43 U.S.C. § 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

August 28, 193750 Stat. 874 43 U.S.C. 1181a–118 1

1 See References in Text note below.

Any moneys collected under this Act in connection with lands administered under the Act of (; 1j), 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, § 305Oct. 21, 197690 Stat. 2765(, , .)

Editorial Notes

References in Text

Pub. L. 94–579Oct. 21, 197690 Stat. 2743This Act, referred to in subsecs. (b) and (c), is , , , known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

August 28, 193750 Stat. 874 43 U.S.C. 1181a–118 act Aug. 28, 1937, ch. 876 50 Stat. 874 section 1181c of this title Pub. L. 94–579, title VII, § 702Oct. 21, 197690 Stat. 2787 act May 24, 1939, ch. 144 53 Stat. 753 act June 24, 1954, ch. 357 68 Stat. 270Act of (; 1j), referred to in subsec. (b), probably means , , which was formerly 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 Section 3 of the Act, former , was repealed by , , . Sections 1181f–1 to 1181f–4 of this title, included within the parenthetical reference to sections 1181a to 1181j, were enacted by , , 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 , , and were editorially reclassified 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, Protection, or Rehabilitation of Damaged Public Lands

Pub. L. 104–134, title I, § 101(c) [title I]Apr. 26, 1996110 Stat. 1321–156 Pub. L. 104–140, § 1(a)May 2, 1996110 Stat. 1327

section 305(a) of the Act of October 21, 1976 43 U.S.C. 1735(a)43 U.S.C. 1735(c)Provided further“That notwithstanding any provision to the contrary of (), 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 (), shall be available and may be expended under the authority of this or subsequent appropriations 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, permittee, 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: , That such moneys are in excess of amounts needed to repair damage to the exact land for which collected.”

, , , 1321–158; renumbered title I, , , , provided in part:

Similar provisions were contained in the following appropriation acts:

Pub. L. 118–42, div. E, title IMar. 9, 2024138 Stat. 220, , .

Pub. L. 117–328, div. G, title IDec. 29, 2022136 Stat. 4761, , .

Pub. L. 117–103, div. G, title IMar. 15, 2022136 Stat. 349, , .

Pub. L. 116–260, div. G, title IDec. 27, 2020134 Stat. 1479, , .

Pub. L. 116–94, div. D, title IDec. 20, 2019133 Stat. 2688, , .

Pub. L. 116–6, div. E, title IFeb. 15, 2019133 Stat. 207, , .

Pub. L. 115–141, div. G, title IMar. 23, 2018132 Stat. 637, , .

Pub. L. 115–31, div. G, title IMay 5, 2017131 Stat. 437, , .

Pub. L. 114–113, div. G, title IDec. 18, 2015129 Stat. 2527, , .

Pub. L. 113–235, div. F, title IDec. 16, 2014128 Stat. 2398, , .