An Act to authorize and direct that certain lands exclusively administered by the Secretary of the Interior be managed under principles of multiple use and to produce a sustained yield of products and services, and for other purposes
PL 88-607 (H.R.5159), enacted 09/19/1964

986 
PUBLIC L
A
W 88-607-SEPT. 19, 1964 
[78 STAT. 
Public Law 88-607 
September 19, 1964 
[H. R. 5159] 
AN ACT 
To authorize and direct that certain lands exclusively admiiiistered by the Sec-
retary of the Interior be classified in order to provide for their disposal or 
interim management under principles of multiple use and to produce a sus-
tained yield of products and services, and for other purposes. 
Public land dis-
posal. 
Interior Secre-
tary, authority. 
Ante, 
p. 982. 
Promulgation of 
regulations. 
Publication in 
Federal Register. 
Classification 
of lands for dis-
posal or retention. 
Publication in 
Federal Register, 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That, consistent with 
and supplemental to the Taylor Grazing Act of June 28, 1934, as 
amended (48 Stat. 1269; 43 U.S.C. 315), and pending the implementa-
tion of recommendations to be made by the Public Land Law Review 
Commission— 
(a) The Secretary of the Interior shall develop and promulgate reg-
ulations containing criteria by which he will determine which of the 
public lands and other Federal lands, including those situated in the 
State of Alaska exclusively administered by him through the Bureau 
of Land Management shall be (a) disposed of because they are (1) 
required for the orderly growth and development of a community or 
(2) are! chiefly valuable for residential, commercial, a^icultural 
(exclusive of lands chiefly valuable for grazing and raising forage 
crops), industrial, or public uses or development or (b) retained, at 
least during this period, in Federal ownership and managed for (1) 
domestic livestock grazing, (2) fish and wildlife development and 
utilization, (3) industrial development, (4) mineral production, (5) 
occupancy, (6) outdoor recreation, (7) timber production, (8) water-
shed protection, (9) wilderness preservation, or (10) preservation of 
public values that would be lost if the land passed from Federal own-
ership. No such regulation shall become effective until the expiration 
of at least thirty days after the Secretary or his designee has held a 
public hearing thereon. Before such public hearing is held, a notice of 
at least thirty days shall have been given through publication in the 
Federal Register and notification to the President of the Senate and 
the Speaker of the House of Representatives, both of whom shall 
receive with the notice a copy of the proposed regulation. 
(b) The Secretary of the Interior shall, as soon as possible, review 
the public lands as defined herein, in the light of the criteria contained 
in the regulations issued with this section to determine which lands 
shall be classified as suitable for disposal and which lands he considers 
to contain such values as to make them more suitable for retention in 
Federal ownership for interim management under the principles enun-
ciated in this section. In making his determinations the Secretary shall 
give due consideration to all pertinent factors, including, but not 
limited to, ecology, priorities of use, and the relative values of the 
various resources in particular areas. 
(1) None of the land subject to this Act shall be given a designation 
or classification unless such designation or classification is authorized 
by statute or defined in regulations promulgated by the Secretary of 
the Interior. 
SEC. 2. At least sixty days prior to taking the following action the 
Secretary of the Interior or his designee shall give such public notice 
of the proposed action as he deems appropriate, including publication 
in the Federal Register and in a newspaper having general circulation 
in the area or areas in the vicinity of the affected land: 
(a) Classification for sale or other disposal under any statute of a 
tract of land in excess of two thousand five hundred and sixty acres. 
(b) Classification for management by the Bureau of Land Manage-
ment of an area in excess of two thousand five hundred and sixty acres 
78 STAT. ] 
PUBLIC LAW 88-607-SEPT. 19, 1964 
987 
when tlie action will exclude from the area permanently, or for a sub-
stantial period of time, one or more uses enumerated in section 1 of this 
Act. 
SEC. 3. The Secretary of the Interior shall develop and administer 
for rnultiple use and sustained yield of the several products and services 
obtainable therefrom those public lands that are determined to be suit-
able for interim management in accordance with regulations promul-
gated pursuant to this Act. 
SEC. 4. Publication of notice in the Federal Register by the Secre- 
Exemption o
f 
tary of the Interior of a proposed classification under this Act shall fl^^l o7dis°posai. 
have the effect of segregating such land from settlement, location, sale, 
selection, entry, lease, or other formal disposal under the public land 
laws, including the mining and mineral leasing laws, except to the 
extent that the proposed classification or subsequent notification 
thereof specifies that the land shall remain open for one or more of 
such forms of disposal under the public land laws. The segregative 
effect of such proposed classification shall continue for a period of two 
years from the date of publication unless classification has theretofore 
been completed in accordance with the provisions of this Act and the 
regulations to be promulgated hereunder, or unless the Secretary of 
the Interior shall terminate it sooner. Lands classified for sale or other 
disposal shall be offered for sale or such other disposal within two 
years of the date of publication of the proposed classification and if 
not so offered for sale or other disposal the segregative effect shall 
cease at the expiration of two years from the date of publication. The 
proposed classification or proposed sale or other disposal may be con-
tinued beyond the two-year period if notice of such proposed continu-
ance, including a statement of necessity for continued segregation, is 
submitted to the President of the Senate and the Speaker of the House 
of Eepresentatives and published in the Federal Register not more 
than ninety days nor less than thirty days prior to the expiration of 
the two-year period specified herein; and thereupon the segregative 
effect shall be extended for such additional period as is specified m the 
notice, not exceeding two years, unless Congress or the Secretary of 
the Interior terminates the segregation at any earlier date. 
SEC, 5. As used in this Act, the following terms shall have the fol- 
Definitions. 
lowing meanings: 
(a) The term "public lands" means any lands (1) withdrawn or 
reserved by Executive Order Numbered 6910 of November 26, 1934, 
as amended, or 6964 of February 5, 1935, as amended, or (2) within a 
grazing district established pursuant to the Act of June 28, 1934 (48 
Stat. 1269), as amended, or (3) located in the State of Alaska, which 
43 use 315 
are not otherwise withdrawn or reserved for a Federal use or purpose. ^' ^*^' 
(b) "Multiple use" means the management of the various surface 
and subsurface resources so that they are utilized in the combination 
that will best meet the present and future needs of the American peo-
ple ; the most judicious use of the land for some or all of these resources 
or related services over areas large enough to provide sufficient latitude 
for periodic adjustments in use to confonn to changing needs and con-
ditions; the use of some land for less than all of the resources; and 
harmonious and coordinated management of the various resources, 
each with the other, without impairment of the productivity of the 
land, with consideration being given to the relative values of the 
various resources, and not necessarily the combination of uses that will 
give the greatest dollar return or the greatest unit output. 
(c) "Sustained yield of the several products and services" means the 
achievement and maintenance of a high-level annual or regular peri-
odic output of the various renewable resources of land without impair-
ment of the productivity of the land. 
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