Automated Sync Active • Database updated as of Recent • Browse All Orders →
★
Executive Orders Archive

Every President • 1789 to Present
Search orders...
Executive Order 8361 Constitutional Neutral (+0.02)

Executive Order 8361—Amendment of Executive Order No. 6909 of November 21, 1934, Withdrawing Public Lands for Use in Connection With a Grazing Project

Franklin D. Roosevelt Franklin D. Roosevelt
•
Saturday, March 2, 1940
•
8 min read (1,653 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Franklin D. Roosevelt on 1940-03-02, establishes federal administrative policy concerning "Amendment of Executive Order No. 6909 of November 21, 1934, Withdrawing Public Lands for Use in Connection With a Grazing Project." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ 847, it is ordered that the said Executive Order No.
▪ 6909 of November 21, 1934, be, and it is hereby, amended as follows: 1.
▪ The withdrawal made by the order shall include only the following-described lands, and the rest of the lands heretofore constituting part of such withdrawal are excluded therefrom: BLACK HILLS MERIDIAN T.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions
Total Words
1,653
7,592 characters
Estimated Read Time
8 min
@ 200 words / min
Flesch-Kincaid
3
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 8361, Franklin D. Roosevelt (Mar 2, 1940). Available at https://executiveordersarchive.org/orders/app-executive-order-8361-amendment-executive-order-no-6909-november-21-1934-withdrawing-public.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
SOUTH DAKOTA Whereas by Executive Order No. 6909 of November 21, 1934, all of the unreserved and unappropriated public lands of the United States in Custer, Fall River, Jackson, and Pennington Counties, South Dakota, were temporarily withdrawn from settlement, location, sale, or entry, for classification and use as a grazing project pursuant to the submarginal land program of the Federal Emergency Relief Administration, such project being known as the Badlands-Fall River Land Utilization Project; and Whereas by Executive Order No. 6910 of November 26, 1934, all of the vacant, unreserved, and unappropriated public land in the State of South Dakota was temporarily withdrawn from settlement, location, sale, or entry, and reserved for classification, and pending determination of the most useful purpose to which such land might be put in consideration of the provisions of the act of June 28, 1934, 48 Stat. 1269, and for conservation and development of natural resources; and Whereas by reason of the transfer effected by Executive Order No. 7908 of June 9, 1938, the said Badlands-Fall River Land Utilization Project is now being administered pursuant to Title III of the Bankhead-Jones Farm Tenant Act of July 22, 1937 (50 Stat. 525) ; and Whereas a portion of the land withdrawn by the said Executive Order No. 6909 is no longer needed for the use of which it was withdrawn: Now, Therefore , by virtue of the authority vested in me by the act of June 25, 1910, c. 421, 36 Stat. 847, it is ordered that the said Executive Order No. 6909 of November 21, 1934, be, and it is hereby, amended as follows: 1. The words "pursuant to Title III of the Bankhead-Jones Farm Tenant Act of July 22, 1937 (50 Stat. 522)" are substituted for the words "pursuant to the submarginal land program of the Federal Emergency Relief Administration." 2. The withdrawal made by the order shall include only the following-described lands, and the rest of the lands heretofore constituting part of such withdrawal are excluded therefrom: BLACK HILLS MERIDIAN T. 7 S., R. 1 E., sec. 27, S½SE¼, NW¼SE¼, SW¼NE¼, and W½, sec. 28. S½N½ and S½, sec. 29, S½N½, and S½, sec. 30, S½N½, and S½, secs. 31 to 35, inclusive, sec. 36, SW¼SW¼; T. 8 S., R. 1 E., sec. 1, S½, NW¼ , and SW¼ NE¼, secs. 2 to 36, inclusive; T. 9 S., R. 1 E., all; T. 10 S., R. 1 E., all; T. 11 S., R. 1 E., all; T. 12 S., R. 1 E., all; T. 8 S., R. 2 E., sec. 6, SW¼SW¼, sec. 7, W½, and SW¼SE¼, sec. 17, SW¼ SW¼. sec. 18, W½, SE¼, W½NE¼, and SE¼NE¼, sec. 19, all, sec. 20, W½, W½SE¼ , and SE¼SE¼, secs, 28 to 34, inclusive; T. 9 S., R. 2 E., all; T. 10 S., R. 2 E., all; T. 11 S., R. 2 E., all; T. 12 S., R. 2 E., all; T. 11 S., R. 3 E., all; T. 12 S., R. 3 E., all; T. 11 S., R. 4 E., all; T. 12 S., R. 4 E., all; T. 10 S., R. 5 E., all; T. 11 S., R. 5 E., all; T. 12 S., R. 5 E., all; T. 10 S., R. 6 E., all; T. 11 S., R. 6 E., all; T. 12 S., R. 6 E., all; T. 11 S., R. 7 E., secs. 19 to 36, inclusive; T. 12 S., R. 7 E., all; T. 5 S., R. 8 E., secs. 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36, all; T. 6 S., R. 8 E., secs. 1 and 2, all, sec. 10, NE¼, and N½SE¼, secs. 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36, all; T. 7 S., R. 8 E., secs. 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35, 36, all; T. 8 S., R. 8 E., secs. 1 to 4, inclusive, sec. 8, NE¼, secs. 9 to 16, inclusive, sec. 17, S½NE¼, S½SW¼, and SE¼, secs. 21 to 29, inclusive, secs. 33 to 36, inclusive; T. 9 S., R. 8 E., secs. 1 to 4, inclusive, sec. 5, E½, sec. 8, E½, secs. 9 to 16, inclusive, sec. 17, E½, secs. 19 to 36, inclusive; T. 10 S.. R. 8 E., secs. 1 to 5, inclusive, sec. 6, E½, secs. 8 to 17, inclusive, secs. 20 to 29, inclusive, secs. 32 to 36, inclusive; T. 11 S., R. 8 E., all; T. 12 S., R. 8 E., all; T. 4 S., R. 9 E., all; T. 5 S., R. 9 E., all; T. 6 S., R. 9 E., all; T. 7 S., R. 9 E., all; T. 8 S., R. 9 E., all; T. 9 S., R. 9 E., all; T. 10 S., R. 9 E., all; T. 11 S., R. 9 E., all; T. 12 S., R. 9 E., all; T. 1 S., R. 10 E., secs. 19 to 22, inclusive, sec. 23, SW¼, sec. 25, W½, secs. 26 to 36, inclusive; T. 2 S., R. 10 E., secs. 1 to 24, inclusive, sec. 25, E½; T. 3 S., R. 10 E., sec. 17, SW¼SW¼, secs. 19 to 36, inclusive; T. 4 S., R. 10 E., all; T. 5 S., R. 10 E., all; T. 1 S., R. 11 E., sec. 26, S½SE¼, and SE¼SW¼, sec. 32, SE¼, S½NE¼, and NE¼NE¼, sec. 33. SW¼, S½NW¼, SW¼NE¼, and W½SE¼, sec. 35, E½ and E½W½, sec. 36. all; T. 2 S., R. 11 E., all; T. 3 S., R. 11 E., all; T. 4 S., R. 11 E., all; T. 2 S., R. 12 E., sec. 4, lots 1, 2, 3, 4, S½N½, S½, secs. 5 to 8, inclusive, sec. 9, that area lying west of the Cheyenne River. sec. 16, that area lying west of the Cheyenne River, secs. 17 to 20, inclusive, sec. 21, that area lying west of the Cheyenne River, sec. 28, that area lying west of the Cheyenne River, secs. 29 to 32, inclusive, sec. 33, that area lying west of the Cheyenne River; T. 3 S., R. 12 E., sec. 4, S½SE¼ and W½,SW¼, secs. 5 to 9, inclusive, secs. 16 to 21, inclusive, sec. 22, S½, S½N½, and N½NW¼, sec. 23, S½ and S½NW¼, sec. 24, S½, secs. 25 to 36, inclusive; T. 4 S., R. 12 E., all; T. 3 S., R. 13 E., secs. 1 to 11, inclusive, sec. 12, N½, secs. 14 to 22, inclusive, sec. 23, N½, secs. 27 to 30, inclusive; T. 4 S., R. 13 E., secs. 1, 2, 11, 12, 13, 14, 23, and 24, all; T. I S., R. 14 E., sec. 4, all, sec. 5, that area lying east of the Cheyenne River, sec. 7, that area lying south of the Cheyenne River, sec. 8, that area lying east of the Cheyenne River, sec. 9, all; secs. 13 to 17, inclusive, sec. 18, that area lying south of the Cheyenne River, sec. 19, N'½, N½S½, SE¼SW¼, and SW¼SE¼, sec. 20, N½, N½S½, and S½SE¼, secs. 21 to 28, inclusive. sec. 29, E½NE¼, and NE¼SE¼, sec. 30, NW¼NE¼ and NE¼NW¼, sec. 33, NE¼NE¼, sec. 34, N½N½, sec. 35, N½N½, sec. 36, N½N½; T. 2 S., R. 14 E., sec. 31, SE¼SE¼; T. 3 S., R. 14 E., secs. 5 and 6, all, sec. 7, N½, sec. 8, N½, secs. 20 and 21, all, secs. 28 to 34, inclusive; T. 4 S., R. 14 E., all; T. 1 S., R. 15 E., secs. 13 to 30, inclusive, sec. 31, N½N½, sec. 33, N½, secs. 34 to 36, inclusive; T. 2 S., R. 15 E., sec. 1, N½ and SE¼; T. 3 S., R. 15 E., sec. 11, E½ E½, secs. 12 and 13, all, sec. 14, E½E½, sec. 22, E½, secs. 23 to 26, inclusive, sec. 27, E½, sec. 34, E½, secs. 35 and 36, all; T. 4 S., R. 15 E., all; T. 1 S., R. 16 E., secs. 1 to 5, inclusive, secs. 7 to 36, inclusive; T. 2 S., R. 16 E., secs. 1 to 6, inclusive, sec. 7, N½, sec. 8, N½, secs. 9 to 13, inclusive, secs. 24, 25, and 36, all; T. 3 S., R. 16 E., sec. 1, N½, sec. 3, SW¼, secs. 4 to 10, inclusive, sec. 11, SW¼, secs. 14 to 23, inclusive, secs. 25 to 36, inclusive; T. 4 S., R. 16 E., all; T. 1 S., R. 17 E., secs. 7, and 13 to 36, inclusive; T. 2 S., R. 17 E, all; T. 3 S., R. 17 E., secs. 1 to 5, inclusive, sec. 6, N½, SE¼, and E½SW¼, secs. 30 and 31, all; T. 4 S., R. 17 E., secs. 6, 7, 18, all; T. 1 S., R. 18 E., secs. 13 to 36, inclusive; T. 2 S., R. 18 E., all; T. 3 S., R. 18 E., secs. 1 to 12, inclusive, sec. 31, all, sec. 32. S½, sec. 33, S½, sec. 34, S½, sec. 35, S½, sec. 36, S½; T. 4 S., R. 18 E., all; T. 1 S., R. 19 E., secs. 13 to 36, inclusive; T. 2 S., R. 19 E., all; T. 3 S., R. 19 E., secs. 1 to 15, inclusive, secs. 22 to 27, inclusive, sec. 31, S½, sec. 32, S½, sec. 33, S½, secs. 34 to 36, inclusive; T. 4 S., R. 19 E., all; T. 1 S., R. 20 E., secs. 13 to 36, inclusive: T. 2 S., R. 20 E., all; T. 3 S., R. 20 E., all; T. 4 S., R. 20 E., all; T. 2 S., R. 21 E., secs. 31 to 36, inclusive; T. 3 S., R. 21 E., all; T. 4 S., R. 21 E., all; T. 2 S., R. 22 E., sec. 31, all; T. 8 S., R. 22 E., secs. 6, 7, 18, and 19, all. FRANKLIN D ROOSEVELT The White House, March 2, 1940.