By virtue of and pursuant to the authority vested in me as President of the United States and by the act of June 25, 1910, ch. 421, 36 Stat. 847, as amended by the act of August 24, 1912, ch. 369, 37 Stat. 497, it is ordered as follows:
Section 1. #sec-1
Executive Order No. 7178 of September 6, 1935, which reserved and set apart certain lands in Oregon and Nevada as the Hart Mountain Game Range, is hereby revoked as to the following-described lands in Nevada: MOUNT DIABLO MERIDIAN T. 45 N., R. 22 E., secs. 1, 2, and 3; secs. 10 to 15, inclusive; and secs. 19 to 36, inclusive. T. 46 N., R. 22 E., secs. 1 to 18, inclusive; secs. 22 to 27, inclusive; and secs. 34, 35, and 36. T. 47 N., R. 22 E., all. Tps. 43 to 47 N., inclusive, R. 23 E., all. Tps. 46 and 47 N., R. 23 1/2 E., unsurveyed, all. Tps. 43 to 45 1/2 N., inclusive, R. 24 E., all. Tps. 46 and 47 N., R. 24 E., partly unsurveyed, all. Tps. 43 and 44 N., R. 24 1/2 E., all. Tps. 43 to 47 N., inclusive, Rs. 25 and 26 E., partly unsurveyed, all. Tps. 46 and 47 N., R. 27 E., partly unsurveyed, all. T. 46 N., R. 28 E., secs. 5 to 8, inclusive; secs. 17 to 20, inclusive; and secs. 29 to 32, inclusive. T. 47 N., R. 28 E., secs. 19 and 20, and secs. 29 to 32, inclusive, unsurveyed; aggregating approximately 539,000 acres.
Section 2. #sec-2
Subject to the conditions expressed in the above-mentioned acts and to all existing valid rights, the lands described in section 1 of this order are hereby withdrawn from settlement, location, sale, or entry and reserved and set apart for the conservation and development of natural wildlife resources and for the protection and improvement of public grazing lands and natural forage resources: Provided , That nothing herein contained shall restrict prospecting, locating, developing, mining, entering, leasing, or patenting the mineral resources of the lands under the applicable laws: Provided further , That any lands within the described area that are otherwise withdrawn or reserved will be affected hereby only so far as may be consistent with the uses and purposes for which such prior withdrawal or reservation was made: And provided further , That upon the termination of any private right to, or appropriation of, any public lands within the exterior limits of the area included in this order, or upon the revocation of prior withdrawals unless expressly otherwise provided in the order of revocation, the lands involved shall become a part of this preserve.
Section 3. #sec-3
This range or preserve, so far as it relates to conservation and development of wildlife, shall be under the joint jurisdiction of the Secretaries of the Interior and Agriculture, and they shall have power jointly to make such rules and regulations for its protection, administration, regulation, and improvement, and for the removal and disposition of surplus game animals, as they may deem necessary to accomplish its purposes, and the range or preserve, being within a grazing district duly established pursuant to the provisions of the act of June 28, 1934, ch. 865, 48 Stat. 1269, as amended by the act of June 26, 1936, Public No. 827, 74th Congress, shall be under the exclusive jurisdiction of the Secretary of the Interior so far as it relates to the public grazing lands and natural forage resources thereof: Provided, however , That the natural forage resources therein shall be first utilized for the purpose of sustaining in a healthy condition a maximum of three thousand five hundred (3,500) antelope, the primary species, and such nonpredatory secondary species in such numbers as may be necessary to maintain a balanced wildlife population, but in no case shall the consumption of forage by the combined population of the wildlife species be allowed to increase the burden of the range dedicated to the primary species: Provided further , That all the forage resources within this range or preserve shall be available, except as herein otherwise provided with respect to wildlife, for domestic livestock under rules and regulations promulgated by the Secretary of the Interior under the authority of the aforesaid act of June 28, 1934, as amended: And provided further, That land within the exterior limits of the area herein described, acquired and to be acquired by the United States for the use of the Department of Agriculture for conservation of migratory birds and other wildlife, shall be and remain under the exclusive administration of the Secretary of Agriculture and may be utilized for public grazing purposes only to such extent as may be determined by the said Secretary to be compatible with the utilization of said lands for the purposes for which they were acquired as aforesaid under regulations prescribed by him .
Section 4. #sec-4
This preserve shall be known as the Charles Sheldon Antelope Range. FRANKLIN D ROOSEVELT
THE WHITE HOUSE, #signature
December 21, 1936.
