Whereas by certain Executive and Public Land orders more than 13,000,000 acres of public lands have been withdrawn and reserved for the use of the military and other branches of the Federal Government for purposes incident to the various phases of the national emergency and the prosecution of the war; and Whereas immediately prior to the issuance of such orders various Executive departments and independent agencies of the Federal Government had primary jurisdiction over, interests in, needs and uses for, or administration of, certain portions of such public lands; and Whereas because of the findings of necessity for the emergency use of such lands, the jurisdiction over, interests in, needs and uses for, and administration of those lands by such departments and agencies were subordinated to such emergency use; and Whereas it is and has been the intention, as expressed in most of the orders, that after the termination of the emergency, the public lands should be returned to the jurisdiction, uses, and administration which existed prior to the withdrawal and reservation of such lands for purposes incident to the national emergency and the prosecution of the war; and Whereas it is appropriate that, in future determinations of the public purposes for which such lands shall be used, reserved, or administered after the emergency, those departments and agencies of the Federal Government which had prior jurisdiction over, interests in, or administration of such lands should have restored to them such jurisdiction over, interests in, or administration of the lands as existed prior to the withdrawal and reservation of the lands for purposes incident to the national emergency and the prosecution of the war: Now, Therefore , by virtue of the authority vested in me as the President of the United States as set forth in the orders hereinafter enumerated, it is ordered as follows: The Executive orders and Public Land orders hereinafter enumerated, withdrawing and reserving public lands for uses incident to the national emergency and the prosecution of the war, are hereby amended by adding to each of the said orders the following paragraph: "The jurisdiction granted by this order shall cease at the expiration of the six months' period following the termination of the unlimited national emergency declared by Proclamation No. 2487 of May 27, 1941 (55 Stat. 1647). Thereupon, jurisdiction over the lands hereby reserved shall be vested in the Department of the Interior, and any other department or agency of the Federal Government according to their respective interests then of record. The lands, however, shall remain withdrawn from appropriation as herein provided until otherwise ordered." Executive Order Numbers: 8101, 8102, 8305, 8325, 8343, 8450, 8507, 8508, 8577, 8578, 8579, 8636, 8651, 8652, 8725, 8755, 8788, 8789, 8792, 8793, 8794, 8830, 8831, 8847, 8865, 8872, 8874, 8877, 8884, 8892, 8915, 8923, 8927, 8932, 8954, 8957, 8992, 8999, 9000, 9014, 9019, 9020, 9026, 9029, 9042, 9053, 9081, 9086, 9104, 9107, 9109, 9114, 9143, 9215. Public Land Order Numbers: 1, 3, 4, 6, 7, 9, 10, 11, 13, 15, 16, 18, 21, 22, 24, 25, 26, 27, 28, 31, 33, 34, 35, 37, 39, 40, 43, 44, 50, 51, 55, 56, 57, 58, 59, 60, 62, 63, 64, 66, 72, 74, 75, 76, 80, 81, 83, 85, 87, 88, 89, 90, 93, 94, 97, 98, 105, 109, 110. Any provision in any of the orders hereinabove enumerated which is in conflict with this order is hereby superseded to the extent of such conflict: Provided, however , That any" provision for the earlier return of jurisdiction over the public lands in any of said orders shall remain operative. FRANKLIN D ROOSEVELT The White House, February 28, 1945.
Executive Order 9526—Amending Certain Executive and Public Land Orders Withdrawing Public Lands for Purposes Incident to the National Emergency and the Prosecution of the War
Executive Brief • At a Glance
The Executive orders and Public Land orders hereinafter enumerated, withdrawing and reserving public lands for uses incident to the national emergency and the prosecution of the war, are hereby amended by adding to each of the said orders the following paragraph: "The jurisdiction granted by this order shall cease at the expiration of the six months' period following the termination of the unlimited national emergency declared by Proclamation No. 2487 of May 27, 1941 (55 Stat. 1647).
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 February 28, 1945, this order concerns Amending Certain Executive and Public Land Orders Withdrawing Public Lands for Purposes Incident to the National Emergency and the Prosecution of the War. The Executive orders and Public Land orders hereinafter enumerated, withdrawing and reserving public lands for uses incident to the national emergency and the prosecution of the war, are hereby amended by adding to each of the said orders the following paragraph: "The jurisdiction granted by this order shall cease at the expiration of the six months' period following the termination of the unlimited national…
Key Directives & Operative Actions
The Executive orders and Public Land orders hereinafter enumerated, withdrawing and reserving public lands for uses incident to the national emergency and the prosecution of the war, are hereby amended by adding to each of the said orders the following paragraph: "The jurisdiction granted by this order shall cease at the expiration of the six months' period following the termination of the unlimited national emergency declared by Proclamation No. 2487 of May 27, 1941 (55 Stat. 1647).
Thereupon, jurisdiction over the lands hereby reserved shall be vested in the Department of the Interior, and any other department or agency of the Federal Government according to their respective interests then of record.
The lands, however, shall remain withdrawn from appropriation as herein provided until otherwise ordered." Executive Order Numbers: 8101, 8102, 8305, 8325, 8343, 8450, 8507, 8508, 8577, 8578, 8579, 8636, 8651, 8652, 8725, 8755, 8788, 8789, 8792, 8793, 8794, 8830, 8831, 8847, 8865, 8872, 8874, 8877, 8884, 8892, 8915, 8923, 8927, 8932, 8954, 8957, 8992, 8999, 9000, 9014, 9019, 9020, 9026, 9029, 9042, 9053, 9081, 9086, 9104, 9107, 9109, 9114, 9143, 9215.
Any provision in any of the orders hereinabove enumerated which is in conflict with this order is hereby superseded to the extent of such conflict: Provided, however , That any" provision for the earlier return of jurisdiction over the public lands in any of said orders shall remain operative.
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 takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
James Madison
Separation of Powers & Legislative Primacy
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)
Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
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
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
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 asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
Scholarly & Legal Citations
Exec. Order No. 9526 (Feb. 28, 1945), https://executiveordersarchive.org/orders/app-executive-order-9526-amending-certain-executive-and-public-land-orders-withdrawing-public.