payment shall be made only if application therefor is filed not later than March 31, 1966, in accordance with regulations established by the Secretary. (Pub. L. 87-347, § 7, Oct. 3, 1961, 75 Stat. 768.) § 688. Reports to Congress. The Secretary shall make an annual report with respect to operations under this chapter not later than March 1 of each year to the Congress of the United States. Any such report shall contain such recommendations as the Secretary may deem appropriate. (Pub. L. 87-347, § 8, Oct. 3, 1961, 75 Stat. 768.) § 689. Penalties; civil and criminal liability; eligibility of offenders and operators of leased facilities to benefits. (a) Whoever, for the purpose of procuring a payment to which he is not entitled under this chapter and the regulations issued pursuant thereto or for the purpose of assisting another to procure a payment to which the other is not entitled under this chapter and the regulations issued pursuant thereto, misrepresents any material fact, knowing the same to be false, fictitious, or fraudulent, shall be guilty of an offense against the United States and shall be fined not more than $5,000 or imprisoned not more than two years, or both, and shall thenceforth be entitled to no benefits under this chapter. (b) Whoever accepts a payment under this chapter to which, or any portion of which, he is not entitled, knowing that he is not entitled thereto or whoever, having accepted a payment under this chapter to which, or any portion of which, he is not entitled, retains the same, knowing that he is not entitled thereto, shall be required, in a civil action instituted by the Attorney General, to refund treble the amount accepted or retained by him. The acceptance or retention of any payment as aforesaid shall also constitute an offense against the United States punishable by a fine of not more than $5,000 or imprisonment for not more than two years, or both, and any person who shall be convicted of such offense shall thenceforth be entitled to no benefits under this chapter. (c) No producer shall be eligible for payment under this chapter if he is operating under a lease, contract, or permit obtained after October 3, 1961, from another producer of lead and zinc who has placed a larger portion of his mining properties under lease, contract, or permit to other producers than he had placed at his highest production level since January 1, 1956, to October 3, 1961. (Pub. L. 87-347, § 9, Oct. 3, 1961, 75 Stat. 768.) § 701. Authorization to convey; acreage limitations; qualified applicants; payment; "qualified officer of the United States", defined. The Secretary of the Interior may convey to any occupant of an unpatented mining claim which determined by the Secretary to be invalid an interest, up to and including a fee simple, in and to an area within the claim of not more than (a) five acres or (b) the acreage actually occupied by him whichever is less. The Secretary may make a like conveyance to any occupant of an unpatented miring claim who, after notice from a qualified officer of the United States that the claim is believed to be invalid, relinquishes to the United States all rights in and to such claim which he may have under the mining laws. Any conveyance authorized by this section, however, shall be made only to a qualified applicant, as that term is defined in section 702 of this title, who applies therefor within five years from October 23, 1962, and upon payment of an amount established in accordance with section 705 of this title. As used in this section, the term “qualified officer of the United States" means the Secretary of the Interior or an employee of the Department of the Interior so designated by him: Provided, That the Secretary may delegate his authority to designate qualified officers to the head of any other department or agency of the United States with respect to lands within the administrative jurisdiction of that department or agency. (Pub. L. 87-851, § 1, Oct. 23, 1962, 76 Stat. 1127.) REFERENCES IN TEXT The mining laws, referred to in text, are classified generally to this title. § 702. "Qualified applicant", defined. For the purposes of this chapter a qualified applicant is a residential occupant-owner, as of October 23, 1962, of valuable improvements in an unpatented mining claim which constitute for him a principal place of residence and which he and his predecessors in interest were in possession of for not less than seven years prior to July 23, 1962. (Pub. L. 87-851, § 2, Oct. 23, 1962, 76 Stat. 1127.) § 703. Withdrawal of lands in aid of a governmental unit. Where the lands for which application is made under section 701 of this title have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior. or of a State, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may convey an interest therein only with the consent of the head of the governmental unit concerned and under such terms and conditions as said head may deem necessary. (Pub. L. 87-851, § 3, Oct. 23, 1962, 76 Stat. 1127.) § 704. Purchase of substitute lands; limitations; conditions; payment; conveyance of less than a fee. (a) If the Secretary of the Interior determines that conveyance of an interest under section 701 of this title is otherwise justified but the consent required by section 703 of this title is not given, he may, in accordance with such procedural rules and regulations as he may prescribe, grant the applicant a right to purchase, for residential use, an interest in another tract of land, five acres or less in area, from tracts made available by him for sale under this chapter (1) from the unappropriated and unreserved lands of the United States, or (2) from lands subject to classification under section 315f of Title 43. Said right shall not be granted until arrangements satisfactory to the Secretary have been made for termination of the applicant's occupancy of his unpatented mining claim and for settlement of any liability for the unauthorized use thereof which may have been incurred and shall expire five years from the date on which it was granted unless sooner exercised. The amount to be paid for the interest shall be determined in accordance with section 705 of this title. (b) Any conveyance of less than a fee made under this chapter shall include provision for removal from the tract of any improvements or other property of the applicant at the close of the period for which the conveyance is made, or if it be an interest terminating on the death of the applicant, within one year thereafter. (Pub. L. 87-851, § 4, Oct. 23, 1962, 76 Stat. 1127.) § 705. Purchase price of conveyed interest; installment payments. The Secretary of the Interior, prior to any conveyance under this chapter, shall determine the fair market value of the interest to be conveyed, exclusive of the value of any improvements placed on the lands involved by the applicant or his predecessors in interest. Said value shall be determined as of the date of appraisal. In establishing the purchase price to be paid by the applicant for the interest, the Secretary shall take into consideration any equities of the applicant and his predecessors in interest, including conditions of prior use and occupancy. In any event the purchase price for any interest conveyed shall not exceed its fair market value nor be less than $5 per acre. The Secretary may, in his discretion, allow payment to be made in installments. (Pub. L. 87-851, § 5, Oct. 23, 1962, 76 Stat. 1128.) § 706. Liabilities of occupants; trespass; limitations. (a) The execution of a conveyance as authorized by section 701 of this title shall not relieve any occupant of the land conveyed of any liability, existing on the date of said conveyance, to the United States for unauthorized use of the land in and to which an interest is conveyed. (b) Except where a mining claim embracing land applied for under this chapter by a qualified appli cant was located at a time when the land included therein was withdrawn or otherwise not subject to such location, no trespass charges shall be sought or collected by the United States from any qualified applicant who has filed an application for land in the mining claim pursuant to this chapter, based upon occupancy of such claim, whether residential or otherwise, for any period preceding the final administrative determination of the invalidity of the mining claim by the Secretary of the Interior or the voluntary relinquishment of the mining claim, whichever occurs earlier. Nothing contained in this chapter shall be construed as creating any liability for trespass to the United States which would not exist in the absence of this chapter. Relief under this section shall be limited to persons who file applications for conveyances pursuant to section 701 of this title within five years from October 23, 1962. (Pub. L. 87-851, § 6, Oct. 23, 1962, 76 Stat. 1128.) § 707. Reservation of mineral rights. In any conveyance under this chapter the mineral interests of the United States in the lands conveyed are reserved for the term of the estate conveyed. Minerals locatable under the mining laws or disposable under sections 601–604 of this title, are withdrawn from all forms of entry and appropriation for the term of the estate. The underlying oil, gas, and other leasable minerals of the United States are reserved for exploration and development purposes, but without the right of surface ingress and egress, and may be leased by the Secretary under the mineral leasing laws. (Pub. L. 87-851, § 7, Oct. 23, 1962, 76 Stat. 1128.) REFERENCES IN TEXT The mining laws, referred to in text, are classified generally to this title. § 708. Assignments of rights and privileges. Rights and privileges to qualify as an applicant under this chapter shall not be assignable, but may pass through devise or descent. (Pub. L. 87-851, § 8, Oct. 23, 1962, 76 Stat. 1128.) § 709. Disposition of payments and fees. Payments of filing fees and survey costs, and the payments of the purchase price for patents in fee shall be disposed of by the Secretary of the Interior as are such fees, costs, and purchase prices in the disposition of public lands. All payments and fees for occupancy in conveyance of less than the fee, or for permits for life or shorter periods, shall be disposed of by the administering department or agency as are other reseipts for the use of the lands involved. (Pub. L. 87-851, § 9, Oct. 23, 1962, 76 Stat. 1128.) 9. Legal Tender.......... 10. The Public Moneys.. 11. Appropriations Preparation of horizontal budget for Congress showing totality of programs for meteorology, aspects of program and funding, and estimated goals and financial requirements. GENERAL ACCOUNTING OFFICE Creation; control and direction of; certain offices abolished; officers, employees, books, papers, etc., transferred to General Accounting Office; seal thereof. Comptroller General and Assistant Comptroller General. 42a. Same; compensation. 43. Same; terms of office: removal from office; retirement. 43a. Same; acting Comptroller General during temporary vacancy in offices of Comptroller General and Assistant Comptroller General. 43b. Survivorship benefits of widows and dependent children of Comptrollers General. (a) Election. (b) Deductions from salary and retirement pay. (c) Deposits; interest; effective date. (d) Reduction of annuities or elimination of service from credit. (e) Commencement and amount of annuities. (f) Termination and recomputation of annuities. (g) Definitions. (h) Finality of dependency and disability determinations. (1) Refund of deposits upon separation from service; interest. (1) Beneficiaries; order of precedence. (k) Refunds of deductions exceeding annuities paid upon termination of annuities. (1) Accrued annuities, disposition. (m) Monthly installments; assignments; process. (n) Computation of annuities. (0) Definitions for purpose of computing annui 46. Laws governing General Accounting Office; copies of books, records, etc., thereof as evidence. 47. Payment of adjusted accounts or claims. 48. Same; regulating payment of arrears of pay. 49. 50. 51. Forms, systems, and procedure prescribed by Comp- Forms for use in offices for collecting customs. 51a. General Counsel; compensation. 52. Attorneys and employees in General Accounting Office; appointment; removal; compensation; duties; official acts; rules and regulations made by Comptroller General. 22a. Availability of funds for field examination of estimates. 58. 59. 23. Time for submission of departmental requests to 24. Form and manner of submission of departmental requests; cost-based budgets. Page 6455 Designation of person to sign warrants. Repealed. Leaves of absence; piece-rate employees. Studies by Comptroller General of restrictions in general appropriation Acts; reports to Congress. 60. Analyses of executive agencies' expenditures by Comptroller General; reports to Congressional committees. § 1. Short title. DEFINITIONS This chapter and sections 71, 471, 581, and 581a of this title may be cited as the "Budget and Accounting Act, 1921." (June 10, 1921, ch. 18, title I, § 1, 42 Stat. 20.) REFERENCES IN TEXT "This chapter" as used in the text, refers to sections 1, 2, 11, 13-16, 17, 18, 19-22, 23, 24, 41-43, 44, 46, 47, 49, 52, and 53-55 of this title, all of which are set out in this chapter. CODIFICATION This was the first section of an Act entitled "An act to provide a national budget system and an independent audit of Government accounts, and for other purposes." Section 205 of that act provided for the transmission of an alternative budget for the fiscal year ending June 30, 1923. Section 210 provided for the preparation and transmission to Congress of a codification of the laws relating to the transmission to Congress of statements of receipts and expenditures, and estimates of appropriations, with recommendations as to changes. Section 217 made an appropriation for the establishment and maintenance of the Bureau of the Budget. Section 315 transferred certain appropriations and portions of appropriations to the General Accounting Office, specified purposes for which they might be expended, and authorized changes in the number and compensation of officers and employees during the fiscal year ending June 30, 1922. Section 316 provided that the General Accounting Office and Bureau of Accounts should not be regarded as a bureau or office created since Jan. 1, 1916, so as to deprive employees of additional compensation under section 6 of the Legislative, Executive and Judicial Appropriation Act for the fiscal year ending June 30, 1922. Section 317 related to the transfer of employees to the General Accounting Office during such fiscal year. Section 318 related to the time of taking effect of the act. These sections were omitted from the Code as temporary and obsolete. § 2. Definitions. When used in this chapter and sections 71, 471, 581, and 581a of this title The terms "department and establishment" and "department or establishment" mean any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board and the municipal government of the District of Columbia, but do not include the legislative branch of the Government or the Supreme Court of the United States; The term "the Budget" means the Budget required by section 11 of this title to be transmitted to Congress; The term "bureau" means the Bureau of the Budget; The term "director" means the Director of the Bureau of the Budget; and The term "deputy director" means the Deputy Director of the Bureau of the Budget. The term "appropriations" includes, in appropriate context, funds and authorizations to create obligations by contract in advance of appropriations, or any other authority making funds available for obligation or expenditure. (June 10, 1921, ch. 18, title I, § 2, 42 Stat. 20; Apr. 3, 1939, ch. 36, title II, §201, 53 Stat. 565; Sept. 12, 1950, ch. 946, title I, pt. I, § 101, 64 Stat. 832; July 31, 1953, ch. 302, title I, § 101, 67 Stat. 299.) REFERENCES IN TEXT "This chapter", as used in the text, refers to sections 1, 2, 11, 13—16, 17, 18, 19—22, 23, 24, 41—43, 44, 46, 47, 49, 52, and 53-55 of this title, all of which are set out in this chapter. AMENDMENTS 1950-Act Sept. 12, 1950, amended section by adding the definition of "appropriations". 1939-Act Apr. 3, 1939, amended section by inserting after "including" "any independent regulatory commission or board and". CHANGE OF NAME Act July 31, 1953, designated the Assistant Director to be the Deputy Director. SHORT TITLE Congress, in enacting sections 18a and 18b of this title, chapter 1A of this title, sections 581b and 581c of this title, and the amendments to this section and sections 11, 14, 16, 22, 23, 24, 581, 581a and 847 of this title, provided by section 1 of act Sept. 12, 1950, that it should be popularly known as the "Budget and Accounting Procedures Act of 1950". THE BUDGET § 11. President to transmit Budget to Congress; contents thereof. (a) The President shall transmit to Congress during the first fifteen days of each regular session, the Budget, which shall set forth his Budget message, summary data and text, and supporting detail. The Budget shall set forth in such form and detail as the President may determine (1) functions and activities of the Government; (2) at such times as may be practicable, information on program costs and accomplishments; (3) any other desirable classifications of data; (4) a reconciliation of the summary data on expenditures with proposed appropriations: (5) estimated expenditures and proposed appropriations necessary in his judgment for the support of the Government for the ensuing fiscal year, except that estimated expenditures and proposed appropriations for such year for the legislative branch of the Government and the Supreme Court of the United States shall be transmitted to the President on or before October 15 of each year, and shall be included by him in the Budget without revision; (6) estimated receipts of the Government during the ensuing fiscal year, under (1) laws existing at the time the Budget is transmitted and also (2) under the revenue proposals, if any, contained in the Budget; (7) actual appropriations, expenditures, and receipts of the Government during the last completed fiscal year; (8) estimated expenditures and receipts, and actual or proposed appropriations of the Government during the fiscal year in progress; (9) balanced statements of (1) the condition of the Treasury at the end of the last completed fiscal year, (2) the estimated condition of the Treasury at the end of the fiscal year in progress, and (3) the estimated condition of the Treasury at the end of the ensuing fiscal year if the financial proposals contained in the Budget are adopted; (10) all essential facts regarding the bonded and other indebtedness of the Government; and |