43 U.S.C. § 1735 — Forfeitures and deposits

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 Such fees shall be retained as a service charge even though the application or offer may be rejected or withdrawn in whole or in part.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. Page 549 TITLE 43—PUBLIC LANDS § 1737 Pub. L. 115–141, div. G, title I, Mar. 23, 2018, 132 Stat. 637. Pub. L. 115–31, div. G, title I, May 5, 2017, 131 Stat. 437. Pub. L. 114–113, div. G, title I, Dec. 18, 2015, 129 Stat. 2527. Pub. L. 113–235, div. F, title I, Dec. 16, 2014, 128 Stat. 2398. Pub. L. 113–76, div. G, title I, Jan. 17, 2014, 128 Stat. 291. Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 987. Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2906. Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 703. Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2099. Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 502. Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3042. Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1244. Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 219. Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 418. Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 925. Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–138. Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–234. Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1545. Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–184. Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2501. Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1381. Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1377. Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 992. Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1917. Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 703. Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1776. Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat. 1329–213, 1329–215. § 1736. Working capital fund (a) Establishment; availability of fund There is hereby established a working capital fund for the management of the public lands. This fund shall be available without fiscal year limitation for expenses necessary for furnishing, in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and regulations promulgated there- under, supplies and equipment services in sup- port of Bureau programs, including but not lim- ited to, the purchase or construction of storage facilities, equipment yards, and related im- provements and the purchase, lease, or rent of motor vehicles, aircraft, heavy equipment, and fire control and other resource management equipment within the limitations set forth in appropriations made to the Secretary for the Bureau. (b) Initial funding; subsequent transfers The initial capital of the fund shall consist of appropriations made for that purpose together with the fair and reasonable value at the fund’s inception of the inventories, equipment, receiv- ables, and other assets, less the liabilities, transferred to the fund. The Secretary is author- ized to make such subsequent transfers to the fund as he deems appropriate in connection with the functions to be carried on through the fund. (c) Payments credited to fund; amount; advance- ment or reimbursement The fund shall be credited with payments from appropriations, and funds of the Bureau, other agencies of the Department of the Interior, other Federal agencies, and other sources, as au- thorized by law, at rates approximately equal to the cost of furnishing the facilities, supplies, equipment, and services (including depreciation and accrued annual leave). Such payments may be made in advance in connection with firm or- ders, or by way of reimbursement. (d) Authorization of appropriations There is hereby authorized to be appropriated a sum not to exceed $3,000,000 as initial capital of the working capital fund. (Pub. L. 94–579, title III, § 306, Oct. 21, 1976, 90 Stat. 2766.) Editorial Notes CODIFICATION In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949 (63 Stat. 377, as amended)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act en- acted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. § 1736a. Revolving fund derived from disposal of salvage timber There is hereby established in the Treasury of the United States a special fund to be derived on and after October 5, 1992, from the Federal share of moneys received from the disposal of salvage timber prepared for sale from the lands under the jurisdiction of the Bureau of Land Manage- ment, Department of the Interior. The money in this fund shall be immediately available to the Bureau of Land Management without further appropriation, for the purposes of planning and preparing salvage timber for disposal, the ad- ministration of salvage timber sales, and subse- quent site preparation and reforestation. (Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1376.) Editorial Notes CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1993, and not as part of the Federal Land Policy and Manage- ment Act of 1976 which comprises this chapter. Statutory Notes and Related Subsidiaries DISTRIBUTION OF RECEIPTS Title I of Pub. L. 102–381, 106 Stat. 1376, provided in part that: ‘‘Nothing in this provision [enacting this sec- tion] shall alter the formulas currently in existence by law for the distribution of receipts for the applicable lands and timber resources.’’ § 1737. Implementation provisions (a) Investigations, studies, and experiments The Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with others, involving the management, protection, development, acquisi- tion, and conveying of the public lands.