An Act to amend the Land and Water Conservation Fund Act of 1965, as amended, to establish the National Historic Preservation Fund, and for other purposes.
PL 94-422 (S.327), enacted 09/28/1976

PUBLIC LAW 94-422—SEPT. 28, 1976 
90 STAT. 1313 
Public Law 94-422 
94th Congress 
An Act 
To amend the Land and Water Conservation Fund Act of 1965, as amended, 
to establish the National Historic Preservation Fund, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ 
TITLE I—LAND AND WATER CONSERVATION FUND 
SEC. 101. The Land and Water Conservation Fund Act of 1965 (78 
Stat. 987), as amended (16 U.S.C. 4601-4 et seq.), is further amended 
as follows: 
(1) Amend section 2 to read as follows: 
"SEC. 2. SEPARATE FUND.—During the period ending September 30, 
1989, there shall be covered into the land and water conservation fund 
in the Treasury of the United States, which fund is hereby established 
and is hereinafter referred to as the 'fund', the following revenues 
and collections: 
" (a) SURPLUS PROPERTY SALES.—All proceeds (except so much there-
of as may be otherwise obligated, credited, or paid under authority of 
those provisions of law set forth in section 485(b) (e), title 40, United 
States Code, or the Independent Offices Appropriation Act, 1963 (76 
Stat. 725) or in any later appropriation Act) hereafter received from 
any disposal of surplus real property and related personal property 
under the Federal Property and Administrative Services Act of 1949, 
as amended, notwithstanding any provision of law that such proceeds 
shall be credited to miscellaneous receipts of the Treasury. Nothing 
in this Act shall affect existing laws or regulations concerning disposal 
of real or personal surplus property to schools, hospitals, and States 
and their political subdivisions. 
"(b) MOTORBOAT FUELS TAX.—The amounts provided for in section 
201 of this Act. 
"(c) (1) OTHER REVENUES.—In addition to the sum of the revenues 
and collections estimated by the Secretary of the Interior to be covered 
into the fund pursuant to this section, as amended, there are authorized 
to be appropriated annually to the fund out of any money in the Treas-
ury not otherwise appropriated such amounts as are necessary to make 
the income of the fund not less than $300,000,000 for fiscal year 1977, 
$600,000,000 for fiscal year 1978, $750,000,000 for fiscal year 1979, and 
$900,000,000 for fiscal year 1980 and for each fiscal year thereafter 
through September 30, 1989. 
"(2) To the extent that any such sums so appropriated are not suf-
ficient to make the total annual income of the fund equivalent to the 
amounts provided in clause (1), an amount sufficient to cover the 
remainder thereof shall be credited to the fund from revenues due and 
payable to the United States for deposit in the Treasury as miscella-
neous receipts under the Outer Continental Shelf Lands Act, as 
amended (43 U.S.C. 1331 et seq.) : Provided, That notwithstanding the 
provisions of section 3 of this Act, moneys covered into the fund under 
Sept. 28, 1976 
[S. 327] 
Land and Water 
Conservation 
Fund Act, 
amendment; 
National Historic 
Preservation 
Fund, establishi-
ment. 
16 u s e 460/-5. 
40 u s e 471 note. 
16USC460/-11. 
Appropriation 
authorization. 
16 u s e 460/-(i. 
90 STAT. 1314 
PUBLIC LAW 94-422—SEPT. 28, 1976 
tliis paragraph shall remain in the fund until appropriated by the 
Congress to carry out the purpose of this Act.". 
(2) Amend section 5 to read as follows: 
"ALLOCATION or LAND AND WATER CONSERVATION FUND FOR STATE AND 
FEDERAL PURPOSES 
16 use 460Z-7. 
"SEC. 5. ALLOCATION.—There shall be submitted with the annual 
budget of the United States a comprehensive statement of estimated 
requirements during the ensuing fiscal year for appropriations from 
the fund. Not less than 40 per centum of such appropriations shall be 
available for Federal purposes.". 
,;, 
(3) Amend section 6 to read as follows: 
u 
FINANCIAL A S S I S T A N C E TO STATES 
16 use 460Z-8. 
"SEC. 6. GENERAL AUTHORITY; PURPOSES.— (a) The Secretary of the 
Interior (hereinafter referred to as the 'Secretary') is authorized to 
provide financial assistance to the States from moneys available for 
State purposes. Payments may be made to the States by the Secretary 
as hereafter provided, subject to such terms and conditions as he con-
siders appropriate and in the public interest to carry out the purposes 
of this Act, for outdoor recreation: (1) planning, (2) acquisition of 
land, waters, or interests in land or waters, or (3) development. 
"(b) APPORTIONMENT AMONG STATES; NOTIFICATION.—Sums appro-
priated and available for State purposes for each fiscal year shall be 
apportioned among the several States by the Secretary, whose deter-
mination shall be final, in accordance with the following formula: 
" (1) Forty per centum of the first $225,000,000; thirty per cen-
^" ^; > >
" ' 
turn of the next $275,000,000; and twenty per centum of all addi-
tional appropriations shall be apportioned equally among the 
several States; and 
"(2) At any time, the remaining appropriation shall be appor-
tioned on the basis of need to individual States by the Secretary 
in such amounts as in his judgment w^ill best accomplish the pur-
poses of this Act. The determination of need shall include among 
other things a consideration of the proportion which the popula-
'•'• ' =' 
tion of each State bears to the total population of the United States 
and of the use of outdoor recreation resources of individual States 
by persons from outside the State as well as a consideration of the 
Federal resources and programs in the particular States. 
"(3) The total allocation to an individual State under para-
graphs (1) and (2) of this subsection shall not exceed 10 per 
centum of the total amount allocated to the several States in any 
one year. 
"(4) The Secretary shall notify each State of its apportion-
ments; and the amounts thereof shall be available thereafter for 
payment to such State for planning, acquisition, or development 
projects as hereafter prescribed. Any amount of any apportion-
ment that has not been paid or obligated by the Secretary during 
the fiscal year in which such notification is given and for two 
fiscal years thereafter shall be reapportioned by the Secretary 
< -•;; <| V 
in accordance with paragraph (2) of this subsection, without 
regard to the 10 per centum limitation to an individual State 
specified in this subsection. 
"(5) For the purposes of paragraph (1) of this subsection, the 
District of Columbia, Puerto Kico, the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern Mari-
ana Islands (when such islands achieve Commonwealth status) 
PUBLIC LAW 94-422—SEPT. 28, 1976 
90 STAT. 1315 
shall be treated collectively as one State, and shall receive shares 
of such apportionment in proportion to their populations. The 
above listed areas shall be treated as States for all other purposes 
of this title. 
"(c) MATCHING REQUIREMENTS.—Payments to any State shall cover 
not more than 50 per centum of the cost of planning, acquisition, or 
development projects that are undertaken by the State. The remaining 
share of the cost shall be borne by the State in a manner and v^ith such 
funds or services as shall be satisfactory to the Secretary. No payment 
may be made to any State for or on account of any cost or obligation 
incurred or any service rendered prior to the date of approval of this 
Act. 
" ( d ) COMPREHENSIVE STATE PLAN REQUIRED ; PLANNING PROJECTS.— 
A comprehensive statewide outdoor recreation plan shall be required 
prior to the consideration by the Secretary of financial assistance for 
acquisition or development projects. The plan shall be adequate if, in 
the judgment of the Secretary, it encompasses and will promote the 
purposes of this Act: Provided^ 
That no plan shall be approved 
unless the Governor of the respective State certifies that ample oppor-
tunity for public participation in plan development and revision has 
been accorded. The Secretary shall develop, in consultation with others, 
criteria for public participation, which criteria shall constitute the 
basis for the certification by the Governor. The plan shall contain— 
"(1) the name of the State agency that will have authority to 
represent and act for the State in dealing with the Secretary for 
purposes of this Act; 
"(2) an evaluation of the demand for and supply of outdoor 
recreation resources and facilities in the State; 
"(3) a program for the implementation of the plan; and 
"(4) other necessary information, as may be determined by 
the Secretary. 
The plan shall take into account relevant Federal resources and pro-
grams and shall be correlated so far as practicable with other State, 
regional, and local plans. Where there exists or is in preparation for 
any particular State a comprehensive plan financed in part with funds 
supplied by the Housing and Home Finance Agency, any statewide 
outdoor recreation plan prepared for purposes of this Act shall be 
based upon the same population, growth, and other pertinent factors 
as are used in formulating the Housing and Home Finance Agency 
financed plans. 
"The Secretary may provide financial assistance to any State for 
projects for the preparation of a comprehensive statewide outdoor rec-
reation plan when such plan is not otherwise available or for the 
maintenance of such plan. 
"(e) PROJECTS FOR LAND AND WATER ACQUISITION ; DEVELOPMENT.— 
In addition to assistance for planning projects, the Secretary may 
provide financial assistance to any State for the following types of 
projects or combinations thereof if they are in accordance with the 
State comprehensive plan: 
"(1) ACQUISITION OF LAND AND WATERS.—For the acquisition 
of land, waters, or interests in land or waters (other than land, 
waters, or interests in land or waters acquired from the United 
States for less than fair market value), but not including inciden-
tal costs relating to acquisition. 
"Whenever a State provides that the owner of a single-family 
residence may, at his option, elect to retain a right of use and 
occupancy for not less than six months from the date of acquisi-
tion of such residence and such owner elects to retain such a 
Certification from 
Governors. 
Public 
participation, 
criteria. 
90 STAT. 1316 
PUBLIC LAW 94-422—SEPT. 28, 1976 
right, such owner shall be deemed to have waived any benefits 
under sections 203, 204, 205, and 206 of the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970 
42 use 4623- 
(84 Stat. 1894) and for the purposes of those sections such owner 
'*^26. 
shall not be considered a displaced person as defined in section 
42 use 4601. 
101 (6) of that Act. 
"(2) DEVELOPMENT.—For development of basic outdoor recrea-
tion facilities to serve the general public, including the develop-
ment of Federal lands under lease to States for terms of twenty-
five years or more: Provided^ That no assistance shall be available 
under this Act to enclose or shelter facilities normally used for 
outdoor recreation activities, but the Secretary may permit local 
funding, and after the date of enactment of this proviso not to 
exceed 10 per centum of the total amount allocated to a State in 
any one year to be used for sheltered facilities for swimming 
pools and ice skating rinks in areas where the Secretary deter-
mines that the severity of climatic conditions and the increased 
"''"''"- ' ' 
public use thereby made possible justifies the construction of such 
'^"" 
facilities. 
"(f) 
REQUIREMENTS FOR PROJECT APPROVAL ; CONDITION.— (1) Pay-
ments may be made to States by the Secretary only for those planning, 
acquisition, or development projects that are approved by him. No 
payment may be made by the Secretary for or on account of any 
project with respect to which financial assistance has been given or 
promised under any other Federal program or activity, and no 
financial 
assistance may be given under any other Federal program 
or activity for or on account of any project Avith respect to which such 
assistance has been given or promised under this Act. The Secretary 
may make payments from time to time in keeping with the rate of 
progress toward the satisfactory completion of individual projects: 
Provided, 
That the approval of all projects and all payments, or any 
commitments relating thereto, shall be withheld until the Secretary 
receives appropriate written assurance from the State that the 
State has the ability and intention to finance its share of the cost of 
the particular project, and to operate and maintain by acceptable 
standards, at State expense, the particular properties or facilities 
acquired or developed for public outdoor recreation use. 
" (2) Payments for all projects shall be made by the Secretary to the 
Governor of the State or to a State official or agency designated by 
the Governor or by State law having authority and responsibility 
(:o accept and to administer funds paid hereunder for approved proj-
ects. If consistent with an approved project, funds may be transferred 
by the State to a. political subdivision or other appropriate public 
agency. 
Property use, 
"(3) No property acquired or developed with assistance under this 
conversion. 
section shall, without the approval of the Secretary, be converted 
to other than public outdoor recreation uses. The Secretary shall 
approve such conversion only if he finds it to be in accord with the 
, 
then existing comprehensive statewide outdoor recreation plan and 
only upon such conditions as he deems necessary to assure the sub-
stitution of other recreation properties of at least equal fair market 
value and of reasonably equivalent usefulness and location. 
'. 
"(4) No payment shall be made to any State until the State has 
/ 
agreed to (1) provide such reports to the Secretary, in such form and 
containing such information, as may be reasonably necessary to enalale 
the Secretary to perform his duties under this Act, and (2) provide 
such fiscal control and fund accounting procedures as may be necessary 
PUBLIC LAW 94-422—SEPT. 28, 1976 
90 STAT. 1317 
to assure proper disbursement and accounting for Federal funds paid 
to the State under this Act. 
"(5) Each recipient of assistance under this Act shall keep such rec-
ords as the Secretary shall prescribe, including records which fully 
disclose the amount and the disposition by such recipient of the pro-
ceeds of such assistance, the total cost of the project or undertaking 
in connection with which such assistance is given or used, and the 
amount and nature of that portion of the cost of the project or under-
taking supplied by other sources, and such other records as will 
facilitate an effective audit. 
"(6) The Secretary, and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall have 
access for the purpose of audit and examination to any books, docu-
ments, papers, and records of the recipient that are pertinent to assist-
ance received under this Act. 
"(7) Each State shall evaluate its grant programs annually under 
guidelines set forth by the Secretary and shall transmit such evaluation 
to the Secretary, together with a list of all projects funded during 
that fiscal year, including, but not limited to, a description of each 
project, the amount of Federal funds employed in such project, the 
source of other funds, and the estimated cost of completion of the 
project. Such evaluation and the publication of same shall be eligible 
for funding on a 50-50 matching basis. The results of the evaluation 
shall be annually reported on a fiscal year basis to the Bureau of Out-
door Recreation, which agency shall forward a summary of such 
reports to the Committees on Interior and Insular Affairs of the 
United States Congress, Such report to the committees shall also 
include an analysis of the accomplishments of the fund for the period 
reported, and may also include recommendations as to future improve-
ments for the operation of the Land and Water Conservation Fund 
program. 
"(8) With respect to property acquired or developed with assistance 
from the fund, discrimination on the basis of residence, including pref-
erential reservation or membership systems, is prohibited except to the 
extent that reasonable differences in admission and other fees may be 
maintained on the basis of residence. 
"(g) COORDINATION W I T H FEDERAL AGENCIES.—In order to assure 
consistency in policies and actions under this Act, with other related 
Federal programs and activities (including those conducted pursuant 
to title V I I of the Housing Act of 1961 and section 701 of the Housing 
Act of 1954) and to assure coordination of the planning, acquisition, 
and development assistance to States under this section with other 
related Federal programs and activities, the President may issue such 
regulations with respect thereto as he deems desirable and such assist-
ance may be provided only in accordance with such regulations.". 
(4) Amend section 7 to read as follows: 
"SEC. 7. (a) Moneys appropriated from the fund for Federal pur-
poses shall, unless otherwise allotted in the appropriation Act making 
them available, be allotted by the President to the following purposes 
and subpurposes: 
" (1) For the acquisition of land, waters, or interests in land or waters 
as follows: 
"NATIONAL 
PARK 
SYSTEM; 
RECREATION 
AREAS.—^Within 
the 
exterior boundaries of areas of the National Park System now or 
hereafter authorized or established and of areas now or hereafter 
authorized to be administered by the Secretary of the Interior for 
outdoor recreation purposes. 
Recordkeeping. 
Audit. 
State programs, 
annual 
evaluation, 
transmittal to 
Secretary. 
Report summary, 
transmittal to 
congressional 
committees. 
Analysis and 
recommendations. 
Regulations. 
42 u s e 1500. 
40 u s e 461. 
16 u s e 460/-9. 
90 STAT. 1318 
PUBLIC LAW 94-422—SEPT. 28, 1976 
16 use 1534. 
16 use 460/-10. 
Ante, p. 1313. 
Standards and 
guidelines. 
Review and 
report, submittal 
to congressional 
committees. 
16 use 
460/-10d. 
"NATIONAL FOREST SYSTEM.—Inholdings within (a) wilderness 
areas of the National Forest System, and (b) other areas of 
national forests as the boundaries of those forests exist on the 
effective date of this Act, or purchase units approved by the 
National Forest Reservation Commission subsequent to the date of 
this Act, all of which other areas are primarily of value for out-
door recreation purposes: Provided, 
That lands outside of but 
adjacent to an existing national forest boundary, not to exceed 
three thousand acres in the case of any one forest, which would 
comprise an integral part of a forest recreational management 
area may also be acquired with moneys appropriated from this 
fund: Provided 
further, 
That except for areas specifically author-
ized by Act of Congress, not more than 15 per centum of the acre-
age added to the National Forest System pursuant to this section 
shall be west of the 100th meridian. 
"NATIONAL 
WILDLIFE 
REFUGE SYSTEM.—Acquisition 
for 
(a) 
endangered species and threatened species authorized under sec-
tion 5(a) of the Endangered Species Act of 1973; (b) areas 
authorized by section 2 of the Act of September 28, 1962, as 
amended (16 U.S.C. 460k-l); (c) national wildlife refuge areas 
under section 7(a) (5) of the Fish and Wildlife Act of 1956 (16 
U.S.C. 742f(5)) except migratory waterfowl areas which are 
authorized to be acquired by the Migratory Bird Conservation 
Act of 1929, as amended (16 U.S.C. 715-715s); (d) any areas 
authorized for the National Wildlife Refuge System by specific 
Acts. 
"(2) For payment into miscellaneous receipts of the Treasury as a 
partial offset for those capital costs, if any, of Federal water develop-
ment projects hereafter authorized to be constructed by or pursuant to 
an Act of Congress which are allocated to public recreation and the 
enhancement of fish and wildlife values and financed through appro-
priations to water resource agencies. 
"(b) 
ACQUISITION RESTRICTION.—Appropriations from the fund 
pursuant to this section shall not be used for acquisition unless such 
acquisition is otherwise authorized by law.". 
(5) Amend section 8 to read as follows: 
"SEC. 8. Moneys derived from the sources listed in section 2 of this 
Act shall not be available for publicity purposes: Provided, 
hotvever, 
That in each case where significant acquisition or development is initi-
ated, appropriate standardized temporary signing shall be located on 
or near the affected site, to the extent feasible, so as to indicate the 
action taken is a product of funding made available through the Land 
and Water Conservation Fund. Such signing may indicate the per 
centum and dollar amounts financed by Federal and non-Federal 
funds, and that the source of the funding includes moneys derived 
from Outer Continental Shelf receipts. The Secretary shall prescribe 
standards and guidelines for the usage of such signing to assure con-
sistency of design and application.". 
(6) Add the following new section: 
"SEC. 12. Within one year of the date of enactment of this section, 
the Secretary is authorized and directed to submit to the (committees 
on Interior and Insular Affairs of the Senate and House of Repre-
sentatives a comprehensive review and report on the needs, problems, 
and opportunities associated with urban recreation in highly popu-
lated regions, including the resources potentially available for meeting 
such needs. The report shall include site specific analyses and alterna-
tives, in a selection of geographic environments representative of the 
Nation as a whole, including, but not limited to, information on needs, 
PUBLIC LAW 94-422—SEPT. 28, 1976 
90 STAT. 1319 
local capabilities for action, major site opportunities, trends, and a 
full range of options and alternatives as to possible solutions and 
courses of action designed to preserve remaining open space, amelio-
rate recreational deficiency, and enhance recreational opportunity for 
urban populations, together with an analysis of the capability of the 
Federal Government to provide urban-oriented environmental educa-
tion programs (including, but not limited to, cultural programs in the 
arts and crafts) within such options. The Secretary shall consult with, 
and request the views of, the affected cities, counties, and States on the 
alternatives and courses of action identified.". 
Consultation. 
16 use 460/-4 
note. 
TITLE II—NATIONAL HISTORIC PRESERVATION FUND 
SEC. 201. The Act of October 15, 1966 (80 Stat. 915), as amended 
(16 U.S.C. 470), is amended as follows: 
(1) Amend section 102 to read as follows: 
Grants. 
"SEC. 102. (a) No grant may be made under this Act— 
16 USC 470b. 
" (1) unless application therefor is submitted to the Secretary in 
accordance with regulations and procedures prescribed by him; 
"(2) unless the application is in accordance with the compre-
hensive statewide historic preservation plan which has been 
approved by the Secretary after considering its relationship to the 
comprehensive statewide outdoor recreation plan prepared pur-
suant to the Land and Water Conservation Fund Act of 1965 (78 
Stat. 897) ; 
"(3) for more than 50 per centum of the total cost involved, as 
determined by the Secretary and his determination shall be final; 
"(4) unless the grantee has agreed to make such reports, in such 
form and containing such information as the Secretary may from 
time to time require; 
"(5) unless the grantee has agreed to assume, after completion 
of the project, the total cost of the continued maintenance, repair, 
and administration of the property in a manner satisfactory to 
the Secretary; and 
" (6) until the grantee has complied with such further terms and 
conditions as the Secretary may deem necessary or advisable. 
"(b) The Secretary may in his discretion waive the requirements of Waiver, 
subsection (a), paragraphs (2) and (5) of this section for any grant 
under this Act to the National Trust for Historic Preservation in the 
United States, in which case a grant to the National Trust may 
include funds for the maintenance, repair, and administration of the 
property in a manner satisfactory to the Secretary. 
"(c) The Secretary may in his discretion waive the requirements Waiver, 
of paragraph (3) of subsection (a) of this section for the purposes 
of making grants for the preparation of statewide historic preser-
vation plans and surveys and project plans. Any grant made pursuant 
to this subsection may not exceed 70 per centum of the cost of a project, 
and the total of such grants made pursuant to this subsection in any one 
fiscal year may not exceed one-half of the funds appropriated for 
that fiscal year pursuant to section 108 of this Act. 
Post, p. 1320. 
"(d) No State shall be permitted to utilize the value of real property 
obtained before the date of approval of this Act in meeting the 
remaining cost of a project for which a grant is made under this Act.". 
(2) Amend section 103(a) by deleting '•'•Provided, however, That 16 USC 470c. 
the amount granted to any one State shall not exceed 50 per centum of 
the total cost of the comprehensive statewide historic survey and 
plan for that State, as determined by the Secretary,". 
90 STAT. 1320 
PUBLIC LAW 94-422—SEPT. 28, 1976 
16 use 470f. 
Historic 
Preservation 
Fund, 
establishment. 
16 use 470h. 
43 use 1331 
note. 
Advisory eouncil 
on Historic 
Preservation. 
Membership. 
16 use 470i. 
(3) Amend section 106 by inserting after the words "included in" 
the phrase "or eligible for inclusion in". 
(4) Amend section 108 to read as follows: 
"SEC. 108. To carry out the provisions of this Act, there is hereby 
established the Historic Preservation Fund (hereafter referred to as 
the 'fund') in the Treasury of the United States. 
"There shall be covered into such fund $24,400,000 for fiscal year 
1977, $100,000,000 for fiscal year 1978, $100,000,000 for fiscal year 
1979, $150,000,000 for fiscal year 1980, and $150,000,000 for fiscal year 
1981, from revenues due and payable to the United States under the 
Outer Continental Shelf Lands Act (67 Stat. 462, 469), as amended 
(43 U.S.C. 338), and/or under the Act of June 4,1920 (41 Stat. 813), 
as amended (30 U.S.C. 191), notwithstanding any provision of law 
that such proceeds shall be credited to miscellaneous receipts of the 
Treasury. Such moneys shall be used only to carry out the purposes of 
this Act and shall be available for expenditure only when appropri-
ated by the Congress. Any moneys not appropriated shall remain 
available in the fund until appropriated for said purposes: Provided^ 
That appropriations made pursuant to this paragraph may be made 
without fiscal year limitation.". 
(5) Amend section 201 to read as follows: 
"SEC. 201. (a) There is established as an independent agency of 
the United States Government an Advisory Council on Historic Pres-
ervation (hereinafter referred to as the 'Council') which shall be com-
posed of twenty-nine members as follows: 
" (1) The Secretary of the Interior; 
The Secretary of Housing and Urban Development; 
The Secretary of Commerce; 
The Administrator of the General Services Administra-
"(2) 
"(3) 
"(4) 
tion; 
"(5) 
"(6) 
"(7) 
"(8) 
"(9) 
"(10) 
The Secretary of the Treasury; 
The Attorney General; 
The Secretary of Agriculture; 
The Secretary of Transportation; 
The Secretary of State; 
The Secretary of Defense; 
Term. 
"(11) The Secretary of Health, Education, and Welfare; 
" (12) The Chairman of the Council on Environmental Quality; 
"(13) The Chairman of the Federal Council on the Arts and 
Humanities; 
" (14) The Architect of the Capitol; 
"(15) The Secretary of the Smithsonian Institution; 
"(16) The Chairman of the National Trust for Historic Pres-
ervation ; 
"(17) The President of the National Conference of State His-
toric Preservation Officers; and 
"(18) Twelve appointed by the President from outside the 
Federal Government. In making these appointments, the Presi-
dent shall give due consideration to the selection of officers of 
State and local governments and individuals who are signifi-
cantly interested and experienced in the matters to be considered 
by the Council. 
"(b) Each member of the Council specified in paragraphs (1) 
through (17) of subsection (a) may designate another officer of his 
department, agency, or organization to serve on the Council in his 
stead. 
"(c) Each member of the Council appointed under paragraph (18) 
of subsection (a) shall serve for a term of five years from the expira-
tion of his predecessor's term; except that the members first appointed 
PUBLIC LAW 94-422—SEPT. 28, 1976 
90 STAT. 1321 
under that paragraph shall serve for terms of from one to five years, 
as designated by the President at the time of appointment, in such 
manner as to insure that the terms of not less than one nor more than 
two of them will expire in any one year. 
"(d) A vacancy in the Council shall not affect its powers, but shall 
be filled in the same manner as the original appointment (and for the 
balance of the unexpired term). 
"(e) The Chairman and the Vice Chairman of the Council shall be 
designated by the President. During the absence or disability of the 
Chairman or when the office is vacant, the Vice Chairman shall act in 
the place of the Chairman. 
"(f) Fifteen members of the Council shall constitute a quorum.". 
(6) Amend section 204 by deleting the term "(10)" in the first 
sentence and inserting in lieu thereof the term "(17)", and by striking 
the term "(11)" in the second sentence and inserting in lieu thereof 
the term "(18)". 
(7) Amend section 205 to read as follows: 
"SEC. 205. (a) There shall be an Executive Director of the Council 
who shall be appointed in the competitive service by the Chairman 
with the concurrence of the Council. The Executive Director shall 
report directly to the Council and perform such functions and duties 
as the Council may prescribe. 
"(b) The Council shall have a General Counsel, who shall be 
appointed by the Executive Director. The General Counsel shall report 
directly to the Executive Director and serve as the Council's legal 
advisor. The Executive Director shall appoint such other attor-
neys as may be necessary to assist the General Counsel, represent the 
Council in courts of law whenever appropriate, assist the Department 
of Justice in handling litigation concerning thg Council in courts of 
law, and perform such other legal duties and functions as the Execu-
tive Director and the Council may direct. 
"(c) The Executive Director of the Council may appoint and fix 
the compensation of such officers and employees in the competitive 
service as are necessary to perform the functions of the Council at 
rates not to exceed that now or hereafter prescribed for the highest 
rate for grade 15 of the General Schedule under section 5332 of title 5, 
United States Code: Provided, however, That the Executive Director, 
with the concurrence of the Chairman, may appoint and fix the com-
pensation of not to exceed five employees in the competitive service at 
rates not to exceed that now or hereafter prescribed for the highest 
rate of grade 17 of the General Schedule under section 5332 of title 5, 
United States Code. 
"(d) The Executive Director shall have power to appoint and fix 
the compensation of such additional personnel as may be necessary to 
carry out its duties, without regard to the provisions of the civil serv-
ice laws and the Classification Act of 1949. 
"(e) The Executive Director of the Council is authorized to procure 
expert and consultant services in accordance with the provisions of 
section 3109 of title 5, United States Code. 
"(f) Financial and administrative services (including those related 
to budgeting, accounting, financial reporting, personnel and procure-
ment) shall be provided the Council by the Department of the Interior, 
for which payments shall be made in advance, or by reimburse-
ment, from funds of the Council in such amounts as may be agreed 
upon by the Chairman of the Council and the Secretary of the Interior: 
Provided, That the regulations of the Department of the Interior for 
the collection of indebtedness of personnel resulting from erroneous 
Vacancies. 
Quorum. 
16 use 470/. 
Council, 
Executive 
Director. 
16 u s e 470m. 
General eounsel. 
Compensation. 
Experts and 
consultants. 
Financial and 
administrative 
90 STAT. 1322 
PUBLIC LAW 94-422—SEPT. 28, 1976 
payments (5 U.S.C. 46e) shall apply to the collection of erroneous 
payments made to or on behalf of a Council employee, and regulations 
of said Secretary for the administrative control of funds (31 U.S.C. 
665(g)) shall apply to appropriations of the Council: And provided 
' * 
further. That the Council shall not be required to prescribe such 
regulations. 
'(g) The members of the Council specified in paragraphs (1) 
^rate, p. 1320. 
through (16) of section 201(a) shall provide the Council, with or 
without reimbursement as may be agreed upon by the Chairman and 
the members, with such funds, personnel, facilities, and services under 
their jurisdiction and control as may be needed by the Council to carry 
out its duties, to the extent that such funds, personnel, facilities, and 
*
' 
services are requested by the Council and are otherwise available for 
that purpose. To the extent of available appropriations, the Council 
may obtain, by purchase, rental, donation, or otherwise, such addi-
tional property, facilities, and services as may be needed to carry out 
its duties.". 
(8) Amend section 206 (c) to read as follows: 
"(c) For the purposes of this section there are authorized to be 
appropriated not more than $175,000 per year for fiscal years 1977, 
1978, and 1979: Provided, That no appropriation is authorized and no 
payment shall be made to the Centre in excess of 25 per centum of the 
total annual assessment of such organization.". 
(9) Add the following new sections: 
"SEC. 207. So much of the personnel, property, records, and 
unexpended balances of appropriations, allocations, and other funds 
employed, held, used, programed, or available or to be made available 
by the Department of the Interior in connection with the functions of 
the Council, as the Director of the Office of Management and Budget 
shall determine, shall be transferred from the Department to the 
Council within 60 days of the effective date of this Act. 
"SEC. 208. Any employee in the competitive service of the United 
States transferred to the Council under the provisions of this section 
shall retain all the rights, benefits, and privileges pertaining thereto 
held prior to such transfer. 
"SEC. 209. The Council is exempt from the provisions of the Federal 
Advisory Committee Act (86 Stat. 770), and the provisions of the 
Administrative Procedure Act (80 Stat. 381) shall govern the opera-
tions of the Council. 
"SEC. 210. Whenever the Council transmits any legislative recom-
mendations, or testimony, or comments on legislation to the President 
or the Office of Management and Budget, it shall concurrently trans-
mit copies thereof to the House Committee on Interior and Insular 
Affairs and the Senate Committee on Interior and Insular Affairs. No 
officer or agency of the United States shall have any authority to 
require the Council to submit its legislative recommendations, or testi-
mony, or comments on legislation to any officer or agency of the United 
States for approval, comments, or review, prior to the submission 
of such recommendations, testimony, or comments to the Congress. 
• 
In instances in which the Council voluntarily seeks to obtain the com-
ments or review of any officer or agency of the United States, the 
Council shall include a description of such actions in its legislative 
recommendations, testimony, or comments on legislation which it 
transmits to the Congress. 
Rules and 
"SEC. 211. The Council is authorized to promulgate such rules and 
regulations. 
regulations as it deems necessary to govern the implementation of 
16 use 470s. 
section 106 of this Act. 
16 u s e 470n. 
Appropriation 
authorization. 
Transfer of 
personnel and 
property. 
16 u s e 470o. 
16 u s e 470p. 
Exemption. 
16 u s e 470q. 
5 u s e app. I. 
5 u s e note prec. 
551. 
Legislative 
recommenda-
tions,transmittal 
to congressional 
committees. 
•16 u s e 470r. 
PUBLIC LAW 94-422—SEPT. 28, 1976 
90 STAT. 1323 
"SEC. 212. (a) The Council shall submit its budget annually as a 
related agency of the Department of the Interior. To carry out the 
provisions of this title, there are authorized to be appropriated not 
more than $1,500,000 in fiscal year 1977, $1,750,000 in fiscal year 1978, 
and $2,000,000 in fiscal year 1979. 
"(b) Whenever the Council submits any budget estimate or request 
to the President or the Ofiice of Management and Budget, it shall 
concurrently transmit copies of that estimate or request to the House 
and Senate Appropriations Committees and the House Committee on 
Interior and Insular Affairs and the Senate Committee on Interior 
and Insular Affairs.". 
SEC. 202. Section 5316 of title 5 of the United States Code is amended 
by adding at the end thereof the following new paragraph: 
"(135) Executive Director, Advisory Council on Historic Preserva-
tion.". 
TITLE III—STATES OIL SHALE FUNDS 
SEC. 301. Section 35 of the Act of February 25,1920 (41 Stat. 450), 
as amended (30 U.S.C. 191), is further amended by striking the period 
at the end of the proviso and inserting in lieu thereof the language 
as follows: ": And provided further, That all moneys paid to any 
State from sales, bonuses, royalties, and rentals of oil shale in public 
lands may be used by such State and its subdivisions for planning, 
construction, and maintenance^ of public facilities, and provision of 
public services, as the legislature of the State may direct, giving pri-
ority to those subdivisions of the State socially or economically 
mpacted by the development of the resource.". 
Approved September 28, 1976. 
Budget. 
16 use 470t. 
Appropriation 
authorization. 
Budget estimat; 
transmittal to 
congressional 
committees. 
Disposition of 
moneys received. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1021 accompanying H.R. 12234 (Comm. on Interior and 
Insular Affairs) and No. 94-1468 (Comm. of Conference). 
SENATE REPORT No. 94-367 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): Oct. 29, considered and passed Senate. 
Vol. 122 (1976): May 5, considered and passed House, amended, in lieu of 
H.R. 12234. 
Sept. 10, House agreed to conference report. 
Sept. 13, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 12, No. 40 (1976): Sept. 28, Presidential statement.