§810 — Title 16 Conservation | U.S. Code

Summary

Money from any Indian reservation must go to the Indians of that reservation. All other license fees go into the U.S. Treasury and are split this way: 12.5% goes to miscellaneous receipts; 50% of fees for using public lands and national forests goes to the Reclamation Fund created by the Reclamation Act (June 17, 1902); 37.5% of fees from development on those lands within a State goes to that State; and 50% of fees from other licenses is set aside as a special Treasury fund for the Secretary of the Army to use on dams, navigation structures, and headwater or other improvements of navigable waters. Fees the Commission charges to cover its administration costs also go to miscellaneous receipts. If a licensee is late on annual charges, add a 5% penalty for the first month or part of a month and 3% for each later month until the charges and penalties are paid or until the license is canceled and the debt is settled under law.

Title 16, §810

Conservation — Source: USLM XML via OLRC

(a)All proceeds from any Indian reservation shall be placed to the credit of the Indians of such reservation. All other charges arising from licenses hereunder, except charges fixed by the Commission for the purpose of reimbursing the United States for the costs of administration of this subchapter, shall be paid into the Treasury of the United States, subject to the following distribution: 12½ per centum thereof is hereby appropriated to be paid into the Treasury of the United States and credited to “Miscellaneous receipts”; 50 per centum of the charges arising from licenses hereunder for the occupancy and use of public lands and national forests shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the Act of Congress known as the Reclamation Act, approved June 17, 1902; and 37½ per centum of the charges arising from licenses hereunder for the occupancy and use of national forests and public lands from development within the boundaries of any State shall be paid by the Secretary of the Treasury to such State; and 50 per centum of the charges arising from all other licenses hereunder is reserved and appropriated as a special fund in the Treasury to be expended under the direction of the Secretary of the Army in the maintenance and operation of dams and other navigation structures owned by the United States or in the construction, maintenance, or operation of headwater or other improvements of navigable waters of the United States. The proceeds of charges made by the Commission for the purpose of reimbursing the United States for the costs of the administration of this subchapter shall be paid into the Treasury of the United States and credited to miscellaneous receipts.

(b)In case of delinquency on the part of any licensee in the payment of annual charges a penalty of 5 per centum of the total amount so delinquent may be added to the total charges which shall apply for the first month or part of month so delinquent with an additional penalty of 3 per centum for each subsequent month until the total of the charges and penalties are paid or until the license is canceled and the charges and penalties satisfied in accordance with law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of Congress known as the Reclamation Act, approved

June 17, 1902, referred to in subsec. (a), probably means act

June 17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of Title 43 and Tables. The reclamation fund created by that Act was established by section 391 of Title 43.

Amendments

1935—Act Aug. 26, 1935, § 208, amended section generally, designating existing provisions as subsec. (a), inserting “except charges fixed by the Commission for the purpose of reimbursing the United States for the costs of administration of this Part,”, substituting “national forests” for “national monuments, national forests, and national parks” wherever appearing, inserting last sentence relating to payment of proceeds of charges into Treasury, and adding subsec. (b).

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act

July 26, 1947, ch. 343, title II, 61 Stat. 501. section 205(a) of act

July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

§810 Disposition of charges arising from licenses