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 process of being, acquired in connection with the projects hereinafter designated, under authority of Title II of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act, approved 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 by Executive Order No. 7908, dated June 9, 1938, all the right, title, and interest of the United States in such lands, acquired, or in process of acquisition, were transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 522, 525), and the related provisions of Title IV thereof; and immediately upon acquisition of legal title to those lands now in process of acquisition, said order, under the terms thereof, will become applicable to all the additional right, title, and interest thereby acquired by the United States; 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 by section 32 (c), Title III, of the said Bankhead-Jones Farm Tenant Act, and upon recommendation of the Secretary of Agriculture, 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 their acquisition; and the Secretary of the Interior is hereby authorized to administer such lands, through the Commissioner of Indian Affairs, for the benefit of such Indians as he may designate, under such conditions of use administration as will best carry out the purposes of the land-conservation and land-utilization program for which such lands were acquired: ZUNI PROJECT, LI-NM 13 McKINLEY AND VALENCIA COUNTIES, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 8 N., R. 16 W., sec. 4, Sw ¼; secs. 7, 9, 17, 19, and 21, all; sec. 28, NE ¼, SW ¼, and SE ¼; secs. 29, 31, and 33, all; T. 9 N., R. 16 W., secs. 31 and 34; T. 8 N., R. 17 W., secs. 1, 11, 23, 25, 27, 29, 31, 33, and 35; T. 9 N., R. 17 W., secs. 25 and 35; T. 8 N., R. 18 W., secs. 19, 21, 23, 25, 27, 29, 31, 33, and 35; T. 8 N., R. 19 W., secs. 19, 25, 27, 29, 31, 33, and 35; T. 10 N., R. 19 W., sec. 1, lots 1 to 6, inclusive; sec. 3, lot 1, NE ¼, NW ¼, SW ¼, N ½ SE ¼, and SW ¼ SE ¼; secs. 5 and 7, all; sec. 9, lots 1 to 5, inclusive, N ½ NE ¼, SW ¼ NE ¼, NW ¼, and NW ¼ SW ¼; sec. 17, lots 1 to 3, inclusive, and NW ¼NW ¼; T. 11 N., R. 19 W., secs. 1, 9, 11, and 13, all; sec. 14, NE ¼, NE ¼ NW ¼, S ½ NW ¼, and SW ¼; secs. 15, 178 and 19, all; sec. 20, NE ¼, SE ¼ NW ¼, NE ¼ SW ¼, S ½ SW ¼, and SE 1/ 4; secs. 21 to 23, inclusive, 25, and 27, all; sec. 28, NW ¼, SW 1/ 4, and SE ¼, and NE ¼; secs. 29 to 31, inclusive, 33, and 35, all; T. 8 N., R. 20 W., sec. 13, lots 4 to 6, inclusive, and SE ¼ SE 1/ 4; sec. 23, lots 5 to 8, inclusive, SE ¼ NE ¼, NE ¼ SW ¼, S 1/ 2 SW ¼, and SE ¼; sec. 25, all; sec. 27, lot 2, NE ¼, NE ¼ NW ¼, S ½ NW ¼, SW ¼, and SE ¼; sec. 29, lots 6 to 8, inclusive, and SE ¼ SE ¼; sec. 31, lots 8 to 15, inclusive, SE ¼NE ¼, NE ¼ SW ¼, and N ½ SE ¼; secs. 33 and 35, all; T. 10 N., R. 20 W., sec. 1, all; sec. 3, NE ¼, NW ¼, NE ¼ SW ¼, N ½ SE ¼, and SE ¼ SE ¼; sec. 4, NW ¼ and SW ¼; secs. 5 to 9, inclusive, all; sec. 10, W ½ NW ¼ and W ½ SW ¼; sec. 11, all; sec. 13, lots 1 and 2, NE ¼, NW ¼, SW ¼, and N ½ SE ¼; sec. 14, NW ¼ and SW ¼; secs. 15 and 17 to 21, inclusive, all; sec. 22, lots 1 and 2, NE ¼, NW ¼, SW ¼, and N ½ SE ¼; sec. 23, lots 1 to 6, inclusive, N ½ NE ¼, and NW ¼; sec. 27, lots 1 to 4, inclusive; sec. 28, lots 1 to 4, inclusive, N ½ NE ¼, and NW ¼; sec. 29, lots 1 and 2, NE ¼, NW ¼, SW ¼, and N ½ SE ¼; sec. 30, all; sec. 31, lots 1 to 8, inclusive, NW ¼ NE ¼, and NE ¼ NW ¼; T. 11 N., R. 20 W., secs. 25 and 35, all; T. 9 N., R. 21 W., sec. 1, lots 1 and 2; sec. 3, lots 1 to 6, inclusive, NE ¼, and NW ¼ SW ¼; T. 10 N., R. 21 W., sec. 1, all; sec. 3, lots 1 to 6, inclusive, S ½ NE ¼, and SE ¼; sec. 10, lots 1 to 4, inclusive, NE ¼, and SE ¼; secs. 11 to 14, inclusive, all; sec. 15, lots 1 to 4, inclusive, NE ¼, and SE ¼; sec. 22, lots 1 to 4, inclusive, NE 1/ 4, and SE ¼; secs. 23 to 26, inclusive, all; sec. 27, lots 1 to 4, inclusive, NE ¼, and SE ¼; sec. 34, lots 1 to 4, inclusive, NE 1/ 4, and SE ¼; sec. 35, all. GALLUP-TWO WELLS PROJECT, LI-NM 18 MCKINLEY COUNTY, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 13 N., R. 17 W., Sec. 7, lots 1 to 4, inclusive, NE ¼, E ½ NW ¼, and E ½ SW ¼; sec. 16, NE ¼ and SE ¼; sec. 18, lots 3 and 4, and E ½ SW ¼; sec. 20, SW ¼; sec. 21, NE ¼ and SE ¼; sec. 22, S ½ SW ¼ NE ¼, S ½ SW ¼ NW ¼, SW ¼, N ½ SE 1/ 4, NW ¼ SE ¼ SE ½, N ½ SW ¼ SE ¼, and SW ¼ SW ¼ SE ¼; sec. 23, SE ¼; sec. 25, all; sec. 27, S ½ NE ¼, S ½ NW ¼, and SE ¼; sec. 28, NE ¼, E ½NW ¼, and N ½ SE ¼; sec. 30, lots 1 and 2, SE ¼ NE ¼, SE ¼ SW ¼, and SE ¼; sec. 32, NE ¼ SW ¼, NW ¼ SE ¼, and S ½ SE ¼; sec. 33, NE ¼, E ½ NW ¼, E ½ SW ¼, and SE ¼; sec. 35, all; T. 12 N., R. 18 W., sec. 2, all; sec. 3, lots 3 and 4, S ½ NW 1/ 4, and SW ¼; sec. 4, lots 1 to 4, inclusive, S ½ NE ¼, and S ½NW ¼; sec. 5, all; sec. 6, lots 1 and 2, and S ½ NE ¼; sec. 7, all; sec. 8, NE ¼, NW ¼, S ½ SW ¼, and W ½ SE ¼; sec. 9, all; sec. 10, NE ¼, NW ¼, and SW ¼; sec. 18, lot 4 and SE ¼ SW ¼; sec. 19, lots 1 and 2, NE ¼, and E ½ NW ¼; sec. 20, W ½NE ¼; sec. 28, SE ¼; secs. 30 to 33, inclusive, all; T. 13 N., R. 18 W., secs. 1, 3, and 5, all; sec. 6, lots 1 and 2, S ½ NE ¼, and SE ¼; secs. 7 and 9 to 11, inclusive, all; sec. 12, SW ¼; secs. 13, 15, 17, and 18, all; sec. 19, lots 3 and 4, and E ½SW ¼; secs. 20 to 25, inclusive, all; sec. 26, N ½ NW ¼, SW ¼ NW ¼, and NW ¼ SW ¼; sec. 27, all; sec. 28, NE ¼ and SE ¼; sec. 29, 31, and 33, all; sec. 34, SW ¼ and SE ¼; sec. 35, NW ¼, SW ¼, and SE ¼; T. 14 N., R. 18 W., sec. 8, NE ¼ and NW ¼; T. 12 N., R. 19 W., sec. 1, lots 1 to 4, inclusive, S ½ NE ¼, and S ½ NW ¼; secs. 3 and 4, all; sec. 5, lots 1 and 2, S ½ NE ¼, SW ¼, and SE ¼; sec. 7, lots 1, 3, and 4, NE ¼ NE ¼, S 1/ 2 NE ¼, E ½ SW ¼, and SE ¼; secs. 9 and 11, all; sec. 13, NE ¼, NW ¼, N ½ SW ¼, and E ½ SE ¼; sec. 16, E ½ NE ¼, SW ¼, and SE ¼; sec. 17, NW ¼, SW ¼, and SE ¼; sec. 19, all; sec. 21, NW ¼ and SW ¼; secs. 22, 23, 25, and 27, all; sec. 28, NE ¼ and SE ¼; secs. 29, 31, and 33, all; sec. 35, N ½ NE ¼, SW ¼ NE ¼, NW ¼, NW ¼ SW ¼, S ½ SW ¼, and S ½ SE ¼; sec. 36, all; T. 13 N., R. 19 W., sec. 1, lots 1 and 2, S ½ NE ¼, SW ¼, and SE ¼; secs. 3, 5, and 7, all; sec. 9, W ½ NE ¼, NW ¼, SW ¼, and W ½ SE ¼; secs. 11, 13, and 15, all; sec. 19, lots 1 and 2, NE ¼, and E ½ NW ¼; secs. 21 and 23, all; sec. 24, NE ¼ and SE ¼; secs. 25 and 26, all; sec. 27, NW ¼ and SW ¼; secs. 28 and 29, all; sec. 30, lots 3 and 4, E ½ SW ¼, and SE ¼; sec. 31, lots 1 to 4, inclusive, N ½ NE ¼, SW ¼ NE ¼, E ½ NW ¼, E ½ SW ¼, and NW ¼ SE ¼; sec. 32, NE ¼, NW ¼, NE ¼ SW 1/ 4, and SE ¼; sec. 33, NE ¼, NW ¼, and SW ¼; sec. 34, all; sec. 35, NE ¼, NW ¼, and SE ¼; sec. 36, all; T. 14 N., R. 19 W., sec. 14, NW ¼; sec. 26, NE ¼; T. 12 N., R. 20 W., secs. 1 and 3, all; sec. 4, SW ¼ and SE ¼; sec. 5, all; sec. 6, lots 6 and 7, E ½ SW ¼, and SE ¼; secs. 9 to 11, inclusive, all; sec. 7, all; sec. 13, N ½ NE ¼, SW ¼ NE ¼, NW ¼, and SE ¼ SE ¼; sec. 15, N ½ NE ¼, NW ¼, SW ¼, and S ½ SE ¼; secs. 17, 19, and 21, all; sec. 23, NW ¼ NE ¼, N ½ NW ¼, SW ¼ NW ¼, SW ¼, and SE ¼; sec. 25, SW ¼ and SE ¼; secs. 27 and 35, all; T. 13 N., R. 20 W., sec. 31, NE ¼ and SE ¼; sec. 33, all; sec. 34, NE ¼, NW ¼, and SE ¼; sec. 35, all; T. 12 N., R. 21 W., sec. 12. FRANKLIN D ROOSEVELT The White House, September 16, 1938.
Executive Order 7975—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 their acquisition; and the Secretary of the Interior is hereby authorized to administer such lands, through the Commissioner of Indian Affairs, for the benefit of such Indians as he may designate, under such conditions of use…
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 16, 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…
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 their acquisition; and the Secretary of the Interior is hereby authorized to administer such lands, through the Commissioner of Indian Affairs, for the benefit of such Indians as he may designate, under such conditions of use…
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
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 President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
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. 7975 (Sept. 16, 1938), https://executiveordersarchive.org/orders/app-executive-order-7975-transfer-jurisdiction-over-certain-lands-from-the-secretary.