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43 U.S.C. § 1735 — Forfeitures and deposits
Federal law — U.S. Code and appendices · legal_authorities
**(a) Credit to separate account in Treasury; appropriation and availability** Any moneys received by the United States as a result of the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not fulfill the requirements of his contract or permit or does not comply with the regulations of the Secretary; or as a result of a compromise or settlement of any claim whether sounding in tort or in contract involving present or potential damage to the public lands shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available, until expended as the Secretary may direct, to cover the cost to the United States of any improvement, protection, or rehabilitation work on those public lands which has been rendered necessary by the action which has led to the forfeiture, compromise, or settlement.
**(b) Expenditure of moneys collected administering Oregon and California Railroad and Coos Bay Wagon Road Grant lands** Any moneys collected under this Act in connection with lands administered under the Act of August 28, 1937 (50 Stat. 874; [43 U.S.C. 1181a–118](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1181a–118&num=0&edition=prelim)1j),11 See References in Text note below. shall be expended for the benefit of such land only.
**(c) Refunds** If any portion of a deposit or amount forfeited under this Act is found by the Secretary to be in excess of the cost of doing the work authorized under this Act, the Secretary, upon application or otherwise, may cause a refund of the amount in excess to be made from applicable funds.
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Source location: Title 43, Chapter 35, § 1735; chapter-035-federal-land-policy-and-management.md
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**(a) Credit to separate account in Treasury; appropriation and availability** Any moneys received by the United States as a result of the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not fulfill the requirements of his contract or permit or does not comply with the regulations of the Secretary; or as a result of a compromise or settlement of any claim whether sounding in tort or in contract involving present or potential damage to the public lands shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available, until expended as the Secretary may direct, to cover the cost to the United States of any improvement, protection, or rehabilitation work on those public lands which has been rendered necessary by the action which has led to the forfeiture, compromise, or settlement.
**(b) Expenditure of moneys collected administering Oregon and California Railroad and Coos Bay Wagon Road Grant lands** Any moneys collected under this Act in connection with lands administered under the Act of August 28, 1937 (50 Stat. 874; [43 U.S.C. 1181a–118](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1181a–118&num=0&edition=prelim)1j),11 See References in Text note below. shall be expended for the benefit of such land only.
**(c) Refunds** If any portion of a deposit or amount forfeited under this Act is found by the Secretary to be in excess of the cost of doing the work authorized under this Act, the Secretary, upon application or otherwise, may cause a refund of the amount in excess to be made from applicable funds.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 28, 1937, ch. 876, title I, § 3, 50 Stat. 875, related to classification and reclassification of lands as more suitable for agricultural use.
#### Effective Date of Repeal
Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787, provided that the repeal made by section 702 is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.
#### Savings Provision
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1181c
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1181a was editorially reclassified as [section 2601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2601&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1181a
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Federal law — U.S. Code and appendices · legal_authorities
Page 314
TITLE 43—PUBLIC LANDS
§ 1174
Section 1171b, act May 23, 1930, ch. 313, 46 Stat. 377,
provided for applicability of section 1171 of this title to
certain lands in Alabama.
Section 1172, act Feb. 4, 1919, ch. 13, 40 Stat. 1055, pro-
vided for applicability of section 1171 of this title to
ceded Chippewa Indian lands in Minnesota.
Section 1173, act May 10, 1920, ch. 178, 41 Stat. 595,
provided for applicability of section 1171 of this title to
sale of tracts in Fort Berthold Indian Reservation,
North Dakota.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat.
2789, provided that the repeal made by section 703(a) is
effective on and after Oct. 21, 1976.
SAVINGS PROVISION
Repeal by Pub. L. 94–579 not to be construed as termi-
nating any valid lease, permit, patent, etc., existing on
Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as
a note under section 1701 of this title.
§ 1174. Repealed. Aug. 28, 1937, ch. 876, title II, 50
Stat. 876
Section, act May 25, 1920, ch. 200, 41 Stat. 622, related
to sale of class 3 of revested Oregon and California Rail-
road grant lands. See sections 2601 to 2605 of this title
and Repeals note set out under section 2601 of this title.
§§ 1175 to 1177. Repealed. Pub. L. 94–579, title
VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789
Section 1175, act Aug. 11, 1921, ch. 62, 42 Stat. 159, pro-
vided for applicability of section 1171 of this title to
sale of tracts in Fort Buford Military Reservation,
North Dakota and Montana.
Section 1176, act May 19, 1926, ch. 337, 44 Stat. 566,
provided for applicability of section 1171 of this title to
sale of lands in Fort Hall Indian Reservation.
Section 1177, act Feb. 14, 1931, ch. 170, 46 Sta
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1181a
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Federal law — U.S. Code and appendices · legal_authorities
Page 548
TITLE 43—PUBLIC LANDS
§ 1734a
1 See References in Text note below.
Title 31 by Pub. L. 97–258] the Act of October 20, 1976 (90
Stat. 2765) [probably should be Oct. 21, 1976, meaning
this chapter] but not limited to actual costs. Such fees
shall be retained as a service charge even though the
application or offer may be rejected or withdrawn in
whole or in part.
‘‘(2) The Secretary of the Interior is hereby directed
to conduct a study and report to Congress within one
year of the date of enactment of this Act [Aug. 13, 1981],
regarding the current annual rental charges on all non-
competitive oil and gas leases to investigate the feasi-
bility and effect of raising such rentals.’’
§ 1734a. Availability of excess fees
In fiscal year 1997 and thereafter, all fees, ex-
cluding mining claim fees, in excess of the fiscal
year 1996 collections established by the Sec-
retary of the Interior under the authority of sec-
tion 1734 of this title for processing, recording,
or documenting authorizations to use public
lands or public land natural resources (including
cultural, historical, and mineral) and for pro-
viding specific services to public land users, and
which are not presently being covered into any
Bureau of Land Management appropriation ac-
counts, and not otherwise dedicated by law for a
specific distribution, shall be made immediately
available for program operations in this account
and remain available until expended.
(Pub. L. 104–208, div. A, title I, § 101(d) [title I],
Sept. 30, 1996, 110 Stat. 3009–181, 3009–182.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 1997,
and not as part of the Federal Land Policy and Manage-
ment Act of 1976 which com
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1735
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