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43 U.S.C. § 2621 (PUBLIC LANDS)
§ 2621. Coos Bay Wagon Road grant fund; annual payments; appraisal and assessment of land and timber; computation of payments
Beginning with the fiscal year next following May 24, 1939, not to exceed 75 per centum of the receipts derived in any one year from the Coos Bay Wagon Road grant lands in Oregon and deposited in the special fund in the Treasury created by the Act of February 26, 1919 (40 Stat. 1179), and designated “The Coos Bay Wagon Road grant fund” shall be paid annually, in lieu of taxes, by the Secretary of the Treasury, upon certification by the Secretary of the Interior, to the treasurers of Coos and Douglas Counties according to the ratio that the total assessed valuation of the reconveyed Coos Bay Wagon Road grant lands, belonging to the United States, in each of said counties bears to the total assessed valuation of all said lands in those counties, to be used for the purposes mentioned in said Act: Provided, That until such time as the general fund of the Treasury of the United States shall have been fully reimbursed by Douglas County for expenditures which were made charges against the Coos Bay Wagon Road grant fund by section 5 of the Act of February 26, 1919, said Douglas County shall be entitled to receive only 50 per centum of the amount to which it would otherwise be entitled under this subchapter: Provided further, That prior to making any payment under this authorization an appraisal of the land and timber thereon shall be made, within six months after May 24, 1939, by a committee to consist of a representative of the Secretary of the Interior, one representative for the two counties interested, and a third person satisfactory to the Secretary of the Interior and the county officials, but who shall not be an employee of the United States nor a resident of, nor a property owner in, either Coos or Douglas County. Upon appraisal thereof, the land and timber thereon shall be assessed as are other similar properties within the respective counties, and payments hereunder in lieu of taxes shall be computed by applying the same rates of taxation as are applied to privately owned property of similar character in such counties.
(May 24, 1939, ch. 144, § 1, 53 Stat. 753.)
heading: References in Text
text: Act of February 26, 1919, referred to in text, is act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the Code.
heading: Codification
text: Section was formerly classified to section 1181f–1 of this title prior to editorial reclassification and renumbering as this section.
heading: Repeals
text: Act May 24, 1939, ch. 144, § 5, 53 Stat. 754, provided that: “All Acts or parts of Acts inconsistent with this Act [enacting this subchapter] are hereby repealed.”
43 U.S.C. § 2622 (PUBLIC LANDS)
§ 2622. Appraisal of land and timber; manner and frequency; computation of amounts upon basis of last appraisement; deduction of appraisement expenses
Appraisals of the land and timber thereon shall be made, in the manner prescribed in section 2621 of this title, not less frequently than once in each ten-year period, and the amounts due hereunder in any year shall be computed as specified in section 2621 of this title upon the basis of the last appraisement. The expenses of making the appraisements provided for in this subchapter shall be paid by the Secretary of the Treasury upon certification by the Secretary of the Interior, from that portion of the receipts derived from such lands and timber payable to the counties and shall be deducted from any amount due said counties.
(May 24, 1939, ch. 144, § 2, 53 Stat. 754.)
heading: Codification
text: Section was formerly classified to section 1181f–2 of this title prior to editorial reclassification and renumbering as this section.
43 U.S.C. § 2623 (PUBLIC LANDS)
§ 2623. Additional sum from surplus for meeting payments due from insufficient annual receipts; maximum aggregate of decennial payments; covering of excess receipts into general fund of Treasury
If, during any one year, 75 per centum of the receipts are insufficient fully to meet the payments due the counties hereunder, the Secretary of the Treasury, upon certification by the Secretary of the Interior, may pay an additional sum from any surplus of 75 per centum of prior year receipts: Provided, however, That in no event shall the aggregate of payments during any ten-year period commencing with the period beginning July 1, 1940, exceed 75 per centum of the receipts deposited in the Treasury to the credit of the Coos Bay Wagon Road grant fund for such period: Provided further, That at the end of each ten-year period, any balance of the 75 per centum not required for payments to the counties shall be covered into the general fund of the Treasury of the United States.
(May 24, 1939, ch. 144, § 3, 53 Stat. 754.)
heading: Codification
text: Section was formerly classified to section 1181f–3 of this title prior to editorial reclassification and renumbering as this section.
43 U.S.C. § 2624 (PUBLIC LANDS)
§ 2624. Amount available for administration of Coos Bay Wagon Road grant lands under subchapter I; covering of unused receipts into general fund of Treasury
Not to exceed 25 per centum of the annual receipts shall be available, in such amounts as the Congress shall from time to time appropriate for the administration of subchapter I, insofar as such sections apply to the Coos Bay Wagon Road grant lands. Any balance not used for administrative purposes shall be covered into the general fund of the Treasury of the United States.
(May 24, 1939, ch. 144, § 4, 53 Stat. 754.)
heading: References in Text
text: Subchapter I, referred to in text, was in the original a reference to act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classified principally to subchapter I (§ 2601 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 1181f–4 of this title prior to editorial reclassification and renumbering as this section.
43 U.S.C. § 2631 (PUBLIC LANDS)
§ 2631. Unselected and unpatented odd-numbered sections as revested grant lands; administration as national-forest lands; revenues; prohibition against disposition or exchange
Those unselected and unpatented odd-numbered sections within the indemnity limits of the Oregon and California Railroad land grant authorized by the Act of July 25, 1866 (14 Stat. 239), as amended by the Act of April 10, 1869 (16 Stat. 47), and for which payment was made by the United States to such railroad or its successors in interest under the Act of June 9, 1916 (39 Stat. 218), pursuant to the decree in the case of United States against Oregon and California R. R. Co. (8 F. (2d) 645), which were included within the boundaries of national forests by proclamations of the President of the United States issued under the dates of June 17, 1892, September 28, 1893, October 5, 1906, January 25, 1907, March 1, 1907, and March 2, 1907, are declared to be revested Oregon and California Railroad grant lands; and said lands shall continue to be administered as national-forest lands by the Secretary of Agriculture subject to all laws, rules, and regulations applicable to the national forests: Provided, That all revenues hereafter derived from said lands and those revenues heretofore derived from such lands and placed in special deposit by agreement between the Secretary of Agriculture and the Secretary of the Interior shall be disposed of in accordance with the provisions of section 2605 of this title and said lands shall not hereafter be subject to the provisions of any other laws or parts of laws which otherwise prescribe the disposal or distribution of receipts from lands of the United States, except that none of the provisions of this subchapter shall affect revenues distributed prior to June 24, 1954. No part of said lands or the resources thereof shall be subject to exchange under the provisions of this or any other law applicable to national-forest lands or otherwise.
(June 24, 1954, ch. 357, § 1(a), 68 Stat. 270.)
heading: References in Text
text: Acts July 25, 1866, April 10, 1869, and June 9, 1916, referred to in text, are acts July 25, 1866, ch. 242, 14 Stat. 239, Apr. 10, 1869, ch. 27, 16 Stat. 47, and June 9, 1916, ch. 137, 39 Stat. 218, respectively, which are not classified to the Code.
This subchapter, referred to in text, was in the original “this Act”, meaning act June 24, 1954, ch. 357, 68 Stat. 270, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 1181g of this title prior to editorial reclassification and renumbering as this section.
Section constitutes subsec. (a) of section 1 of act June 24, 1954. Subsec. (b) of section 1 amended section 2605(a) of this title.
43 U.S.C. § 2632 (PUBLIC LANDS)
§ 2632. Exchange of jurisdiction between Secretaries; conditions; publication in Federal Register
The Secretary of the Interior and the Secretary of Agriculture are authorized and directed, within two years after June 24, 1954, to exchange administrative jurisdiction of revested Oregon and California Railroad grant lands lying within the boundaries of any national forest or within two miles of such boundaries, and national-forest lands of approximately equal aggregate value, when by such exchange the administration of the lands will be facilitated. Such exchanges shall be made subject to outstanding contracts, permits or other existing rights: Provided, That the said national-forest lands, administrative jurisdiction of which is transferred to the Secretary of the Interior, shall be excluded from the national forest and shall become subject to administration under the same provisions of law as the revested lands in exchange for which they were transferred, and the revested lands, administrative jurisdiction of which is transferred to the Secretary of Agriculture, shall become a part of the national forests subject to administration under the laws applicable to national forests: Provided further, That subject to the requirement of approximate equal aggregate value for the overall exchange, the revested lands and the national-forest lands, administrative jurisdiction of which is exchanged in any county, shall be approximately equal in area unless otherwise agreed to by the counties concerned. The exchanges provided for in this section shall in each case be evidenced by an order signed by the Secretary of the Interior and the Secretary of Agriculture and such orders shall be transmitted to the Division of the Federal Register for filing and publication.
(June 24, 1954, ch. 357, § 2, 68 Stat. 271.)
heading: Codification
text: Section was formerly classified to section 1181h of this title prior to editorial reclassification and renumbering as this section.
43 U.S.C. § 2633 (PUBLIC LANDS)
§ 2633. Designation of national-forest areas within counties; disposition of revenues; approval by court
For the purpose of consolidating and thereby facilitating administration and accounting the Secretary of Agriculture is authorized to designate in the several counties in which the lands described in section 2631 of this title are situated (such designation to be published in the Federal Register), an area of national-forest land of a value substantially equal to the value of the lands in such county from which all revenues shall be disposed of in accordance with the provisions of title II of the Act of August 28, 1937 (50 Stat. 874), and upon such designation the provisions of that Act shall be applicable to the lands so designated in lieu of the lands described in section 2631 of this title: Provided, however, That such designation shall not become effective until approved by the county court of the county in which the lands are located.
(June 24, 1954, ch. 357, § 3, 68 Stat. 271.)
heading: References in Text
text: Act of August 28, 1937, referred to in text, is act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classified principally to subchapter I (§ 2601 et seq.) of this chapter. Title II of the Act enacted section 2605 of this title, repealed section 1174 of this title, and enacted provisions set out as a note under section 2601 of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 1181i of this title prior to editorial reclassification and renumbering as this section.
43 U.S.C. § 2634 (PUBLIC LANDS)
§ 2634. Appropriations to carry out sections 2632 and 2633
For the purpose of carrying out the provisions of sections 2632 and 2633 of this title there are authorized to be appropriated such sums as the Congress may from time to time determine to be necessary.
(June 24, 1954, ch. 357, § 4, 68 Stat. 272.)
heading: Codification
text: Section was formerly classified to section 1181j of this title prior to editorial reclassification and renumbering as this section.
43 U.S.C. § 2701 (PUBLIC LANDS)
§ 2701. Control of noxious plants on Federal lands; State programs; terms of entry
The heads of Federal departments or agencies are authorized and directed to permit the commissioner of agriculture or other proper agency head of any State in which there is in effect a program for the control of noxious plants to enter upon any lands under their control or jurisdiction and destroy noxious plants growing on such land if—
(1) such entry is in accordance with a program submitted to and approved by such department or agency: Provided, That no entry shall occur when the head of such Federal department or agency, or his designee, shall have certified that entry is inconsistent with national security;
(2) the means by which noxious plants are destroyed are acceptable to the head of such department or agency; and
(3) the same procedure required by the State program with respect to privately owned land has been followed.
(Pub. L. 90–583, § 1, Oct. 17, 1968, 82 Stat. 1146.)
heading: Codification
text: Section was formerly classified to section 1241 of this title prior to editorial reclassification and renumbering as this section.
43 U.S.C. § 2702 (PUBLIC LANDS)
§ 2702. Reimbursement of States for expenses
Any State incurring expenses pursuant to section 2701 of this title upon presentation of an itemized account of such expenses shall be reimbursed by the head of the department or agency having control or jurisdiction of the land with respect to which such expenses were incurred: Provided, That such reimbursement shall be only to the extent that funds appropriated specifically to carry out the purposes of this chapter are available therefor during the fiscal year in which the expenses are incurred.
(Pub. L. 90–583, § 2, Oct. 17, 1968, 82 Stat. 1146.)
heading: Codification
text: Section was formerly classified to section 1242 of this title prior to editorial reclassification and renumbering as this section.
43 U.S.C. § 2703 (PUBLIC LANDS)
§ 2703. Authorization of appropriations
There are hereby authorized to be appropriated to departments or agencies of the Federal Government such sums as the Congress may determine to be necessary to carry out the purposes of this chapter.
(Pub. L. 90–583, § 3, Oct. 17, 1968, 82 Stat. 1146.)
heading: Codification
text: Section was formerly classified to section 1243 of this title prior to editorial reclassification and renumbering as this section.
38 U.S.C. § 715 (VETERANS’ BENEFITS)
§ 715. Congressional testimony by employees: treatment as official duty
(a) Congressional Testimony.—
An employee of the Department is performing official duty during the period with respect to which the employee is testifying in an official capacity in front of either chamber of Congress, a committee of either chamber of Congress, or a joint or select committee of Congress.
(b) Travel Expenses.—
The Secretary shall provide travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, to any employee of the Department of Veterans Affairs performing official duty described under subsection (a).
(Added Pub. L. 114–223, div. A, title II, § 247(b)(1), Sept. 29, 2016, 130 Stat. 890.)
heading: Prior Provisions
text: Prior sections 715 and 716 were renumbered sections 1915 and 1916 of this title, respectively.
38 U.S.C. § 717 (VETERANS’ BENEFITS)
§ 717. Limitation on administrative leave
(a) In General.—
Except as provided in subsection (b), the Secretary may not place any covered individual on administrative leave, or any other type of paid non-duty status without charge to leave, for more than a total of 14 days during any 365-day period.
(b) Waiver.—
The Secretary may waive the limitation under subsection (a) and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual placed on such leave or status under subsection (a) if the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave and the reasons for the extension of such leave or status. Such explanation shall include the job title and grade of the covered individual and the location where the individual is employed.
(c) Covered Individual.—
In this section, the term “covered individual” means an employee of the Department—
(1) who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or
(2) against whom any disciplinary action is proposed or initiated under this title or title 5.
(Added Pub. L. 114–315, title V, § 503(a)(1), Dec. 16, 2016, 130 Stat. 1568.)
heading: Prior Provisions
text: Prior sections 717 and 718 were renumbered sections 1917 and 1918 of this title, respectively.
heading: Effective Date
text: Pub. L. 114–315, title V, § 503(b), Dec. 16, 2016, 130 Stat. 1568, provided that: “Section 717 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to any 365-day period beginning on or after the date of enactment of this Act [Dec. 16, 2016].”
38 U.S.C. § 721 (VETERANS’ BENEFITS)
§ 721. Recoupment of bonuses or awards paid to employees of Department
(a) In General.—
Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under title 5, including under chapters 45 or 53 of such title, or this title if—
(1) the Secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus, and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment; and
(2) before such repayment, the employee is afforded—
(A) notice of the proposed order; and
(B) an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice; and
(3) the Secretary issues the order—
(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or
(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).
(b) Appeal of Order of Secretary.—
(1) Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.
(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 business days after receiving such appeal.
(Added Pub. L. 115–41, title II, § 204(a), June 23, 2017, 131 Stat. 875.)
heading: Prior Provisions
text: Prior sections 721 and 722 were renumbered sections 1921 and 1922 of this title, respectively.
heading: Effective Date
text: Pub. L. 115–41, title II, § 204(c), June 23, 2017, 131 Stat. 876, provided that: “Section 721 of title 38, United States Code, as added by subsection (a), shall apply with respect to an award or bonus paid by the Secretary of Veterans Affairs to an employee of the Department of Veterans Affairs on or after the date of the enactment of this Act [June 23, 2017].”
38 U.S.C. § 723 (VETERANS’ BENEFITS)
§ 723. Recoupment of relocation expenses paid on behalf of employees of Department
(a) In General.—
Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount, or a portion of the amount, paid to or on behalf of the employee under title 5 for relocation expenses, including any expenses under section 5724 or 5724a of such title, or this title if—
(1) the Secretary determines that relocation expenses were paid following an act of fraud or malfeasance that influenced the authorization of the relocation expenses;
(2) before such repayment, the employee is afforded—
(A) notice of the proposed order; and
(B) an opportunity to respond to the proposed order not later than ten business days following the receipt of such notice; and
(3) the Secretary issues the order—
(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or
(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).
(b) Appeal of Order of Secretary.—
(1) Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.
(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 days after receiving such appeal.
(Added Pub. L. 115–41, title II, § 205(a), June 23, 2017, 131 Stat. 876.)
heading: Prior Provisions
text: Prior sections 723 to 729 were renumbered sections 1923 to 1929 of this title, respectively.
heading: Effective Date
text: Pub. L. 115–41, title II, § 205(c), June 23, 2017, 131 Stat. 877, provided that: “Section 723 of title 38, United States Code, as added by subsection (a), shall apply with respect to an amount paid by the Secretary of Veterans Affairs to or on behalf of an employee of the Department of Veterans Affairs for relocation expenses on or after the date of the enactment of this Act [June 23, 2017].”