TEXAS Whereas the hereinafter-described tract of land, acquired by the United States under the Convention of February 1, 1933, between the United States and Mexico, is now under the control and jurisdiction of the Secretary of State; and Whereas it appears that it would be in the public interest to transfer such tract of land to the control and jurisdiction of the Federal Works Agency for use of the Bureau of Customs, Treasury Department: Now, Therefore , by virtue of the authority vested in me as President of the United States, it is ordered that the control and jurisdiction over the following-described tract of land be, and they are hereby, transferred to the Federal Works Agency for the use of the Bureau of Customs, Treasury Department: All of Tract 1 of Parcel No. 173, lying in or adjoining El Paso County, Texas, of area ceded to the United States by Mexico under the Convention of 1933, and more particularly described (all bearings being in relation to a true meridian passing through Triangulation Station Number Twenty-one (21) of the surveys of the International Boundary Commission) as follows: The boundary line of Parcel No. 173 is the old International Boundary Line and the parcel posts are the original pipes or posts which served as monuments on the old International Boundary Line; Beginning at the concrete monument set for Reference Point 173-A on the boundary line of Parcel No. 173 where said boundary line intersects the northerly line of the tract reserved by the United States for right of way for the Rio Grande Rectification Project, the Border Drain, and the Guadalupe Lateral; Thence along the boundary line of Parcel No. 173 in the following courses and distances: North 19°17' West, one hundred six and three tenths (106.3) feet to Post 3, which is Monument 18-G on the old International Boundary Line; North 23°27' East, one hundred sixty-four and nine tenths (164.9) feet to Post 4, which is Monument 18-H on the old International Boundary Line; North 89°35' East, one hundred seventy-three and one tenth (173.1) feet to the iron pipe set for Post 4-A on the westerly right of way line of the Tornillo-Guadalupe Road; Thence along said westerly right of way line, southerly, along a curve to the right of radius five hundred fifty-three and no tenths (553.0) feet, a distance of two hundred thirty-eight and one tenth (238.1) feet (said curve being subtended by the chord bearing South 18°19' West, two hundred thirty-six and three tenths (236.3) feet) to the iron pipe at the end of said curve; Thence continuing along said westerly right of way line South 30°39' West, .ninety and eight tenths (90.8) feet to an iron pipe on the northerly line of the tract reserved by the United States; Thence along said northerly line North 59°20'32'' West, ninety-six and six tenths (96.6) feet to the place of beginning and containing one and nine hundredths (1.09) acres more or less. The transfer effected by this order is subject to the condition that the Federal Works Agency and the Bureau of Customs shall permit the proper agencies of the United States to construct, operate, and maintain whatever ditches or canals may be needed in connection with the Rio Grande Federal Irrigation Project of the Department of the Interior across the said tract of land; and in the event that such land shall cease to be used by the Federal Works Agency and the Bureau of Customs, the control and jurisdiction over it shall, upon formal notification thereof to the Department of State by the said Agency and Bureau, revert to the Department of State. FRANKLIN D. ROOSEVELT The White House, June 10, 1940.
Executive Order 8434—Transferring the Control and Jurisdiction Over a Certain Tract of Land to the Federal Works Agency for Use of the Bureau of Customs, Treasury Department
Executive Brief • At a Glance
The control and jurisdiction over the following-described tract of land be, and they are hereby, transferred to the Federal Works Agency for the use of the Bureau of Customs, Treasury Department: All of Tract 1 of Parcel No. 173, lying in or adjoining El Paso County, Texas, of area ceded to the United States by Mexico under the Convention of 1933, and more particularly described (all bearings being in relation to a true meridian passing through Triangulation Station Number Twenty-one (21) of the surveys of the International Boundary Commission) as follows: The boundary line of Parcel No. 173 is the old International Boundary Line and the parcel posts are the original pipes or posts which served as monuments on the old International…
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 June 10, 1940, this order concerns Transferring the Control and Jurisdiction Over a Certain Tract of Land to the Federal Works Agency for Use of the Bureau of Customs, Treasury Department. The control and jurisdiction over the following-described tract of land be, and they are hereby, transferred to the Federal Works Agency for the use of the Bureau of Customs, Treasury Department: All of Tract 1 of Parcel No. 173, lying in or adjoining El Paso County, Texas, of area ceded to the United States by Mexico under the Convention of 1933, and more particularly described (all bearings being in relation to a…
Key Directives & Operative Actions
The control and jurisdiction over the following-described tract of land be, and they are hereby, transferred to the Federal Works Agency for the use of the Bureau of Customs, Treasury Department: All of Tract 1 of Parcel No. 173, lying in or adjoining El Paso County, Texas, of area ceded to the United States by Mexico under the Convention of 1933, and more particularly described (all bearings being in relation to a true meridian passing through Triangulation Station Number Twenty-one (21) of the surveys of the International Boundary Commission) as follows: The boundary line of Parcel No. 173 is the old International Boundary Line and the parcel posts are the original pipes or posts which served as monuments on the old International…
The transfer effected by this order is subject to the condition that the Federal Works Agency and the Bureau of Customs shall permit the proper agencies of the United States to construct, operate, and maintain whatever ditches or canals may be needed in connection with the Rio Grande Federal Irrigation Project of the Department of the Interior across the said tract of land; and in the event that such land shall cease to be used by the Federal Works Agency and the Bureau of Customs, the control and jurisdiction over it shall, upon formal notification thereof to the Department of State by the said Agency and Bureau, revert to the Department of State.
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
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
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
Applies regulatory or compliance standards to private contractors or commercial entities.
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. 8434 (June 10, 1940), https://executiveordersarchive.org/orders/app-executive-order-8434-transferring-the-control-and-jurisdiction-over-certain-tract-land-the.