MONTANA 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 Montana, be, and they are hereby, transferred from the Lolo National Forest to the Helena National Forest: All that portion of the Lolo National Forest, as shown on the diagram accompanying Executive Order No. 5761 of December 16, 1931, lying south and east of the following-described line: Beginning at the west quarter section corner of section 17, T. 15 N., R. 10 W., Principal Meridian, Montana, which is on the present boundary line of the Loo National Forest; thence east following the east and west center section line of said section 17 to the center of the section, thence following the center section line to the intersection with the divide north of Dry Creek; thence following said divide in a northeasterly and northerly direction to Daly Peak; thence northwesterly following the hydrographic divide between the Mineral Creek drainage on the northeast and the McDermott Creek drainage and the Cooper's Lake drainage on the southwest, passing over Iron Mountain, Echo Mountain, Echo Pass and Windy Pass to Mineral Hill, elevation 8,345 feet; thence northeasterly following the hydrographic divide between the Mineral Creek drainage and minor drainage of the East Fork of the North Fork Blackfoot River on the east and the North Fork Blackfoot River drainage on the west to the intersection of the divide with the south line of T. 17 N., R. 10 W., Principal Meridian, Montana, near the southeast corner of section 32 of said township; thence east following the south line of said township to the southeast corner of section 33; thence north between sections 33 and 34 to the northwest corner of section 34; thence east between sections 27 and 34 to the southeast corner of section 27; thence north between sections 26 and 27 to the northwest corner of section 26; thence east between sections 23 and 26 to the southeast corner of section 23; thence north between sections 23 and 24 to the intersection with the hydrographic divide between South Creek on the northwest and Camp Creek on the southeast; thence northeasterly following said divide to the top of an unnamed peak at an elevation of approximately 8,300 feet on the hydrographic divide between the Cooney Creek drainage on the northeast and the Camp Creek drainage on the southwest; thence southeasterly, easterly and northeasterly following said divide around the headwaters of Cooney Creek to Olson Peak, on Red Ridge, elevation approximately 9,300 feet, a point on the present boundary line of the Lolo National Forest. It is not intended by this order to give a national-forest status to any publicly-owned lands which do not now have such status, or to remove any publicly-owned lands from a national-forest status. FRANKLIN D. ROOSEVELT The White House, September 19, 1940.
Executive Order 8544—Transfer of Lands From the Lolo National Forest to the Helena National Forest
Executive Brief • At a Glance
The following-described national-forest lands, in the State of Montana, be, and they are hereby, transferred from the Lolo National Forest to the Helena National Forest: All that portion of the Lolo National Forest, as shown on the diagram accompanying Executive Order No. 5761 of December 16, 1931, lying south and east of the following-described line: Beginning at the west quarter section corner of section 17, T. 15 N., R. 10 W., Principal Meridian, Montana, which is on the present boundary line of the Loo National Forest; thence east following the east and west center section line of said section 17 to the center of the section, thence following the center section line to the intersection with the divide north of Dry Creek; thence…
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 19, 1940, this order concerns Transfer of Lands From the Lolo National Forest to the Helena National Forest. The following-described national-forest lands, in the State of Montana, be, and they are hereby, transferred from the Lolo National Forest to the Helena National Forest: All that portion of the Lolo National Forest, as shown on the diagram accompanying Executive Order No. 5761 of December 16, 1931, lying south and east of the following-described line: Beginning at the west quarter section corner of section 17, T.…
Key Directives & Operative Actions
The following-described national-forest lands, in the State of Montana, be, and they are hereby, transferred from the Lolo National Forest to the Helena National Forest: All that portion of the Lolo National Forest, as shown on the diagram accompanying Executive Order No. 5761 of December 16, 1931, lying south and east of the following-described line: Beginning at the west quarter section corner of section 17, T. 15 N., R. 10 W., Principal Meridian, Montana, which is on the present boundary line of the Loo National Forest; thence east following the east and west center section line of said section 17 to the center of the section, thence following the center section line to the intersection with the divide north of Dry Creek; thence…
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. 8544 (Sept. 19, 1940), https://executiveordersarchive.org/orders/app-executive-order-8544-transfer-lands-from-the-lolo-national-forest-the-helena-national.