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Executive Order 10890 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 10890—Including Certain Lands in the Dixie National Forest and Transferring Certain Lands From the Department of Agriculture to the Department of the Interior

Dwight D. Eisenhower Dwight D. Eisenhower
•
Thursday, October 27, 1960
•
5 min read (973 words)

Executive Brief • At a Glance

⏱️ 5 min read (973 words) • ● In Effect
🎯 Primary Mandate

The exterior boundaries of the Dixie National Forest in the State of Utah are hereby extended to include the following- described lands: SALT LAKE MERIDIAN T. 83 8., R. 2 W., secs. 17 to 20, inclusive; secs. 29 to 32, inclusive.

View all 3 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Dwight D. Eisenhower on October 27, 1960, this order concerns Including Certain Lands in the Dixie National Forest and Transferring Certain Lands From the Department of Agriculture to the Department of the Interior. The exterior boundaries of the Dixie National Forest in the State of Utah are hereby extended to include the following- described lands: SALT LAKE MERIDIAN T. 83 8., R. 2 W., secs. 17 to 20, inclusive; secs. 29 to 32, inclusive. T. 34 8., R. 2 W., secs. 5 and 6; sec. 7, 1P/2; sec. 8, N%. T. 83 S., R. 3 W., sec. 19; secs. 23 to 26, inclusive; secs. 35, and 36.

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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The exterior boundaries of the Dixie National Forest in the State of Utah are hereby extended to include the following- described lands: SALT LAKE MERIDIAN T. 83 8., R. 2 W., secs. 17 to 20, inclusive; secs. 29 to 32, inclusive.

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Subject to valid existing rights, all lands owned by the United States within the above-described area are hereby reserved as parts of the Dixie National Forest; and all lands within such area that may hereafter be acquired by the United States for national-forest purposes shall upon acquisition of title thereto be reserved as parts of that forest. 3.

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Subject to valid existing rights, the following-described lands acquired by or transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the Bankhead-Jones Farm Tenant Act, together with title and use records, water or water rights, improvements, appurtenances, and structures on such lands, are hereby transferred from the Department of Agriculture to the Department of the Interior for use, ad-ministration, or exchange under the applicable provisions of the Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.), as amended, or for use or administration under the general land-management authority of the Secretary of the Interior as the Secretary shall determine…

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants

Policy Areas & Topics

🏷️ Agriculture
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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 1 (Maximum Authority)
§

"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."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

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.

Madisonian Stance: Concurring (Statutory)
AH

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.

Hamiltonian Stance: Supportive of Execution
GM

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.

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
35 / 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

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ 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
973
5,464 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
5
Grade 5
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 by section 24 of the act of March 3, 1891 (26 Stat. 1103; 16 U.S.C. 471), the act of June 4, 1897 (30 Stat. 34, 36; 16 U.S.C. 473) , and section 32(c) of Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 526; 7 U.S.C. 1011(0)) , and as President of the United States, and upon the recommendation of the Secretary of Agriculture, it is ordered as follows: 1. The exterior boundaries of the Dixie National Forest in the State of Utah are hereby extended to include the following- described lands: SALT LAKE MERIDIAN T. 83 8., R. 2 W., secs. 17 to 20, inclusive; secs. 29 to 32, inclusive. T. 34 8., R. 2 W., secs. 5 and 6; sec. 7, 1P/2; sec. 8, N%. T. 83 S., R. 3 W., sec. 19; secs. 23 to 26, inclusive; secs. 35, and 36. T. 34 S., R. 3 W., secs. 1 and 2; sec. 11, Nyi; sec. 12, Mi; containing 13.386 acres, more or less. 2. Subject to valid existing rights, all lands owned by the United States within the above-described area are hereby reserved as parts of the Dixie National Forest; and all lands within such area that may hereafter be acquired by the United States for national-forest purposes shall upon acquisition of title thereto be reserved as parts of that forest. 3. Subject to valid existing rights, the following-described lands acquired by or transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the Bankhead-Jones Farm Tenant Act, together with title and use records, water or water rights, improvements, appurtenances, and structures on such lands, are hereby transferred from the Department of Agriculture to the Department of the Interior for use, ad-ministration, or exchange under the applicable provisions of the Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.), as amended, or for use or administration under the general land-management authority of the Secretary of the Interior as the Secretary shall determine, including the authority to grant licenses and easements upon such terms as he may deem reasonable: Provided, that twenty-five per cent of the net revenues received by the Secretary of the Interior from grazing and other uses of the transferred lands shall continue to be paid to the counties in which such lands are located for the purposes specified in section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1012) in lieu of payments therefrom to the State or counties at the rates specified in section 10 of the Taylor Grazing Act (43 U.S.C. 315 i) or in any other act under which the transferred lands are used and administered under this order: SALT LAKE MERIDIAN T. 33 8., R. 2 W., sec. 2, E1/2SE%; sec. 7, SE%NE%, E%SE%; sec. 8, 81/2NW1/4. W%8W1/41 sec. 11, SE1/4SE%; sec. 12, NEy4NW%, S1/2NW%; sec. 14, NEY4NEVi: sec. 21, NW1/4NW1/4. 830/W%, 8%8W%, 81/28E%; sec. 23, Ey2SW1/4. W%8Ey4; sec. 27, E%8W%; sec. 28, E1/2, also beginning at the NW corner of the NE V4NW%, thence south 180 rods, thence east 12 rods, thence north 160 rods, thence west 12 rods to point of beginning, W%NW%, W1/2SW1/4; sec. 33, Nye, SW1/48W1/4, NEW8Ey4, 81/2 SE y4; sec. 34, W%E%, NW%, IPASW%, SW% BW%, SE1/48E%. T. 34 S., R. 2 W., sec. 2, Lots 1 and 2, 8E%SE%; sec. 3, Lots 1 and 2, 8%8%; sec. 7, E1/2SE%; sec. 8, N1/281/2, 8W1/48W%, S1/28E%; sec. 10, S1/28%; sec. 11, SW%; sec. 14, NW% , NW1/4SW%; sec. 15, N1/2NE1/4, SE1/4NE%, E1/2NW1/4, E% SW'/4, N%SW1/4SW%, N1/28E%, SW% 8E1/4; sec. 16, S% ; sec. 17, NE'/4, SW1/4NW%, W1/2 8W%, SE% SW1/4; sec. 18, 8E%; sec. 19, Lots 3 and 4, NEl/4, E%SW3/4, SE1%; sec. 20, 8E1/4; sec. 21, NEV&NEY4, 81/2NEV4, NW'/4, SWI1/4, E1/2SE1/4; sec. 22, NW%NE1/4, also beginning at the NW corner of the SWY4NE11/4, of sec. 22, thence south 36 rods, thence east 80 rods, thence north 36 rods, thence west 80 rods to the place of beginning; also beginning at the NE corner SE1/4NE% sec. 22, thence west 67 rods, thence south 18 rods, thence east 67 rods, thence north 18 rods to the place of beginning; W1/2NW1/4, also beginning at the SE corner of the NWy4SE1/4 sec. 22, thence north 54 rods, thence west 36 rods, thence south 13 rods, thence west 18 rods, thence south 18 rods, thence west 26 rods, thence south 23 rods, thence east 80 rods to the place of beginning; T. 84 S., R. 2 W---Continued sec. 27, NE1/4NWI1/4, SEVISE%; sec. 28, NE y4, NWy4NW1/4, S%NWVit, E$ 8W1/4, SE%; sec. 29, E1/2, E%NW 1/4, also beginning at the NE corner of the NW%NW%, thence 78.5. rods west, thence 160 rods south, thence 78.6 rods east, thence 160 rods north to the point of beginning; SW%; sec. 30, Lots 1 to 4 inclusive, also beginning at the NW corner of the NEVANE% sec. 30, thence south 180 rods, thence east. 78.6 rods, thence north 160 rods, thence west 78.5 rods to the point of beginning; WIANE%, E%107iy4, E%SW%, SE%; sec. 31; sec. 32; sec. 33, N1/2NE%, NEY4NW%, NWy4SW%. T. 35 S., R. 2 W., sec. 4, SW'/4; sec. 5, lots 1 and 2, S1/2NE%, B1/2; sec. 7, Eli; sec. 8, E1/2, SW%. T.348.,R.3 W., sec. 14, E1/2SW11/4, W1/2SE1/4; sec. 23, NE%, E%NW%, NEWECW%, N3 SE'/4, SW1/48E1/4; sec. 24, W1/2NW%, 81/2; sec. 25; sec. 26, W1/28W1/4, SE%8W1/4, SWY4SE%; sec. 36, Eye. T. 35 8., R. 3 W., sec. 1, S%NW%, N1/2SW%; sec. 2, W1/2SW%; sec. 13, W%SEy4; sec. 20, 8W1/4NE%, NEy4NW1/4, NE1/48W%. SE%; sec. 29, Nye; sec. 32; sec. 33, SW1/4SW%. T. 36 S., R. 3 W., sec. 6, lots 1 and 2; containing 14,825 acres more or less. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

October 27, 1960.

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Scholarly & Legal Citations 

Exec. Order No. 10,890 (Oct. 27, 1960), https://executiveordersarchive.org/orders/app-executive-order-10890-including-certain-lands-the-dixie-national-forest-and-transferring.