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43 U.S.C. § 1734a — Availability of excess fees
Federal law — U.S. Code and appendices · legal_authorities
In fiscal year 1997 and thereafter, all fees, excluding mining claim fees, in excess of the fiscal year 1996 collections established by the Secretary of the Interior under the authority of [section 1734 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1734&num=0&edition=prelim) for processing, recording, or documenting authorizations to use public lands or public land natural resources (including cultural, historical, and mineral) and for providing specific services to public land users, and which are not presently being covered into any Bureau of Land Management appropriation accounts, 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.
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Source file: Laws/federal/codes/united-states-code/title-43/section-1734a-availability-of-excess-fees--9ef7440b0c.md
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Source location: Title 43, Chapter 35, § 1734a; chapter-035-federal-land-policy-and-management.md
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In fiscal year 1997 and thereafter, all fees, excluding mining claim fees, in excess of the fiscal year 1996 collections established by the Secretary of the Interior under the authority of [section 1734 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1734&num=0&edition=prelim) for processing, recording, or documenting authorizations to use public lands or public land natural resources (including cultural, historical, and mineral) and for providing specific services to public land users, and which are not presently being covered into any Bureau of Land Management appropriation accounts, 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to establish and modify** Notwithstanding any other provision of law, the Secretary may establish reasonable filing and service fees and reasonable charges, and commissions with respect to applications and other documents relating to the public lands and may change and abolish such fees, charges, and commissions.
**(b) Deposits for payments to reimburse reasonable costs of United States** The Secretary is authorized to require a deposit of any payments intended to reimburse the United States for reasonable costs with respect to applications and other documents relating to such lands. The moneys received for reasonable costs under this subsection shall be deposited with the Treasury in a special account and are hereby authorized to be appropriated and made available until expended. As used in this section “reasonable costs” include, but are not limited to, the costs of special studies; environmental impact statements; monitoring construction, operation, maintenance, and termination of any authorized facility; or other special activities. In determining whether costs are reasonable under this section, the Secretary may take into consideration actual costs (exclusive of management overhead), the monetary value of the rights or privileges sought by the applicant, the efficiency to the government processing involved, that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant, the public service provided, and other factors relevant to determining the reasonableness of the costs.
**(c) Refunds** In any case where it shall appear to the satisfaction of the Secretary that any person has made a payment under any statute relating to the sale, lease, use, or other disposition of public la
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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
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