An Act to promote the sale and beneficial use of public lands by amending section 2455 of the Revised Statutes, as amended (43 U.S.C. 1171), and for other purposes
PL 88-608 (H.R.5498), enacted 09/19/1964

988 
PUBLIC LAW 88-608-SEPT. 19,1964 
[78 STAT. 
Expiration of 
authority. 
SEC. 6. The purposes of this Act are declared to be supplemental to 
the purposes for which any of the Federal lands in section 1 of this 
Act have been designated, acquired, withdrawn, reserved, held, or 
administered. 
This Act shall not be construed as a repeal, in whole or 
in part, of any existing law, including, but not limited to, the mining 
and mineral leasing laws. 
SEC. 7. Nothing herein contained shall be construed as— 
(a) Restricting prospecting, locating, developing, mining, entering, 
leasing, or patenting the mineral resources of the lands to which this 
Act applies under law applicable thereto pending action inconsistent 
therewith under this Act. 
(b) Restricting the entry and settlement of lands open to entry and 
settlement under the public land laws pending action inconsistent 
therewith under this Act. 
(c) Restricting the Secretary of the Interior from disposing of lands 
under applicable statutes after the land has been classified in accord-
ance with this Act. 
(d) Affecting the jurisdiction or responsibilities of the several States 
with respect to the lands referred to herein. 
SEC. 8. The authorizations and requirements of this Act shall expire 
June 30, 1969, except that the segregation prior to June 30, 1969, of 
any public lands from settlement, location, sale, selection, entry, lease, 
or other form of disposal under the public land laws shall continue for 
the period of time allowed by this Act. 
Approved September 19, 1964. 
September 19, 1964 
[H. R. 5498] 
Public Law 88-608 
AN ACT 
To provide temporary authority for the sale of certain public lands. 
Public lands 
disposal. 
Authority of 
Interior Secretary. 
Ante, p. 982. 
Notification to 
local zoning 
authority. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That pending the 
implementation of recommendations to be made by the Public Land 
Law Review Commission, in addition to any other authority that he 
may have, the Secretary of the Interior is authorized and directed to 
dispose of public lands that have been classified for disposal in accord-
ance with a determination that (a) the lands are required for the 
orderly growth and development of a community or (b) the lands are 
chiefly valuable for residential, commercial, agricultural (exclusive of 
lands chiefly valuable for grazing a'Ad raising forage crops), industrial, 
or public uses or development. Such disposals shall be in tracts not 
exceeding five thousand one hundred and twenty acres each to qualified 
governmental agencies at the appraised fair market value thereof as 
determined by the Secretary of the Interior or to qualified individuals 
through competitive bidding at not less than the appraised fair market 
value as determined by the Secretary of the Interior. 
SEC. 2. At least ninety days prior to offering lands for sale in accord-
ance with this Act, the Secretary of the Interior shall notify the head 
of the governing body of the political subdivision of the State having 
jurisdiction over zoning in the geographic area within which the lands 
are located or, in the absence of such political subdivision, the Gov-
ernor of the State, in order to afford the appropriate body with the 
opportunity of zoning for the use of the land in accordance with local 
78 STAT.] 
PUBLIC LAW 88-608-SEPT. 19, 1964 
989 
planning and development. 
No sale shall be conducted under the 
authority of this Act until zoning regulations have been enacted by 
the appropriate local authority. 
SEC. 3. At least thirty days before entering into an agreement with 
a governmental agency or of the opening of bids from individuals, 
notice of the offering of lands for sale in accordance with this Act shall 
be furnished by the Secretary of the Interior through a newspaper of 
general circulation in the area in which the lands are situated and by 
publication of the notice in the Federal Register. 
SEC. 4. All patents or other evidences of title issued under this Act 
shall contain a reservation to the United States of all mineral deposits 
which shall thereupon be withdrawn from appropriation under the 
public land laws including the mining and mineral leasing laws. Pat-
ents and other evidences of title may contain such reservations and rea-
sonable restrictions as are necessary in the public interest, but no 
restriction to insure proper development of the lands after they have 
passed from Federal ownership shall be imposed. 
SEC. 5. For the purposes of this Act the following terms have the 
following meanings— 
(a) "Public lands" means any public lands which are withdrawn by 
Executive Order Numbered 6910, dated November 26, 1934, as 
amended, or by Executive Order Numbered 6964, dated February 5, 
1935, as amended, or pursuant to section 1 of the Act of June 28,1934 
(48 Stat. 1269), as amended (43 U.S.C. 315), and not otherwise 
reserved, or which are vacant, unappropriated, and unreserved public 
lands in Alaska. 
(b) "Qualified governmental agency" means any of the following, 
including their lawful agents and instrumentalities: (A) the State, 
county, municipality, or other local government subdivision within 
which the land is located and (B) any municipality within convenient 
access to the lands if the lands are within the same State as the 
municipality. 
(c) "Qualified individual" means (A) any individual who is a citi-
zen or otherwise a national of the United States (or who has declared 
his intention to become a citizen) aged twenty-one years or more; (B) 
any partnership or association, each of the members of which is a 
qualified individual as defined in subparagraph (A) ; and (C) any 
corporation organized under the laws of the United States or of any 
State thereof, and authorized to hold title to real property in the State 
in which the land is located. 
SEC. 6. Ninety per centum of the proceeds from lands sold in the 
State of Alaska pursuant to this Act shall be transferred to the State 
of Alaska in consideration for which the State shall surrender its right 
to select an equal acreage of land pursuant to section 6(b) of the 
Alaska Statehood Act (72 Stat. 339). 
SEC. 7. The authority granted by this Act shall expire June 30,1969, 
except that sales concerning which notice has been given in accordance 
with section 3 hereof prior to June 30, 1969, may be consummated and 
patents issued in connection therewith after June 30,1969. 
Approved September 19, 1964. 
Land offerings, 
notice. 
Publication in 
Federal Register. 
Title reserva-
tions. 
Definitions. 
Land sales in 
Alaska. 
48 use prec. 
21 note. 
Termination of 
'sale authority.