CALIFORNIA Whereas the land hereinafter described has been acquired by the United States for use of the War Department in the construction and operation of the Cerritos Channel; and Whereas the land is reported to be within the geologic structure of a producing oil field and subject to drainage of its oil and gas deposits by wells on adjacent lands held in private ownership; and Whereas it is necessary in the public interest that such protective action be taken as will prevent loss to the United States by reason of the drainage or threatened drainage of oil from the lands; and Whereas , in order to facilitate such action, it is considered advisable to transfer jurisdiction over such land so far as the oil and gas deposits are concerned to the Department of the Interior: Now, Therefore , by virtue of the authority vested in me as President of the United States, it is ordered as follows: 1. The jurisdiction over the oil and gas deposits in the following-described land in the State of California is hereby transferred from the War Department to the Department of the Interior: A tract of land 600 feet wide known as the Cerritos Channel, lying partly within the corporate limits of the City of Los Angeles, and partly within the corporate limits of the city of Long Beach, County of Los Angeles, State of California, and more particularly described as follows: Beginning at Station 13 of the "Inner Bay Exception" of the United States Patent to the Rancho San Pedro, said Station 13 also being U.S. Engineers Station 408; thence: N. 33°51' W., 631.32 feet along the line of said "Inner Bay Exception" to a point; thence: N. 74°16'41" E., 6,905.55 feet to a point, said point being S. 18°48' W., 18.24 feet from Station 36 of the San Pedro Rancho and Los Cerritos Compromise line; thence: Leaving said Compromise line S. 14°52'20" E., 500 feet to a point; thence: N. 88°20'10" W., 300 feet to Station 35 of the San Pedro Rancho and Los Cerritos Compromise Line; thence: S. 48°42' E., 228.21 feet to a point on said Compromise Line; thence: S. 74°16' W., 6,552.31 feet to the point of beginning, containing 92.64 acres, more or less. 2. The Secretary of the Interior shall take such action as may be necessary to protect the United States from loss on account of drainage or threatened drainage of oil and gas from such land. 3. The jurisdiction of the Department of the Interior over such land shall be subject to the primary jurisdiction of the War Department over the land for flood control and navigation purposes. 4. All moneys received as royalties under leases, or otherwise, on account of oil and gas extracted from such land shall be paid into the Treasury of the United States and credited to miscellaneous receipts. FRANKLIN D ROOSEVELT The White House, April 7, 1943.
Executive Order 9326—Transect of Jurisdiction Over Certain Land Containing Oil and Gas Deposits From the War Department to the Department of the Interior
Executive Brief • At a Glance
The jurisdiction over the oil and gas deposits in the following-described land in the State of California is hereby transferred from the War Department to the Department of the Interior: A tract of land 600 feet wide known as the Cerritos Channel, lying partly within the corporate limits of the City of Los Angeles, and partly within the corporate limits of the city of Long Beach, County of Los Angeles, State of California, and more particularly described as follows: Beginning at Station 13 of the "Inner Bay Exception" of the United States Patent to the Rancho San Pedro, said Station 13 also being U.S. Engineers Station 408; thence: N. 33°51' W., 631.32 feet along the line of said "Inner Bay Exception" to a point; thence: N. 74°16'41" E.…
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 April 7, 1943, this order concerns Transect of Jurisdiction Over Certain Land Containing Oil and Gas Deposits From the War Department to the Department of the Interior. The jurisdiction over the oil and gas deposits in the following-described land in the State of California is hereby transferred from the War Department to the Department of the Interior: A tract of land 600 feet wide known as the Cerritos Channel, lying partly within the corporate limits of the City of Los Angeles, and partly within the corporate limits of the city of Long Beach, County of Los Angeles, State of…
Key Directives & Operative Actions
The jurisdiction over the oil and gas deposits in the following-described land in the State of California is hereby transferred from the War Department to the Department of the Interior: A tract of land 600 feet wide known as the Cerritos Channel, lying partly within the corporate limits of the City of Los Angeles, and partly within the corporate limits of the city of Long Beach, County of Los Angeles, State of California, and more particularly described as follows: Beginning at Station 13 of the "Inner Bay Exception" of the United States Patent to the Rancho San Pedro, said Station 13 also being U.S. Engineers Station 408; thence: N. 33°51' W., 631.32 feet along the line of said "Inner Bay Exception" to a point; thence: N. 74°16'41" E.…
The Secretary of the Interior shall take such action as may be necessary to protect the United States from loss on account of drainage or threatened drainage of oil and gas from such land. 3.
The jurisdiction of the Department of the Interior over such land shall be subject to the primary jurisdiction of the War Department over the land for flood control and navigation purposes. 4.
All moneys received as royalties under leases, or otherwise, on account of oil and gas extracted from such land shall be paid into the Treasury of the United States and credited to miscellaneous receipts.
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
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 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. 9326 (Apr. 7, 1943), https://executiveordersarchive.org/orders/app-executive-order-9326-transect-jurisdiction-over-certain-land-containing-oil-and-gas.