An Act to provide for certain payments to be made to local governments by the Secretary of the Interior based upon the amount of certain public lands within the boundaries of such locality.
PL 94-565 (H.R.9719), enacted 10/20/1976

90 STAT. 2662 
PUBLIC LAW 94^565—OCT. 20, 1976 
Public Law 94-565 
94th Congress 
An Act 
Oct. 20. 1976 
[H.R. 9719] 
Local government 
units. 
Public lands, 
payments. 
31 use 1601. 
Amounts, 
detennination. 
31USC 1602. 
To provide for certain payments to be made to local governments by the Secre-
tary of the Interior based upon the amount of certain public lands within the 
boundaries of such locality. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That effective for 
fiscal years beginning on and after October i, 1976, the Secretary is 
authorized and directed to make payments on a fiscal year basis to each 
unit of local government in which entitlement lands (as defined in 
section 6) are located. Such payments may be used by such unit for any 
governmental purpose. The amount of such payments shall be com-
puted as provided in section 2. 
SEC. 2. (a) The amount of any payment made for any fiscal year to 
a unit of local government under section 1 shall be equal to the greater 
of the following amounts— 
(1) 75 cents for each acre of entitlement land located within 
the boundaries of such unit of local government (but not in excess 
of the population limitation determined under subsection (b)), 
reduced (but not below 0) by the aggregate amount of payments, 
if any, received by such unit of local government during the pre-
ceding fiscal year under all of the provisions specified m section 
4, or 
(2) 10 cents for each acre of entitlement land located within the 
boundaries of such unit of local government (but not in excess of 
the population limitation determined under subsection(b)). 
In the case of any payment under a provision specified in section 4 
which is received by a State, the Governor (or his delegate) shall sub-
mit to the Secretary a statement respecting the amount of such pay-
ment which is transferred to each unit of local government within the 
State. 
(b) (1) In the case of any unit of local government having a popu-
lation of less than five thousand, the population limitation applicable 
to such unit of local government shall not exceed an amount equal to 
$50 multiplied by the population within the jurisdiction of such unit 
of local government. 
(2) In the case of any unit of local government having a population 
of five thousand or more, the population limitation applicable to such 
unit of local government shall not exceed the amount computed under 
the following table (using a population figure rounded off to the near-
est thousand) : 
Payment shall not exceed the 
If population 
amount computed by multiply-
equals— 
ing such population by— 
5,000 
$50. 00 
6,000 
47.00 
7,000 
44. 00 
8,000 
41.00 
9,000 . 
38.00 
10,000 
35.00 
11,000 
34.00 
12,000 
33.00 
13,000 
32.00 
PUBLIC LAW 94-565—OCT. 20, 1976 
90 STAT. 2(S63 
Payment shall not exceed the 
If population 
amount computed by multiply-
equals— 
ing such population by— 
14,000 
31,00 
15,000 
, 
30,00 
16,000 
29.50 
17,000 
29.00 
18,000 
28. 50 
19,000 
- 
28,00 
20,000 
27.50 
21,000 
27.20 
22,000 
26.90 
23,000 
26.60 
24,000 
26.30 
25,000 
26.00 
26,000 
25.80 
27,000 
25.60 
28,000 
25.40 
29,000 
25,20 
30,000 
, 
25, 00 
31,000 
24,75 
32,000 
24,50 
33,000 
24.25 
34,000 
24.00 
35,000 
23.75 
36,000 
23,50 
37,000 
23.25 
38,000 
23.00 
39,000 
22.75 
40,000 
.. 
22. 50 
41,000 
22,25 
42,000 
22.00 
43,000 
21.75 
44,000 
21.50 
45,000 
21.25 
46,000 
21.00 
47,000 
20.75 
48,000 
20.50 
49,000 
20,25 
50,000 
20.00 
For the purpose of this computation no unit of local government shall 
be credited with a population greater than fifty thousand. 
(c) For purposes of this section, "population" shall be determined 
on the same basis as resident population is determined by the Bureau 
of the Census for general statistical purposes. 
(d) In the case of a smaller unit of local government all or part of 
which is located within another unit of local government, entitlement 
lands which are within the jurisdiction of both such units shall be 
treated for purposes of this section as only within the jurisdiction of 
such smaller unit. 
SEC. 3. (a) In the case of any land or interest therein, acquired by 
the United States (i) for the Redwood National Park pursuant to 
the Act of October 2,1968 (82 Stat. 931) or (ii) acquired for addition 
to the National Park System or National Forest Wilderness Areas 
after December 31,1970, which was subject to local real property taxes 
within the five years preceding such acquisition, the Secretary is 
authorized and directed to make payments to counties within the 
jurisdiction of which such lands or interests therein are located, in 
addition to payments under section 1. The counties, under guidelines 
established by the Secretary, shall distribute the payments on a pro-
portional basis to those units of local governme^^t and affected school 
districts which have incurred losses of real property taxes due to the 
acquisition of lands or interests therein f<^addition to either such sys-
tem. In those cases in which another unit of local government other 
Payments to 
counties. 
31 u s e 1603, 
Distribution 
guidelines. 
90 STAT. 2664 
PUBLIC LAW 94-565-~0CT. 20, 1976 
than the county acts as the collecting and distributing agency for real 
property taxes, the payments shall be made to such unit of local gov-
ernment, which shall distribute such payments as provided in this 
Regulations. 
subsection. The Secretary may prescribe regulations under which pay-
ments may be made to units of local government in any case in which 
the preceding provisions will not carry out the purposes of this sub-
section. 
(b) Payments authorized under this section shall be made on a fiscal 
year basis beginning with the later of— 
(1^ the fiscal year beginning October 1, 1976, or 
(2) the first full fiscal year beginning after the fiscal year in 
which such lands or interests therein are acquired by the United 
States. 
Such payments may be used by the affected local governmental unit 
for any governmental purpose. 
(c) (1) The amount of any payment made for any fiscal year to any 
unit of local government and affected school districts under subsection 
(a) shall be an amount equal to 1 per centum of the fair market value 
of such lands and interests therein on the date on which acquired by 
Rezoned land. 
the United States. If, after the date of enactment of legislation author-
izing any unit of the National Park System or National Forest Wil-
derness Areas as to which a payment is authorized under subsection 
(a), rezoning increases the value of the land or any interest therein, 
the fair market value for the purpose of such payments shall be com-
puted as if such land had not been rezoned. 
Payment 
(2) Notwithstanding paragraph (1), the payment made for any 
limitation. 
fiscal 
year to a unit of local government under subsection (a) shall not 
exceed the amount of real property taxes assessed and levied on such 
property during the last full fiscal year before the fiscal year in which 
such land or interest was acquired for addition to the National Park 
System or National Forest Wilderness Areas. 
(d) No payment shall be made under this section with respect to 
any land or interest therein after the fifth full fiscal year beginning 
after the first fiscal year in which such a payment was made with 
respect to such land or interest therein. 
31 use 1604. 
SEC. 4. The provisions of law referred to in section 2 are as follows: 
(1) the Act of May 23, 1908, entitled "An Act making appro-
priations for the Department of Agriculture for the fiscal year 
ending June thirtieth, nineteen hundred and nine" (35 Stat. 251; 
16U.S.C.500); 
(2) the Act of June 20, 1910, entitled '|An Act to enable the 
people of New Mexico to form a constitution and State govern-
ment and be admitted into the Union on an equal footing with the 
original States, and to enable the people of Arizona to form a 
constitution and State government and be admitted into the Union 
on an equal footing with the original States" (36 Stat. 557) ; 
(3) section 35 of the Act of February 25, 1920, entitled "An 
Act to promote the mining of coal, phosphate, oil, oil shale, gas, 
and sodium on the public domain", commonly known as the "Min-
eral Lands Leasing Act" (41 Stat. 450; 30 U.S.C. 191); 
(4) section 17 of the Federal Power Act (41 Stat. 1072: 16 
U.S.C. 810); 
(5) section 10 of the Taylor Grazing Act (48 Stat. 1273; 43 
U.S.C. 315i); 
(6) section 33 of the Bankhead-Jones Farm Tenant Act (50 
Stat. 526; 7 U.S.C. 1012); 
PUBLIC LAW 94-565—OCT. 20, 1976 
90 STAT. 2665 
(7) section 5 of the Act entitled "To safeguard and consolidate 
certain areas of exceptional public value within the Superior 
National Forest, State of Minnesota, and for other purposes", 
approved June 22, 1948 (62 Stat. 570; 16 U.S.C. 577g); 
(8) section 5 of the Act entitled "An Act to amend the Act of 
June 22, 1948 (62 Stat. 568) and for other purposes" approved 
June 22,1956 (70 Stat. 366; 16 U.S.C. 577g-l); 
(9) section 6 of the Mineral Leasing Act for Acquired Lands 
(61 Stat. 915; 30 U.S.C. 355); and 
(10) section 3 of the Materials Disposal Act (61 Stat. 681; 30 
U.S.C. 603). 
SEC. 5. (a) No unit of local government which receives any payment 
with respect to any land under the Act of August 28, 1937 (50 Stat. 
875), or the Act of May 24,1939 (53 Stat. 753), during any fiscal year 
shall be eligible to receive any payment under this Act for such fiscal 
year with respect to such land. Nothing in this Act shall be construed 
to apply to the Act of August 28, 1937 (50 Stat. 875), or the Act of 
May 24,1939 (53 Stat. 753). 
(b) If the total payment by the Secretary to any county or unit of 
local government under this Act would be less than $100, such payment 
shall not be made. 
SEC. 6. As used in this Act, the term— 
(a) "entitlement lands" means lands owned by the United 
States that are— 
(1) within the National Park System, the National Forest 
Sjstem, including wilderness areas within each, or any com-
bination thereof, including, but not limited to, lands described 
in section 2 of the Act referred to in paragraph (7) of section 
4 of this Act (16 U.S.C. 577d) and the first section of the 
Act referred to in paragraph (8) of this Act (16 U.S.C. 
577d-l); 
(2) administered by the Secretary of the Interior through 
the Bureau of Land Management; 
(3) dedicated to the use of water resource development 
projects of the United States; 
(4) nothing in this section shall authorize any payments 
to any unit of local government for any lands otherwise 
entitled to receive payments pursuant to subsection (a) of 
this section if such lands were owned and/or administered 
by a State or local unit of government and exempt from the 
payment of real estate taxes at the time title to such lands 
is conveyed to the United States; or 
(5) dredge disposal areas owned by the United States 
under the jurisdiction of the Army Corps of Engineers; 
(b) "Secretary" means the Secretary of the Interior; and 
(c) "unit of local government" means a county, parish, town-
ship, municipality, borough existing in the State of Alaska on 
the date of enactment of this Act, or other unit of government 
below the State which is a unit of general government as deter-
mined by the Secretary (on the basis of the same principles as are 
used by the Bureau of the Census for general statistical purposes). 
Such term also includes the Commonwealth of Puerto Rico, 
Guam, and the Virgin Islands. 
SEC. 7. There are authorized to be appropriated for carrying out the 
Eligibility. 
31 use 1605. 
Definitions. 
31 use 1606. 
AppropriatioDi 
authorization. 
31 use 1607. 
90 STAT. 2666 
PUBLIC LAW 94-565—OCT. 20, 1976 
provisions of this Act such sums as may be necessary: Provided, That, 
notwithstanding any other provision of this Act no funds may be 
made available except to the extent provided in advance in appropri-
ation Acts. 
Approved October 20, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1106 (Coram, on Interior and Insular Affairs). 
SENATE REPORT No. 94-1262 (Coram, on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Aug. 5, considered and passed House. 
Oct. 1, considered and passed Senate.