An Act to amend the Land and Water Conservation Fund Act of 1965, and for other purposes.
PL 95-42 (H.R.5306), enacted 06/10/1977

91 STAT. 210 
PUBLIC LAW 95-42—JUNE 10, 1977 
Public Law 95-42 
95th Congress 
June 10, 1977 
[H.R. 5306] 
Land and Water 
Conservation 
Fund Act of 
1965, 
amendments. 
16 use 460/-4 
note. 
16 use 460/-5. 
Appropriation 
authorization. 
16 use 460/-7. 
16 use 460 1-9. 
Notice to 
congressional 
committees. 
An Act 
To amend the Land and Water Conservation Fund Act of 1965, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled., That 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) Section 2(c) (1) is amended by deleting "$600,000,000 for fiscal 
year 1978, $750,000,000 for fiscal year 1979, and $900,000,000 for fiscal 
year 1980" and inserting in lieu thereof "and $900,000,000 for fiscal 
year 1978". 
(2) Section 5 is amended by adding the following at the end thereof: 
"Those appropriations from the fund up to and including $600,000,000 
in fiscal year 1978 and up to and including $750,000,000 in fiscal j^ear 
1979 shall continue to be allocated in accordance with this section. 
There shall be credited to a special account within the 
fund 
$300,000,000 in fiscal year 1978 and $150,000,000 in fiscal year 1979 
from the amounts authorized by section 2 of this Act. Amounts 
credited to this account shall remain in the account until appropri-
ated. Appropriations from the special account shall be available only 
with respect to areas existing and authorizations enacted prior to the 
convening of the Ninety-fifth Congress, for acquisition of lands, 
waters, or interests in lands or waters within the exterior boundaries, 
as aforesaid, of— 
"(1) the national park system; 
"(2) national scenic trails; 
"(3) the national wilderness preservation system; 
"(4) federally administered components of the National Wild 
and Scenic Rivers System; and 
"(5) national recreation areas administered by the Secretary 
of Agriculture.". 
(3) Section 7(a) is amended by adding the following new para-
graph : 
"(3) Appropriations allotted for the acquisition of land, waters, or 
interests in land or waters as set forth under the headings 'NATIONAL 
PARK SYSTEM; RECREATION AREAS' and 
'NATIONAL FOREST SYSTEM' 
in paragraph (1) of this subsection shall be available therefor not-
withstanding any statutory ceiling on such appropriations contained 
in any other provision of law enacted prior to the convening of the 
Ninety-fifth Congress; except that for any such area expenditures 
may not exceed a statutory ceiling during any one fiscal year by 10 
per centum of such ceiling or $1,000,000, whichever is greater. The 
Secretary of the Interior shall, prior to the expenditure of funds 
which would cause a statutory ceiling to be exceeded by $1,000,000 or 
more, and Avith respect to each expenditure of $1,000,000 or more in 
excess of such a ceiling, provide written notice of such proposed 
expenditure not less than thirty calendar days in advance to the 
Committee on Interior and Insular Affairs of the House of Repre-
sentatives and the Committee on Energy and Natural Resources of 
the Senate.". 
PUBLIC LAW 95-42—JUNE 10, 1977 
91 STAT. 211 
Notice to 
congressional 
committees. 
Publication in 
Federal Register. 
'-' (4) Section 7(b) is amended by changing the period at the end 16 USC 460/-9. 
thereof to a colon and adding the following: ^''Provided^ however^ 
That appropriations from the fund may be used for preacquisition 
work in instances where authorization is imminent and where sub-
stantial monetary savings could be realized.". 
(5) Section 7 is amended by adding the following new subsection: 
"(c) 
BOUNDARY CHANGES: DONATIONS.—W'henever the Secretary 
of the Interior determines that to do so will contribute to, and is 
necessary for, the proper preservation, protection, interpretation, or 
management of an area of the national park system, he may, following 
timely notice in writing to the Committee on Interior and Insular 
Affairs of the House of Representatives and to the Committee on 
Energy and Natural Resources of the Senate of his intention to do so, 
and by publication of a revised boundary map or other description in 
the Federal Register, (i) make minor revisions of the boundary of the 
area, and moneys appropriated from the fund shall be available for 
acquisition of any lands, waters, and interests therein added to the 
area by such boundary revision subject to such statutory limitations, 
if any, on methods of acquisition and appropriations thereof as may 
be specifically applicable to such area: Provided^ however^ That such 
authority shall expire ten years from the date of enactment of the 
authorizing legislation establishing such boundaries; and (ii) acquire 
by donation, purchase with donated funds, transfer from any other 
Federal agency, or exchange, lands, waters, or interests therein 
adjacent to such area, except that in exercising his authority under 
this clause (ii) the Secretary may not alienate property administered 
as part of the national park system in order to acquire lands by 
exchange, the Secretary may not acquire property without the consent 
of the owner, and the Secretary may acquire property owned by a 
State or political subdivision thereof only by donation. Prior to mak-
ing a determination under this subsection, the Secretary shall consult 
with the duly elected governing body of the county, city, town, or 
other jurisdiction or jurisdictions having primary taxing authority 
over the land or interest to be acquired as to the impacts of such 
proposed action, and he shall also take such steps as he may deem 
appropriate to advance local public awareness of the proposed action. 
Lands, waters, and interests therein acquired in accordance with this 
subsection shall be administered as part of the area to which they are 
added, subject to the laws and regulations applicable thereto.". 
SEC. 2. (a) (1) For the purpose of improving the effectiveness and Land acquisition 
efficiency of the management of the Roosevelt National Forest, Colo-
rado, and coordinating the acquisition of lands within the forest which 
are suitable for such management with the acquisition of lands for 
parks and recreation purposes pursuant to subsection (b) of this sec-
tion, the Secretary of Agriculture is authorized to acquire those pri-
vately owned lands within the boundaries of the forest which are 
suitable for national forest purposes and which were adversely affected 
by the Big Thompson flood of July 31, 1976, and such other adjacent 
private lands within the boundaries of the forest as are available and 
suitable for national forest purposes. 
Consultation. 
Administration. 
91 STAT. 212 
PUBLIC LAW 95-42—JUNE 10, 1977 
Fair market 
value. 
42 u s e 4001 
note. 
Funds, 
availability. 
16 u s e 460/-8. 
16 u s e 460/-4. 
(2) Lands identified for acquisition pursuant to paragraph (1) of 
this subsection which lie within the Big Thompson/North Fork Flood-
ways, designated pursuant to the National Flood Insurance Act of 
1968 (82 Stat. 572), as amended, shall be acquired at the fair market 
value of such lands (not including any improvements thereon) imme-
diately prior to the occurrence of the flood: Provided, That such lands 
shall (i) be unimproved, or (ii) include structures which have sus-
tained damage amounting to 50 per centum or more of their market 
value. 
(3) Lands identified for acquisition pursuant to paragraph (1) of 
this subsection which are not lands described in paragraph (2) of this 
subsection shall be acquired at no less than appraised fair market value 
based on an appraisal of each parcel of such lands approved by the 
Secretary of Agriculture under the authority of section 11 of the Act 
of August 3,1956 (70 Stat. 1034, U.S.C. 428a (a)). 
(4) Moneys appropriated to carry out this subsection shall be avail-
able until expended or until January 1,1980, whichever is earlier. 
(b) Notwithstanding any other provision of law, in the case of 
lands acquired for the Big Thompson/North Fork Canyons Eecrea-
tional Lands Acquisition Project in Larimer County, Colorado, for 
which financial assistance is authorized under section 6(e) (1) of the 
Land and Water Conservation Fund Act of 1965 (78 Stat. 987, as 
amended; 16 U.S.C. 4601^ et seq.), if such lands are located within 
the Big Thompson/North Fork Flood 
ways and are (i) unimproved 
or (ii) include structures which have sustained damage amounting to 
50 per centum or more of their market value, such assistance may be 
provided for an amount equal to the market value of such lands (not 
including any improvements thereon) immediately prior to the occur-
rence of the Big Thompson flood of July 31,1976. 
Approved June 10, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-156 (eomm. on Interior and Insular Affairs). 
SENATE REPORT No. 95-162 (eomm. on Energy and Natural Resources). 
eONGRESSIONAL REeORD, Vol. 123 (1977): 
Apr. 4, considered and passed House. 
May 18, considered and passed Senate, amended. 
May 25, House concurred in certain Senate amendments; concurred 
amendment in another. 
May 26, Senate concurred in House amendment. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 13, No. 25: 
June 11, Presidential statement. 
with