NEW MEXICO Whereas certain lands, together with the improvements thereon, largely contiguous or in close proximity to existing Indian Reservations, in the State of New Mexico, have been or are in the process of being, acquired in connection with the projects hereinafter designated, under authority of Title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115), and section 55 of Title I of the act of August 24, 1935, 49 Stat. 750, 781; and Whereas it appears that the transfer of jurisdiction over such lands from the Secretary of Agriculture to the Secretary of the Interior for administrative purposes would be in the public interest: Now, Therefore , by virtue of and pursuant to the authority vested in me under the aforesaid National Industrial Recovery Act, the Emergency Relief Appropriation Act of 1935, and the act of August 24, 1935, it is hereby ordered that jurisdiction over the hereinafter-described lands, together with the improvements thereon, acquired or in the process of acquisition by the United States in connection with the hereinafter-designated projects, be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior: Provided, however , that the Secretary of Agriculture shall retain such jurisdiction over the lands now in process of acquisition by the United States as may be necessary to enable him to complete the purchase of such lands; and the Secretary of the Interior is hereby authorized (1) to administer, through the Commissioner of Indian Affairs, such lands for the uses for which they were, or are in the process of being, acquired, and, insofar as consistent with such uses, for the benefit of such Indians as he may designate, (2) in connection with the administration of such lands to exercise all powers and functions, insofar as they may relate to these lands, conferred upon the Secretary of Agriculture by Executive Order No. 7530 of December 31, 1936, and Executive Order No. 7557 of February 19, 1937, and (3) to prescribe such rules and regulations as may be necessary to carry out the purposes of this order: ZIA-SANTA ANA PROJECT, LI-NM 6 SANDOVAL COUNTY, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 14 N., R. 1 E., Secs. 1, 3, 11, 13, 15, 23, 25, 27 and 35; T. 15 N., R. 1 E., Sec. 1, lots 1 to 4, inclusive, and that part lying within the San Ysidro Land Grant; Sec. 2, lots 1 and 2, and that part lying within the San Ysidro Land Grant; Sec. 3, lots 1 to 4, inclusive, and that part lying within the San Ysidro Land Grant; Secs. 4 and 5, those parts lying within the San Ysidro Land Grant; Sec. 11, all; Sec. 12, N ½ NE ¼, SE ¼ NE ¼, and N ½ NW ¼; Sec. 13, NW ¼, SW ¼, and SE ¼; Secs. 15 and 23, all; Sec. 24, NE ¼ NW ¼, SW ¼, and N ½ SE ¼; Secs. 25, 27, and 35, all; T. 16 N., R. 1 E., Secs. 31 to 36, inclusive, those parts lying within the San Ysidro Land Grant; T. 14 N., R. 2 E., Sec. 3, lots 9 to 12, inclusive, S ½ SW ¼, and S ½ SE ¼; Sec. 5, lots 9 to 12, inclusive, S ½ SW ¼, and S ½ SE ¼; Sec. 7, lots 1 to 4, inclusive, NE ¼, E ½ NW ¼, E ½ SW ¼, and SE ¼; Sec. 9, all; Sec. 11, W ½ NE ¼, NW ¼, SW ¼, and W ½ SE ¼; Sec. 23, W ½ NE ¼, NW ¼, SW ¼, and W ½ SE ¼; Secs. 27, 29, 31 and 33, all; Sec. 35, lots 2 to 4, inclusive, W ½ NE ¼, NW ¼, N ½ SW ¼, and NW ¼ SE ¼; T. 15 N., R. 2 E., Secs. 1 and 2, those parts lying within the San Ysidro Land Grant; Sec. 3, lots 1 to 4, inclusive, and that part lying within the San Ysidro Land Grant; Sec. 4, that part lying within the San Ysidro Land Grant; Sec. 5, lots 1 to 4, inclusive, and that part lying within the San Ysidro Land Grant; Sec. 6, that part included in Claim No. 4163 F.C.-302, patented May 16, 1934, and that part lying within the San Ysidro Land Grant; Sec. 7, lots 1 and 2, SE ¼, NW ¼, W ½ SW ¼, and that part included in Claim No. 4163 F.C.-302, patented May 16, 1934; Sec. 9, lots 1 to 4, inclusive, N ½ NE ¼, and N ½ NW ¼; Sec. 11, lots 2 to 4, inclusive, NW ¼ NE ¼, and N ½ NW ¼; Sec. 19, lots 1 to 4, inclusive, and SW ¼; Sec. 31, lots 1 to 4, inclusive, NW ¼, and SW ¼; T. 16 N., R. 2 E., Secs. 31 to 36, inclusive, those parts lying within the San Ysidro Land Grant; T. 15 N., R. 3 E., Secs. 1 to 4, inclusive, those parts lying within the Ojo de Borrego Land Grant; Secs. 5 and 6, those parts lying within the San Ysidro Land Grant; Secs. 9 to 12, inclusive, those parts lying within Ojo de Borrego Land Grant; T. 16 N., R. 3 E., Secs. 13 to 16, inclusive, those parts lying within the Ojo de Borrego Land Grant; Sec. 17, SW ¼ SW ¼; Sec. 18, SE ¼ SE ¼; Sec. 19, NE ¼ NE ¼; Sec. 20, NW ¼ NW ¼; Secs. 21 to 28, inclusive, those parts lying within the Ojo de Borrego Land Grant; Sec. 31, that part lying within the San Ysidro Land Grant; Secs. 33 to 36, inclusive, those parts lying within the Ojo de Borrego Land Grant; T. 15 N., R. 4 E., Secs. 5 to 8, inclusive, those parts lying within the Ojo de Borrego Land Grant; Sec. 29, NE ¼ NE ¼; T. 16 N., R. 4 E., Secs. 8, 17 to 20, inclusive, and 29 to 32, inclusive, those parts lying within the Ojo de Borrego Land Grant. LAGUNA PROJECT, LI-NM 7 SANDOVAL, BERNALILLO, AND VALENCIA COUNTIES, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 9 N., R. 1 W., Sec. 7, lot 1; T. 10 N., R. 1 W., Secs. 5 and 7, all; Sec. 9, lots 1 to 4, inclusive, NW ¼, and SW ¼; Secs. 17 and 19, all; Sec. 21, lots 1 to 4, inclusive, W ½ NW ¼, and W ½ SW ¼; Secs. 29 and 31, all; Sec. 33, lots 1 to 5, inclusive, W ½ NW ¼, W ½ SW ¼, and SE ¼ SW ¼; T. 11 N., R. 1 W., Secs. 4 to 9, inclusive, 16 to 21, inclusive, and 28 to 30, inclusive, those parts lying within the Bernabe de Montano Land Grant; T. 12 N., R. 1 W., Secs. 4 to 9, inclusive, 16 to 21, inclusive, and 28 to 33, inclusive, those parts lying within the Bernabe de Montano Land Grant; T. 13 N., R. 1 W., Secs. 19 to 21, inclusive, and 28 to 33, inclusive, those parts lying within the Bernabe de Montano Land Grant; T. 10 N., R. 2 W., Secs. 1 and 3, all; Sec. 4, lots 2 to 4, inclusive, SW ¼ NE ¼, S ½ SW ¼, and S ½ SE ¼; Secs. 5, 7, 9, and 11, all; Sec. 12, SW ¼; Secs. 13 to 15, inclusive, and 17, all; Sec. 19, lots 3 and 4, E ½ SW ¼, and SE ¼; Secs. 21 to 23, inclusive, all; Sec. 24, NE ¼ and NW ¼; Secs. 25, 27 and 29, all; Sec. 31, E ½ NW ¼ and E ½ SW ¼; Sec. 32, N ½ NE ¼, SE ¼ NE ¼, and NE ¼ SE ¼; Secs. 33 and 35, all; T. 11 N., R. 2 W., Secs. 1 and 2, those parts lying within the Bernabe de Montano Land Grant; Sec. 3 lots 1 to 4, inclusive, and that part lying within the Bernabe de Montano Land Grant; Secs. 5, 7 and 9, all; Secs. 10 to 14, inclusive, those parts lying within the Bernabe de Montano Land Grant; Sec. 15, lots 1 to 4, inclusive, and that part lying within the Bernabe de Montano Land Grant; Sec. 17, all; Sec. 18, lots 1 and 2, E ½ NW ¼, and SE ¼; Secs. 19 and 21, all; Secs. 22 to 24, inclusive, those parts lying within the Bernabe de Montano Land Grant; Sec. 25, lots 1 to 4, inclusive, SW ¼, SE ¼ and that part lying within the Bernabe de Montano Land Grant; Sec. 26, that part lying within the Bernabe de Montano Land Grant; Sec. 27, lots 1 to 5, inclusive, SW ¼, SE ¼, and that part lying within the Bernabe de Montano Land Grant; Sec. 29, all; Sec. 30, E ½ NE ¼ and E ½ SE ¼; Sec. 31, all; Sec. 32, NE ¼ SW ¼, N ½ SE ¼, and SE ¼ SE ¼; Secs. 33 and 35, all; T. 12 N., R. 2 W., Secs. 1 and 2, those parts lying within the Bernabe de Montano Land Grant; Sec. 3, lots 1 to 4, inclusive, and that part lying within the Bernabe de Montano Land Grant; Sec. 5, all; Sec. 7, lots 1 to 5, inclusive, NE ¼, and SE ¼; Sec. 9, all; Secs. 10 to 14, inclusive, those parts lying within the Bernabe de Montano Land Grant; Sec. 15, lots 1 to 4, inclusive, and that part lying within the Bernabe de Montano Land Grant; Secs. 17, 19 and 21, all; Secs. 22 to 26, inclusive, those parts lying within the Bernabe de Montano Land Grant; Sec. 27, lots 1 to 4, inclusive, and that part lying within the Bernabe de Montano Land Grant; Sec. 29, 31 and 33, all; Secs. 34 to 36, inclusive, those parts lying within the Bernabe de Montano Land Grant; T. 13 N., R. 2 W., Sec. 21, lots 1 to 4, inclusive, S ½ SW ¼, and SE ¼; Secs. 22 to 26, inclusive, those parts lying within the Bernabe de Montano Land Grant; Sec. 27, lots 1 to 4, inclusive, and that part lying within the Bernabe de Montano Land Grant; Sec. 29, lots 1 and 2, NE ¼, S ½ NW ¼, SW ¼, and SE ¼; Sec. 31, lots 1 to 4, inclusive, E ½ NE ¼, and E ½ SE ¼; Sec. 33, all; Secs. 34 to 36, inclusive, those parts lying within the Bernabe de Montano Land Grant; T. 9 N., R. 3 W., Secs. 1, 3, 5, 7, and 9, all; Sec. 11, lots 1 to 5, inclusive; Sec. 15, NE ¼, N ½ NW ¼, SE ¼ NW ¼, E ½ SW ¼, and SE ¼; Secs. 17, 19 and 21, all; Sec. 23, lots 1 and 2; Sec. 27, SW ¼ and SE ¼; Secs. 29, 31 and 33, all; Sec. 35, lots 1 and 2; T. 10 N., R. 3 W., Sec. 5, lot 1; Sec. 9, lots 1 to 5, inclusive, NE ¼, E ½ NW ¼, SE ¼ SW ¼, and SE ¼; Sec. 15, SW ¼ NE ¼, NW ¼, SW ¼, and W ½ SE ¼; Sec. 17, lots 1 to 5, inclusive, E ½ NE ¼, S ½ SW ¼, and SE ¼; Secs. 19, 21, 27, 29, 31, and 33, all; T. 11 N., R. 3 W., Sec. 1, lots 1, 2, 5, 6, and 7, SW ¼ NE ¼, SW ¼, and W ½ SE ¼; Sec. 3, lots 1 to 4, inclusive, S ½ NE ¼, S ½ NW ¼, SW ¼ and SE ¼; Sec. 5, lots 1, 3 and 4, SE ¼ NE ¼, S ½ NW ¼, SW ¼, and SE ¼; Sec. 7, lots 1 to 4, inclusive, NE ¼, E ½ NW ¼ E ½ SW ¼, and SE ¼; Sec. 8, W ½ NE ¼, N ½ SW ¼, SW ¼ SW ¼, and W ½ SE ¼; Sec. 9, all; Sec. 10, W ½ NW ¼ and NW ¼ SW ¼; Sec. 11, NE ¼, NW ¼, SW ¼, NW ¼ SE ¼, and S ½ SE ¼; Secs. 13, 15 and 17, all; Sec. 18, NE ¼; Sec. 19, lots 1 to 7, inclusive, N ½ NE ¼, and NE ¼ NW ¼; Secs. 21, 23, 25, and 27, all; Sec. 29, lots 1 and 2, NE ¼, N ½ NW ¼, SE ¼ NW ¼, NE ¼ SW ¼, and S ½ SW ¼; Sec. 31, lots 1 and 2 and NE ¼ NE ¼; Sec. 33, lots 1 to 4, inclusive, NE ¼, NW ¼, N ½ SW ¼, and N ½ SE ¼; Sec. 35, all; T. 12 N., R. 3 W., Sec. 7, lots 1 to 4, inclusive; Sec. 9, lots 1 to 4, inclusive; Sec. 11, lots 1 to 4, inclusive; Sec. 13, lots 1 to 7, inclusive, W ½ NE ¼, NW ¼, N ½ SW ¼, and NW ¼ SE ¼; Secs. 15, 17 and 21, all; Sec. 25, lots 1 to 4, inclusive; Sec. 27, all; Sec. 29, NW ¼ NE ¼, N ½ NW ¼, SW ¼ NW ¼, SW ¼, and SE ¼; Sec. 33, all. ACOMA PROJECT, LI-NM 8 VALENCIA COUNTY, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 6 N., R. 6 W., Secs. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, and 35; T. 7 N., R. 6 W., Secs. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, and 35; T. 6 N., R. 7 W., Secs. 1, 3, 5, 7, 9, 11, 13, 15, 17 to 21, inclusive, 23, 25, 27 to 31, inclusive, 33 and 35; T. 6 N., R. 8 W., Secs. 1, 3, 5, 7, and 9, all; Sec. 10, NW ¼; Secs. 11 to 13, inclusive, all; Sec. 14, NE ¼ and SE ¼; Secs. 15 and 17, all; Sec. 18, NW ¼ and SW ¼; Sec. 19, all; Sec. 20, SE ¼; Secs. 21 and 23, all; Sec. 24, NW ¼ NE ¼, S ½ NE ¼, and NW ¼ SE ¼; Secs. 25, 27 and 29, all; Sec. 30, SW ¼; Secs. 31, 33 and 35, all; T. 6 N., R. 9 W., Secs. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, and 25, all; Sec. 26, SW ¼ and SE ¼; Secs. 27, 29, 31, and 33, all; Sec. 34, SE ¼; Sec. 35, all; T. 7 N., R. 9 W., Secs. 1, 3, 5, and 7, all; Sec. 8, NE ¼ SE ¼; Secs. 9, 11, 13, 15, 17, 19, 21, and 23, all; Sec. 24, E ½ SW ¼ and N ½ SE ¼; Secs. 25, 27, 29, 31, 33, and 35, all; T. 8 N., R. 9 W., Sec. 3, all; Sec. 4, lots 1 and 2, S ½ NE ¼, N ½ SW ¼, SW ¼ SW ¼, and N ½ SE ¼; Sec. 5, all; Sec. 6, lots 5 and 6, SE ¼ NW ¼, and NE ¼ SW ¼; T. 8 N., R. 9 W., Secs. 7 to 9, inclusive, all; Sec. 11, lots 1 to 4, inclusive, W ½ NE ¼, NW ¼, SW ¼, and W ½ SE ¼; Secs. 15 and 17, all; Sec. 18, NE ¼ and SE ¼; Secs. 19 and 21, all; Sec. 23, lots 1 to 4, inclusive, W ½ NE ¼, NW ¼, SW ¼, and W ½ SE ¼; Sec. 25, lots 1 to 4, inclusive, SW ¼, and SE ¼; Secs. 27, 29, 31, 33, and 35, all; T. 6 N., R. 10 W., Secs. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, and 35; T. 7 N., R. 10 W., Secs. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, and 35; T. 8 N., R. 10 W., Secs. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, and 23, all; Sec. 24, N ½ NE ¼, SE ¼ NE ¼, and E ½ SE ¼; Secs. 25, 27, 29, 31, 33, and 35, all; T. 6 N., R. 11 W., Secs. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 26, 27, 29, 31, 33, and 35. JEMEZ PROJECT, LI-NM 9 SANDOVAL COUNTY, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN Tps. 15, 16, 17 and 18 N., Rs. 1 E. and 1 W., those parts lying within the Ojo del Espiritu Santo Land Grant, as described in U.S. Survey No. 44; Tps. 15 16 and 17 N., R. 2 W., those parts lying within the Ojo del Espiritu Santo Land Grant as described in U.S. Survey No. 44. ISLETA PROJECT, LI-NM 11 BERNALILLO AND VALENCIA COUNTIES, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 7 N., R. 1 W., Secs. 5 and 7, all; Sec. 9, lots 1 to 4, inclusive, W ½ NW ¼, NW ¼ SW ¼, and S ½ SW ¼; Sec. 15, lot 1; Sec. 17, lots 1 to 4, inclusive; T. 8 N., R. 1 W., Sec. 1, lots 1 to 8, inclusive, S ½ NE ¼, and S ½ NW ¼; Sec. 3, lots 1 to 8, inclusive, S ½ NE ¼, and S ½ NW ¼; Sec. 5, lots 1 to 6, inclusive; Sec. 7, lot 1; Sec. 31, lots 1 to 4, inclusive; Sec. 33, lots 1 to 3, inclusive; T. 7 N., R. 2 W., Sec. 1, all; Sec. 11, lot 1; Sec. 13, lots 1 and 2, and NE ¼ NE ¼; T. 8 N., R. 1 E., Sec. 1, lots 1 to 4, inclusive, NE ¼, and NW ¼; Sec. 3, lots 1 to 8, inclusive, S ½ NE ¼, and S ½ NW ¼; Sec. 4, lots 1 to 4, inclusive, S ½ NE ¼, and S ½ NW ¼; Sec. 5, lots 1 to 8, inclusive, S ½ NE ¼, and S ½ NW ¼; Sec. 6, lots 1 and 2, NE ¼, and E ½ NW ¼; T. 8 N., R. 2 E., Sec. 5, lots 1 to 4, inclusive, NE ¼, and NW ¼; T. 7 N., R. 3 E., that part lying within the tract described in U.S. Land Office Record No. 067415, Santa Fe Series, and known as the "Peralta tract of the Southern Part of the Lo de Padilla Grant"; T. 7 N., R. 4 E., Sec. 6, SE ¼ and that part lying within the tract described in U. S. Land Office Record No. 067415, Santa Fe Series, and known as the "Peralta tract of the Southern Part of Lo de Padilla Grant." FRANKLIN D ROOSEVELT The White House, January 18, 1938.
Executive Order 7792—Transfer of Jurisdiction Over Certain Lands from the Secretary of Agriculture to the Secretary of the Interior
Executive Brief • At a Glance
Jurisdiction over the hereinafter-described lands, together with the improvements thereon, acquired or in the process of acquisition by the United States in connection with the hereinafter-designated projects, be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior: Provided, however , that the Secretary of Agriculture shall retain such jurisdiction over the lands now in process of acquisition by the United States as may be necessary to enable him to complete the purchase of such lands; and the Secretary of the Interior is hereby authorized (1) to administer, through the Commissioner of Indian Affairs, such lands for the uses for which they were, or are in the process of being, acquired, and…
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 January 18, 1938, this order concerns Transfer of Jurisdiction Over Certain Lands from the Secretary of Agriculture to the Secretary of the Interior. Jurisdiction over the hereinafter-described lands, together with the improvements thereon, acquired or in the process of acquisition by the United States in connection with the hereinafter-designated projects, be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior: Provided, however , that the Secretary of Agriculture shall retain such jurisdiction over the lands now in…
Key Directives & Operative Actions
Jurisdiction over the hereinafter-described lands, together with the improvements thereon, acquired or in the process of acquisition by the United States in connection with the hereinafter-designated projects, be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior: Provided, however , that the Secretary of Agriculture shall retain such jurisdiction over the lands now in process of acquisition by the United States as may be necessary to enable him to complete the purchase of such lands; and the Secretary of the Interior is hereby authorized (1) to administer, through the Commissioner of Indian Affairs, such lands for the uses for which they were, or are in the process of being, acquired, and…
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
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
Focuses on internal governmental operations with no direct impairment of private rights or property.
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 (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 7792 (Jan. 18, 1938), https://executiveordersarchive.org/orders/app-executive-order-7792-transfer-jurisdiction-over-certain-lands-from-the-secretary.