43 U.S.C. § 1739

Advisory councils

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(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.

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, § 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.)Editorial NotesReferences in Text

This Act, referred to in subsec. (e), is Pub. L. 94–579, Oct. 21, 1976, 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.

Amendments

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 SubsidiariesTermination 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 1001(2) and 1013 of Title 5, Government Organization and Employees.

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1985–2025 · leading case: Colorado Env't Coalition v. Wenker, 353 F.3d 1221 (10th Cir. 2004).

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Colorado Env't Coalition v. Wenker, 353 F.3d 1221 (10th Cir. 2004). · cites it 5× “The Federal Land Policy and Management Act (“FLPMA”) of 1976 § 309, 43 U.S.C. § 1739 (amended 1978), and Bureau *1224 of Land Management (“BLM” or the “agency”) regulations, 43 C.”

Nat'l Wildlife Fed'n v. Robert F. Burford, Mountain States Legal Found. (Two Cases), 835 F.2d 305 (D.C. Cir. 1987). · cites it 3× “” 43 U.S.C. § 1739 (e) (emphasis added). The district court found that withdrawal revocations fall into the “management” category of section 309(e).”

W. Watersheds Proj. v. Zinke, 336 F. Supp. 3d 1204 (D. Idaho 2018). · cites it 4× “43 U.S.C. § 1739 (e) ; see also 43 U.S.C.”

Nat. Resources Def. Council, Inc. v. Hodel, 618 F. Supp. 848 (E.D. Cal. 1985). · cites it 2× “” 43 U.S.C. § 1739 (e); see also 43 U.S.C. § 1712 (f).”

W. Watersheds Proj. v. Kraayenbrink, 632 F.3d 472 (9th Cir. 2010). “43 U.S.C. § 1739 (e). The parties do not dispute that under § 1739(e), the BLM must provide avenues for public input in the planning and management of the public lands.”

Biodiversity Conservation All. v. United States Bureau of Land Mgmt., 404 F. Supp. 2d 212 (D.D.C. 2005). “, 43 U.S.C. § 1739 (e) (requiring the BLM to give “the public adequate notice and an opportunity to comment upon” the “preparation and execution of plans and programs for, and the management of, public lands”); 40 C.”

State of Utah v. Babbitt, 137 F.3d 1193 (10th Cir. 1998). “43 U.S.C. § 1739 (e). As .previously discussed, the 1996 inventory is not a land use "plan” or “program” and does not affect the management of the public lands.”

W. Watersheds Proj. v. Kraayenbrink, 620 F.3d 1187 (9th Cir. 2010). “43 U.S.C. § 1739 (e). The parties do not dispute that under § 1739(e), the BLM must provide avenues for public input in the planning and management of the public lands.”

W. Watersheds Proj. v. Kraayenbrink, 632 F.3d 472 (9th Cir. 2011). “43 U.S.C. § 1739 (e). The parties do not dispute that under § 1739(e), the BLM must provide avenues for public input in the planning and management of the public lands.”

W. Watersheds Proj. v. Kraayenbrink, 538 F. Supp. 2d 1302 (D. Idaho 2008). “” See 43 U.S.C. § 1739 (e) (emphasis added). The term “shall” makes a provision mandatory, and the rules of statutory construction presume that the term is used in its ordinary sense unless there is clear evidence to the contrary.”

Nat'l Wildlife Fed'n v. Burford, 676 F. Supp. 271 (D.D.C. 1985). “Section 309(e) of the Act, 43 U.S. C. § 1739(e), requires the Secretary to establish procedures to give the public 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…”

Pub. Lands Council v. United States Dep't of the Interior Sec'y, 929 F. Supp. 1436 (D. Wyo. 1996). “43 U.S.C. § 1739 . The Taylor Grazing Act does not permit the Secretary to issue permits allowing the permittee to put the land to any use except livestock grazing.”

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— 43 U.S.C. § 1739(e) — 1 case

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