Page:United States Statutes at Large Volume 90 Part 2.djvu/1297

 PUBLIC LAW 94-579—OCT. 21, 1976

90 STAT. 2765

authority, or contrary to any order issued pursuant to any such regulation, is unlawful and prohibited. SERVICE CHARGES, REIMBURSEMENT PAYMENTS, AND EXCESS PAYMENTS

SEC. 304. (a) Notwithstanding any other provision of law, the 43 USC 1734, Secretary may establish reasonable filing and service fees and reasonable charges, and commissions with respect to applications and other documents relating to the public lands and may change and abolish such fees, charges, and commissions. (b) The Secretary is authorized to require a deposit of any payments intended to reimburse the United States for reasonable costs with respect to applications and other documents relating to such lands. The moneys received for reasonable costs under this subsection shall be deposited with the Treasury in a special account and are hereby authorized to be appropriated and made available until expended. As used in this section "reasonable costs" include, but are not limited "Reasonable to, the costs of special studies; environmental impact statements; costs." monitoring construction, operation, maintenance, and termination of any authorized facility; or other special activities. In determining whether costs are reasonable under this section, the Secretary may take into consideration actual costs (exclusive of management overhead), the monetary value of the rights or privileges sought by the applicant, the efficiency to the government processing involved, that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant, the public service provided, and other factors relevant to determining the reasonableness of the costs. (c) In any case where it shall appear to the satisfaction of the Secretary that any person has made a payment under any statute relating to the sale, lease, use, or other disposition of public lands which is not required or is in excess of the amount required by applicable law and the regulations issued by the Secretary, the Secretary, upon application or otherwise, may cause a refund to be made from applicable funds. DEPOSITS AND FORFEITURES

SEC. 305. (a) Any moneys received by the United States as a result 43 USC 1735. of the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not fulfill the requirements of nis 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 Appropriation whether sounding in tort or in contract involving present or potential authorization. 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) 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) 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

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