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Executive Order 5228 Constitutional Neutral (+0.02)

Executive Order 5228—Establishing Benton Lake Bird Refuge, Montana

Herbert Hoover Herbert Hoover
•
Thursday, November 21, 1929
•
2 min read (459 words)

Plain-English Translation & Framers' Constitutional Analysis

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

This executive order, signed by President Herbert Hoover on 1929-11-21, establishes federal administrative policy concerning "Establishing Benton Lake Bird Refuge, Montana." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

▪ M., be and the same are hereby reserved and set apart for the use of the Department of Agriculture as a refuge and breeding ground for birds, subject to existing valid rights: Principal Meridian In T.
▪ This refuge shall be known as the Benton Lake Bird Refuge.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
Total Words
459
2,279 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
6
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 5228, Herbert Hoover (Nov 21, 1929). Available at https://executiveordersarchive.org/orders/app-executive-order-5228-establishing-benton-lake-bird-refuge-montana.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
It is hereby ordered that the unappropriated public lands hereinafter described in terms of the public-land surveys, and shown on the diagram hereto attached and made a part of this order, situated at Benton Lake in the State of Montana, in Ts. 22 and 23 N., R. 3 E., and in T. 22 N., R. 4 E., P. M., be and the same are hereby reserved and set apart for the use of the Department of Agriculture as a refuge and breeding ground for birds, subject to existing valid rights: Principal Meridian In T. 22 N., R. 3 E., W½ and S½ SE¼ Sec. 2, all Secs. 3, 4 and 5, E½ E½, SW¼ SE¼, Lots 5, 6, and E½ SW¼ Sec. 6, NE¼ NE¼ Sec. 7, N½ N½, SE¼ NE¼, NE¼ SW¼, S½ SW¼ and SE¼ Sec. 8, all Secs. 9, 10 and 11, NW¼ NW¼ Sec. 12, NW¼ NW¼, S½ N½ and S½ Sec. 13, all Secs. 14 and 15, N½, E½ SW¼ and SE¼ Sec. 16, N½ Sec. 17, NE¼, NE¼ NW¼ and S½ NW¼ Sec. 18, NE¼ NE¼ Sec. 21, N½ N½ and SE¼ NE¼ Sec. 22, all Secs. 23, 24 and 25, NE¼, N½ NW¼ and NE¼ SE¼ Sec. 26; In T. 23 N., R. 3 E., SE¼ Sec. 34, NW¼ SW¼ and S½ SW¼ Sec. 35; In T. 22 N., R. 4 E., SW¼ NW¼, NW¼ SW¼, S½ SW¼ and SW¼ SE¼ Sec. 18, W½ E½ and W½ Sec. 19, W½ E½ and W½ Sec. 30, and N½ Sec. 31. It is unlawful, within this reservation, (a) to hunt, trap, capture, wilfully disturb, or kill any wild animal or bird of any kind whatever, or take or destroy the eggs of any wild bird, to occupy or use any part of the reservation, or enter thereon for any purpose, except under such rules and regulations as may be prescribed by the Secretary of Agriculture; (6) to cut, burn or destroy any timber, underbrush, grass, or other natural growth; (c) wilfully to leave or suffer fire to burn unattended near any timber or other inflammable material; (d) after building a fire in or near any forest, timber, or other inflammable material, to leave it without totally extinguishing it; and (e) wilfully to injure, molest, or destroy any property of the United States. Warning is expressly given to all persons not to commit any of the acts herein enumerated, under the penalties prescribed by Sections 106, 107 and 145 of Title 18, Chap. 4, United States Code, or by the act of February 18, 1929 (U. S. C. Supp. 3, Title 16, Chap. 7a, Sec. 715i). This refuge shall be known as the Benton Lake Bird Refuge. HERBERT HOOVER The White House, November 21, 1929.