REVENUES

A. Laws Comprising 16 U.S.C. 499

[Note: 16 U.S.C. 499 is an uncodified provision of law constructed by the Law Revision Counsel from the following sources: Act of March 4, 1907; Act of March 4, 1911; Act of March 4, 1917; and Act of June 7, 1924. Any amendment to 16 U.S.C. 499 must be made to the various source laws that form the section. These source laws follow the explanatory materials.]

Section 499 of title 16, United States Code, reads as follows: § 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) 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 except as provided in sections 500 and 501 of this title1, there is 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.

(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, §9, 43 Stat. 655; May 29, 1928, ch. 901, § 1(97), 45 Stat. 993.)

The principal source for 16 U.S.C. 499 is the Act of March 4, 1907 (34 Stat. 1270), which superseded previous provisions relating

1 The words of this section reading, "except as provided in sections 500 and 501 of this title" were added by the Law Revision Counsel to relate this section to the apparent exceptions contained in 16 U.S.C. 500 and 501. These provisions are constructed from the Act of May 23, 1908, the Act of March 1, 1911, and the Act of March 4, 1913, which follow in this compilation.

to the disposal of money received from sale of products or use of any land or resources of the forest reserves.

The Act of March 4, 1911 (36 Stat. 1253), 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 (43 Stat. 655), 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. Section 9 of the 1924 Act was repealed by section 704(a) of Public Law 94-579 (90 Stat. 2792), which presumably would have also eliminated the sentence included in this section. However, the Law Revision Counsel continues to include the sentence since the repealer dealt with the implied authority of the President to make withdrawals resulting from the acquiescence of Congress, which was contained in the first and fifth 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 (39 Stat. 1149), 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 Ŝtat. 961; commonly referred to as the Weeks Law] or any amendment or extension thereof, shall be disposed of as is provided by existing law for the disposition of receipts from national forests.".

The only actual amendment referenced is the Act May 29, 1928 (45 Stat. 993), which was made to the Act of March 4, 1911, and struck out a provision which required the Secretary of Agriculture to make an annual report to Congress of the amounts refunded under this section.

ACT OF MARCH 4, 1907

CHAP. 2907.-An Act Making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eight.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury of the United States not otherwise appropriated, in full compensation for the fiscal year ending June thirtieth, nineteen hundred and eight, for the purposes and objects hereinafter expressed, namely:

DEPARTMENT OF AGRICULTURE.

Provided further,1 That all money received after July first, nineteen hundred and seven, by or on account of the forest service for timber, or from any other source of forest reservation revenue, 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:

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1Cite as follows: The fifth paragraph under the heading "FOREST SERVICE" in the Act of March 4, 1907 (34 Stat. 1270).

CHAP. 238-An Act Making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and twelve.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury of the United States not otherwise appropriated, in full compensation for the fiscal year ending June thirtieth, nineteen hundred and twelve, for the purposes and objects hereinafter expressed, namely:

DEPARTMENT OF AGRICULTURE.

Provided further, 1 That so much of an Act entitled "An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eight," approved March fourth, nineteen hundred and seven (Thirty-fourth Statutes at Large, pages twelve hundred and fifty-six and twelve hundred and seventy), 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 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;

1 Cite as follows: The penultimate paragraph under the heading "GENERAL EXPENSES, FOREST SERVICE" under the heading "FOREST SERVICE" in the Act of March 4, 1911 (36 Stat. 1253).