43 U.S.C. § 1734a — Availability of excess fees

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 Such fees shall be retained as a service charge even though the application or offer may be rejected or withdrawn in whole or in part.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 comprises this chapter. § 1735. Forfeitures and deposits (a) Credit to separate account in Treasury; ap- propriation and availability Any moneys received by the United States as a result of the forfeiture of a bond or other secu- rity by a resource developer or purchaser or per- mittee 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 involv- ing present or potential damage to the public lands shall be credited to a separate account in the Treasury and are hereby authorized to be ap- propriated and made available, until expended as the Secretary may direct, to cover the cost to the United States of any improvement, protec- tion, or rehabilitation work on those public lands which has been rendered necessary by the action which has led to the forfeiture, com- promise, or settlement. (b) Expenditure of moneys collected admin- istering Oregon and California Railroad and Coos Bay Wagon Road Grant lands Any moneys collected under this Act in con- nection with lands administered under the Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j),1 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. (Pub. L. 94–579, title III, § 305, Oct. 21, 1976, 90 Stat. 2765.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (b) and (c), 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. Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j), referred to in subsec. (b), probably means act Aug. 28, 1937, ch. 876, 50 Stat. 874, which was for- merly classified principally to sections 1181a to 1181f of this title prior to editorial reclassification, and is now classified principally to subchapter I (§ 2601 et seq.) of chapter 44 of this title. Section 3 of the Act, former sec- tion 1181c of this title, was repealed by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787. Sections 1181f–1 to 1181f–4 of this title, included within the par- enthetical reference to sections 1181a to 1181j, were en- acted by act May 24, 1939, ch. 144, 53 Stat. 753, and were editorially reclassified as subchapter II (§ 2621 et seq.) of chapter 44 of this title. Sections 1181g to 1181j of this title, also included within the parenthetical reference to sections 1181a to 1181j, were enacted by act June 24, 1954, ch. 357, 68 Stat. 270, and were editorially reclassi- fied as subchapter III (§ 2631 et seq.) of chapter 44 of this title. For complete classification of these Acts to the Code, see Tables. Statutory Notes and Related Subsidiaries AVAILABILITY OF FUNDS FOR IMPROVEMENT, PROTEC- TION, OR REHABILITATION OF DAMAGED PUBLIC LANDS Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–158; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part: ‘‘That notwithstanding any provision to the con- trary of section 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appro- priate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be ex- pended under the authority of this or subsequent appro- priations Acts by the Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, per- mittee, or any unauthorized person, without regard to whether all moneys collected from each such forfeiture, compromise, or settlement are used on the exact lands damage to which led to the forfeiture, compromise, or settlement: Provided further, That such moneys are in excess of amounts needed to repair damage to the exact land for which collected.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 118–42, div. E, title I, Mar. 9, 2024, 138 Stat. 220. Pub. L. 117–328, div. G, title I, Dec. 29, 2022, 136 Stat. 4761. Pub. L. 117–103, div. G, title I, Mar. 15, 2022, 136 Stat. 349. Pub. L. 116–260, div. G, title I, Dec. 27, 2020, 134 Stat. 1479. Pub. L. 116–94, div. D, title I, Dec. 20, 2019, 133 Stat. 2688. Pub. L. 116–6, div. E, title I, Feb. 15, 2019, 133 Stat. 207.