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Executive Orders Historical Archive
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Executive Order 9701 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9701—Providing for the Reservation of Rights to Fissionable Materials in Lands Owned By the United States

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Monday, March 4, 1946
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5 min read (1,097 words)

Executive Brief • At a Glance

⏱️ 5 min read (1,097 words) • ● In Effect
🎯 Primary Mandate

Public lands of the United States, including lands in Alaska, which contain or may contain substantial deposits of fissionable materials shall be subject to (a) disposal under all applicable public-land laws which authorize or permit a reservation to the United States of all minerals in the land, together with the right to enter upon the land and prospect for, mine, and remove such minerals: Provided, that the disposal is made subject to such reservation; and (b) lease, permit, or other authorization to use the land or its resources in accordance with applicable public-land laws: Provided, that every such lease, permit, or authorization which grants any right to remove minerals from such land, or which otherwise would preclude the United…

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Private Citizens & Property Owners

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Harry S Truman on March 4, 1946, this order concerns Providing for the Reservation of Rights to Fissionable Materials in Lands Owned By the United States. Public lands of the United States, including lands in Alaska, which contain or may contain substantial deposits of fissionable materials shall be subject to (a) disposal under all applicable public-land laws which authorize or permit a reservation to the United States of all minerals in the land, together with the right to enter upon the land and prospect for, mine, and remove such minerals: Provided, that the…

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

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Public lands of the United States, including lands in Alaska, which contain or may contain substantial deposits of fissionable materials shall be subject to (a) disposal under all applicable public-land laws which authorize or permit a reservation to the United States of all minerals in the land, together with the right to enter upon the land and prospect for, mine, and remove such minerals: Provided, that the disposal is made subject to such reservation; and (b) lease, permit, or other authorization to use the land or its resources in accordance with applicable public-land laws: Provided, that every such lease, permit, or authorization which grants any right to remove minerals from such land, or which otherwise would preclude the United…

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So far as not in conflict with existing law, (a) all disposals of lands, other than public lands, heretofore or hereafter acquired by the United States or any instrumentality thereof, including lands in the territories and possessions of the United States, (b) all leases, permits, or other authorizations of whatever kind hereafter granted to remove minerals from such lands, and (c) all leases, permits or other authorizations which otherwise would preclude the United States from exercising its right to enter upon the lands and prospect for, mine, and remove minerals, shall reserve to the United States all fissionable materials in the lands, together with the right, at any and all times, to enter upon the lands and prospect for, mine, and…

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Executive Order No. 9613 of September 13, 1945, entitled "Withdrawing and Reserving for the Use of the United States Lands Containing Radio-active Mineral Substances" is hereby revoked: Provided, however, that all lands withdrawn or reserved by that order which contain or may contain substantial deposits of fissionable materials shall continue to remain withdrawn and reserved but shall be subject to the provisions of this order. 5.

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At 10:00 a.m. on the 28th day from the date on which this order is signed, the public lands released from withdrawal by the revocation of the said Executive Order No. 9613, shall, subject to valid existing rights, the provisions of existing withdrawals, and the prior provisions of this order, become subject to application, petition, location, and selection as follows: (a) For a period of 90 days, commencing on the day and at the hour named above, the public lands affected by this order shall be subject to (1) application under the homestead or the desert land laws, or the small-tract act of June 1, 1938 (52 Stat. 609, 43 U.S.C. sec. 682a), by qualified veterans of World War II, for whose service recognition is granted by the act of…

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

⚖️✨ Zone 2 (Zone of Twilight)
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"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."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

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.

Madisonian Stance: Vigilant / Cautionary
AH

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.

Hamiltonian Stance: Strong Prerogative Support
GM

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.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
42 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
1,097
6,803 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
19.9
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me as the President of the United States, it is hereby ordered as follows: 1. Public lands of the United States, including lands in Alaska, which contain or may contain substantial deposits of fissionable materials shall be subject to (a) disposal under all applicable public-land laws which authorize or permit a reservation to the United States of all minerals in the land, together with the right to enter upon the land and prospect for, mine, and remove such minerals: Provided, that the disposal is made subject to such reservation; and (b) lease, permit, or other authorization to use the land or its resources in accordance with applicable public-land laws: Provided, that every such lease, permit, or authorization which grants any right to remove minerals from such land, or which otherwise would preclude the United States from exercising its right to enter upon the land and prospect for, mine, and remove minerals, shall be made subject to a reservation to the United States of all fissionable materials in the land, together with the right to enter upon the land and prospect for, mine, and remove such materials. 2. So far as not in conflict with existing law, (a) all disposals of lands, other than public lands, heretofore or hereafter acquired by the United States or any instrumentality thereof, including lands in the territories and possessions of the United States, (b) all leases, permits, or other authorizations of whatever kind hereafter granted to remove minerals from such lands, and (c) all leases, permits or other authorizations which otherwise would preclude the United States from exercising its right to enter upon the lands and prospect for, mine, and remove minerals, shall reserve to the United States all fissionable materials in the lands, together with the right, at any and all times, to enter upon the lands and prospect for, mine, and remove such materials: Provided, that no reservation under this paragraph shall interfere with the primary use of the land established or indicated by any act of Congress; And provided further, that no reservation shall be required by this paragraph whenever the Secretary of the Interior shall determine that the land affected does not contain substantial deposits of fissionable materials, or that, in view of all the circumstances, there is no reasonable probability that such materials are present in quantities sufficient to justify their extraction. 3. The term "fissionable materials" as used in this order means (a) all deposits from which the substances known as thorium, uranium (including uranium enriched as to one of its isotopes), and elements higher than uranium in the periodic table, can be refined or produced, and (b) all deposits from which there can refined or produced other substances determined by the President by Executive order to be readily capable of or peculiarly related to transmutation of atomic species, the production of nuclear fission, or the release of atomic energy. 4. Executive Order No. 9613 of September 13, 1945, entitled "Withdrawing and Reserving for the Use of the United States Lands Containing Radio-active Mineral Substances" is hereby revoked: Provided, however, that all lands withdrawn or reserved by that order which contain or may contain substantial deposits of fissionable materials shall continue to remain withdrawn and reserved but shall be subject to the provisions of this order. 5. At 10:00 a.m. on the 28th day from the date on which this order is signed, the public lands released from withdrawal by the revocation of the said Executive Order No. 9613, shall, subject to valid existing rights, the provisions of existing withdrawals, and the prior provisions of this order, become subject to application, petition, location, and selection as follows: (a) For a period of 90 days, commencing on the day and at the hour named above, the public lands affected by this order shall be subject to (1) application under the homestead or the desert land laws, or the small-tract act of June 1, 1938 (52 Stat. 609, 43 U.S.C. sec. 682a), by qualified veterans of World War II, for whose service recognition is granted by the act of September 27, 1944 (58 Stat. 747, 43 U.S.C. sec. 282), subject to the requirements of applicable law, and (2) application under any applicable public-land law, based on prior existing valid settlement rights and preference rights conferred by existing laws or equitable claims subject to allowance and confirmation. Applications by such veterans shall be subject to claims of the classes described in this subdivision (2). (b) For a period of 20 days immediately prior to the beginning of such 90-day period, such veterans, and persons claiming preference rights superior to those of such veterans, may present their applications, and all such applications, together with those presented at 10:00 a.m. on the first day of the 90-day period, shall be treated as simultaneously filed. (c) Commencing at 10:00 a.m. on the 91st day after the lands become subject to application, as hereinabove provided, any of the lands remaining unappropriated shall become subject to such application, petition, location, and selection by the public generally as may be authorized by the public-land laws. (d) Application by the general public may be presented during the 20-day period immediately preceding such 91st day, and all such applications, together with those presented at 10:00 a.m. on that day, shall be treated as simultaneously filed. 6. Veterans shall accompany their applications with certified copies of their certificates of discharge, or other satisfactory evidence of their military or naval service. Persons asserting preference rights, through settlement or otherwise, and those having equitable claims shall accompany their applications by duly corroborated affidavits in support thereof, setting forth in detail all facts relevant to their claims. 7. Applications for these lands, which shall be filed in the appropriate District Land Office or, if there is no district land office in the State in which the land is situated, in the General Land Office, Washington, D.C., shall be acted upon in accordance with the regulations contained in § 295.8 of Title 43 of the Code of Federal Regulations (Circular 324, May 22, 1914, 43 L. D. 254), and part 296 of that title, to the extent that such regulations are applicable. Applications under the homestead laws shall be governed by the regulations contained in Subchapter I of Title 43 of the Code of Federal Regulations, and applications under the desert-land laws and the small-tract act of June 1, 1938, shall be governed by the regulations contained in Parts 232 and 257, respectively, of that title. HARRY S. TRUMAN THE WHITE HOUSE March 4, 1946

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 9701 (Mar. 4, 1946), https://executiveordersarchive.org/orders/app-executive-order-9701-providing-for-the-reservation-rights-fissionable-materials-lands.