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Executive Order 6889 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 6889—Transfer of Lands From the Selway National Forest to Other National Forests in the State of Idaho

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Monday, October 29, 1934
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8 min read (1,624 words)

Executive Brief • At a Glance

⏱️ 8 min read (1,624 words) • ● In Effect
🎯 Primary Mandate

Lands within the Selway National Forest, in the State of Idaho, be, and they are hereby, transferred as follows: FROM THE SELWAY TO THE LOLO NATIONAL FOREST All lands lying to the north and east of the following-described line: Beginning at a point on the Montana-Idaho State line at the first angle post on the 295 mile and identified as Blodgett Mountain; thence in a westerly direction along the hydrographic divide between the Big Sand Creek drainage on the north and the Dead Elk Creek drainage on the south to Jeanette Mountain; thence south-westerly down the hydrographic divide just east of Jeanette Creek to the mouth of said creek; thence westerly and southerly down Moose Creek to the mouth of Cedar Creek; thence due west approximately…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
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 Franklin D. Roosevelt on October 29, 1934, this order concerns Transfer of Lands From the Selway National Forest to Other National Forests in the State of Idaho. Lands within the Selway National Forest, in the State of Idaho, be, and they are hereby, transferred as follows: FROM THE SELWAY TO THE LOLO NATIONAL FOREST All lands lying to the north and east of the following-described line: Beginning at a point on the Montana-Idaho State line at the first angle post on the 295 mile and identified as Blodgett Mountain; thence in a westerly direction along the hydrographic divide…

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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Lands within the Selway National Forest, in the State of Idaho, be, and they are hereby, transferred as follows: FROM THE SELWAY TO THE LOLO NATIONAL FOREST All lands lying to the north and east of the following-described line: Beginning at a point on the Montana-Idaho State line at the first angle post on the 295 mile and identified as Blodgett Mountain; thence in a westerly direction along the hydrographic divide between the Big Sand Creek drainage on the north and the Dead Elk Creek drainage on the south to Jeanette Mountain; thence south-westerly down the hydrographic divide just east of Jeanette Creek to the mouth of said creek; thence westerly and southerly down Moose Creek to the mouth of Cedar Creek; thence due west approximately…

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FROM THE SELWAY TO THE BITTERROOT NATIONAL FOREST All lands lying south and east of the following-described line: Beginning at a point on the Montana-Idaho State line at the first angle post and the Dead Elk Creek drainage on the south to Jeanette Mountain; thence south-westerly down the hydrographic divide just east of Jeanette Creek to the mouth of said creek; thence westerly and southerly down Moose Creek to the mouth of Cedar Creek; thence due west approximately 2 miles to an intersection with Maple Lake Ridge; thence northerly along said ridge to bench mark no. 7565; thence northwest along the hydrographic divide at the head of Isaac Creek drainage to the saddle or pass at the head of North Fork Moose Creek in approximately sec. 27…

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FROM THE SELWAY TO THE CLEARWATER NATIONAL FOREST All lands lying to the north and west of the following-described line: Beginning at a point approximately on the section line between secs. 32 and 33, T. 35 N., R. 7 E., Boise meridian, on the hydrographic divide between the Lolo Creek drainage on the west and the Lochsa River drainage on the east, where the hydrographic divide between the Fish Creek drainage on the north and the Canyon Creek drainage on the south intersect said hydrographic divide; thence easterly along the hydrographic divide between the Fish Creek drainage on the north and the Canyon Creek, Deadman Creek, and Bimerick Creek drainages on the south to McLendon Butte, passing over Frenchman and Middle Buttes; thence…

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FROM THE SELWAY TO THE NEZPERCE NATIONAL FOREST All land lying south and west of the following-described line: Beginning at a point approximately on the section line between secs. 32 and 33, T. 35 N., R. 7 E., Boise meridian, on the hydrographic divide between the Lolo Creek drainage on the west and the Lochsa River drainage on the east, where the hydrographic divide between the Fish Creek drainage on the north and the Canyon Creek drainage on the south intersect said bydrographic divide; thence easterly along the hydrographic divide between the Fish Creek drainage on the north and the Canyon Croek, Deadman Creek, and Bimerick Creek drainages on the south to McLendon Butto, passing over Frenchman and Middle Buttes; thence southeasterly…

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

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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)
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"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.

🛡️ High Constitutional Concordance
23 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

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

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

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 in close harmony with statutory authority and standard Article II supervisory execution.

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
1,624
9,688 characters
Estimated Read Time
8 min
@ 200 words / min
Flesch-Kincaid
24
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

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By virtue of and pursuant to the authority vested in me by the act of June 4, 1897 (30 Stat. 11, 36, title 16, U.S.C., sec. 473), and upon the recommendation of the Secretary of Agriculture, it is ordered that lands within the Selway National Forest, in the State of Idaho, be, and they are hereby, transferred as follows: FROM THE SELWAY TO THE LOLO NATIONAL FOREST All lands lying to the north and east of the following-described line: Beginning at a point on the Montana-Idaho State line at the first angle post on the 295 mile and identified as Blodgett Mountain; thence in a westerly direction along the hydrographic divide between the Big Sand Creek drainage on the north and the Dead Elk Creek drainage on the south to Jeanette Mountain; thence south-westerly down the hydrographic divide just east of Jeanette Creek to the mouth of said creek; thence westerly and southerly down Moose Creek to the mouth of Cedar Creek; thence due west approximately 2 miles to an intersection with Maple Lake Ridge; thence northerly along said ridge to bench mark no. 7565; thence northwesterly along the hydrographic divide at the head of North Fork Moose Creek and tributaries, passing through Chain Meadows to McConnell Mountain; thence along the hydrographic divide at the head of Pedro Creek drainage to Bear Mountain; thence in & northwesterly direction along the hydrographic divide immediately north and east of Kinnikinnick Creek and Sponge Lake Creek, respectively, to the mouth of Sponge Lake Creek; thence down the Lochsa River to the mouth of Indian Grave Creek; thence northwesterly along the hydrographic divide just west of Indian Grave Creek, passing over Grave Butte, to an intersection with the main hydrographic divide between the Lochsa River drainage on the south and North Fork Clearwater River drainage on the north at bench mark no. 6577, which is in approximately sec. 1, unsurveyed T. 36 N., R. 10 E., Boise meridian. FROM THE SELWAY TO THE BITTERROOT NATIONAL FOREST All lands lying south and east of the following-described line: Beginning at a point on the Montana-Idaho State line at the first angle post and the Dead Elk Creek drainage on the south to Jeanette Mountain; thence south-westerly down the hydrographic divide just east of Jeanette Creek to the mouth of said creek; thence westerly and southerly down Moose Creek to the mouth of Cedar Creek; thence due west approximately 2 miles to an intersection with Maple Lake Ridge; thence northerly along said ridge to bench mark no. 7565; thence northwest along the hydrographic divide at the head of Isaac Creek drainage to the saddle or pass at the head of North Fork Moose Creek in approximately sec. 27, unsurveyed T. 35 N., R. 13 E., Boise meridian; thence southwesterly down the North Fork Moose Creek to the mouth of Rhoda Creek; thence westerly up Rhoda Creek to the mouth of Wounded Doe Creek; thence southerly in a direct line to Big Rock Mountain; thence southerly along the hydrographic divide just east of the Three Link Creek drainage which includes Saddle Fork to the mouth of Three Link Creek; thence up the Selway River to the mouth of Martin Creek; thence southeasterly up the hydrographic divide just east of Martin Creek to an intersection with Moose Ridge at a point approximately on the unsurveyed section line between secs. 3 and 4 of unsurveyed T. 31 N., R. 12 E., Boise meridian; thence southwesterly along said ridge and easterly along the hydrographic divide at the head of Ditch Creek to Wylies Peak; thence southerly in a direct line to the mouth of the North Fork of Goat Creek; thence easterly down Goat Creek to the mouth of Box Car Creek; thence south-easterly in a direct line to Archer Mountain; thence southeasterly in a direct line to the mouth of Grouse Creek; thence S. 45° E. to an intersection with Parachute Ridge, which ridge is the hydrographic divide between Eagle Creek on the east and Running Creek on the west; thence southwesterly along Parachute Ridge and Three Prong Ridge to an intersection with the hydrographic divide between tributaries of Running Creek and Eagle Creek on the north and Bargamin Creok and Little Clearwater River on the south. FROM THE SELWAY TO THE CLEARWATER NATIONAL FOREST All lands lying to the north and west of the following-described line: Beginning at a point approximately on the section line between secs. 32 and 33, T. 35 N., R. 7 E., Boise meridian, on the hydrographic divide between the Lolo Creek drainage on the west and the Lochsa River drainage on the east, where the hydrographic divide between the Fish Creek drainage on the north and the Canyon Creek drainage on the south intersect said hydrographic divide; thence easterly along the hydrographic divide between the Fish Creek drainage on the north and the Canyon Creek, Deadman Creek, and Bimerick Creek drainages on the south to McLendon Butte, passing over Frenchman and Middle Buttes; thence southeasterly down the hydrographic divide just south of Snowshoe Creek to the mouth of said creek; thence southeasterly in a direct line to Huckleberry Butte; thence southeasterly along the hydrographic divide between the Boulder Creek drainage on the north and the Old Man Creek drainage on the south to Stanley Butte; thence southeasterly along the hydrographic divide between the Rhoda Creek drainage on the east and the Old Man Creek drainage on the west to East Peak; thence easterly in a direct line to Lizard Lake; thence down Lizard Creek to its junction with Rhoda Creek; thence down Rhoda Creek to its junction with North Fork Moose Creek; thence up North Fork Moose Creek to an intersection with the hydrographic divide at the head of this drainage in approximately sec. 27 of unsurveyed T. 35 N., R. 13 E., Boise mendian; thence northwesterly along said divide, passing through Chain Meadows to McConnell Mountain; thence along the hydrographic divide at the head of Pedro Creek drainage to Bear Mountain; thence in a general northwesterly direction along the hydrographic divide immediately north and east of Kinnikinnick Creek and Sponge Lake Creek, respectively, to the mouth of Sponge Lake Creek; thence down the Lochsa River to the mouth of Indian Grave Creek; thence northwest along the hydrographic divide just west of Indian Grave Creek, passing over Grave Butte, to an intersection with the main hydrographic divide between the Lochsa River drainage on the south and the North Fork Clearwater River drainage on the north at bench mark no. 6577 in approximately sec. 1 of unsurveyed T. 36 N., R. 10 E., Boise meridian. FROM THE SELWAY TO THE NEZPERCE NATIONAL FOREST All land lying south and west of the following-described line: Beginning at a point approximately on the section line between secs. 32 and 33, T. 35 N., R. 7 E., Boise meridian, on the hydrographic divide between the Lolo Creek drainage on the west and the Lochsa River drainage on the east, where the hydrographic divide between the Fish Creek drainage on the north and the Canyon Creek drainage on the south intersect said bydrographic divide; thence easterly along the hydrographic divide between the Fish Creek drainage on the north and the Canyon Croek, Deadman Creek, and Bimerick Creek drainages on the south to McLendon Butto, passing over Frenchman and Middle Buttes; thence southeasterly down the hydrographic divide just south of Snowshoe Creek to the mouth of said creek; thence southeasterly in a direct line to Huckleberry Butte; thence southeasterly along the hydrographic divide between the Boulder Creek drainage on the north and the Old Man Creek drainage on the south to Stanley Butte; thence south-easterly along the hydrographic divide between the Rhoda Creek drainage on the east and the Old Man Creek drainage on the west to East Peak; thence easterly in a direct line to Lizard Lake; thence down Lizard Creek to its junction with Rhoda Creek; thence down Rhoda Creek to the mouth of Wounded Doe Creek; thence southerly in a direct line to Big Rock Mountain; thence southerly along the hydrographic divide just east of the Three Link Creek drainage which includes Saddle Fork to the mouth of Three Link Creek; thence up the Selway River to the mouth of Martin Creek; thence southeasterly up the hydrographic divide just east of Martin Creek to an intersection with Moose Ridge at a point approximately on unsurveyed section line between secs. 3 and 4 of unsurveyed T. 31 N., R. 12 E., Boise meridian; thence southwesterly along said ridge and easterly along the hydrographic divide at the head of Ditch Creek to Wylies Peak; thence southerly in a direct line to the mouth of North Fork of Goat Creek; thence easterly down Goat Creek to the mouth of Box Car Creek; thence southeasterly in a direct line to Archer Mountain; thence southeasterly in a direct line to the mouth of Grouse Creek; thence S. 45° E. to an intersection with Parachute Ridge, which ridge is the hydrographic divide between Eagle Creek on the east and Running Creek on the west; thence southwesterly along Parachute Ridge and Three Prong Ridge to an intersection with the hydrographic divide between tributaries of Running Creek and Eagle Creek on the north and Bargamin Creek and Little Clearwater River on the south. It is not intended by this order to give any public lands a national-forest status which have hitherto not had such status nor to remove any lands from a national-forest status. The lands above described comprise all of what hitherto has been designated as the Selway National Forest, and the effect of the transfers herein ordered is to discontinue the Selway National Forest as a separate administrative entity. FRANKLIN D. ROOSEVELT The White House, October 29, 1934

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 6889 (Oct. 29, 1934), https://executiveordersarchive.org/orders/app-executive-order-6889-transfer-lands-from-the-selway-national-forest-other-national-forests.