By virtue of the authority vested in me by section 7(b) of the Tennessee Valley Authority Act of 1933 (48 Stat. 63), and by the act of June 4, 1897, 30 Stat. 34, 36 (16 U.S.C. 473), it is ordered that the use, possession, and control of the land hereinafter described be, and they are hereby, transferred from the Department of Agriculture to the Tennessee Valley Authority, for the purposes thereof as stated in the said Tennessee Valley Authority Act of 1933. The land affected by this order is within the Nantahala National Forest in Nantahala Township of Swain County, North Carolina, and is more particularly described as follows: FR-827 Beginning at a point in the boundary line between the lands of E. L. McKee, and the United States Forest Service, the coordinates of which referred to the North Carolina Coordinate System are N. 613,535 and E. 635,177; Form the initial point: S. 83'16' E., 273 ft. to a point; S. 56'49' E., 1412 ft. to a point; S. 43'20' W., 170 ft. to a point in contour level 1722.63 ft. above mean sea level, as based on the United States Coast and Geodetic Survey's Southeastern Supplementary Adjustment of 1936; Thence northwesterly along the contour approximately 1500 feet to United States Forest Service Monument 1108-34; Thence No. 38'30' W., 190 ft. to the point of beginning. The tract as described contains 4.4 acres. The direction of lines are referred to the North Carolina Coordinate System. The transfer of the use, possession, and control of the above-described tract or parcel of land is made subject to such rights as may be vested in Swain County, North Carolina, or the State of North Carolina to rights-of-way for public roads. FRANKLIN D ROOSEVELT The White House, August 12, 1944.
Executive Order 9464—Transferring the Use, Possession, and Control of Certain Land in the Nantahala National Forest from the Department of Agriculture to the Tennessee Valley Authority
Executive Brief • At a Glance
The use, possession, and control of the land hereinafter described be, and they are hereby, transferred from the Department of Agriculture to the Tennessee Valley Authority, for the purposes thereof as stated in the said Tennessee Valley Authority Act of 1933.
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 August 12, 1944, this order concerns Transferring the Use, Possession, and Control of Certain Land in the Nantahala National Forest from the Department of Agriculture to the Tennessee Valley Authority. The use, possession, and control of the land hereinafter described be, and they are hereby, transferred from the Department of Agriculture to the Tennessee Valley Authority, for the purposes thereof as stated in the said Tennessee Valley Authority Act of 1933.
Key Directives & Operative Actions
The use, possession, and control of the land hereinafter described be, and they are hereby, transferred from the Department of Agriculture to the Tennessee Valley Authority, for the purposes thereof as stated in the said Tennessee Valley Authority Act of 1933.
The transfer of the use, possession, and control of the above-described tract or parcel of land is made subject to such rights as may be vested in Swain County, North Carolina, or the State of North Carolina to rights-of-way for public roads.
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 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."
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.
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 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.
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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 President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Scholarly & Legal Citations
Exec. Order No. 9464 (Aug. 12, 1944), https://executiveordersarchive.org/orders/app-executive-order-9464-transferring-the-use-possession-and-control-certain-land-the.