ARIZONA By virtue of the authority vested in me by the act of July 9, 1918, c. 143, 40 Stat. 845, 848 (U.S.C. title 10, sec. 1341), it is ordered that, subject to valid existing rights, the public lands in the following-described areas be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and reserved for the use of the War Department as an aerial gunnery range: GILA AND SALT RIVER MERIDIAN T. 7 S., R. 1 W., secs. 13 to 36, inclusive, unsurveyed; Tps. 8 and 9 S., R. 1 W., all, unsurveyed; T. 7 S., R. 2 W., secs. 13 to 36, inclusive, unsurveyed; Tps. 8 and 9 S., R. 2 W., all, unsurveyed; T. 7 S., R. 3 W., secs. 13 to 36, inclusive; Tps. 8 and 9 S., R. 3 W., all; T. 10 S., R. 3 W., secs. 4 to 9, 16 to 21 and 28 to 33, inclusive, unsurveyed; T. 7 S., R. 4 W., secs. 13 to 36, inclusive; Tps. 8, 9 and 10 S., R. 4 W., all, partly unsurveyed; T. 7 S., R. 5 W., secs. 13 to 36, inclusive; Tps. 8, 9 and 10 S., R. 5 W., all, partly unsurveyed; T. 7 S., R. 6 W., secs. 13 to 36, inclusive; Tps. 8, 9 and 10 S., R. 6 W., all, partly unsurveyed; T. 7 S., R. 7 W., secs. 13 to 36, inclusive; Tps. 8 to 12 S., R. 7 W., all, partly unsurveyed; T. 7 S., R. 8 W., secs. 13 to 36, inclusive; Tps. 8 to 12 S., R. 8 W., all, unsurveyed; T. 7 S., R. 9 W., secs. 13 to 36, inclusive; Tps. 8 to 12 S., R. 9 W., all, unsurveyed; Tps. 8 to 12 S., R. 10 W., all, partly unsurveyed; Tps. 8 to 12 S., R. 11 W., all, partly unsurveyed; Tps. 8 and 9 S.. R. 11½ W., all. The areas described, including both public and nonpublic lands, aggregate approximately 1,077,500 acres. This order shall take precedence over, but shall not rescind or revoke (1) Executive Order No. 6910, of November 26, 1934, as amended, so far as such order affects any of the lands in the above-described areas, (2) Executive Order No. 8038 of January 25, 1939, establishing the Cabeza Prieta Game Range, so far as such order affects the public lands in T. 11 S., Rs. 7 and 8 W., and T. 12 S., Rs. 7 to 11 W., (3) the order of the Secretary of the Interior of July 14, 1938, establishing Grazing District No. 3, so far as such order affects any of the public lands in the above-described areas, and (4) the order of the Secretary of the Interior of March 14, 1929, withdrawing certain lands under the provisions of the Reclamation Act of June 17, 1902 (32 Stat. 388), so far as such order affects the public lands in Ts. 8 to 11 S., R. 11 W., and Ts. 8 and 9 S., R. 11½ W. After the present national defense emergency has been officially terminated, this order, so far as it affects such lands heretofore withdrawn for reclamation purposes, shall be ineffective upon notice to the War Department by the Secretary of the Interior that such lands are needed for reclamation purposes; and the use of any of the other lands in the above-described areas, heretofore withdrawn for the purposes indicated, shall, at that time, revert to the present using agencies upon the issuance of an appropriate order by the President. The local army commandant in charge of the lands hereby reserved will, after consultation with the local representatives of the Fish and Wildlife Service and the Grazing Service, Department of the Interior, designate not less than two days a month, exclusive of Saturdays and Sundays, on which there will be no firing, to enable the field personnel of such services to carry out their normal patrol and maintenance activities. The lands in T. 11 S., Rs. 7 and 8 W., T. 12 S., Rs. 7 to 11 W., shall be used by the War Department for aerial gunnery and tow-target firing, and for no other type of firing. FRANKLIN D ROOSEVELT The White House, September 5, 1941.
Executive Order 8892—Withdrawing Public Lands for Use of the War Department
Executive Brief • At a Glance
Subject to valid existing rights, the public lands in the following-described areas be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and reserved for the use of the War Department as an aerial gunnery range: GILA AND SALT RIVER MERIDIAN T. 7 S., R. 1 W., secs. 13 to 36, inclusive, unsurveyed; Tps. 8 and 9 S., R. 1 W., all, unsurveyed; T. 7 S., R. 2 W., secs. 13 to 36, inclusive, unsurveyed; Tps. 8 and 9 S., R. 2 W., all, unsurveyed; T. 7 S., R. 3 W., secs. 13 to 36, inclusive; Tps. 8 and 9 S., R. 3 W., all; T. 10 S., R. 3 W., secs. 4 to 9, 16 to 21 and 28 to 33, inclusive, unsurveyed; T. 7 S., R. 4 W., secs. 13 to 36, inclusive; Tps. 8, 9 and 10 S., R. 4 W., all…
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 5, 1941, this order concerns Withdrawing Public Lands for Use of the War Department. Subject to valid existing rights, the public lands in the following-described areas be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and reserved for the use of the War Department as an aerial gunnery range: GILA AND SALT RIVER MERIDIAN T. 7 S., R. 1 W., secs. 13 to 36, inclusive, unsurveyed; Tps. 8 and 9 S., R. 1 W., all, unsurveyed; T. 7 S.…
Key Directives & Operative Actions
Subject to valid existing rights, the public lands in the following-described areas be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and reserved for the use of the War Department as an aerial gunnery range: GILA AND SALT RIVER MERIDIAN T. 7 S., R. 1 W., secs. 13 to 36, inclusive, unsurveyed; Tps. 8 and 9 S., R. 1 W., all, unsurveyed; T. 7 S., R. 2 W., secs. 13 to 36, inclusive, unsurveyed; Tps. 8 and 9 S., R. 2 W., all, unsurveyed; T. 7 S., R. 3 W., secs. 13 to 36, inclusive; Tps. 8 and 9 S., R. 3 W., all; T. 10 S., R. 3 W., secs. 4 to 9, 16 to 21 and 28 to 33, inclusive, unsurveyed; T. 7 S., R. 4 W., secs. 13 to 36, inclusive; Tps. 8, 9 and 10 S., R. 4 W., all…
This order shall take precedence over, but shall not rescind or revoke (1) Executive Order No. 6910, of November 26, 1934, as amended, so far as such order affects any of the lands in the above-described areas, (2) Executive Order No. 8038 of January 25, 1939, establishing the Cabeza Prieta Game Range, so far as such order affects the public lands in T. 11 S., Rs. 7 and 8 W., and T. 12 S., Rs. 7 to 11 W., (3) the order of the Secretary of the Interior of July 14, 1938, establishing Grazing District No. 3, so far as such order affects any of the public lands in the above-described areas, and (4) the order of the Secretary of the Interior of March 14, 1929, withdrawing certain lands under the provisions of the Reclamation Act of June 17…
The local army commandant in charge of the lands hereby reserved will, after consultation with the local representatives of the Fish and Wildlife Service and the Grazing Service, Department of the Interior, designate not less than two days a month, exclusive of Saturdays and Sundays, on which there will be no firing, to enable the field personnel of such services to carry out their normal patrol and maintenance activities.
The lands in T. 11 S., Rs. 7 and 8 W., T. 12 S., Rs. 7 to 11 W., shall be used by the War Department for aerial gunnery and tow-target firing, and for no other type of firing.
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 in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
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
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
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 8892 (Sept. 5, 1941), https://executiveordersarchive.org/orders/app-executive-order-8892-withdrawing-public-lands-for-use-the-war-department.