Whereas certain lands in the Virgin Islands, hereinafter more particularly described by reference to plat marked "Exhibit A" and attached hereto and made a part hereof, have been acquired by the United States under the Second Deficiency Act, Fiscal Year 1931 (46 Stat. 1552, 1570), which provides, in part, that certain funds therein appropriated— " * * * may be expended under such regulations as may be prescribed by the Governor of the Virgin Islands and approved by the President: (1) For the acquisition, by purchase, condemnation, or otherwise, of land and the construction of buildings for use in administering the affairs of the islands or promoting their welfare; (2) for the purchase of land for sale as homesteads to citizens of the Virgin Islands; (3) for cooperation with the Department of Agriculture in the experimental cultivation of such lands; and (4) for loans for the construction of buildings, purchase of farming implements and equipment, and for other expenses incident to the cultivation of said lands;" Whereas the said lands are now under the jurisdiction and control of the Secretary of the Interior by virtue of Executive Order No. 5566, of February 27, 1931, issued pursuant to the act of March 3, 1917, ch. 171, 39 Stat. 1132; Whereas it appears that it would be in the public interest and would promote the welfare of the Virgin Islands to transfer the said lands to the control and jurisdiction of the Secretary of the Navy for the hereinafter-stated purposes; and Whereas the said lands are no longer needed for other purposes, except as hereinafter indicated: Now, Therefore , by virtue of and pursuant to the authority vested in me by the said act of March 3, 1917, and the said Second Deficiency Act, Fiscal Year 1931, and as President of the United States, it is ordered that all the lands designated on the plat marked "Exhibit A" attached hereto and made a part hereof, the exact boundaries of which are to be determined hereafter by survey to be approved by the Secretary of the Interior, be, and they are hereby, subject to valid existing rights, transferred from the control and jurisdiction of the Secretary of the Interior to the control and jurisdiction of the Secretary of the Navy for use in the establishment, construction, and operation of aviation facilities. There are hereby excepted from the operation of this transfer (1) the east beach and bath house fronting on Lindbergh Bay, and (2) the existing golf house and its connected recreational facilities, these areas to be described more particularly hereafter by survey to be approved by the Secretary of the Interior. The use of these excepted areas during seaplane operations shall be governed by such regulations as may be issued by the officer of the Navy Department charged by the Secretary of the Navy with the establishment, control, and operation of aviation facilities in the Virgin Islands. FRANKLIN D. ROOSEVELT The White House, February 21, 1936.
Executive Order 7302—Transferring Certain Lands to the Control and Jurisdiction of the Secretary of the Navy, Virgin Islands
Executive Brief • At a Glance
All the lands designated on the plat marked "Exhibit A" attached hereto and made a part hereof, the exact boundaries of which are to be determined hereafter by survey to be approved by the Secretary of the Interior, be, and they are hereby, subject to valid existing rights, transferred from the control and jurisdiction of the Secretary of the Interior to the control and jurisdiction of the Secretary of the Navy for use in the establishment, construction, and operation of aviation facilities.
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 February 21, 1936, this order concerns Transferring Certain Lands to the Control and Jurisdiction of the Secretary of the Navy, Virgin Islands. All the lands designated on the plat marked "Exhibit A" attached hereto and made a part hereof, the exact boundaries of which are to be determined hereafter by survey to be approved by the Secretary of the Interior, be, and they are hereby, subject to valid existing rights, transferred from the control and jurisdiction of the Secretary of the Interior to the control and jurisdiction of the Secretary of the Navy for…
Key Directives & Operative Actions
All the lands designated on the plat marked "Exhibit A" attached hereto and made a part hereof, the exact boundaries of which are to be determined hereafter by survey to be approved by the Secretary of the Interior, be, and they are hereby, subject to valid existing rights, transferred from the control and jurisdiction of the Secretary of the Interior to the control and jurisdiction of the Secretary of the Navy for use in the establishment, construction, and operation of aviation facilities.
There are hereby excepted from the operation of this transfer (1) the east beach and bath house fronting on Lindbergh Bay, and (2) the existing golf house and its connected recreational facilities, these areas to be described more particularly hereafter by survey to be approved by the Secretary of the Interior.
The use of these excepted areas during seaplane operations shall be governed by such regulations as may be issued by the officer of the Navy Department charged by the Secretary of the Navy with the establishment, control, and operation of aviation facilities in the Virgin Islands.
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
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
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 within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (6)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 7302 (Feb. 21, 1936), https://executiveordersarchive.org/orders/app-executive-order-7302-transferring-certain-lands-the-control-and-jurisdiction-the-secretary.