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Executive Order 5216 Constitutional Neutral (+0.02)

Executive Order 5216—Restoring Certain Reserved Lands for Resurvey and Opening Such Lands to Entry, South Dakota

Herbert Hoover Herbert Hoover
•
Saturday, November 2, 1929
•
3 min read (634 words)

Plain-English Translation & Framers' Constitutional Analysis

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

This executive order, signed by President Herbert Hoover on 1929-11-02, establishes federal administrative policy concerning "Restoring Certain Reserved Lands for Resurvey and Opening Such Lands to Entry, South Dakota." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ 3748 of October 23, 1922, with certain lands in South Dakota for classification, be and it is hereby revoked in so far as it affects the public lands in the following described areas: Black Hills Meridian In T.
▪ And it is also hereby ordered, pursuant to Public Resolution No.
▪ 434), as amended January 21 and December 28, 1922 (42 Stat.

Constitutional & Societal Entities Impacted

🏛️ Private Citizens & Property Owners
Total Words
634
2,950 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
2.7
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 5216, Herbert Hoover (Nov 2, 1929). Available at https://executiveordersarchive.org/orders/app-executive-order-5216-restoring-certain-reserved-lands-for-resurvey-and-opening-such-lands.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
It is hereby ordered that Executive order No. 3748 of October 23, 1922, with certain lands in South Dakota for classification, be and it is hereby revoked in so far as it affects the public lands in the following described areas: Black Hills Meridian In T. 2 S., R. 15 E., Secs. 1 to 12, inclusive, N½ Sec. 18, SE¼ SE¼ Sec. 34, S½ SW¼ and SW¼ SE¼ Sec. 35; 1 In T. 3 S., R. 15 E., Secs. 1 and 2, NE¼ NE¼, S½ NE¼ and NE¼ SE¼ Sec. 3, W½ W½ Sec. 6, all Sec. 7, SW¼ NW¼ and NW¼ SW¼ Sec. 8, N½, E½ SW¼ and SE¼ Sec. 11, Secs. 12, 13, NE¼, NE¼ NW¼, S½ NW¼ and S½ Sec. 14, SE¼ NE¼ and S½ Sec. 15, S½ S½ Sec. 19, all Secs. 20 to 36, inclusive; In T. 2 S., R. 16 E., Secs. 1 to 15, inclusive, 22, 23, 24, 25, N½, E½ SW¼ and SE¼ Sec. 26, NE¼ Sec. 27, S½ NE¼, NW¼ and SE¼ Sec. 31, S½ NW¼ and S½ Sec. 32, S½ Sec. 33, W½ SW¼ Sec. 34, E½ Sec. 35, all Sec. 36; In T. 3 S., R. 16 E., N½ Sec. 1, S½ NE¼, NW¼ NW¼, S½ NW¼ and S½ Sec. 3, Secs. 4 to 10, inclusive, SW¼ NE¼, NW¼ and S½ Sec. 11, SW¼ SW¼ Sec. 12, S½ NE¼, NW¼ and S½ Sec. 13, Secs. 14 to 36, inclusive; In T. 3 S., R. 17 E., Secs. 1 to 5, inclusive, N½, E½ SW¼ and SE¼ Sec. 6, NE¼ and NE¼ NW¼ Sec. 7, N½ and NE¼ SE¼ Sec. 8, all Sec. 9, N½ NE¼ and 10, NE¼, N½ NW¼, SE¼ NW¼ and NW¼ SE¼ Sec. 11, N½ and N½ SE¼ Sec. 12, SW¼ and W½ SE¼ Sec. 17, E½ NE¼ and S½ Sec. 19, W½ E½ and W½ Sec. 20, E½ and E½ W½ Sec. 22, all Sec. 23, NW¼ NW¼, S½ NW¼ and S½ Sec. 24, all Secs. 25 and 26, NE¼, E½ NW¼ and S½ Sec. 27, S½ Sec. 28, W½ NE¼, NW¼ and S½ Sec. 29, all Secs. 30 to 36, inclusive; In T. 3 S., R. 18 E., Secs. 1 to 12, inclusive, W½ E½ and W½ Sec. 13, N½, E½ SW¼ and SE¼ Sec. 14, N½ Sec. 15, S½ SW¼ Sec. 19, N½ NE¼ and E½ NW¼ Sec. 23, N½ NW¼ Sec. 24, S½ S½ Sec. 28, SW¼ SW¼ and SE¼ SE¼ Sec. 29, all Secs. 30 to 36, inclusive; In T. 3 S., R. 19 E., Secs. 1 to 17, inclusive, E½ Sec. 18, N½ NE¼ and SE¼ NE¼ Sec. 19, Secs. 20 to 31, inclusive, W½ E½, SE¼ SE¼ and W½ Sec. 32, N½ NW¼, SE¼ NW¼ and E½ Sec. 33, all Secs. 34, 35 and 36. And it is also hereby ordered, pursuant to Public Resolution No. 29 of February 14, 1920 (41 Stat. 434), as amended January 21 and December 28, 1922 (42 Stat. 358, 1067), that the public lands in the above described areas, subject to valid rights, shall be opened only to entry under the homestead or desert land laws by qualified ex-service men of the war with Germany, under the terms and conditions of such resolution and the regulations issued thereunder, for a period of 91 days beginning with the 63rd day from and after the date hereof, and thereafter any of said land remaining unentered will be subject to appropriation under any public land law applicable thereto by the general public. Subsequent to the date hereof and prior to the date of restoration to general disposition as herein provided, no rights may be acquired to the restored land by settlement in advance of entry, or otherwise except strictly in accordance herewith. HERBERT HOOVER The White House, November 2, 1929.