Sec. 305.6. deposits and foreitures

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## Sec. 305.6 deposits and foreitures **[**[43 U.S.C. 1735](/us/usc/t43/s1735)**]** ###

(a)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 the forfeiture, compromise, or settlement. 6Provisos under the heading “service charges, deposits, and forfeitures” in title I of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 107–63; 115 Stat. 418; 43 U.S.C. 1735 note), modify the administration of this section 305 as follows: *Provided*, 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 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. ###

(b)Any moneys collected under this Act in connection with lands adminstered 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)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.

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