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J UTTERA
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FEDERAL
VOLUME 11

VT,
liL ETl ,

REGSTER

1934

4 OA/i t ED %

NUMBER 47

,
Washington, Friday March 8, 1946
The President EXECUTIVE ORDER 9701
P roviding for th e R eservation of R ights To F issionable M aterials i n L ands O wned by the U nited S tates
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 publicland 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 sub ject 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 author ization which grants any right to remove minerals from such land, or which other wise 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, to gether with the right to enter upon the land and prospect for, mine, and remove such materials.
2. So far as not in conflict with exist ing law, a all disposals of lands, other than public lands, heretofore or here after acquired by the United States or any instrumentality thereof, including lands in the territories and possessions of the United States, b all leases, per mits, or other authorizations of what ever kin 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, m i n e , and remove minerals, shall reserve to the United States all fissionable ma terials in the lands, together with the nght, at any and all times, to enter upon the lands and prospect for, miné, and
CONTENTS
remove such materials: Provided, that no reservation under this paragraph THE PRESIDENT
shall interfere with theprim ary use of the land established or indicated by any E xecutive O rder :

Pa8e act of Congress; And provided further, Fissionable materials in lands th a t no reservation shall be required by owned by U. S., reservation this paragraph whenever the Secretary of rig h ts----------------------- 2369
of the Interior shall determine that the REGULATIONS AND NOTICES
land affected does not contain substan tial deposits of fissionable materials, or A griculture D epartment. See that, in view of all the circumstances, also Commodity Credit Cor there is no reasonable probability that poration.
such materials are present in quantities Director of Livestock Branch, sufficient to justify their extraction.
delegations of authority 3
3. The term fissionable materials as documents_________ 2372, 2386
used in this order means a all deposits A lien P roperty Custodian :
from which the substances known as Vesting orders, etc.:
thorium, uranium including uranium Ahrens, H., &Co------------------- 2406
enriched as to one of its isotopes, and Bethmann, Gebrueder______ 2407
elements higher than uranium in the Bohme, H., &Co___________ 2407
periodic table, can be refined or produced, Bracht, William__ _________ 2407
and b all deposits from which there Costs and expenses incurred in can be refined or produced other sub certain court actions:
stances determined by the President by >Arizona, Colorado, and Ore Executive order to be readily capable of gon _________ ----- 2395
or peculiarly related to transmutation California--------2387
of atomic species, the production of Connecticut_____________ 2404
nuclear fission, or the release of atomic Illinois 4 documents----- 2393, energy.
2396,2400,2405
4. Executive Order No. 9613 of Sep Massachusetts 2 d o c u
tember 13, 1945, entitled Withdrawing ments _________ 2392, 2403
and Reserving for the Use of the United Minnesota, Michigan, Illi States Lands Containing Radio-active nois, I n d i a n a , and Mineral Substances is hereby revoked:
Ohio________________ 2391
Provided, however, that all lands with New Jersey--------------------- 2389
drawn or reserved by that order which New York 4 documents __ 2391, contain or may contain substantial de 2397,2398,2402
posits of fissionable materials shall con tinue to remain withdrawn and reserved Pennsylvania, Louisiana, but shall be subject to the provisions of Florida, Maryland, pid this order.
District of Columbia 2389
5. At 10:00 a. m. on the 28th day from D e u t s c h e Effecten - und the date on which this order is signed, Wechsel-Bank 2386
the public lands released from with Deutsche GoTd-und-Silberdrawal by the revocation of the said Scheideanstalt, vermals Executive Order No. 9613, shall, subject Rossler__ _____________ 2386
to valid existing rights, the provisions Hamm, Amalia___________ 2404
of existing withdrawals, and the prior Neumeister, Charles W_____: 2408
provisions of this order, become subject Oldendorf, Charles A. H____ 2400
to application, petition, location, and selection as follows:
Raschi, Christoff Stephen 2408
a For a period of 90 days, commenc Stoeri, Ernst_______
_ 2387
ing on the day and i.t the hour named Tiedemann, Theodore______ 2400
above, the public lands affected by this Varga, Sophia_____________ 2408
order shall be subject to 1 application C ivil S ervice C o m m issio n :
under the homestead or the desert land Temporary regulations; qualifi Contiued on p. 2371
cations of applicants_____ 2371
2369