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Executive Orders Historical Archive
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Executive Order 11067 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 11067—Including Certain Tracts of Land in the Nantahala and Cherokee National Forests, Respectively

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Tuesday, November 27, 1962
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5 min read (1,054 words)

Executive Brief • At a Glance

⏱️ 5 min read (1,054 words) • ● In Effect
🎯 Primary Mandate

XTFBR-15 Land lying in the Beaverdam and Shoal Creek Townships of Cherokee County, State of North Carolina, on both shores of Apalachia Lake, approximately 1/4 mile west of Hiwassee Dam, the said land being comprised of two separate parcels and being more particularly described as follows: PARCEL NO. 1 Beginning at a point in the 1280-foot contour on the north shore of Apalachia Lake and in the boundary of the land previously conveyed in fee by the Tennessee Valley Authority to the U.S. Forest Service designated as Tract No. XTFBR-3 from which a bronze plate (Coordinates: N. 548,779; E. 449,905 ) set in a flat rock and stamped "73-3A RM' bears N. 5ø 35' W. at a distance of 14 feet.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President John F. Kennedy on November 27, 1962, this order concerns Including Certain Tracts of Land in the Nantahala and Cherokee National Forests, Respectively. The following-described lands in Cherokee County, North Carolina, be included in and reserved as a part of the Nantahala National Forest: TRACT NO. XTFBR-15 Land lying in the Beaverdam and Shoal Creek Townships of Cherokee County, State of North Carolina, on both shores of Apalachia Lake, approximately 1/4 mile west of Hiwassee Dam, the said land being comprised of two separate parcels and being more particularly…

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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XTFBR-15 Land lying in the Beaverdam and Shoal Creek Townships of Cherokee County, State of North Carolina, on both shores of Apalachia Lake, approximately 1/4 mile west of Hiwassee Dam, the said land being comprised of two separate parcels and being more particularly described as follows: PARCEL NO. 1 Beginning at a point in the 1280-foot contour on the north shore of Apalachia Lake and in the boundary of the land previously conveyed in fee by the Tennessee Valley Authority to the U.S. Forest Service designated as Tract No. XTFBR-3 from which a bronze plate (Coordinates: N. 548,779; E. 449,905 ) set in a flat rock and stamped "73-3A RM' bears N. 5ø 35' W. at a distance of 14 feet.

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PARCEL NO. 2 Beginning at a point in the 1280-foot contour on the south shore of Apalachia Lake and in the boundary of the land previously conveyed in fee by the Tennessee Valley Authority to the U.S. Forest Service designated as Tract No. XTFBR-3 from which the bronze plate (Coordinates: N. 548,779; E. 449,905) set in a flat rock and stamped "73-3A RM" in the boundary of the above described Parcel No. 1 bears N. 5ø 35' W. at a distance of 574 feet.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)

Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.

Hamiltonian Stance: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

🛡️ High Constitutional Concordance
23 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates in close harmony with statutory authority and standard Article II supervisory execution.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
1,054
5,857 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
8.2
Grade 8
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS on June 28, 1962, the Tennessee Valley Authority and the United States Department of Agriculture entered into an agreement (Contract TV-21679A ) providing for the transfer by the Authority to the Department of certain rights with respect to certain lands situated in the Second and Third Civil Districts of Polk County, State of Tennessee, and for the transfer by the Authority to the Department of the right of possession and all other right, title, and interest which the Authority might have in or to certain lands situated in the Second Civil District of Polk County, Tennessee, and in Cherokee County, North Carolina, so that such land rights and such lands as hereinafter specified may be included in and reserved as parts of the Nantahala National Forest and the Cherokee National Forest, in accordance with the terms and conditions of the agreement and subject to the approval required by Section 4(k)(c) of the Tennessee Valley Authority Act of 1933, as amended by the Act of July 18, 1941 (16 U.S.C. 831c(k) (c)); and WHEREAS, on October 18, 1962, the agreenment between the Tennessee Valley Authority and the United States Department of Agriculture was approved by the Director of the Bureau of the Budget pursuant to the provisions of Section 4(k) (c) of the Tennessee Valley Authority Act of 1933, as amended, and of Section 1 (h) of Executive Order No. 10530 of May 10, 1954; and WHEREAS it appears that such land rights and lands are suitable for national forest purposes and that their inclusion in the Nantahala National Forest and the Cherokee National Forest would be in the public interest;

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me by Section 24 of the Act of March 3, 1891, 26 Stat. 1103, and the Act of June 4, 1897, 30 Stat. 34, 36 (16 U.S.C. 471, 473), and as President of the United States, and upon the recommendation of the Secretary of Agriculture, it is ordered that the following-described lands in Cherokee County, North Carolina, be included in and reserved as a part of the Nantahala National Forest: TRACT NO. XTFBR-15 Land lying in the Beaverdam and Shoal Creek Townships of Cherokee County, State of North Carolina, on both shores of Apalachia Lake, approximately 1/4 mile west of Hiwassee Dam, the said land being comprised of two separate parcels and being more particularly described as follows: PARCEL NO. 1 Beginning at a point in the 1280-foot contour on the north shore of Apalachia Lake and in the boundary of the land previously conveyed in fee by the Tennessee Valley Authority to the U.S. Forest Service designated as Tract No. XTFBR-3 from which a bronze plate (Coordinates: N. 548,779; E. 449,905 ) set in a flat rock and stamped "73-3A RM' bears N. 5ø 35' W. at a distance of 14 feet. From the initial point, With the boundary between the lands of the United States of America (TVA) and the U.S. Forest Service by bearings and distances as follows: N. 5ø 35' W., 1183 feet, passing the bronze plate set in a fiat rock and stamped "73-3A RM" at 14 feet, to a large boulder in which is set a bronze plate stamped 72-9; N. 52ø 17' E., 1866 feet to a metal marker in the southwest line of the right of way for the Hiwassee-Chickamauga Transmission Line; Leaving the boundary between the lands of the United States of America (TVA) and the U.S. Forest Service and with the southwest line of the right of way for the Hiwassee-Chickamauga Transmission Line, a line 75 feet southwest of and parallel to the center line of the said transmission line, S. 39ø 41' E., 1020 feet to a metal marker; Leaving the line parallel to the transmission line, S. 20ø 14' W., 1580 feet to a metal marker; S. 45ø 09' E., approximately 350 feet to a point in the 1280~foot contour on the north shore of Apalachia Lake; With the 1280-foot contour as it meanders in a westerly direction to the point of beginning. The land described above as Parcel No. 1 contains 82.5 acres, more or less. PARCEL NO. 2 Beginning at a point in the 1280-foot contour on the south shore of Apalachia Lake and in the boundary of the land previously conveyed in fee by the Tennessee Valley Authority to the U.S. Forest Service designated as Tract No. XTFBR-3 from which the bronze plate (Coordinates: N. 548,779; E. 449,905) set in a flat rock and stamped "73-3A RM" in the boundary of the above described Parcel No. 1 bears N. 5ø 35' W. at a distance of 574 feet. From the initial point, With the 1280-foot contour as it meanders in an easterly direction to a point in the southeasterly prolongation of that course identified in the above metes and bounds description of Parcel No. 1 by a bearing and distance of S. 45ø 09' E., approximately 350 feet; S. 45ø 09' E., approximately 500 feet to a metal marker from which the metal marker at the northwest end of the above mentioned course of Parcel No. 1 (S. 45ø 09' E., approximately 350 feet) bears N. 45ø 09' W. at a distance of 1158 feet; N. 76ø 50' E, 1299 feet to a metal marker in the boundary of the United States of America's land; With the United States of America's boundary line by bearings and distances as follows: S. 5ø 12' E., 714 feet, passing a metal marker at 137 feet, to a metal marker; S. 47ø 15ø W, 897 feet to a metal marker; N. 83ø 53' W., 745 feet to a 20-inch chestnut tree; N. 83ø 48' W., 666 feet to US-TVA Monument HDR-84; N. 83ø 53' W., 253 feet to US-TVA Monument HDR-85; N. 83ø 54' W., 207 feet to US-TVA Monument 26-3; N. 84ø 03' W, 954 feet to US-TVA Monument 26-1; With the boundary line between the lands of the United States of America (TVA) and the U.S. Forest Service N. 5ø 35' W., 932 feet, passing US-TVA Monument 27-1 RM at 917 feet, to the point of beginning. The land described above as Parcel No. 2 contains 83.5 acres, more or less. All of the above described land comprising Parcels 1 and 2 contains a total of 166 acres, more or less.

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Scholarly & Legal Citations

Exec. Order No. 11,067 (Nov. 27, 1962), https://executiveordersarchive.org/orders/app-executive-order-11067-including-certain-tracts-land-the-nantahala-and-cherokee-national.