In 1855, the United States entered into a treaty with the Yakima Tribe of Indians. The treaty created a reservation, generally described by natural landmarks, for the exclusive use and benefit of the Tribe. Over the years, there have been continuing disputes regarding the true location of the reservation boundary. In 1897, President Cleveland created by proclamation the Mount Rainier Forest Reserve in an area near the western boundary of the Yakima Reservation. In 1908, President Theodore Roosevelt extended the boundary of that Forest to include a tract of some 21,000 acres, then mistakenly thought to be public land. The tract is included within a larger area now called the Gifford Pinchot National Forest. In 1942, a portion of the tract was designated the Mount Adams Wild Area, and this portion has been administered since 1964 for the public benefit under the Wilderness Act. In 1966, the Indian Claims Commission found that this tract had originally been intended for inclusion in the Yakima Reservation. However, the Commission does not have authority to return specific property to a claimant; it may only grant money damages. Accordingly, the Tribe sought Executive action for return of its land. The Attorney General has at my request reviewed the specific history and background of this particular case, including the principles which govern the taking of land by the United States and the question of whether this particular land was so taken. In a recent opinion, the Attorney General has advised me that, in these exceptional and unique circumstances, the land was not taken by the United States within the meaning of the Fifth Amendment and that possession of this particular tract can be restored to the Tribe by Executive action. Now, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, particularly 16 U.S.C. 473, it is ordered as follows: SECTION 1. A portion of the eastern boundary of the Gifford Pinchot National Forest is modified as follows: Beginning at the point on the main ridge of the Cascade Mountains, where the Yakima Indian Reservation boundary as located by the 1926 Pecore survey from Goat Butte intersects said main ridge; thence southwesterly along the main ridge of the Cascade Mountains to the summit or the pinnacle of Mount Adams, as shown on the diagram of the Rainier National Forest attached to the Presidential proclamation of October 23, 1911, 37 Stat. 1718; thence southerly along a divide between the watersheds of the Klickitat and White Salmon Rivers as shown on the 1932 Calvin Reconnaissance Survey Map (Petitioner's Exhibit No. 4, Docket No. 47, Indian Claims Commission) to its intersection with the north line of Section 34, Township 7 North, Range 11 East, Willamette Meridian. SEC. 2. The Secretary of the Interior is directed to assume jurisdiction over the tract of land heretofore administered as a portion of the Gifford Pinchot National Forest and excluded from the Forest by Section 1 of this order, and to administer it for the use and benefit of the Yakima Tribe of Indians as a portion of the reservation created by the Treaty of 1855, 12 Stat. 951. SEC. 3. Any prior order or proclamation relating to the tract of land affected by this order, to the extent inconsistent with this order, is hereby superseded. RICHARD NIXON The White House, May 20, 1972
Executive Order 11670—Providing for the Return of Certain Lands to the Yakima Indian Reservation
Executive Brief • At a Glance
The treaty created a reservation, generally described by natural landmarks, for the exclusive use and benefit of the Tribe.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Richard Nixon on May 20, 1972, this order concerns Providing for the Return of Certain Lands to the Yakima Indian Reservation. In 1855, the United States entered into a treaty with the Yakima Tribe of Indians. The treaty created a reservation, generally described by natural landmarks, for the exclusive use and benefit of the Tribe. Over the years, there have been continuing disputes regarding the true location of the reservation boundary.
Key Directives & Operative Actions
The treaty created a reservation, generally described by natural landmarks, for the exclusive use and benefit of the Tribe.
In 1897, President Cleveland created by proclamation the Mount Rainier Forest Reserve in an area near the western boundary of the Yakima Reservation.
In 1908, President Theodore Roosevelt extended the boundary of that Forest to include a tract of some 21,000 acres, then mistakenly thought to be public land.
In 1942, a portion of the tract was designated the Mount Adams Wild Area, and this portion has been administered since 1964 for the public benefit under the Wilderness Act.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
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.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 11,670 (May 20, 1972), https://executiveordersarchive.org/orders/app-executive-order-11670-providing-for-the-return-certain-lands-the-yakima-indian-reservation.