§ 316m. — Hearing and appeals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC316m]
TITLE 43--PUBLIC LANDS
CHAPTER 8A--GRAZING LANDS
SUBCHAPTER II--ALASKA
Sec. 316m. Hearing and appeals
(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.
(Mar. 4, 1927, ch. 513, Sec. 14, 44 Stat. 1454; 1946 Reorg. Plan No. 3,
Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 90-
403, Sec. 3, July 18, 1968, 82 Stat. 358.)
References in Text
The public land law, referred to in subsec. (a), is classified
generally to this title.
Codification
Section was formerly classified to section 471m of Title 48,
Territories and Insular Possessions.
Amendments
1968--Pub. L. 90-403 designated existing provisions as subsec. (a)
and added subsec. (b).
Transfer of Functions
``Secretary'' substituted for ``Commissioner of the General Land
Office'' and ``such officer as the Secretary of the Interior may
designate'' and ``such officer'' substituted for ``register'' on
authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished
General Land Office and Commissioner thereof and transferred functions
of General Land Office to a new agency in Department of the Interior to
be known as Bureau of Land Management, and functions of Commissioner of
General Land Office to Secretary of the Interior. See section 403 of
Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this
title.
