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Executive Order 7106 Constitutional Neutral (+0.02)

Executive Order 7106—Establishing the Malheur Migratory Bird Refuge

Franklin D. Roosevelt Franklin D. Roosevelt
•
Friday, July 19, 1935
•
9 min read (1,855 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 Franklin D. Roosevelt on 1935-07-19, establishes federal administrative policy concerning "Establishing the Malheur Migratory Bird Refuge." 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

▪ 1222), it is ordered that the following-described lands in Harney County, Oregon, consisting of 66,717 acres, more or less, be, and they are hereby, reserved and set apart for the use of the Department of Agriculture, subject to valid existing rights, as a refuge and breeding ground for migratory birds and other wild life: WILLAMETTE MERIDIAN T.
▪ All persons are hereby informed that sections 52, 53 (as amended), and 84 (as amended) of the Criminal Code of the United States (secs.
▪ This refuge shall be known as the Malheur National Wildlife Refuge.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants
Total Words
1,855
8,709 characters
Estimated Read Time
9 min
@ 200 words / min
Flesch-Kincaid
2.2
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 7106, Franklin D. Roosevelt (Jul 19, 1935). Available at https://executiveordersarchive.org/orders/app-executive-order-7106-establishing-the-malheur-migratory-bird-refuge.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
OREGON By virtue of and pursuant to the authority vested in me as President of the United States, and in order to effectuate further the purposes of the Migratory Bird Conservation Act (45 Stat. 1222), it is ordered that the following-described lands in Harney County, Oregon, consisting of 66,717 acres, more or less, be, and they are hereby, reserved and set apart for the use of the Department of Agriculture, subject to valid existing rights, as a refuge and breeding ground for migratory birds and other wild life: WILLAMETTE MERIDIAN T. 27 S., R. 30 E., sec. 25, SE¼ NE¼ and SE¼; sec. 36, NE¼. T. 30 S., R. 30 E, sec. 9, NE¼ SE¼; sec, 10, NW¼ NW¼ and SE¼ NW¼; sec. 35, SE¼ SW¼ and S½ SE¼. T. 26 S., R. 31 E., (south of Lake Malheur) sec. 32, lots 2 to 6, inclusive; sec. 34, lots 1 and 4, and SW¼ SW¼; sec. 35, lots 1 to 4, inclusive, and S½ SE¼. T. 27 S., R. 31 E., sec. 2, lots 3 and 4, SW¼ NW¼, and W½ SW¼; secs. 3 and 4; sec. 8, S½ SE¼; secs. 9 and 10; sec. 11, W½ W½; sec. 14, W½ W½; sec. 15, N½; sec. 16, all; sec. 17, NE¼, NE¼ NW¼, S½ NW¼, and S½; sec. 18, SE¼ SE¼; secs. 19 to 22, inclusive; sec. 25, NW¼ NW¼, S½ NW¼, and SW¼; sec. 26, W½; secs 27 to 34, inclusive; sec. 35, NW¼ and W½ SW¼. T. 28, S., R. 31 E., sec. 5, lots 1 to 4, inclusive, S½ N½, SW¼, and W½ SE¼; secs. 4 and 5; sec. 6, lots 1 to 5, inclusive, S½ NE¼, SE¼ NW¼, and E½ SE¼; sec. 7, E½ E½; secs. 8 and 9; sec. 10, NW¼ NE¼, and W½; sec. 15, W½; secs. 16 and 17; sec. 18, E½ E½; sec. 19, E½ NE¼ and NE¼ SE¼; sec. 20, all; sec. 21, all; sec. 22, NW¼ NE¼, S½ NE¼, W½, and SE¼; sec. 23, SW¼ NW¼ and SW¼; sec. 25, SW¼ NE¼, W½ NW¼, SE¼ NW¼, SW¼, W½ SE¼, and SE¼ SE¼; secs. 26 to 28, inclusive; sec. 29, NE¼, N½ NW¼, and SE¼; sec. 32, E½ NE¼; sec. 33, N½, NE¼ SW¼, and SE¼; secs. 34 and 35; sec. 36, NE¼ NE¼, W½ NE¼, W½, and W½ SE¼. T. 29 S., R. 31 E., sec. 1, lots 2, 3, and 4, SW¼ NE¼, S½ NW¼, and SW¼; sec. 2, all; sec. 3, lots 1 to 4, inclusive, S½ N½, N½ SW¼, SE¼ SW¼, and SE¼; sec. 4, lot 1 and SE¼ NE¼; sec. 10, NE¼, S½ NW¼, NE¼ SW¼, and SE¼; sec. 11, all; sec. 12, S½ NE¼, W½, and SE¼; secs. 13 and 14; sec. 15, NE¼, N½ SE¼, and SE¼ SE¼; sec. 23, NE¼, N½ NW¼, SE¼ NW¼, and SE¼; sec. 24, NE¼ NE¼, SW¼ NW¼, SW¼, and SW¼ SE¼; sec. 25, NW¼; sec. 26, NE¼ NE¼, S½ NE¼, SE¼ SW¼, NE¼ SE¼, and W½ SE¼; sec. 34, S½ SE¼; sec. 35, NW¼ NE¼, E½ NW¼, and SW¼. T. 30 S., R. 31 E., sec. 5, lots 2 and 3, SW¼ NE¼, SE¼ NW¼, NE¼ SW¼, S½ SW¼, N½ SE¼, and SW¼ SE¼; sec. 4, SW¼ SW¼; sec. 9, NW¼ NW¼; sec. 10, NE¼, E½ W½, and SE¼; sec. 11, W½; sec. 13, S½ NW¼, SW¼, W½ SE¼, and SE¼ SE¼; sec. 14, NE¼, N½ NW¼, and SE¼; sec. 15, W½ NE¼, E½ W½, and W½ SE¼; sec. 22, NE¼, NE¼ NW¼, S½ NW¼, and S½; sec. 23, SW¼ SW¼; sec. 24, NE¼ and N½ NW¼; sec. 26, W½ NW¼; sec. 27, all; sec. 28, SE¼ NE¼ and SE¼; sec. 35, N½ NE¼, SE¼ NE¼, and SE¼; sec. 34, all; sec. 35, S½ NW¼. T. 29 S., R. 32 E., sec. 7, lots 3 and 4, SW¼ NE¼, E½ SW¼, and SE¼; sec. 8, W½ SW¼ and SE¼ SW¼; sec. 15, SW¼ and SW¼ SE¼; sec. 16, W½ NE¼, W½, and SE¼; sec. 17, W½ NE¼, SE¼ NE¼, W½, and SE¼; sec. 18, all; sec. 19, lots 1 and 2, NE¼, E½ NW¼, NE¼ SW¼, and SE¼; sec. 20, N½, SW¼, N½ SE¼, and SW¼ SE¼; sec. 21, N½ and N½ S½; sec. 22, W½ NW¼, N½ SW¼, SE¼ SW¼, and W½ SE¼; sec. 29, NW¼ NE¼ and N½ NW¼; T. 30, S., R. 32 E.,sec. 14, S½ SW¼; sec. 15, N½ SW¼, SE¼ SW¼, and SE¼; sec. 18, lot 4; sec. 19, lots 1 and 2, W½ NE¼, SE¼ NE¼, E½ NW¼, and N½ SE¼; sec. 20, NW¼ SW¼ and S½ S½; sec. 23, NW¼ NE¼ and SE¼ NE¼; sec. 24, S½ N½ and W½ SW¼; sec. 25, W½ W½; sec. 27, S½ SW¼ and SW¼ SE¼; sec. 28, NW¼ NW¼, SE¼ NW¼, NW¼ SE¼, and SE¼ SE¼; sec. 29, NW¼ NW¼ and SE¼ SW¼; sec. 32, SW¼ NE¼, NE¼ NW¼, and E½ SE¼; sec, 33, E½ NE¼, S½ SW¼, NE¼ SE¼, and S½ SE¼; sec. 34, N½ NE¼, SE¼ NE¼, NW¼ NW¼, S½ SW¼, NE¼ SE¼, and S½ SE¼; sec. 35, S½ SW¼, NE¼ SE¼, and S½ SE¼; sec. 36, W½ NW¼ and NW¼ SW¼. T. 31 S., R. 32 E, sec. 3, lot 2 and SE¼ SE¼; sec. 5, lot 2 and SW¼ SE¼; sec. 8, N½ NE¼ and SE¼ NE¼; sec. 9, SW¼ NE¼, S½ NW¼, NW¼ SW¼, and NW¼ SE¼; sec 12, E½ E½; sec. 13, E½; sec. 19, lot 4, SE¼ SW¼, and S½ SE¼; sec. 21, NW¼ NE¼ and NE¼ SE¼; sec. 22, lot 4 and SW¼ SE¼; sec. 24, NE¼, E½ NW¼, NE¼ SW¼, S½ SW¼, and SE¼; sec. 25, all; sec. 26, lots 1 to 4, inclusive; sec. 27, SW¼ NE¼ and W½ SE¼; sec. 34, W½ NE¼, NW¼ SE¼, and SE¼ SE¼; sec. 35, lots 1 to 4, inclusive, SW¼ NE¼, S½ SW¼, and W½ SE¼; sec. 36, all. T. 32 S., R. 32 E, sec, 1, all; sec. 2, lots 1 and 2, S½ NE¼, and NE¼ SE¼; sec. 8, SE¼ SW¼, W½ SE¼, and SE¼ SE¼; sec. 9, SW¼ SW¼; sec. 11, NW¼ NE¼ and SE¼ NE¼; sec. 12, NE¼, N½ NW¼, and N½ SE¼. T. 31 S., R. 32½ E.,sec. 1, lots 1 and 2, and SE¼; sec. 5, lots 1, 3, and 4, NW¼ SW¼, and S½ SW¼; sec. 6, lots 1 to 6, inclusive, E½ SW¼, and SE¼; sec. 7, all; sec. 8, W½ and S½ SE¼; sec. 12, N½ NE¼, SE¼ NE¼, and E½ SE¼; sec. 13, NE¼ NE¼, S½ NE¼, NW¼ NW¼, SE¼ NW¼, E½ SE¼; sec. 16, NW¼ NE¼, SE¼ NE¼, NE¼ NW¼, and W½ W½; secs.17 to 20, inclusive; sec. 21, W½, W½ SE¼, and SE¼ SE¼; sec. 24, E½ E½; sec. 25, E½ NE¼, SW¼ SW¼, and E½ SE¼; sec. 26, SE¼ SW¼ and S½ SE¼; sec. 28, W½ NE¼; and W½; secs. 29 to 32, inclusive; sec. 33, NW¼, N½ SW¼, SW¼ SW¼, NW¼ SE¼; sec. 36, E½ E½. T. 32 S., R. 32½ E., sec. 1, lot 1, SE¼ NE¼ and E½ SE¼; sec. 4, lot 4, SW¼ NW¼, and N½ SW¼; sec. 5, lots 1 to 4, inclusive, SW¼ NE¼, S½ NW¼, SW¼, and W½ SE¼; sec. 6, all; sec. 7, lots 1, 2, and 3, NE¼, N½ NW¼, NE¼ SW¼, and N½ SE¼; sec. 8, NW¼ NE¼, NE¼ NW¼, and W½ W½; sec. 10, SW¼ NE¼, NE¼ SW¼, and SW¼ SW¼; sec. 13, N½ N½. T. 28 S., R. 33 E, sec. 26, W½ NE¼. T. 31 S., R. 33 E., sec, 18, SE¼; sec. 19, NE¼ NE¼; sec. 20, NW¼ NE¼, S½ NE¼, NW¼, NE¼ SW¼, N½ SE¼, and SW¼ SW¼. T. 30½ S., R. 34 E., sec, 28, SW¼ and W½ SE¼; sec. 29, SE¼; sec, 32, N½ NE¼; sec. 33, NW¼ NE¼, N½ NW¼, and SW¼ NW¼. EXCEPTING THEREFROM, however, those parts of sec, 2, T. 32 S., R. 32 E., Willamette meridian, comprising the townsite of Frenchglen, particularly described as follows, to wit: (1) Beginning at a point on the east line of the street through Frenchglen, Oregon, which is S. 89°10' E., 156.53 ft. from the sixteenth corner on the north line of the southeast quarter of sec. 2, T. 32 S., R. 32 E., and from such point S. 12°57' E., a distance of 4.5 ft., such point being the place of beginning. (Said sixteenth corner in marked by a half Ford axle housing, small end up, buried 6 in. underground, and is midway between the center of said sec. 2, marked by a 1½-in, by 30-in. pipe, and the quarter-section corner on the east line of said sec. 2, also marked by a 1½-in. by 30-in, pipe; and the center of the street above described on said line is marked by a steel shaft 7/8 in. by 30 in., with an "X" on the top, set 6 in, beneath the surface, S. 89°10' E., a distance of 85.34 ft, from said sixteenth corner, these four monuments in line marking the course 89°10' so determined.) Thence from said initial point, by metes and bounds, S. 12°57' E., 320 ft.; N. 77°03' E., 200 ft.; N. 12°57' W., 720 ft.; S. 77°03' W., 200 ft.; S. 12°57' E.., 400 ft.; to the point of beginning, (2) A tract on the west side of the street through Frenchglen, Oregon, known as the Bradeen tract and described as follows: Beginning at a point on the west line of the street through Frenchglen, Oregon, from which the center-east sixteenth corner of sec. 2, T. 32 S., R. 32 E., Willamette meridian, bears N. 19°54'55" W., 353.74 ft. distant. Thence from said initial point, S. 77°05' W., 124.9 ft.; N. 00°52' E., 72.0 ft'; N. 77°05' E., 108.6 ft'; S. 12°57', E., 70.0 ft. to the place of beginning. It is unlawful within this reservation (a) to hunt, trap, capture, willfully disturb, or kill any wild animal or bird of any kind whatever, to take or destroy the nests or eggs of any wild bird, to occupy or use any part of the reservation, or to enter thereon for any purpose, except under such rules and regulations as may be prescribed by the Secretary of Agriculture; (b) to cut, burn, or destroy any timber, underbrush, grass, or other natural growth; (c) willfully to leave fire or to suffer it to burn unattended near any forest, timber, or other inflammable material; (d) after building a fire in or near any forest, timber, on other inflammable material, to leave it without totally extinguishing it; and (e) willfully to injure, molest, or destroy any property of the United States. All persons are hereby informed that sections 52, 53 (as amended), and 84 (as amended) of the Criminal Code of the United States (secs. 106, 107, 145, title 16, U.S.C.), and section 14 of the Migratory Bird Conservation Act of February 18, 1929 (sec. 715m, title 16, U.S.C.), prescribe penalties for the commission of the offenses enumerated in the preceding paragraph. This refuge shall be known as the Malheur National Wildlife Refuge. FRANKLIN D. ROOSEVELT The White House, July 19, 1935.