§ 499. — Disposal of money received by or on account of Forest Service; refund of excess and moneys erroneously collected; receipts from permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC499]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 499. Disposal of money received by or on account of Forest
Service; refund of excess and moneys erroneously collected;
receipts from permits
All money received by or on account of the Forest Service for
timber, or from any other source of national-forest revenue, including
moneys received from sale of products from or for the use of lands in
national forests created under section 471(b) \1\ of this title, and
moneys received on account of permits for hunting, fishing, or camping
on lands acquired under authority of sections 513 to 517 and 521 of this
title, shall be covered into the Treasury of the United States as a
miscellaneous receipt and there is hereby appropriated and made
available as the Secretary of Agriculture may direct out of any funds in
the Treasury not otherwise appropriated, so much as may be necessary to
make refunds to depositors of money heretofore or hereafter deposited by
them to secure the purchase price on the sale of any products or for the
use of any land or resources of the national forests in excess of
amounts found actually due from them to the United States and also so
much as may be necessary to refund or pay over to the rightful claimants
such sums as may be found by the Secretary of Agriculture to have been
erroneously collected for the use of any lands, or for timber or other
resources sold from lands located within, but not a part of, the
national forests, or for alleged illegal acts done upon such lands,
which acts are subsequently found to have been proper and legal.
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\1\ See References in Text note below.
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(Mar. 4, 1907, ch. 2907, 34 Stat. 1270; Mar. 4, 1911, ch. 238, 36 Stat.
1253; Mar. 4, 1917, ch. 179, 39 Stat. 1149; June 7, 1924, ch. 348,
Sec. 9, 43 Stat. 655; May 29, 1928, ch. 901, Sec. 1(97), 45 Stat. 993.)
References in Text
Section 471(b) of this title, referred to in text, was repealed by
section 704(a) of Pub. L. 94-579, title VII, Oct. 21, 1976, 90 Stat.
2792. For further details, see Codification note below.
Codification
Section is a combination provision the basis for which is Act Mar.
4, 1907, which superseded previous provisions relating to the disposal
of money received from sale of products or use of any land or resources
of the forest reserves, contained in Act Feb. 1, 1905, ch. 288, Sec. 5,
33 Stat. 628.
Act Mar. 4, 1911, is the source of the last portion of the section
beginning with the words, ``and also so much as may be necessary,'' etc.
That Act provides that so much of the former Act ``which provides for
refunds by the Secretary of Agriculture to depositors of moneys to
secure the purchase price of timber or the use of lands or resources of
the national forests such sums as may be found to be in excess of the
amounts found actually due the United States, be, and is hereby, amended
hereafter to appropriate and to include so much;''.
The words of this section reading, ``including moneys received from
sale of products from or use of lands in national forests created under
section 471(b) of this title'' were derived from the fourth sentence of
section 9 of Act of June 7, 1924, which reads as follows: ``All receipts
from the sale of products from or for the use of lands in such national
forests shall be covered into the Treasury as miscellaneous receipts,
forest reserve fund, and shall be disposed of in like manner as the
receipts from other national forests as provided by existing law.''
Section 471(b) of this title, referred to in text, was based on the
first and fifth sentences of section 9 of the 1924 act, and was repealed
by section 704(a) of Pub. L. 94-579. Section 505 of this title is based
on the second and third sentences of section 9 of the 1924 act.
The words ``and moneys received on account of permits for hunting,
fishing, or camping on lands acquired under authority of sections 513 to
517 and 521 of this title,'' are from a provision of Act Mar. 4, 1917,
which reads, ``Hereafter, all moneys received on account of permits for
hunting, fishing, or camping, on lands acquired under authority of said
Act [Act Mar. 1, 1911, ch. 186, 36 Stat. 961] or any Amendment or
extension thereof, shall be disposed of as is provided by existing law
for the disposition of receipts from national forests.''
Amendments
1928--Act May 29, 1928, struck out provision which required the
Secretary of Agriculture to make an annual report to Congress of the
amounts refunded under this section.
Section Referred to in Other Sections
This section is referred to in sections 508b, 527, 670e of this
title.
