MISSISSIPPI Whereas certain lands in the State of Mississippi have been acquired under the authority of Title II of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (49 Stat. 115), and Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 522, 525); and Whereas by Executive Order No. 7908, dated June 9, 1938, all the right, title, and interest of the United States in such lands as were acquired under the said Title II of the National Industrial Recovery Act and the said Emergency Relief Appropriation Act of 1935 were transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of the said Title III of the Bankhead-Jones Farm Tenant Act and the related provisions thereof; and Whereas it appears that the reservation of such lands and certain intermingled public lands as a wildlife refuge would be in the public interest; Now, Therefore , by virtue of and pursuant to the authority vested in me as President of the United States and by Section 32, Title III of the said Bankhead-Jones Farm Tenant Act, and 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 the lands acquired by the United States, and the intermingled public 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 the Interior as a refuge and breeding ground for migratory birds and other wildlife; Provided , that, with respect to such lands as have been acquired under the said Title II of the National Industrial Recovery Act, the said Emergency Relief, Appropriation Act of 1935, and the said Title III of the Bankhead-Jones Farm Tenant Act, the authority conferred by the said Title III of the Bankhead-Jones Farm Tenant Act upon the Secretary of Agriculture shall continue to be exercised by him with respect to all activities, with the exception of wildlife as hereinabove provided, including grazing, forestry, recreational facilities and activities, and the right to permit the taking of fish, such authority to be exercised as mutually agreed upon by the Secretary of Agriculture and the Secretary of the Interior; And provided further , that any private lands within the area shall become a part of the refuge upon the acquisition of title thereto or control thereof by the United States. CHOCTAW MERIDIAN T. 15 N., R. 13 E., sec. 1, N½, N½SW¼, and SE¼SW¼; sec. 2, E½NE¼; sec. 3, NW¼NW¼; sec. 4, NW¼; sec. 5, NE¼, N½NW¼, SE¼NW¼, and NE¼SW¼; sec. 6, that part of the N½N½ lying east of the Louisville-Starkville Road; T. 16 N., R. 13 E., sec. 11, E½SE¼; sec. 12, S½; sec. 13, all; sec. 14, E½E½; secs. 21 and 22, that part lying south of the Louisville-Starkville Road; sec. 23, E½E½, and that part of the SW¼ and W½SE¼, lying south and east of the Louisville-Starkville Road; secs. 24 and 25, all; secs. 26, 27, and 28, that part lying south of the Louisville-Starkville Road; secs. 29 and 31, that part lying east of the Louisville-Starkville Road; sec. 32, E½ and that part of the W½ lying south of the. Louisville-Starkvlle Road; sec. 33, all; sec. 34, N½ and SW¼; sec. 35, N½, N½SW¼, SE¼SW¼, and SE¼; sec. 36, all; T. 17 N., R. 13 E., sec. 24, NE¼, diagonal NE½NW¼, S½SW¼, and SE 4¼; sec. 25, that part lying north of the Parker Slough Road; sec. 26, that part of the E½ lying north of the Parker Slough Road and that part of the S½NW¼ and N½SW¼ lying east of the Louisville-Starkville Road and north of the Parker Slough Road; sec. 36, that part lying north of the Louisville-Starkville Road; T. 16 N., R. 14 E., secs. 1, 2, and 8, all; sec. 4, E½; sec. 7, S½; sec. 8, that part of the S½ lying west of the Louisville-Starkville Road, and that part lying south and east of the Bluff Lake Road; sec. 9, E½ and that part of the W½ lying south and east of the Bluff Lake Road; secs. 10 to 31, inclusive, all; sec. 32, N½, N½SW¼, and N½SE¼; sec. 33, N½, N½SW¼, SE¼SW¼, and SE¼; sec. 34, N½, SW¼, and W½SE¼; sec. 35. N½; T. 17 N., R. 14 E., secs. 19, 20, and 21, all; sec. 25, S½SE¼; sec. 26, SW¼ and SW¼SE¼; secs. 27, 28, 29, and 30, all; sec. 31, E½ and that part of the NW¼ lying north of the Parker Slough Road; secs. 32 to 36, inclusive, all; T. 16 N., R. 15 E., sec. 2. lots 2, 3, 4, and 7; secs. 3 to 8, inclusive, all; secs. 17 to 20, inclusive, all; sec. 27, NW¼SW¼; sec. 28, NE¼NW¼, S½NW¼, SW¼, and N½SE¼; sec. 29, all; sec. 30, N½, N½SE¼, and SE¼SE¼; sec. 32, NE¼; sec. 33, W½NW¼; T. 17 N., R. 15 E., sec. 30, S½SW¼; sec. 31, W½NW¼ and S½; sec. 32, SW¼SW¼; aggregating 49,200 acres. It is unlawful for any person to hunt, trap, capture, wilfully disturb, or kill any bird or wild animal of any kind whatsoever within the limits of the refuge, or to enter thereon for such purposes, except under such rules or regulations as may be prescribed by the Secretary of the Interior. Executive Order No. 6964, of February 5, 1935, withdrawing for classification and other purposes all vacant, unreserved, and unappropriated public lands in the State of Mississippi, and certain other States, is hereby amended to exclude from the provisions of that order, as amended, the public lands in the above-described area. This reservation shall be known as the Noxubee National Wildlife Refuge. FRANKLIN D ROOSEVELT The White House, June 14, 1940.
Executive Order 8444—Establishing the Noxubee National Wildlife Refuge
Executive Brief • At a Glance
The lands acquired by the United States, and the intermingled public 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 the Interior as a refuge and breeding ground for migratory birds and other wildlife; Provided , that, with respect to such lands as have been acquired under the said Title II of the National Industrial Recovery Act, the said Emergency Relief, Appropriation Act of 1935, and the said Title III of the Bankhead-Jones Farm Tenant Act, the authority conferred by the said Title III of the Bankhead-Jones Farm Tenant Act upon the Secretary of Agriculture shall continue to be exercised by him with respect to all activities…
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 14, 1940, this order concerns Establishing the Noxubee National Wildlife Refuge. The lands acquired by the United States, and the intermingled public 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 the Interior as a refuge and breeding ground for migratory birds and other wildlife; Provided , that, with respect to such lands as have been acquired under the said Title II of the…
Key Directives & Operative Actions
The lands acquired by the United States, and the intermingled public 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 the Interior as a refuge and breeding ground for migratory birds and other wildlife; Provided , that, with respect to such lands as have been acquired under the said Title II of the National Industrial Recovery Act, the said Emergency Relief, Appropriation Act of 1935, and the said Title III of the Bankhead-Jones Farm Tenant Act, the authority conferred by the said Title III of the Bankhead-Jones Farm Tenant Act upon the Secretary of Agriculture shall continue to be exercised by him with respect to all activities…
It is unlawful for any person to hunt, trap, capture, wilfully disturb, or kill any bird or wild animal of any kind whatsoever within the limits of the refuge, or to enter thereon for such purposes, except under such rules or regulations as may be prescribed by the Secretary of the Interior.
Executive Order No. 6964, of February 5, 1935, withdrawing for classification and other purposes all vacant, unreserved, and unappropriated public lands in the State of Mississippi, and certain other States, is hereby amended to exclude from the provisions of that order, as amended, the public lands in the above-described area.
This reservation shall be known as the Noxubee National Wildlife Refuge.
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
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. 8444 (June 14, 1940), https://executiveordersarchive.org/orders/app-executive-order-8444-establishing-the-noxubee-national-wildlife-refuge.