III, Sec. 309, Oct. 21, 1976, 90 Stat. 2767; Pub.
L. 95-514, Sec. 13, Oct. 25, 1978, 92 Stat. 1808.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
This Act, referred to in subsec. (e), is Pub. L. 94-579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal Land Policy and
Management Act of 1976. For complete classification of this Act to the
Code, see Tables.
Amendments
1978--Subsec. (a). Pub. L. 95-514 substituted in first sentence
``shall establish'' for ``is authorized to establish''.
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, 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 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.
Section Referred to in Other Sections
This section is referred to in sections 1781, 1904 of this title.
