§ 761. — Repayment of excess of deposits to cover cost of surveys of mineral lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC761]
TITLE 43--PUBLIC LANDS
CHAPTER 18--SURVEY OF PUBLIC LANDS
Sec. 761. Repayment of excess of deposits to cover cost of
surveys of mineral lands
The Secretary of the Treasury is authorized and directed to pay, out
of the moneys heretofore or hereafter covered into the Treasury from
deposits made by individuals to cover cost of work performed and to be
performed in the offices of such agency as the Secretary of the Interior
may designate in connection with the survey of mineral lands, any excess
in the amount deposited over and above the actual cost of the work
performed, including all expenses incident thereto for which the
deposits were severally made or the whole of any unused deposit; and
such sums, as the several cases may be, shall be deemed to be annually
and permanently appropriated for that purpose. Such repayments shall be
made to the person or persons who made the several deposits, or to his
or their legal representatives, after the completion or abandonment of
the work for which the deposits were made, and upon an account certified
by the office of such agency of the district in which the mineral land
surveyed, or sought to be surveyed, is situated and approved by the
Secretary of the Interior or such officer as he may designate.
(Feb. 24, 1909, ch. 180, 35 Stat. 645; Mar. 3, 1925, ch. 462, 43 Stat.
1144; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R.
7876, 60 Stat. 1100.)
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out
under section 1451 of this title.
References to ``the United States Field Surveying Service'' and
``the Field Surveying Service'' changed to ``such agency as the
Secretary of the Interior may designate'', and ``the office of such
agency'', respectively; and ``Commissioner of the General Land Office''
changed to ``Secretary of the Interior or such officer as he may
designate'', on authority of section 403 of Reorg. Plan No. 3 of 1946.
See note set out under section 1 of this title.
Act Mar. 3, 1925, abolished office of surveyor general and
transferred administration of all activities in charge of surveyors
general to Field Surveying Service under jurisdiction of United States
Supervisor of Surveys.
Section Referred to in Other Sections
This section is referred to in section 763 of this title.
