§ 1735. — Forfeitures and deposits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1735]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER III--ADMINISTRATION
Sec. 1735. Forfeitures and deposits
(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-1181j), 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, Sec. 305, Oct. 21, 1976, 90 Stat. 2765.)
References in Text
This Act, referred to in subsecs. (b) and (c), is Pub. L. 94-579,
Oct. 21, 1976, 90 Stat. 2743, as amended, 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), is act Aug. 28, 1937, ch. 876, 50 Stat. 874,
as amended, which enacted sections 1181a to 1181f of this title.
Sections 1181f-1 to 1181f-4, included within the parenthetical reference
to sections 1181a to 1181j, were enacted by Act May 24, 1939, ch. 144,
53 Stat. 753. Sections 1181g to 1181j, also included within the
parenthetical reference to sections 1181a to 1181j, were enacted by act
June 24, 1954, ch. 357, 68 Stat. 270. Section 1181c, also included
within the parenthetical reference to sections 1181a to 1181j, was
repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat.
2787. For complete classification of these Acts to the Code, see Tables.
Availability of Funds for Improvement, Protection, or Rehabilitation of
Damaged Public Lands
Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 418, provided in
part: ``That notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (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 appropriate for refund
pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be
available and may be expended under the authority of this Act [see
Tables for classification] 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, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: Provided further, That
any such moneys that are in excess of amounts needed to repair damage to
the exact land for which funds were collected may be used to repair
other damaged public lands.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 925.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999,
113 Stat. 1535, 1501A-138.
Pub. L. 105-277, div. A, Sec. 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, Sec. 101(d) [title I], Sept. 30,
1996, 110 Stat. 3009-181, 3009-184.
Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996, 110
Stat. 1321-156, 1321-158; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
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, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329-213, 1329-215.
