Summary

THE SECRETARY OF THE INTERIOR HAS DISCRETION TO REFUND EXCESS AMOUNTS TO THE PARTY FROM WHOM THEY WERE COLLECTED. THE DEPARTMENT OF THE INTERIOR'S CONCLUSION THAT FUNDS IN EXCESS OF THOSE NEEDED TO REPAIR THE PROPERTY FOR WHICH THEY WERE COLLECTED MAY BE USED TO REHABILITATE OTHER PUBLIC LANDS IS INCONSISTENT WITH THE EXPRESS LANGUAGE OF SECTION 305. PETTY STATED THAT THE OPINION OF THE SOLICITOR'S OFFICE WAS PROVIDED IN RESPONSE TO HIS REQUEST FOR ADVICE ON WHETHER SECTION 305(A) OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 (FLPMA). ANY FUNDS IN THE SECTION 305(A) ACCOUNT THAT ARE NOT REQUIRED TO REPAIR DAMAGE CAUSED BY THE ACTION LEADING TO THE RECEIPT OF THOSE FUNDS MAY BE USED FOR THE PURPOSES OF SECTION 305(A) ON OTHER PUBLIC LANDS.