NEW MEXICO Whereas certain, lands within the boundaries of a grazing district in the State of New Mexico, established under the authority of the Taylor Grazing Act, approved June 28, 1934 (48 Stat. 1269), as amended by the act of June 26, 1936, 49 Stat. 1976, have been acquired under the authority of Title II of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), and the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (49 Stat. 115), in connection with the Department of Agriculture's project known as the Hope Land Use Adjustment Project, LA-NM 4; and Whereas by Executive Order No. 7908, dated June 9, 1938, all the right, title, and interest of the United States in such lands was 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 thereof; and Whereas it appears that the transfer of jurisdiction over a portion of 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 the President by section 32, Title III of the said Bankhead-Jones Farm Tenant Act, it is ordered that jurisdiction over the following-described lands be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior; and the Secretary of the Interior is hereby authorized to use such lands in connection with the administration of the Taylor Grazing Act, supra, under such conditions of use and administration as will best carry out the purposes of the land-conservation and landutilization program for which such lands were acquired: NEW MEXICO PRINCIPAL MERIDIAN T. 16 S., R. 21 E., sec. 35, SW¼SE¼; T. 17 S., R. 21 E., sec. 1, S½NE¼; T. 16 S., R. 23 E., sec. 31, S½SW¼, SW¼ SE¼; T. 17 S., R. 23 E., sec. 6, N½N½, SW¼NW¼; sec. 9, SW¼SW¼, sec. 23, NW¼NW¼; T. 17 S., R. 24 E., sec. 4, NW¼SW¼, E½SW¼, sec. 18, SW¼, sec. 20, N½; AGGREGATING 1,104.36 acres. And by virtue of and pursuant to the authority vested in the President by the act of June 25, 1910, c. 421, 36 Stat. 847, as amended by the act of August 24, 1912, c. 369, 37 Stat. 497, it is ordered that any public-domain lands within the following-described area be, and they are hereby, reserved and set apart, subject to valid existing rights, for the use of the Department of Agriculture in connection with the aforementioned Hope Land Use Adjustment Project: Provided , that such lands shall not be disposed of by sale, exchange, or grant, in accordance with the provisions of the Bankhead-Jones Farm Tenant Act, supra, without the approval of the Secretary of the Interior: And provided further , that this order shall not apply to the right, title, and interest of the United States in the mineral resources of such lands, and shall not restrict the disposition of such mineral resources under the public-land laws: NEW MEXICO PRINCIPAL MERIDIAN T. 17 S., R. 21 E., sec. 1, W½, secs. 2, and 11 to 15, inclusive, sec. 22, N½, E½SW¼, SE¼, secs. 23, 24, and 25, sec. 26, N½NE¼, NW¼, sec. 36; T. 18 S., R. 21 E., sec. 1, N½, N½SW¼, SE¼, sec. 12, E½NE¼; T. 17 S., R. 23 E., secs. 7, 8, and 17 to 22, 27 to 33, inclusive, sec. 34, N½, SW¼, sec. 35, W½NW¼; T. 18 S.. R. 23 E., sec. 3, NW¼, S½, secs. 4, 5, and 6, sec. 7, N½, N½SW¼, sec. 8, N½, N½S½, sec. 9, NW¼; AGGREGATING 21,622.14 acres. The reservation of public-domain lands made by this order shall remain in force until revoked by the President or by act of Congress. FRANKLIN D ROOSEVELT The White House, April 19, 1939.
Executive Order 8095—Transfer of Jurisdiction Over Certain Lands From the Secretary of Agriculture to the Secretary of the Interior, and Withdrawal of Lands From the Public Domain for the Use of the Department of Agriculture
Executive Brief • At a Glance
Jurisdiction over the following-described lands be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior; and the Secretary of the Interior is hereby authorized to use such lands in connection with the administration of the Taylor Grazing Act, supra, under such conditions of use and administration as will best carry out the purposes of the land-conservation and landutilization program for which such lands were acquired: NEW MEXICO PRINCIPAL MERIDIAN T. 16 S., R. 21 E., sec. 35, SW¼SE¼; T. 17 S., R. 21 E., sec. 1, S½NE¼; T. 16 S., R. 23 E., sec. 31, S½SW¼, SW¼ SE¼; T. 17 S., R. 23 E., sec. 6, N½N½, SW¼NW¼; sec. 9, SW¼SW¼, sec. 23, NW¼NW¼; T. 17 S., R. 24 E., sec. 4, NW¼SW¼, E½SW¼, sec. 18, SW¼…
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 April 19, 1939, this order concerns Transfer of Jurisdiction Over Certain Lands From the Secretary of Agriculture to the Secretary of the Interior, and Withdrawal of Lands From the Public Domain for the Use of the Department of Agriculture. Jurisdiction over the following-described lands be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior; and the Secretary of the Interior is hereby authorized to use such lands in connection with the administration of the Taylor Grazing Act, supra, under such conditions of use and administration as will best carry out the purposes of the land-conservation and…
Key Directives & Operative Actions
Jurisdiction over the following-described lands be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior; and the Secretary of the Interior is hereby authorized to use such lands in connection with the administration of the Taylor Grazing Act, supra, under such conditions of use and administration as will best carry out the purposes of the land-conservation and landutilization program for which such lands were acquired: NEW MEXICO PRINCIPAL MERIDIAN T. 16 S., R. 21 E., sec. 35, SW¼SE¼; T. 17 S., R. 21 E., sec. 1, S½NE¼; T. 16 S., R. 23 E., sec. 31, S½SW¼, SW¼ SE¼; T. 17 S., R. 23 E., sec. 6, N½N½, SW¼NW¼; sec. 9, SW¼SW¼, sec. 23, NW¼NW¼; T. 17 S., R. 24 E., sec. 4, NW¼SW¼, E½SW¼, sec. 18, SW¼…
And by virtue of and pursuant to the authority vested in the President by the act of June 25, 1910, c. 421, 36 Stat. 847, as amended by the act of August 24, 1912, c. 369, 37 Stat. 497, it is ordered that any public-domain lands within the following-described area be, and they are hereby, reserved and set apart, subject to valid existing rights, for the use of the Department of Agriculture in connection with the aforementioned Hope Land Use Adjustment Project: Provided , that such lands shall not be disposed of by sale, exchange, or grant, in accordance with the provisions of the Bankhead-Jones Farm Tenant Act, supra, without the approval of the Secretary of the Interior: And provided further , that this order shall not apply to the…
The reservation of public-domain lands made by this order shall remain in force until revoked by the President or by act of Congress.
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.
Scholarly & Legal Citations
Exec. Order No. 8095 (Apr. 19, 1939), https://executiveordersarchive.org/orders/app-executive-order-8095-transfer-jurisdiction-over-certain-lands-from-the-secretary.