By virtue of and pursuant to the authority vested in me by the act of June 4, 1897 (ch. 2, 30 Stat. 34, 36), and upon the recommendation of the Secretary of Agriculture, it is ordered that the tracts of land in Alaska lying within the following-described boundaries occupied under permits issued by the Forest Service be, and the same are hereby, excluded from the Tongass National Forest: Chs. Beginning at corner no. 1, meander corner, for the Myers Chuck elimination, on the mainland of Cleveland Peninsula, and the east shore of Clarence Strait, in approximate latitude 55°45' N., longitude 132°10' W., from which point the south end of Misery Island bears S. 84° W., and the north end of this island bears N. 56° W. Corner not set because of liability of destruction by tides. Thence N. 45° E. 0.50 to witness corner to corner no. 1 and meander corner, which is a hemlock stake 5 ft. long, 5 in. diam., squared and marked WC 1 MC MCE. A 20-in. cedar tree marked MCE WC 1 MC BT bears S. 79° E., 0.28 ch. A 24-in. hemlock tree marked MCE WC 1 MC BT bears S. 2°30' E., 0.31 ch. 15.00 to corner no. 2, which is a hemlock stake 5 ft. long, 6 in. diam., squared and marked MC ELIM C2. A 36-in. Alaska cedar tree marked MC ELIM 2 BT bears N. 67°30' W., 0.16 ch. A 14-in. lodgepole pine tree marked MC ELIM 2 BT bears S. 45° E., 0.36 ch. Thence S. 45° E. 85.00 to corner no. 3, which is a green lodgepole pine stump 5 ft. high, 8 in. diam., squared and marked MC ELIM C3. A 12-in. lodgepole pine tree marked MC ELIM 3 BT bears N. 14° W., 0.46 ch. Thence S. 45° W. 30.00 to corner no. 4, which is a hemlock stake 5 ft. long, 6 in. diam., squared and marked MCE C4. A 26-in. cedar tree marked MCE 4 BT bears N. 20° W., 0.19 ch. A 14-in. hemlock tree marked MCE 4 BT bears S. 20° E., 0.08 ch. Chs. Thence west 36.60 to witness corner to corner no. 5 and meander comer, which is a fir stake 6 ft. long, 4 by 6 in., marked WC 5 MC MCE. A 7-in. hemlock tree marked WC 5 MC BT bears N. 47° E.t 0.20 ch. A 12-in. hemlock tree marked WC 5 MC BT bears S. 1° W., 0.28 ch. 37.10 to corner no. 5, a point at mean high tide on shore Clarence Strait, not set because of liability to destruction by tides. Thence by protracted courses in the waters of Clarence Strait, west 1.00 to corner no. 6, not set. Thence north 31.10 to corner no. 7, not set. Thence N. 45° E. 25.01 to corner no. 1, and place of beginning. Area of tract on mainland approximately 252.22 acres. Approximate area of islands enclosedt 40.00 acres. Total for elimination 292.22 acres. The survey was made July 14 to 16, 1933; the bearings of the lines were determined by needle compass, allowing a variation of 30° E., and are intended to refer to the true meridian. The lands hereby excluded from the Tongass National Forest shall be subject to disposal under the appropriate town site or other public-land laws under such rules and regulations as may be prescribed by the Secretary of the Interior. FRANKLIN D. ROOSEVELT The White House, September 15, 1934.
Executive Order 6849—Exclusion of Public Lands from Tongass National Forest, Alaska
Executive Brief • At a Glance
The tracts of land in Alaska lying within the following-described boundaries occupied under permits issued by the Forest Service be, and the same are hereby, excluded from the Tongass National Forest: Chs.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on September 15, 1934, this order concerns Exclusion of Public Lands from Tongass National Forest, Alaska. The tracts of land in Alaska lying within the following-described boundaries occupied under permits issued by the Forest Service be, and the same are hereby, excluded from the Tongass National Forest: Chs. Beginning at corner no. 1, meander corner, for the Myers Chuck elimination, on the mainland of Cleveland Peninsula, and the east shore of Clarence Strait, in approximate latitude 55°45' N., longitude 132°10' W.…
Key Directives & Operative Actions
The tracts of land in Alaska lying within the following-described boundaries occupied under permits issued by the Forest Service be, and the same are hereby, excluded from the Tongass National Forest: Chs.
The lands hereby excluded from the Tongass National Forest shall be subject to disposal under the appropriate town site or other public-land laws under such rules and regulations as may be prescribed by the Secretary of the Interior.
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 president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
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
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
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. 6849 (Sept. 15, 1934), https://executiveordersarchive.org/orders/app-executive-order-6849-exclusion-public-lands-from-tongass-national-forest-alaska.