WISCONSIN Whereas certain hereinafter-described lands in the State of Wisconsin, together with the improvements thereon, have been, or are in process of being, acquired by the United States in connection with the Necedah Land Utilization Project 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 of June 9, 1938, all the right, title, and interest of the United States in such lands as were acquired, or are in process of acquisition, under Title II of the said National Industrial Recovery Act and the said Emergency Relief Appropriation Act of 1935 was transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the said Bankhead-Jones Farm Tenant Act, and the related provisions of Title IV thereof; and immediately upon acquisition of legal title to those lands now in process of acquisition under the said acts, the said Executive order, under the terms thereof, will become applicable to all the additional right, title, and interest thereby acquired by the United States; and Whereas the Secretary of Agriculture has recommended that jurisdiction over such lands be transferred to the Department of the Interior, and that such lands, together with certain intermingled public lands, be reserved as a refuge and breeding ground for native birds and other wildlife, under the conditions hereinafter stated: Now, Therefore , by virtue of the authority vested in me 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, subject to valid existing rights, jurisdiction over the lands, together with the improvements thereon, acquired, or in process of acquisition, by the United States within the following-described area, comprising 114,964 acres, more or less, in Jackson, Juneau, Monroe, and Wood Counties, Wisconsin, be, and it is hereby, transferred to the Department of the Interior, together with such equipment in use in connection with such lands as may be designated by the Secretary of Agriculture; and the lands hereby transferred, together with all of the intermingled public lands, comprising 100 acres, more or less, within such area, are hereby reserved as a refuge and breeding ground for native birds and other wildlife and for research relating to wildlife and associated forest resources, under such conditions of use and administration as will best carry out the purposes of the land-conservation and land-utilization program for which such lands have been, or are being, acquired: Provided, however , (1) that such lands shall remain available to the State of Wisconsin for use and management by its Conservation Commission, under the custody of the Fish and Wildlife Service of the Department of the Interior, so long as there remains in force and effect a cooperative and license agreement between the United States and the State of Wisconsin providing for such use and management; and (2) that the. Secretary of Agriculture shall retain such jurisdiction over the lands now in process of acquisition by the United States as may be necessary to enable him to complete their acquisition: FOURTH PRINCIPAL MERIDIAN T. 19 N., R. I E., secs. 1 to 4, inclusive; sec. 5, fractional NE¼, S½NW¼, N½SW¼, and SE¼; sec. 6, SE¼NE¼ and NE¼SE¼; sec. 8, NEI¼; secs. 9 to 16, inclusive; sec. 17, N½NE¼, and SE¼NE¼; sec. 19, SE¼NE¼; sec. 20, S¼,N½ and S½; secs. 21 to 28, inclusive; sec. 29, E½; sec. 32, E½; secs. 33 to 36, inclusive; T. 20 N., R. 1 E., secs. 1 to 4, inclusive; sec. 7, fractional SW¼SW¼; secs. 10, 11, and 12; T. 21 N., R. 1 8., all; T. 18 N., R. 2 E., secs. 1 and 2; sec. 3, E½; sec. 6, NW¼NE¼, N½NW¼, and SW¼NW¼; secs. 10 to 15, inclusive; T. 19 N., R. 2 E., secs. 3, 4, and 5; sec. 6, fractional E½NE¼ and SE¼; secs. 7 to 10, inclusive; secs. 15 to 22, inclusive; secs. 27 to 35, inclusive; T. 20 N., R. 2 E., sec. 1, lots 3, 4, 5, 6, 11, 12, 13, and 14, and that part of the SW¼ lying north and west of road; secs. 2 to 10, inclusive; sec. 11, that part of the NE¼ lying north and west of road, W½, and that part of the SE¼ lying north and west of road; sec. 12, that part of the W½NW¼ lying north and west of road; sec. 14, W½; secs. 15 to 22, inclusive; sec. 23, W½; secs. 27, 28, and 29; sec. 30, N½, N½SE¼, and SE¼SE¼ ; sec. 31, E½NE¼ and E½SE¼; secs. 32, 33, and 34; T. 21 N., R. 2 E., all; T. 22 N., H. 2 E., sec. 25, SE¼NE¼ and N½ NW¼; sec. 26, N½NE¼; sec. 36, N½NE¼ and SE¼ NE¼; T. 18 N., R. 3 B., secs. 6, 7, 8, 9, and 15, those parts lying south and west of road; secs. 16, 17, and 18; T. 21 N., R. 3 E., sec. 16, W½NE¼ and NW¼: sec. 17, NE¼, E½NW¼, NE¼SW¼, and NW¼4SE¼; sec. 28, N½NW¼, SW¼NW¼, and NW¼SW¼; secs. 29, 30, and 31; sec. 32, N½NE¼ and NW¼; sec. 33, W½NW¼ and SE¼NW¼. Executive Order No. 6964 of February 5, 1935, as amended, withdrawing for classification and other purposes all vacant, unreserved, and unappropriated public lands in the State of Wisconsin and certain other States, is hereby amended to exclude from its provisions the public lands in the above-described area. This reservation shall be known as the Necedah Wildlife Management Area. FRANKLIN D ROOSEVELT The White House, May 28, 1941.
Executive Order 8763—Establishing the Necedah Wildlife Management Area
Executive Brief • At a Glance
Subject to valid existing rights, jurisdiction over the lands, together with the improvements thereon, acquired, or in process of acquisition, by the United States within the following-described area, comprising 114,964 acres, more or less, in Jackson, Juneau, Monroe, and Wood Counties, Wisconsin, be, and it is hereby, transferred to the Department of the Interior, together with such equipment in use in connection with such lands as may be designated by the Secretary of Agriculture; and the lands hereby transferred, together with all of the intermingled public lands, comprising 100 acres, more or less, within such area, are hereby reserved as a refuge and breeding ground for native birds and other wildlife and for research relating to…
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 May 28, 1941, this order concerns Establishing the Necedah Wildlife Management Area. Subject to valid existing rights, jurisdiction over the lands, together with the improvements thereon, acquired, or in process of acquisition, by the United States within the following-described area, comprising 114,964 acres, more or less, in Jackson, Juneau, Monroe, and Wood Counties, Wisconsin, be, and it is hereby, transferred to the Department of the Interior, together with such equipment in use in connection…
Key Directives & Operative Actions
Subject to valid existing rights, jurisdiction over the lands, together with the improvements thereon, acquired, or in process of acquisition, by the United States within the following-described area, comprising 114,964 acres, more or less, in Jackson, Juneau, Monroe, and Wood Counties, Wisconsin, be, and it is hereby, transferred to the Department of the Interior, together with such equipment in use in connection with such lands as may be designated by the Secretary of Agriculture; and the lands hereby transferred, together with all of the intermingled public lands, comprising 100 acres, more or less, within such area, are hereby reserved as a refuge and breeding ground for native birds and other wildlife and for research relating to…
Secretary of Agriculture shall retain such jurisdiction over the lands now in process of acquisition by the United States as may be necessary to enable him to complete their acquisition: FOURTH PRINCIPAL MERIDIAN T. 19 N., R. I E., secs. 1 to 4, inclusive; sec. 5, fractional NE¼, S½NW¼, N½SW¼, and SE¼; sec. 6, SE¼NE¼ and NE¼SE¼; sec. 8, NEI¼; secs. 9 to 16, inclusive; sec. 17, N½NE¼, and SE¼NE¼; sec. 19, SE¼NE¼; sec. 20, S¼,N½ and S½; secs. 21 to 28, inclusive; sec. 29, E½; sec. 32, E½; secs. 33 to 36, inclusive; T. 20 N., R. 1 E., secs. 1 to 4, inclusive; sec. 7, fractional SW¼SW¼; secs. 10, 11, and 12; T. 21 N., R. 1 8., all; T. 18 N., R. 2 E., secs. 1 and 2; sec. 3, E½; sec. 6, NW¼NE¼, N½NW¼, and SW¼NW¼; secs. 10 to 15, inclusive; T.…
Executive Order No. 6964 of February 5, 1935, as amended, withdrawing for classification and other purposes all vacant, unreserved, and unappropriated public lands in the State of Wisconsin and certain other States, is hereby amended to exclude from its provisions the public lands in the above-described area.
This reservation shall be known as the Necedah Wildlife Management Area.
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
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 in close harmony with statutory authority and standard Article II supervisory execution.
Scholarly & Legal Citations
Exec. Order No. 8763 (May 28, 1941), https://executiveordersarchive.org/orders/app-executive-order-8763-establishing-the-necedah-wildlife-management-area.