US History/US History (Bureau Development Inc.)(1991).ISO/dp/0106/01067.txt

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$Title{Presidential Proclamations & Executive Orders
Chapter 10B       Energy}
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$Author{National Archives and Records Administration}
$Affiliation{National Archives}
$Subject{order
energy
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$Volume{}
$Date{1989}
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Book:        Presidential Proclamations & Executive Orders
Author:      National Archives and Records Administration
Affiliation: National Archives
Date:        1989

Chapter 10B       Energy

Executive Order 11932 - Classification of certain information and material
     obtained from advisory bodies created to implement the International
     Energy Program

     SOURCE:  The provisions of Executive Order 11932 of Aug. 4, 1976, appear
at 41 FR 32691, 3 CFR, 1976 Comp., p. 140, unless otherwise noted.

     The United States has entered into the Agreement on an International
Energy Program of November 18, 1974, which created the International Energy
Agency.  This program is a substantial factor in the conduct of our foreign
relations and an important element of our national security.  The
effectiveness of the Agreement depends significantly upon the provision and
exchange of information and material by participants in advisory bodies
created by the International Energy Agency.  Confidentiality is essential to
assure the free and open discussion necessary to accomplish the tasks assigned
to those bodies.  I have consulted with the Secretary of State, the Attorney
General and the Administrator of the Federal Energy Administration concerning
the handling and safeguarding of information and material in the possession of
the United States which has been obtained pursuant to the program, and I find
that some of such information and material requires protection as provided in
Executive Order No. 11652 of March 8, 1972, as amended.

     NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States, and as President of the United
States, it is hereby ordered as follows:

     SECTION 1. Information and material obtained pursuant to the
International Energy Program and which requires protection against
unauthorized disclosure in the interest of the national defense or foreign
relations of the United States shall be classified pursuant to Executive Order
No. 11652 of March 8, 1972, as amended.  The Secretary of State shall have the
responsibility for the classification, declassification and safeguarding of
information and material in the possession of the United States Government
which has been obtained pursuant to:

     (a) Section 252 (c)(3), (d)(2) or (e)(3) of the Energy Policy and
Conservation Act (89 Stat. 871; 42 U.S.C. 6272 (c)(3), (d)(2), (e) (3)), or

     (b) The Voluntary Agreement and Program relating to the International
Energy Program (40 FR 16041, April 18, 1975), or

     (c) Any similar Voluntary Agreement and Program entered into under the
Energy Policy and Conservation Act after the date of this Order.

     SEC. 2. Information or material classified pursuant to Section 1 of this
Order may be exempted from the General Declassification Schedule established
by Section 5 of Executive Order No. 11652 if it was obtained by the United
States on the understanding that it be kept in confidence, or if it might
otherwise be exempted under Section 5(B) of such Order.

     SEC. 3. (a) Within 60 days of the date of this Order, the Secretary of
State shall promulgate regulations which implement his responsibilities under
this Order.

     (b) The directives issued under Section 6 of Executive Order No. 11652
shall not apply to information and material classified under this Order.
However, the regulations promulgated by the Secretary of State shall:

     (1) conform, to the extent practicable, to the policies set forth in
Section 6 of Executive Order No. 11652; and

     (2) provide that he may take such measures as he deems necessary and
appropriate to ensure the confidentiality of any information and material
classified under this Order that may remain in the custody or control of any
person outside the United States Government.

Executive Order 12038 - Relating to certain functions transferred to the
     Secretary of Energy by the Department of Energy Organization Act

     SOURCE:  The provisions of Executive Order 12038 of Feb. 3, 1978, appear
at 43 FR 4957, 3 CFR, 1978 Comp., p. 136, unless otherwise noted.

     By virtue of the authority vested in me as President of the United States
of America, in order to reflect the responsibilities of the Secretary of
Energy for the performance of certain functions previously vested in other
officers of the United States by direction of the President and subsequently
transferred to the Secretary of Energy pursuant to the Department of Energy
Organization Act (91 Stat. 565; 42 U.S.C. 7101 et seq.), it is hereby ordered
as follows:

     SECTION 1. Functions of the Federal Energy Administration.

[Sec. 1 amends EO 11647 of Feb. 10, 1972, which was revoked by EO 12149 of
July 20, 1979; EO 11790 of June 25, 1974, this chapter, p. 186; EO 11912 of
Apr. 13, 1976, this chapter, p. 187; and Proc. 3279 of Mar. 10, 1959, which
was revoked by Proc. 5141 of Dec. 22, 1983.  The amendments have been
incorporated into those documents codified in this volume.]

     SEC. 2. Functions of the Federal Power Commission.

[Sec. 2 amends EO 10485 of Sept. 3, 1953, this chapter, p. 181, and EO 11969
of Feb. 2, 1977, which was revoked by EO 12553 of Feb. 25, 1986.  The
amendments have been incorporated into EO 10485.  Additionally, Sec. 2 amended
EO 11331 of Mar. 6, 1967, which was revoked by EO 12319 of Sept. 9, 1981.]

     SEC. 3. Functions of the Secretary of the Interior.

[Sec. 3 amends EO 8526 of Aug. 27, 1940, Chapter 18, p. 322, and EO 11177 of
Sept. 16, 1964, Chapter 33, p. 667.  The amendments have been incorporated
into those orders.]

     SEC. 4. Functions of the Atomic Energy Commission and the Energy Research
and Development Administration.

[Sec. 4 modifies current Executive orders which refer to functions of the
Atomic Energy Commission, including specifically EO 10127 of May 23, 1950,
which was revoked by FR Doc. 61-9007 of Sept. 15, 1961 (26 FR 8883); EO 10865
of Feb. 20, 1960, Chapter 32, p. 628; EO 10899 of Dec. 9, 1960, Chapter 32, p.
632; EO 11057 of Oct. 18, 1962, Chapter 22, p. 361; EO 11477 of Aug. 7, 1969,
this chapter, p. 186; EO 11752 of Dec. 17, 1973, which was revoked by EO 12088
of Oct. 13, 1978; and EO 11761 of Jan. 17, 1974, which was revoked by EO 12553
of Feb. 25, 1986.  The modifications have been noted to those orders where
applicable.  Additionally, sec. 4 amended EO 11652 of Mar. 8, 1972, which was
revoked by EO 12065 of June 28, 1978; EO 11902 of Feb. 2, 1976, which was
revoked by EO 12058 of May 11, 1978; EO 11905 of Feb. 18, 1976, which was
superseded by EO 12036 of Jan. 24, 1978; EO 11345 of Apr. 20, 1967, which was
revoked by EO 12319 of Sept. 9, 1981; EO 11371 of Sept. 6, 1967, which was
revoked by EO 12319 of Sept. 9, 1981; EO 11578 of Jan. 13, 1971, which was
revoked by EO 12319 of Sept. 9, 1981; EO 11658 of Mar. 22, 1972, which was
revoked by EO 12319 of Sept. 9, 1981; and EO 11659 of Mar. 22, 1972, which was
revoked by EO 12319 of Sept. 9, 1981.]

     SEC. 5. Special Provisions Relating to Emergency Preparedness and
Mobilization Functions.

[Sec. 5 amends EO 10480 of Aug. 14, 1953, Chapter 32, p. 533 and EO 11490 of
Oct. 28, 1969, which was revoked by EO 12656 of Nov. 18, 1988.  The amendments
have been incorporated into EO 10480.]

     SEC. 6. This Order shall be effective as of October 1, 1977, the
effective date of the Department of Energy Organization Act pursuant to the
provisions of Section 901 thereof and Executive Order No. 12009 of September
13, 1977, and all actions taken by the Secretary of Energy on or after October
1, 1977, which are consistent with the foregoing provisions are entitled to
full force and effect.

Executive Order 12142 - The Alaska Natural Gas Transportation System

     SOURCE:  The provisions of Executive Order 12142 of June 21, 1979, appear
at 44 FR 36927, 3 CFR, 1979 Comp., p. 400, unless otherwise noted.

     By the authority vested in me as President by the Constitution and laws
of the United States of America, including Section 301 of Title 3 of the
United States Code and Sections 201 and 205 of Reorganization Plan No. 1 of
1979, it is hereby ordered as follows:

     1-101. Reorganization Plan No. 1 of 1979, not having been disapproved by
Congress (S. Res. 126, 125 Cong.  Rec. S 6563-64 (May 23, 1979); H. Res. 199,
125 Cong.  Rec. H 3950-51 (May 31, 1979)), shall be effective on July 1, 1979.

     1-102. In accord with Section 201 of that Plan, there is hereby
established the Executive Policy Board for the system for the transportation
of Alaska natural gas ("the System") as such system is defined in the Alaska
Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.).

     1-103. The Board shall consist of the Secretaries of the Departments of
Agriculture, Energy, Labor, Transportation, and the Interior, the
Administrator of the Environmental Protection Agency, the Chief of Engineers
of the United States Army, and the Chairman of the Federal Energy Regulatory
Commission.  Additional members may be elected to the Board by vote of a
majority of the members.  The Board will by majority vote elect a Chairman to
serve for a one-year term.

     1-104. The Board shall perform the following functions:

     (a) Advise the Federal Inspector for the Alaska Natural Gas
Transportation System (the "Federal Inspector") established by Reorganization
Plan No. 1 of 1979, on policy issues in accord with applicable law and
existing Departmental or Agency policies.

     (b) Provide advice, through the Federal Inspector, to the officers
representing and exercising the functions of the Federal Departments and
Agencies that concern the System ("Agency Authorized Officers").

     (c) Advise the Federal Inspector and the Agency Authorized Officers on
matters concerning enforcement actions.

     (d) At least every six months, assess the progress made and problems
encountered in constructing the System and make necessary recommendations to
the Federal Inspector.

     1-105. The Federal Inspector shall keep the Board informed of the
progress made and problems encountered in the course of construction of the
System.

     1-106. Whenever the Federal Inspector determines that implementation of
Departmental or Agency enforcement policies and procedures would require
action inconsistent with Section 9 of the Alaska Natural Gas Transportation
Act of 1976, the Federal Inspector shall issue a written statement of such
determination including a complete factual and legal basis for the
determination.  A copy of each statement shall be forwarded promptly to the
Board and made available to the public by the Federal Inspector.

     1-107. After written notice of a proposed enforcement action is given by
the Federal Inspector, the Federal Inspector will be subject to the rules of
procedure for ex parte contacts as reflected in the guidelines and policies of
Departments and Agencies from which the specific enforcement authority is
transferred.

     1-108. The Federal Inspector and all employees of the Office of the
Federal Inspector shall be subject to the provisions of Executive Order No.
11222, concerning standards of conduct for Federal employees.  The Federal
Inspector shall issue standards of conduct, pursuant to the Order, for the
Office of the Federal Inspector.

     1-109. To the extent permitted by law, each Department and Agency shall
cooperate with and furnish necessary information and assistance to the Board
in the performance of its functions.

     1-110. This Order shall be effective on July 1, 1979.

Executive Order 12185 - Conservation of petroleum and natural gas

     SOURCE:  The provisions of Executive Order 12185 of Dec. 17, 1979, appear
at 44 FR 75093, 3 CFR, 1979 Comp., p. 474, unless otherwise noted.

     By the authority vested in me as President of the United States of
America by Section 403(b) of the Powerplant and Industrial Fuel Use Act of
1978 (92 Stat. 3318; Public Law 95-620) and Section 301 of Title 3 of the
United States Code, in order to encourage additional conservation of petroleum
and natural gas by recipients of Federal financial assistance, it is hereby
ordered as follows:

     1-101. Each Federal agency, as that term is defined in Section 103(a)(25)
of the Powerplant and Industrial Fuel Act of 1978 (92 Stat. 3297), shall
effectuate through its financial assistance programs the purposes of that Act
relating to the conservation of petroleum and natural gas.

     1-102. Each Federal agency which extends financial assistance shall
review those programs of financial assistance and identify those which are
most likely to offer opportunities for significant conservation of petroleum
and natural gas.

     1-103. Within two months, and annually thereafter, each agency shall
publish for comment a list of those programs which it has identified as likely
to offer significant opportunity for conservation.  The public shall be given
60 days to submit comments, including suggestions for rules which would
effectuate the conservation purposes of the Act.

     1-104. After receiving public comment and suggestions, and after
consulting with the Director of the Office of Management and Budget, each
agency shall publish proposed rules designed to achieve conservation of
petroleum and natural gas in connection with the receipt of financial
assistance.

     Proposed rules should be published within 30 days of the close of the
comment period under Section 1-103.

     1-105. Final rules shall be adopted by each agency in accordance with the
provisions of Sections 102(b), 403(b) and 701(a) of the Powerplant and
Industrial Fuel Use Act of 1978, and the provisions of this Order, not later
than 180 days from the date of this Order.

     1-106. No one shall be awarded any financial assistance unless that award
complies with the provisions of the conservation rules adopted by the agency
pursuant to this Order.

     1-107. To the extent permitted by law and where not inconsistent with the
financial assistance program, final rules may provide for the reduction or
suspension of financial assistance under any award.  Such reduction or
suspension shall not be ordered until there has been an opportunity for
hearing on the record, and shall last for such time as the recipient fails to
comply with the terms of the conservation rule.

     1-108.  No conservation rule shall be adopted which is inconsistent with
the statutory provisions establishing the financial assistance program.

     1-109.  No conservation rule shall be used to enforce compliance with any
prohibition under the Act against any person or facility which has been
specifically determined by the Secretary of Energy as subject to or exempt
from a prohibition under the Act.  The conservation rules shall be used to
enforce other new ways of achieving the purposes of the Act related to the
conservation of petroleum and natural gas.

     1-110. In order to assess the effectiveness of this program, each agency
shall annually prepare a report on its activities in accord with Section
403(b)(1)(B) of the Act.  These reports shall be submitted to the President
through the Secretary of Energy.

     1-111. The Secretary of Energy shall prepare for the President's
consideration and transmittal to the Congress the report required by Section
403(c) of the Act.

     1-112. The Director of the Office of Management and Budget may issue any
rules, regulations, or orders he deems necessary to ensure the implementation
of this Order.  The Director may exercise any of the authority vested in the
President by Section 403(b) of the Act, and may redelegate such of that
authority as he deems appropriate to the head of any other agency.

Executive Order 12231 - Strategic petroleum reserve

     SOURCE:  The provisions of Executive Order 12231 of Aug. 4, 1980, appear
at 45 FR 52139, 3 CFR, 1980 Comp., p. 274, unless otherwise noted.

     By the authority vested in me as President of the United States of
America by Title VIII of the Energy Security Act (Public Law 96-294) and by
Section 301 of Title 3 of the United States Code, and in order to meet the
goals and requirements for the strategic petroleum reserve, it is hereby
ordered as follows:

     1-101. The functions vested in the President by Section 160(c) of the
Energy Policy and Conservation Act, as amended, are delegated to the Secretary
of Energy (42 U.S.C. 6240(c); see Section 801 of the Energy Security Act).

     1-102. The functions vested in the President by Section 7430(k) of Title
10 of the United States Code are delegated to the Secretary of Energy (see
Section 804(b) of the Energy Security Act).

     1-103. The functions vested in the President by Section 805(a) of the
Energy Security Act are, consistent with Section 2 of Executive Order No.
11790, as amended, delegated to the Secretary of Energy.

Executive Order 12235 - Management of natural gas supply emergencies

     SOURCE:  The provisions of Executive Order 12235 of Sept. 3, 1980, appear
at 45 FR 58803, 3 CFR, 1980 Comp., p. 278, unless otherwise noted.

     By the authority vested in me as President by the Constitution and
statutes of the United States of America, including Section 304(d) of the
Natural Gas Policy Act of 1978 (92 Stat. 3387; 15 U.S.C. 3364(d)) and Section
301 of Title 3 of the United States Code, and in order to assign management
responsibility in case of a natural gas supply emergency, it is hereby ordered
as follows:

     1-101. The functions vested in the President by Sections 301 through
304(c) of the Natural Gas Policy Act of 1978 (92 Stat. 3381-3387; 15 U.S.C.
3361-3364(c)) are delegated to the Secretary of Energy; except for the
authority to declare, extend, and terminate a natural gas supply emergency
pursuant to Section 301 thereof (15 U.S.C. 3361).

     1-102. The functions vested in the President by Section 607 of the Public
Utility Regulatory Policies Act of 1978 (92 Stat. 3171; 15 U.S.C. 717z) are
delegated to the Secretary of Energy; except for the authority to declare,
extend, and terminate a natural gas supply emergency pursuant to Section 607
(a) and (b) thereof (15 U.S.C. 717z (a) and (b)).

     1-103. The Secretary shall consult with the Administrator of the
Environmental Protection Agency, the Director of the Federal Emergency
Management Agency, and the heads of other Executive agencies in exercising the
functions delegated to him by this Order.

     1-104. All functions delegated to the Secretary by this Order may be
redelegated, in whole or in part, to the head of any other agency.

     1-105. All Executive agencies shall, to the extent permitted by law,
cooperate with and assist the Secretary in carrying out the functions
delegated to him by this Order.

Executive Order 12287 - Decontrol of crude oil and refined petroleum products

     SOURCE:  The provisions of Executive Order 12287 of Jan. 28, 1981, appear
at 46 FR 9909, 3 CFR, 1981 Comp., p. 124, unless otherwise noted.

     By the authority vested in me as President by the Constitution and
statutes of the United States of America, including the Emergency Petroleum
Allocation Act of 1973, as amended (15 U.S.C. 751 et seq.), and
notwithstanding the delegations to the Secretary of Energy in Executive Order
No. 11790, as amended by Executive Order No. 12038, and in order to provide
for an immediate and orderly decontrol of crude oil and refined petroleum
products, it is hereby ordered as follows:

     SECTION 1. All crude oil and refined petroleum products are exempted from
the price and allocation controls adopted pursuant to the Emergency Petroleum
Allocation Act of 1973, as amended. The Secretary of Energy shall promptly
take such action as is necessary to revoke the price and allocation
regulations made unnecessary by this Order.

     SEC. 2. Notwithstanding Section 1 of this Order;

     (a) All reporting and record-keeping requirements in effect under the
Emergency Petroleum Allocation Act, as amended, shall continue in effect until
eliminated or modified by the Secretary of Energy.  The Secretary of Energy
shall promptly review those requirements and shall eliminate them, except for
those that are necessary for emergency planning and energy information
gathering purposes required by law.

     (b) The State set-aside for middle distillates (Special Rule 10, 10 CFR
Part 211, Subpart A, Appendix A) shall remain in effect until March 31, 1981.

     (c) The special allocation of middle distillates for surface passenger
mass transportation (Special Rule 9, 10 CFR Part 211, Subpart A, Appendix A)
shall remain in effect until March 31, 1981.

     (d) The Buy-Sell lists and orders issued prior to this Order under the
Buy-Sell Program and the Emergency Buy-Sell Program (10 CFR 211.65) shall
remain in effect according to their terms and the Secretary of Energy may
issue such further orders as may be necessary to give effect to lists and
orders issued prior to this Order.

     (e) The Canadian Allocation Program (10 CFR Part 214) shall remain in
effect until March 31, 1981.

     SEC. 3. The Secretary of Energy may, pursuant to Executive Order No.
11790, as amended by Executive Order No. 12038, adopt such regulations and
take such actions as he deems necessary to implement this Order, including the
promulgation of entitlements notices for periods prior to this Order and the
establishment of a mechanism for entitlements adjustments for periods prior to
this Order.

     SEC. 4. The Secretary of Energy is authorized to take such other actions
as he deems necessary to ensure that the purposes of this Order are
effectuated.

     SEC. 5. Because advance notice of and public procedure on the decontrol
provided by this Order would be likely to cause actions that could lead to
economic distortions and dislocations, and would therefore be contrary to the
public interest, this Order shall be effective immediately.

Executive Order 12346 - Synthetic fuels

     SOURCE:  The provisions of Executive Order 12346 of Feb. 8, 1982, appear
at 47 FR 5993, 3 CFR, 1982 Comp., p. 132, unless otherwise noted.

     By the authority vested in me as President by Section 305(k) of the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2095(k)), and
having determined that the United States Synthetic Fuels Corporation is
established and fully operational consistent with the provisions of the United
States Synthetic Fuels Corporation Act of 1980 (Public Law 96-294; 94 Stat.
633 et seq.), and to provide for an orderly transition of synthetic fuel
responsibilities from the Department of Energy to the United States Synthetic
Fuels Corporation, it is hereby ordered as follows:

     SECTION 1. No new awards for purchases or commitments for financial
assistance shall be made under the provisions of Section 305 of the Defense
Production Act of 1950, as amended.

     SEC. 2. Synthetic fuels projects or actions initiated by the Department
of Energy shall, to the extent provided in the Supplemental Appropriations and
Rescissions Act, 1980 (Public Law 96-304; 94 Stat. 880-881), transfer to the
Corporation upon a majority vote of the Board of Directors of the Corporation,
and unexpended balances of the funds obligated for such projects shall be
transferred to the Corporation to the extent such projects are transferred to
the Corporation.

     SEC. 3. The balance of the amounts not committed or not conditionally
committed by the Department of Energy which were appropriated by Public Law
96-304 and Public Law 96-126 from the Energy Security Reserve to the
Department of Energy are available as provided in the Supplemental
Appropriations and Rescissions Act, 1981 (Public Law 97-12; 95 Stat. 48), to
carry out the provisions of Title I of the Energy Security Act (Public Law 96-
294; 94 Stat. 616 et seq.).

     SEC. 4. Executive Order No. 12242 of September 30, 1980 is revoked.

     SEC. 5. Notwithstanding the revocation of Executive Order No. 12242, the
provisions of that Order shall continue in full force and effect with respect
to any loan guarantee issued under the provisions of that Order.

Executive Order 12659 - Delegation of authority regarding the Naval Petroleum
     and Oil Shale Reserves

     SOURCE:  The provisions of Executive Order 12659 of Dec. 15, 1988, appear
at 53 FR 50911, 3 CFR, 1988 Comp., p. 616, unless otherwise noted.

     By virtue of the authority vested in me as President by the Constitution
and laws of the United States of America, including section 301 of title 3 and
sections 7427 and 7428 of title 10 of the United States Code, and in order to
meet the goals and requirements of the Naval Petroleum and Oil Shale Reserves,
it is hereby ordered as follows:

     SECTION 1. The functions vested in the President by sections 7427 and
7428 of title 10 of the United States Code are delegated to the Secretary of
Energy.

     SEC. 2. On or before June 30, 1991, the Secretary of Energy shall prepare
and submit to the President a comprehensive report of the agreements and
programs executed under the authority granted under this Order.  The authority
delegated herein expires after October 1, 1991.