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WA S H INarT 3 o U C. CJ,, fl.L)I
FILE: 13-204874
DATE:
Ttul;, 28, 1 982
MATg'E.I
rDIGEST:
OF: Availability of funds collected by the Bureau of [k.,id
Manager, nt Ls a result of coal tre-passes on 1-xib][lc
lands,
Eunds collected by the Bureau of Land Management as a re-
sult of coal trespasses on Federal lands, pursuant to sec-
tLion 305(a) of the Federal Land Policy and Managenwat Act:,
43 U.SC. 5 1735(a) (1976), may be cued only to repair
property damage, actual or potential, to the specific lands-
involved in the trespass. If any funds remain after making
such repairs, the Secretary of the Interior has discretion
to refund excess amounts to the fx-rty from whom they were
collected. The Dapartment of the interior's conclusion
that funds iii excess of those nc-cded to re.ir the propperty
for which they were collected rxiy be u.sed to rebewbilltate
other publit lands is inconsistent w,,ith the e:cpre3s lan-
guage of section 305. Where refund of excess collections
would be inappropriate or undesi.able, such funds rist be
deposited into the general fund of the Treasury as miscel-
laneous receipts,
By letter daled Septenber 17, 1981 (File No. 1373-822),
Mr. Arnold E, Petty, Acting Asscciate Director, Bureau of Land Han-
agerTent, U.S. Departrent of the interior, rc-qests our concurrenco
in an opinion of the Departivent's Acting Aasociate Solicitor, f.nercjy
and Resources, regarding the availability of funds received by the
Bureau of land Management (BU) aa a reult of coal trespasses on
Federal lands. Mr. Petty stated that the opinion of the Solicicor';.
Office was provided in response to his reuest for advice on whether
section 305(a) of the Federal Lend Policy vnd .anagement Act of 1976
(FLPMA), 43 U.S.C. s X735(a) (1976), requires the funds in the Eec-
tion 305(a) account to be expended, if at al., only for the particul;w
inprovencnt or rehabilitation work necessitated by the action leading
to the receipt of the tunds. In response to r. Petty's request, the
Solicitor's office conoluded that FLPMA does not so restrict the ex-
penditure of section 305(a) funds. According to the Solicitor's Of-.
fice, any funds in the .ection 305(a) acccrnt that are not required
to repair danage caused by the action )eadlng to the receipt of thoce
funds may be used for the purposes of section 305(a) on other piblic
lands.
For the reasons discussed below, we cmnnot concur with the opin-
ion of the Solicitor's OCTAce. After e:(a:tning the provision in
questlon and its l.cjisktive history, Y:e co;,,:1ude that funds in the
section 205(a) account are availablo only -0 bc Li-.ed for the secific
rehabilitation work necessitatedc by the act:ioa lea#ding t-1 the receivt
of those particular funds. Any !rrint collected in e:.:cess of that
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