CHAPTER II-EXECUTIVE ORDERS [NOTE: The text of the following Executive orders conforms exactly to the original document on file in The National Archives.] EXECUTIVE ORDER 8031 EXECUTIVE ORDER 8034 BOARD REVOCATION OF EXECUTIVE ORDER NO. ESTABLISHING THE FEDERAL REAL ESTATE 4130 OF JANUARY 22, 1925, WITHDRAWING PUBLIC LAND FOR FISH HATCHERY OREGON By virtue of and pursuant to the authority vested in me by the act of June 25, 1910, ch. 421, 36 Stat. 847, Executive Order No. 4130 of January 22, 1925, withdrawing public land for use as a fish hatchery, is hereby revoked. FRANKLIN D ROOSEVELT THE WHITE HOUSE, January 9, 1939. EXECUTIVE ORDER 8033 DESIGNATING THE DIRECTOR OF PLANNING OF THE NATIONAL CAPITAL PARK AND PLANNING COMMISSION AS A MEMBER OF THE ALLEY DWELLING AUTHORITY By virtue of and pursuant to the authority vested in me by the District of Columbia Alley Dwelling Act, approved June 12, 1934 (48 Stat. 930), the Director of Planning of the National Capital Park and Planning Commission is hereby designated as a member of the Alley Dwelling Authority vice the Executive Officer of the National Capital Park and Planning Commission. Executive Order No. 6868 of October 9, 1934, designating the members of the Alley Dwelling Authority, as amended by Executive Order No. 7784-A of January 5, 1938,' is modified accordingly. FRANKLIN D ROOSEVELT By virtue of the authority vested in me as President of the United States, it is ordered as follows: 1. There is hereby established the Federal Real Estate Board to be composed of representatives designated by the heads of the following-named Executive departments and agencies, each department and agency to have one representative: Treasury Department (Procurement Division), Department of Agriculture, Department of Commerce, Department of the Interior, Department of Justice, Navy Department, War Department, Tennessee Valley Authority, and Bureau of the Budget. The Board may authorize representation thereon of any other Executive department or agency, such representatives to be designated as stated above. Pending selection of a permanent chairman by the Board the representative of the Treasury Department shall serve as temporary chairmen. The members of the Board shall be officers or employees of the department or agency which they represent, and shall serve without additional compensation and without entailing additional expense to the Government. 2. The Secretary of the Treasury is requested to cause to be maintained by the Procurement Division of the Treasury Department a permanent current record of all Federal real estate, and the several Executive departments and agencies are requested to furnish, upon request of the Director of the Procurement Division, such information as may be required to maintain such record. 3. The heads of the several Executive departments and agencies are requested to supply to the Procurement Division, | fied laborers, subject to the approval of for use of the Federal Real Estate Board, the Civil Service Commission." a current record of all real property under their respective jurisdictions which is not being utilized, in whole or in part, for the purposes of their own department or agency. The Board shall consult with, and make recommendations to, the Procurement Division and to the Executive departments and agencies concerned, with respect to such disposition of surplus real property as will best serve the interests of the Government. 4. Executive departments and agencies contemplating the acquisition of additional real property are requested, before acquiring such property, to ascertain from the Procurement Division whether there is any real property in Federal ownership that may be made available for the purpose contemplated, and, in all cases in which such action may appear desirable, to consult with the Federal Real Estate Board regarding the acquisition of such Federal property for the use of their own department or agency. 5. The Federal Real Estate Board shall study, and make appropriate recommendations regarding, the situation in different communities adversely affected by the loss of tax revenue on land purchased or acquired by the Federal Government. FRANKLIN D ROOSEVELT EXECUTIVE ORDER 8035 AMENDMENT OF PARAGRAPH 5, SUBDIVISION IV, SCHEDULE B, CIVIL SERVICE RULES By virtue of and pursuant to the authority vested in me by paragraph Eighth, subdivision SECOND, section 2 of the Civil Service Act (22 Stat. 403, 404), it is ordered that paragraph 5, Subdivision IV, Schedule B of the Civil Service Rules 1 be, and it is hereby, amended to read as follows: "5. Classified positions in the Ordnance Department at Large, and in the Chemical Warfare Service at Large at Edgewood Arsenal, Maryland, War Department, when filled by the promotion of unclassi 13 F.R. 2359; 3 CFR, 1938 Supp., page 133. This order, which is recommended by the Civil Service Commission in view of the agreement by the War Department that hereafter unclassified laborer positions under the Chemical Warfare Service at Large at Edgewood Arsenal will be filled through appointment from appropriate classified registers as provided in section 3 of Civil Service Rule II, will permit unskilled laborers appointed from the unclassified laborer register to advance upon noncompetitive examination to classified positions in the Chemical Warfare Service at Large, but will not accord to such promoted employees a classified status or render them eligible for transfer to classified positions in other branches of the Federal service. FRANKLIN D ROOSEVELT THE WHITE HOUSE, January 16, 1939. EXECUTIVE ORDER 8036 AMENDING THE FOREIGN SERVICE REGULA- By virtue of and pursuant to the authority vested in me by section 1752 of the Revised Statutes of the United States (22 U. S. C. sec. 132), I hereby amend the Foreign Service Regulations of the United States as follows: 1. The following-designated sections of the Regulations are hereby canceled: 4, 1930, No. 5468 of October 22, 1930, and | United States, it is ordered that the No. 5526 of January 7, 1931. FRANKLIN D ROOSEVELT THE WHITE HOUSE, January 18, 1939. EXECUTIVE ORDER 8037 ESTABLISHING THE PIEDMONT WILDLIFE GEORGIA By virtue of and pursuant to the authority vested in me as President of the lands acquired, or to be acquired, by the United States within the areas delineated on the diagram attached hereto and made a part hereof in Jasper and Jones Counties, Georgia, be, and they are hereby, reserved and set apart, subject to valid existing rights, for the use of the Department of Agriculture as a refuge and breeding ground for birds and other wildlife: Provided, that any private lands within the areas delineated shall become a part of the refuge upon the acquisition of title thereto or control thereof by the United States. It is unlawful for any person to hunt, trap, capture, wilfully disturb, or kill any bird or wild animal of any kind whatsoever within the limits of this refuge, or to enter thereon, except under such rules and regulations as may be prescribed by the Secretary of Agri culture. Beginning at the corner common to unsurveyed Tps. 11 and 12 S., Rs. 16 and 17 W. Thence easterly with the north boundary of unsurveyed T. 12 S., Rs. 16 to 9 W., inclusive, This reservation shall be known as the approximately 48 miles, to the corner common to unsurveyed Tps. 11 and 12 S., Rs. 8 Piedmont Wildlife Refuge. and 9 W.; FRANKLIN D ROOSEVELT THE WHITE HOUSE, EXECUTIVE ORDER 8038 Thence northerly with the west boundary of unsurveyed T. 11 S., R. 8 W., approximately 6 miles, to the corner common to unsurveyed Tps. 10 and 11 S., Rs. 8 and 9 W.; Thence easterly with the north boundary of unsurveyed T. 11 S., Rs. 8 and 7 W., approximately 12 miles, to the northwest corner of T. 11 S., R. 6 W.; Thence southerly with the west boundary ESTABLISHING THE CABEZA PRIETA GAME of Tps. 11, 12, 13, and 14 S., R. 6 W., approx RANGE ARIZONA By virtue of and pursuant to the authority vested in me as President of the United States, and by the act of June 25, 1910, ch. 421, 36 Stat. 847, as amended by the act of August 24, 1912, ch. 369, 37 Stat. 497, it is ordered as follows: imately 21 miles, to the corner of Secs. 18 and 19, T. 14 S., R. 6 W., and Secs. 13 and 24, unsurveyed T. 14 S., R. 7 W., in the north boundary of the Organ Pipe Cactus National Monument; Thence following the north boundary of said Organ Pipe Cactus National Monument, westerly with the third latitudinal section line through unsurveyed T. 14 S., Rs. 7 and 8 W., to the corner of Secs. 15, 16, 21, and 22, unsurveyed T. 14 S., R. 8 W., which point is also the northwest corner of the Organ Pipe Cactus National Monument; the west boundary of unsurveyed T. 14 S., R. 16 W.; tional Boundary, approximately 56 miles, to Thence northerly with the west boundary of unsurveyed Tps. 14, 13, and 12 S., R. 16 W., approximately 13 miles, to the place of beginning; excepting therefrom those parts of a strip of land 60 feet wide, lying along the International Boundary, reserved under the proclamation of May 27, 1907 (35 Stat. 2136). Thence following the west boundary of said SECTION 1. Subject to the conditions Organ Pipe Cactus National Monument, expressed in the above-mentioned acts southerly with the third meridianal section and to all valid rights, the following-line through unsurveyed Tps. 14, 15, 16, and 17 S., R. 8 W., approximately 17 miles to its described lands, in so far as title thereto intersection with the International Boundary is in the United States, are hereby with-between the United States and Mexico; drawn from settlement, location, sale, or Thence northwesterly with said Internaentry, and reserved and set apart for the conservation and development of natural wildlife resources, and for the protection and improvement of public grazing lands and natural forage resources: Provided, That nothing herein contained shall restrict prospecting, locating, developing, mining, entering, leasing, or patenting the mineral re- SECTION 2. This range or preserve, so sources of the lands under the applicable far as it relates to conservation and delaws: Provided further, That any lands velopment of wildlife, shall be under the within the described area that are other- joint jurisdiction of the Secretaries of wise withdrawn or reserved will be af- the Interior and Agriculture, and they fected hereby only in so far as may be shall have power jointly to make such consistent with the uses and purposes rules and regulations for its protection, for which such prior withdrawal or res- administration, regulation, and improveervation was made: And provided fur- ment, and for the removal and disposither, That upon termination of any tion of surplus game animals as they private right to, or appropriation of, any may deem necessary to accomplish its public lands within the exterior limits purposes and not inconsistent with State of the area included in this order, or law, and the range or preserve being is in the United States, are hereby withdrawn from settlement, location, sale, or entry, and reserved and set apart for the conservation and development of natural wildlife resources, and for the protection and improvement of public grazing lands and natural forage resources: Provided, That nothing herein contained shall restrict prospecting, locating, developing, mining, entering, leasing, or patenting the mineral resources of the lands under the applicable laws: Provided further, That any lands within the described area that are otherwise withdrawn or reserved will be affected hereby only in so far as may be consistent with the uses and purposes for which such prior withdrawal or reservation was made: And provided further, That upon termination of any private right to, or appropriation of, any public lands within the exterior limits of the area included in this order, or upon the revocation of prior withdrawals unless expressly otherwise provided in the order of revocation, the lands involved shall become a part of the preserve: within a grazing district duly established | scribed lands, in so far as title thereto pursuant to the provisions of the act of June 28, 1934 (48 Stat. 1269), as amended by the act of June 26, 1936 (49 Stat. 1976), shall be under the exclusive jurisdiction of the Secretary of the Interior so far as it relates to the public grazing lands and natural forage resources thereof: Provided, however, That all the forage resources in excess of that required to maintain a balanced wildlife population within this range or preserve shall be available for domestic livestock under rules and regulations promulgated by the Secretary of the Interior under the authority of the aforesaid act of June 28, 1934, as amended: And provided further, That land within the exterior limits of the area herein described, hereafter acquired by the United States for the use of the Department of Agriculture for conservation of migratory birds in accordance with the Migratory Bird Conservation Act of February 18, 1929, 45 Stat. 1222, as amended by the Act of June 15, 1935, 49 Stat. 381, shall be, and remain under the exclusive administration of the Secretary of Agriculture and may be utilized for public grazing purposes only to such extent as may be determined by the said Secretary to be compatible with the utilization of said lands for the purposes for which they were acquired as aforesaid under regulations prescribed by him. SECTION 3: This preserve shall be known as the Cabeza Prieta Game Range. FRANKLIN D ROOSEVELT THE WHITE HOUSE, Jan 25, 1939 EXECUTIVE ORDER 8039 ESTABLISHING THE KOFA GAME RANGE ARIZONA GILA AND SALT RIVER MERIDIAN Tps. 1 and 2 N., R. 15 W., all; Tps. 1, 2, and 3 S., R. 16 W. (unsurveyed), all; Tps. 1 to 5 S., inclusive, R. 17 W. (unsur- Tps. 1 to 5 S., inclusive, R. 18 W. (unsur- T. 2 S., R. 19 W. (unsurveyed), secs. 1, 2, and T. 4 S., R. 19 W. (unsurveyed), secs. 1 to 4, T. 5 S., R. 19 W. (unsurveyed), secs. 1 to 4, inclusive; secs. 9 to 16, inclusive; secs. 21 By virtue of and pursuant to the au- to 28, inclusive; and secs. 33 to 36, inclusive. thority vested in me as President of the SECTION 2: This range or preserve, so United States, and by the act of June far as it relates to conservation and de25, 1910, ch. 421, 36 Stat. 847, as amend- velopment of wildlife, shall be under the ed by the act of August 24, 1912, ch. joint jurisdiction of the Secretaries of the 369, 37 Stat. 497, it is ordered as follows: Interior and Agriculture, and they shall SECTION 1. Subject to the conditions have power jointly to make such rules expressed in the above-mentioned acts and regulations for its protection, adminand to all valid rights, the following-de- |istration, regulation, and improvement, |