ARKANSAS 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, consisting of 110,000 acres, more or less, acquired or to be acquired by the United States, in Arkansas, Desha, Monroe, and Phillips Counties, Arkansas, 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 wildlife: Provided , That any private lands within the areas described shall become a part of the refuge hereby established upon the acquisition of title or lease thereto by the United States: FIFTH PRINCIPAL MERIDIAN T. 4 S., R. 1 E., sec. 19, W½; sec. 30, W½; sec. 31, SW¼SW¼. T. 5 S., R. 1 E., sec. 6, lots 2, 3, and 4 in NW¼; secs. 30 and 31. T. 6 S., R. 1 E., sec. 6, all. T. 7 S., R. 1 E., sec. 7, W½W½. T. 3 S., R. 1 W., sec. 8, all; sec. 9, W½; sec. 15, W½ and all SE¼ lying southwest of survey 2383; secs. 16 and 17; sec. 18, NE¼, all west of the White River, and SE¼ east of the White River; sec. 19, all east and west of the White River; secs. 20, 21, and 22; sec. 23, W½; sec. 26, W½NE¼, W½, and W½SE¼; sec. 27, all; secs. 28 and 29, all east and west of the White River; sec. 30, all east of the White River, and fractional NE¼, N½NW¼, and N½SE¼, all west of the White River; sec. 32, fractional NE¼ west of the White River, and all east of the White River; sec. 33, all east and west of the White River; sec. 34, all; sec. 35, W½NE¼, W½, and SE¼; sec. 36, fractional SW¼SW¼. T. 4 S., R. 1 W., sec. 1, all southwest of surveys 2328 and 2345; sec. 2, all; sec. 3, all east and west of the White River; sec. 4, all east of the White River, and fractional SE¼SE¼ west of the White River; sec. 5, all east of the White River; sec. 9, fractional NE¼NE¼ east of the White River and fractional E½ west of the White River; sec. 10, all east and west of the White River; secs. 11, 12, and 13; secs. 14 and 15, all north and south of the White River; sec. 21, fractional S½SE¼ northwest of the Chute and fractional S½S½ south of the Chute; secs. 22 and 23, all north and south of the Chute; sec. 24, all north and south of the White River; sec. 25, all; sec. 26, all east and south of the Chute; sec. 27, all north, east, and south of the Chute; sec. 28, all east of the Chute, and fractional NE¼ and N½SE¼ west and south of the Chute; secs. 34 and 35, all east and west of the Chute; sec. 36, all; survey numbers 2328 and 2345, all southwest of Indian Bay. T. 5 S., R. 1 W., secs. 1, 2, and 3; sec. 4, all east of the Chute and fractional E½NE¼ west of the Chute; secs. 10 to 15, inclusive; sec. 16, E½; sec. 20, E½; secs. 21 to 29, inclusive; secs. 31 to 36, inclusive. T. 6 S., R. 1 W., all. T. 7 S., R. 1 W., secs. 1 to 12, inclusive; secs. 14 to 23, inclusive; secs. 26 to 35, inclusive. T. 8 S., R. 1 W., secs. 5 to 8, inclusive; secs. 17 to 20, inclusive; secs. 29 and 30; sec. 31, all east of the Arkansas River; sec. 32, all, T. 3 S., R. 2 W., secs. 11 and 12, all south of the White River; sec. 13, all west of the White River; secs. 14 and 23; sec. 24, all east and west of the White River; sec. 25, fractional NE¼NE¼ east of the White River. T. 6 S., R. 2 W., secs. 1 and 2; sec. 11, N½; sec. 12, all; sec. 13, N½, fractional S½SW¼, NE¼SE¼, and S½SE¼; sec. 24, E½. T. 7 S., R. 2 W., secs. 1 and 2; secs. 11 to 14, inclusive; secs. 22 to 27, inclusive; secs. 34, 35, and 36. T. 8 S., R. 2 W., sec. 1, all. This refuge shall be known as the White River Migratory Waterfowl Refuge. FRANKLIN D. ROOSEVELT The White House, September 4, 1935.
Executive Order 7173—Establishing White River Migratory Waterfowl Refuge
Executive Brief • At a Glance
The following-described lands, consisting of 110,000 acres, more or less, acquired or to be acquired by the United States, in Arkansas, Desha, Monroe, and Phillips Counties, Arkansas, 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 wildlife: Provided , That any private lands within the areas described shall become a part of the refuge hereby established upon the acquisition of title or lease thereto by the United States: FIFTH PRINCIPAL MERIDIAN T. 4 S., R. 1 E., sec. 19, W½; sec. 30, W½; sec. 31, SW¼SW¼.
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 September 4, 1935, this order concerns Establishing White River Migratory Waterfowl Refuge. The following-described lands, consisting of 110,000 acres, more or less, acquired or to be acquired by the United States, in Arkansas, Desha, Monroe, and Phillips Counties, Arkansas, 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 wildlife: Provided , That any private lands…
Key Directives & Operative Actions
The following-described lands, consisting of 110,000 acres, more or less, acquired or to be acquired by the United States, in Arkansas, Desha, Monroe, and Phillips Counties, Arkansas, 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 wildlife: Provided , That any private lands within the areas described shall become a part of the refuge hereby established upon the acquisition of title or lease thereto by the United States: FIFTH PRINCIPAL MERIDIAN T. 4 S., R. 1 E., sec. 19, W½; sec. 30, W½; sec. 31, SW¼SW¼.
This refuge shall be known as the White River Migratory Waterfowl Refuge.
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 in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
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 president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
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
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 7173 (Sept. 4, 1935), https://executiveordersarchive.org/orders/app-executive-order-7173-establishing-white-river-migratory-waterfowl-refuge.