
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-291]
[Document affected by Public Law 107-63]
[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. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29, 1999, 
113 Stat. 1535, 1501A-138, 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 [probably means the Department of the 
Interior and Related Agencies Appropriations Act, 2000, Pub. L. 106-113, 
div. B, Sec. 1000(a)(3), Nov. 29, 1999, 113 Stat. 1535, 1501A-135, 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. 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.
