Executive Order 9908—Reservation of Source Material in Certain Lands Owned by the United States

By virtue of the authority vested in me as President of the United States, and in further effectuation of the policies declared by section 1 of the Atomic Energy Act of 1946 (60 Stat. 755), it is hereby ordered as follows:

1. 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 of any instrumentality thereof, including lands in the Territories and possessions of the United States, except in conveyances where all minerals including source material, are reserved to 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 contain the following reservation:

"All uranium, thorium, and all other materials determined pursuant to section 5(b)(1) of the Atomic Energy Act of 1946 (60 Stat. 761) to be peculiarly essential to the production of fissionable material, contained, in whatever concentration, in deposits in the lands covered by this instrument are hereby reserved for the use of the United States, together with the right of the United States through its authorized agents or representatives at any time to enter upon the land and prospect for, mine, and remove the same, making just compensation for any damage or injury occasioned thereby. However, such land may be used, and any rights otherwise acquired by this disposition may be exercised, as if no reservation of such materials had been made; except that, when such use results in the extraction of any such material from the land in quantities which may not be transferred or delivered without a license under the Atomic Energy Act of 1946, as it now exists or may hereafter be amended, such material shall be the property of the United States Atomic Energy Commission, and the Commission may require delivery of such material to it by any possessor thereof after such material has been separated as such from the ores in which it was contained. If the Commission requires the delivery of such material to it, it shall pay to the person mining or extracting the same, or to such other person as the Commission determines to be entitled thereto, such sums, including profits, as the Commission deems fair and reasonable for the discovery, mining, development, production, extraction, and other services performed with respect to such material prior to such delivery, but such payment shall not include any amount on account of the value of such material before removal from its place of deposit in nature. If the Commission does not require delivery of such material to it, the reservation hereby made shall be of no further force or effect."

2. The reservation required by paragraph 1 above need not be included in any disposition of land which is not in excess of one acre and which is devoted primarily to a residential use.

3. Executive Order No. 9701 of March 4, 1946, entitled "Providing for the Reservation of Rights to Fissionable Materials in Lands Owned by the United States", is hereby revoked; but such revocation shall not be construed to affect the revocation of Executive Order No. 9613 made by Executive Order No. 9701 or the provisions contained therein with respect to the lands released from withdrawal by the revocation of Executive Order No. 9613.

HARRY S. TRUMAN

THE WHITE HOUSE,

December 5, 1947