IDAHO By virtue of the authority vested in me by the act of June 4, 1897, 30 Stat. 11, 36 (U.S.C., title 16, sec. 473), and upon the recommendation of the Secretary of Agriculture, it is ordered that the following-described national- forest lands, in the State of Idaho, be and they are hereby, transferred from the Idaho National Forest to the Salmon National Forest: All lands now a part of the Idaho National Forest lying east or north and east of a line beginning at the forest boundary on Salmon River at the mouth of Cottonwood Creek and extending up Cottonwood Creek to the mouth of Basin Creek; thence up the ridge between Basin Creek and Peak Creek to Cottonwood Lookout; thence following the divide between Papoose Creek and Cottonwood Creek drainage to Farrow Mountain; thence south and east along the divide on the west side of Papoose Creek drainage to the forest boundary on the Middle Fork of Salmon River. The transfer effected by this order and the new boundaries of the Idaho National Forest are more clearly shown on the diagram attached hereto and made a part hereof. It is not intended by this order to give any publicly-owned lands a national-forest status which have not heretofore had such status, or to remove any publicly-owned lands from a national-forest status. FRANKLIN D ROOSEVELT The White House, February 25, 1940.
Executive Order 8355—Transfer of Lands From the Idaho National Forest to the Salmon National Forest
Executive Brief • At a Glance
The following-described national- forest lands, in the State of Idaho, be and they are hereby, transferred from the Idaho National Forest to the Salmon National Forest: All lands now a part of the Idaho National Forest lying east or north and east of a line beginning at the forest boundary on Salmon River at the mouth of Cottonwood Creek and extending up Cottonwood Creek to the mouth of Basin Creek; thence up the ridge between Basin Creek and Peak Creek to Cottonwood Lookout; thence following the divide between Papoose Creek and Cottonwood Creek drainage to Farrow Mountain; thence south and east along the divide on the west side of Papoose Creek drainage to the forest boundary on the Middle Fork of Salmon River.
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 25, 1940, this order concerns Transfer of Lands From the Idaho National Forest to the Salmon National Forest. The following-described national- forest lands, in the State of Idaho, be and they are hereby, transferred from the Idaho National Forest to the Salmon National Forest: All lands now a part of the Idaho National Forest lying east or north and east of a line beginning at the forest boundary on Salmon River at the mouth of Cottonwood Creek and extending up Cottonwood Creek to the mouth of Basin Creek; thence up the…
Key Directives & Operative Actions
The following-described national- forest lands, in the State of Idaho, be and they are hereby, transferred from the Idaho National Forest to the Salmon National Forest: All lands now a part of the Idaho National Forest lying east or north and east of a line beginning at the forest boundary on Salmon River at the mouth of Cottonwood Creek and extending up Cottonwood Creek to the mouth of Basin Creek; thence up the ridge between Basin Creek and Peak Creek to Cottonwood Lookout; thence following the divide between Papoose Creek and Cottonwood Creek drainage to Farrow Mountain; thence south and east along the divide on the west side of Papoose Creek drainage to the forest boundary on the Middle Fork of Salmon River.
The transfer effected by this order and the new boundaries of the Idaho National Forest are more clearly shown on the diagram attached hereto and made a part hereof.
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.
Scholarly & Legal Citations
Exec. Order No. 8355 (Feb. 25, 1940), https://executiveordersarchive.org/orders/app-executive-order-8355-transfer-lands-from-the-idaho-national-forest-the-salmon-national.