2011 US Code
Title 43 - Public Lands
Chapter 35 - FEDERAL LAND POLICY AND MANAGEMENT (§§ 1701 - 1787)
Subchapter III - ADMINISTRATION (§§ 1731 - 1748b)
Section 1735 - Forfeitures and deposits
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 43 - PUBLIC LANDS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 43 - PUBLIC LANDS CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT SUBCHAPTER III - ADMINISTRATION Sec. 1735 - Forfeitures and deposits |
Contains | section 1735 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 94-579, title III, §305, Oct. 21, 1976, 90 Stat. 2765. |
Statutes at Large References | 50 Stat. 874 53 Stat. 753 68 Stat. 270 90 Stat. 2765, 2743, 2787 101 Stat. 1329-213 102 Stat. 1776 103 Stat. 703 104 Stat. 1917 105 Stat. 992 106 Stat. 1377 107 Stat. 1381 108 Stat. 2501 110 Stat. 1321-156, 1327, 3009-181 111 Stat. 1545 112 Stat. 2681-231 113 Stat. 1535 114 Stat. 925 115 Stat. 418 117 Stat. 219, 1244 118 Stat. 3042 119 Stat. 502 121 Stat. 2099 123 Stat. 703, 2906 125 Stat. 987 |
Public Law References | Public Law 94-579, Public Law 100-202, Public Law 100-446, Public Law 101-121, Public Law 101-512, Public Law 102-154, Public Law 102-381, Public Law 103-138, Public Law 103-332, Public Law 104-134, Public Law 104-140, Public Law 104-208, Public Law 105-83, Public Law 105-277, Public Law 106-113, Public Law 106-291, Public Law 107-63, Public Law 108-7, Public Law 108-108, Public Law 108-447, Public Law 109-54, Public Law 110-161, Public Law 111-8, Public Law 111-88, Public Law 112-74 |
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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 landsAny 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) RefundsIf 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.)
References in TextThis 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, which is classified principally to section 1181a et seq. 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, §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 LandsPub. 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 contrary 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 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 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: 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. 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.
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