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Executive Order 9234 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 9234—Establishing Ten Wildlife Management Areas

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Monday, August 31, 1942
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6 min read (1,219 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,219 words) • ● In Effect
🎯 Primary Mandate

Subject to valid existing rights, jurisdiction over the 47,207.55 acres, more or less, of lands, consisting of the tracts identified by number within the following-listed sites, together with the improvements thereon, acquired or in process of acquisition by the United States, 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 said lands 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…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Public Health & Medical Institutions

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 August 31, 1942, this order concerns Establishing Ten Wildlife Management Areas. Subject to valid existing rights, jurisdiction over the 47,207.55 acres, more or less, of lands, consisting of the tracts identified by number within the following-listed sites, together with the improvements thereon, acquired or in process of acquisition by the United States, be, and it is hereby, transferred to the Department of the Interior, together with such equipment in use in connection with such lands as…

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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Subject to valid existing rights, jurisdiction over the 47,207.55 acres, more or less, of lands, consisting of the tracts identified by number within the following-listed sites, together with the improvements thereon, acquired or in process of acquisition by the United States, 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 said lands 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…

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NEW YORK WILDLIFE PROJECT LA-NY-5 Site 1, Chautauqua County Tract No. Tract No. Tract No. Tract No. 46 54 68a 1805 48 56 1802 1841 49 67 1803 1861 50 68 1804 The reservation of Site 1 shall be known as the Canadaway Wildlife Management Area.

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Site 4, Allegany County Tract No. Tract No. Tract No. Tract No. 29a 48 66a 1810 34a 51 67 1811 34c 60 68a 1813 34d 63 69 1817 35 64 78 1843 44 65 78a 1844 46 66 79a 1854 47 The reservation of Site 4 shall be known as the Marshall Wildlife Management Area.

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Site 5, Allegany and Livingston Counties Tract No. Tract No. Tract No. Tract No. 24 45 56a 1828 26a 46 56b 1840 30 48 59 1845 31 53 62 1851 35 53a 1824 1857 37 55 1825 44 56 1827 The reservation of Site 5 shall be known as the Nunda Wildlife Management Area.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Public Health & Medical Institutions
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"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."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
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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.

Madisonian Stance: Concurring (Statutory)
AH

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.

Hamiltonian Stance: Supportive of Execution
GM

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.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

🛡️ High Constitutional Concordance
23 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates in close harmony with statutory authority and standard Article II supervisory execution.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
1,219
6,253 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
19.1
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

NEW YORK Whereas certain hereinafter-listed tracts of land in the State of New York, together with the improvements thereon, have been, or are in process of being, acquired by the United States in connection with the New York Land Project, LA-NY-4, Site 2, and New York Wildlife Project, LA-NY-5, Sites 1, 4, 5, 6, 7, 8, 9, 11, and 12, under 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 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 as President of the United States, it is ordered that, subject to valid existing rights, jurisdiction over the 47,207.55 acres, more or less, of lands, consisting of the tracts identified by number within the following-listed sites, together with the improvements thereon, acquired or in process of acquisition by the United States, 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 said lands 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 New York for use and management by its Conservation Department, 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 lease or cooperative agreement between the United States of America and the State of New York 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: NEW YORK LAND PROJECT LA-NY-4 Site 2, Schuyler and Tompkins Counties Tract No. Tract No. Tract No. Tract No. 1 29 54 79 2 30 55 79a 3 31 56 80 4 32 57 81 4a 36 58 84 11 37 60 97 12 39 61 106 13 40 62 107 14 41 64 1509 16 43 65 1513 17 44 66 1519 18 45 67 1522 19 46 68 1523 20 47 69 1534 21 48 70 1538 22 49 71 1539 23 50 72 1541 25 50a 73 1543 27 51 74 28 52 76 The reservation of Site 2 shall be known as the Cayuta Wildlife Management Area. NEW YORK WILDLIFE PROJECT LA-NY-5 Site 1, Chautauqua County Tract No. Tract No. Tract No. Tract No. 46 54 68a 1805 48 56 1802 1841 49 67 1803 1861 50 68 1804 The reservation of Site 1 shall be known as the Canadaway Wildlife Management Area. Site 4, Allegany County Tract No. Tract No. Tract No. Tract No. 29a 48 66a 1810 34a 51 67 1811 34c 60 68a 1813 34d 63 69 1817 35 64 78 1843 44 65 78a 1844 46 66 79a 1854 47 The reservation of Site 4 shall be known as the Marshall Wildlife Management Area. Site 5, Allegany and Livingston Counties Tract No. Tract No. Tract No. Tract No. 24 45 56a 1828 26a 46 56b 1840 30 48 59 1845 31 53 62 1851 35 53a 1824 1857 37 55 1825 44 56 1827 The reservation of Site 5 shall be known as the Nunda Wildlife Management Area. Site 6, Ontario and Yates Counties Tract No. Tract No. Tract No. Tract No. 2, b, c 5b 35 60 3 8 35a 64 3a 19 43 1839 4 29 44 1842 5 30 45 5a 34 51 The reservation of Site 6 shall be known as the Naples Wildlife Management Area. Site 7, Oswego County Tract No. Tract No. Tract No. Tract No. 1 16 38 1831 2 16a 39 1832 2a 17 40 1834 3 21 41 1835 4 21a 41a 1836 4b 22 47 1837 5 22a 51 1838 6 23 52 1846 6a 27 52a 1848 6b 28 53 1849 7 29 56 1852 7a 30 60a 1853 7b 31 65 1855 8 33 69 1856 10 34 1826 1858 12 35 1830 1860 13 36 The reservation of Site 7 shall be known as the Albion Wildlife Management Area. Site 8, Jefferson and Oswego Counties Tract No. Tract No. Tract No. Tract No. 1 29 43 59 1a 29a 43a 60 1b 30 46 61 7a 33 47 64 8 34 50 67 12a 35 55 1847 17 38 55a 1859 20 39a 56 26 42 57 The reservation of Site 8 shall be known as the Boylston Wildlife Management Area. Site 9, Madison County Tract No. Tract No. Tract No. Tract No. 10 28 63a 1808 11 29 65 1809 12 30 66 1812 21 35 69 1815 23a 40 72 1821 25 41 1806 1822 26 63 1807 1823 27 The reservation of Site 9 shall be known as the Tinselor Wildlife Management Area. Site 11, Delaware County Tract No. Tract No. Tract No. Tract No. 1 9a 9-l 9w 2 9b 9m 9x 3 9c 9n 10 4 9d 9o 11 5 9e 9p 12 6 9f 9q 13 6a 9g 9r 14 6b 9h 9s 15 7 9i 9t 1800 8 9j 9u 1801 9 9k 9v The reservation of Site 11 shall be known as the Walton Wildlife Management Area. Site 12, Albany County Tract No. Tract No. Tract No. Tract No. 6 23 38 52 9 24 39 53 11 25 41 1814 12 26 43 1816 14 32 44 1819 17 34 47 1820 20 35 48 1829 21 37 49a 1850 22 The reservation of Site 12 shall be known as the Berne Wildlife Management Area. FRANKLIN D ROOSEVELT The White House, August 31, 1942.

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Scholarly & Legal Citations

Exec. Order No. 9234 (Aug. 31, 1942), https://executiveordersarchive.org/orders/app-executive-order-9234-establishing-ten-wildlife-management-areas.