Whereas Executive Order No. 6910, of November 26, 1934, provides in part: "it is ordered that all of the vacant, unreserved and unappropriated public land in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah and Wyoming be, and it hereby is, temporarily withdrawn from settlement, location, sale or entry, and reserved for classification, and pending determination of the most useful purpose to which such land may be put in consideration of the provisions of said act of June 28, 1934, and for conservation and development of natural resources."; And Whereas in the administration of the act of June 8, 1926 (44 Stat. 708), it has been found expedient to permit consummation of exchanges of lands between the United States and the State of Nevada, as a basis for which exchanges, deeds of reconveyance of certain lands from the State of Nevada have been accepted pursuant to the provisions of said act of June 8, 1926: Now, Therefore , by virtue of and pursuant to the authority vested in me by the act of June 25, 1910 (ch. 421, 36 Stat. 847), aa amended by the act of August 24, 1912 (ch. 369, 37 Stat. 497), and by the said act of June 28, 1934, the said Executive Order No. 6910, of November 26, 1934, is hereby amended so as to permit the State of Nevada to make selection of the following-described public lands in the said State and to permit the Secretary of the Interior to patent the said lands to the State of Nevada in accordance with the provisions of said act of June 8, 1926: MOUNT DIABLO MERIDIAN T.4 S., R.63 E., sec. 19, E ½ NW ¼, W ½ NE ¼, SE ¼, NE ¼. T.5 S., R.71 E., sec. 16, SW ¼ SW ¼; sec. 17, E ½; sec. 21, N ½ NW ¼, SE ¼ NW ¼, NE ¼ SW ¼, SW ¼ NE ¼, W ½ SE ¼, and lots 2 and 3; embracing 918.62 acres. FRANKLIN D. ROOSEVELT The White House, July 12, 1935.
Executive Order 7098—Amendment of Executive Order No. 6910, of November 26, 1934, Withdrawing Public Lands in Certain States
Executive Brief • At a Glance
The said Executive Order No. 6910, of November 26, 1934, is hereby amended so as to permit the State of Nevada to make selection of the following-described public lands in the said State and to permit the Secretary of the Interior to patent the said lands to the State of Nevada in accordance with the provisions of said act of June 8, 1926: MOUNT DIABLO MERIDIAN T.4 S., R.63 E., sec. 19, E ½ NW ¼, W ½ NE ¼, SE ¼, NE ¼.
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 July 12, 1935, this order concerns Amendment of Executive Order No. 6910, of November 26, 1934, Withdrawing Public Lands in Certain States. The said Executive Order No. 6910, of November 26, 1934, is hereby amended so as to permit the State of Nevada to make selection of the following-described public lands in the said State and to permit the Secretary of the Interior to patent the said lands to the State of Nevada in accordance with the provisions of said act of June 8, 1926: MOUNT DIABLO MERIDIAN T.4 S., R.63 E., sec. 19, E ½ NW ¼, W ½ NE ¼, SE ¼, NE…
Key Directives & Operative Actions
The said Executive Order No. 6910, of November 26, 1934, is hereby amended so as to permit the State of Nevada to make selection of the following-described public lands in the said State and to permit the Secretary of the Interior to patent the said lands to the State of Nevada in accordance with the provisions of said act of June 8, 1926: MOUNT DIABLO MERIDIAN T.4 S., R.63 E., sec. 19, E ½ NW ¼, W ½ NE ¼, SE ¼, NE ¼.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 7098 (July 12, 1935), https://executiveordersarchive.org/orders/app-executive-order-7098-amendment-executive-order-no-6910-november-26-1934-withdrawing-public.