An Act to clarify the right of States to select certain public lands subject to any outstanding mineral lease or permit.
PL 86-786 (S.2959), enacted 09/14/1960

1024 
PUBLIC LAW 86-786-SEPT. U, 1960 
[74 ST A T . 
SEC. 4. Subsection (c) of section 1723 of such title is amended— 
(1) by deleting "television" and inserting in lieu thereof "open 
circuit television (except as herein provided)"; and 
(2) by adding at the end thereof the following sentence: "The 
Administrator may approve the enrollment of an eligible person 
in a course, to be pursued in residence, leading to a standard col-
W e degree which includes, as an integral part thereof, subjects 
offered through the medium of open circuit televised instruction, 
if the major portion of the course requires conventional class-
room or laboratory attendance." 
SEC. 5. In the case of any individual who is an "eligible person" 
within the meaning of section 1701(a) (1) of title 38, United States 
Code, solely by virtue of the amendments made by this Act, and who 
is above the age of seventeen years and below the a^e of twenty-three 
years on the date of enactment of this Act, the period referred to in 
section 1712 of title 38, United States Code, shall not end with respect 
to such individual until the expiration of the five-year period which 
begins on the date of enactment of this Act. 
Approved September 14, 1960. 
Public Law 86-786 
b 
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u 
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,A.M 
A N 
A C T 
Beptember14, I960 
[s. 2959] 
To clarify the right of States to select certain public lands subject to any 
~~~^~^~~~^^ 
outstanding mineral lease or permit. 
P u b l i c 
lands 
mineral l e a s e o 
t>ermit. 
72 Stat. 928. 
Selection. 
Be it enacted hy the Senate and House of Representatives 
of the 
^ United States of America in Congress assembled^ That subsection (a) 
of section 2276 of the Revised Statutes (43 U.S.C. 852(a)) is amended 
by the deletion of the existing paragraph (3) and the substitution 
therefor of the following paragraphs: 
"(3) Land subject to a mineral lease or permit may be selected if 
none of the land subject to that lease or permit is in a producing or 
producible status, subject, however, to the restrictions and conditions 
of the preceding and following paragraphs of this subsection. 
"(4) If a selection is consummated as to a portion but not all of 
the lands subject to any mineral lease or permit, then, as to such por-
tion and for so long only as such lease or permit or anv lease issued 
pursuant to such permit shall remain in effect, there shall be automati-
cally reserved to the United States the mineral or minerals for which 
the lease or permit was issued, together with such further rights as may 
be necessary for the full and complete enjoyment of all rights, privi-
leges and benefits under or with respect to the lease or permit: 
Provided, hoioever, That after approval of the selection the Secretary 
of the Interior shall determine what portion of any rents and royalties 
accruing thereafter which may be paid under the lease or permit is 
properly applicable to that portion of the land subject to the lease 
or permit selected by the State, the portion applicable being deter-
mined by applying to the sum of the rents and royalties the same 
ratio as that existing between the acreage selected by the State and 
the total acreage subject to the lease or permit; of the portion ap-
E
licable to the selected land 90 per centum shall be paid to the State 
y the United States annually and lO per centum shall be deposited in 
the Treasury of the United States as miscellaneous receipts. 
74 S T A T . ] 
PUBLIC LAW 86-786-SEPT. 14, 1960 
1025 
"(5) If a selection is consummated as to all of the lands subject 
to any mineral lease or permit or if, where the selecting State has pre-
viously acquired title to a portion of the lands subject to a mineral 
lease or permit, a selection is consummated as to all of the remaining 
lands subject to that lease or permit, then and upon condition that the 
United States shall retain all rents and royalties theretofore paid and 
that the lessee or permittee shall have and may enjoy under and with 
respect to that lease or permit all the rights, privileges, and benefits 
which he would have had or might have enjoyed had the selection 
not been made and approved, the State shall succeed to all the rights 
of the United States under the lease or permit as to the mineral or 
minerals covered thereby, subject, however, to all obligations of the 
United States under and with respect to that lease or permit." 
SEC. 2. Paragraph (1) of subsection (d) of section 2276 of the Re-
vised Statutes (43 IJ.S.C. 852(d) (1)) is amended to read as follows: 
"(d) (1) The term 'unappropriated public lands' as used in this sec- py^ucT^a*'!^'"^ 
tion shall include, without otherwise affecting the meaning thereof, 
lands withdrawn for coal, phosphate, nitrate, potash, oil, gas, asphaltic 
minerals^ oil shale, sodium, and sulphur, but otherwise subject to ap-
propriation, location, selection, entry, or purchase under the non-
mineral laws of the United States; lands withdrawn by Executive 
Order Numbered 5327, of April 15, 1930, if otherwise available for 
selection; and the retained or reserved interest of the United States 
in lands which have been disposed of with a reservation to the United 
States of all minerals or any specified mineral or minerals." 
SEC. 3. The second and third sentences of subsection (h) of section 
6 of the Act of July 7, 1958 (72 Stat. 342), are hereby replaced by ^^4^8 ^
u s c note 
the following sentences: "Such selections shall be made only from 
lands that are otherwise open to selection under this Act. When all 
of the lands subject to a lease, permit, license, or contract are selected, 
the patent for the lands so selected shall vest in the State of Alaska 
all the right, title, and interest of the United States in and to that 
lease, permit, license, or contract that remains outstanding on the 
effective date of the patent, including the right to all the rentals, 
royalties, and other payments accruing after that date under that 
lease, permit, license, or contract, and including any authority that 
may have been retained by the United States to modi!fy the terms and 
conditions of that lease, permit, license, or contract: Provided, 
That 
nothing herein contained shall affect the continued validity of any 
such lease, permit, license, or contract or any rights arising thereunder. 
Where only a portion of the lands subject to a lease, permit, license, 
or contract are selected, there shall be reserved to the United States 
the mineral or minerals subject to that lease, permit, license, or con-
tract, together with such further rights as may be necessary to the 
full and complete enjoyment of all rights, privileges, and benefits 
under or with respect to that lease, permit, license, or contract; upon 
the termination of the lease, permit, license, or contract, title to the 
minerals so reserved to the United States shall pass to the State of 
Alaska." 
SEC. 4. Subsection (a) of section 6 of the Act of July 7, 1958 (72 
Stat. 340), is hereby amended by the addition of the following: 
''''Provided further, 
That for the purposes of this section the term 
'public lands of the United States in Alaska which are vacant, unap-
propriated, and unreserved' shall include, without limiting the use 
thereof, the retained or reserved interest of the United States in lands 
which have been disposed of with a reservation to the United States 
of all minerals or any specified mineral or minerals." 
Approved September 14, 1960. 
48232 0-61-65