[Executive Orders]

     EX. ORD. NO. 12038. TRANSFER OF CERTAIN FUNCTIONS TO SECRETARY OF
                                   ENERGY

      Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, as amended by Ex.
    Ord. No. 12156, Sept. 10, 1979, 44 F.R. 53073, provided:

      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. In
    accordance with the transfer of all functions vested by law in the
    Federal Energy Administration, or the Administrator thereof, to the
    Secretary of Energy pursuant to Section 301(a) of the Department of
    Energy Organization Act (subsec. (a) of this section), hereinafter
    referred to as the Act, the Executive Orders and Proclamations
    referred to in this Section, which conferred authority or
    responsibility upon the Administrator of the Federal Energy
    Administration, are amended as follows:

      (a) Executive Order No. 11647, as amended (formerly set out as a
    note under 31 U.S.C. 501), relating to Federal Regional Councils,
    is further amended by deleting 'The Federal Energy
    Administration' in Section 1(a)(10) and substituting 'The
    Department of Energy', and by deleting 'The Deputy Administrator
    of the Federal Energy Administration' in Section 3(a)(10) and
    substituting 'The Deputy Secretary of Energy'.

      (b) Executive Order No. 11790 of June 25, 1974 (set out as a note
    under 15 U.S.C. 761), relating to the Federal Energy Administration
    Act of 1974, is amended by deleting 'Administrator of the Federal
    Energy Administration' and 'Administrator' wherever they appear
    in Sections 1 through 6 and substituting 'Secretary of Energy'
    and 'Secretary', respectively, and by deleting Section 7 through
    10.

      (c) Executive Order No. 11912, as amended (set out as a note
    under 42 U.S.C. 6201), relating to energy policy and conservation,
    and Proclamation No. 3279, as amended (set out as a note under 19
    U.S.C. 1862), relating to imports of petroleum and petroleum
    products, are further amended by deleting 'Administrator of the
    Federal Energy Administration', 'Federal Energy Administration',
    and 'Administrator' (when used in reference to the Federal Energy
    Administration) wherever those terms appear and by substituting
    'Secretary of Energy', 'Department of Energy', and
    'Secretary', respectively, and by deleting 'the Administrator of
    Energy Research and Development' in Section 10(a)(1) of Executive
    Order No. 11912, as amended.

      Sec. 2. Functions of the Federal Power Commission. In accordance
    with the transfer of functions vested in the Federal Power
    Commission to the Secretary of Energy pursuant to Section 301(b) of
    the Act (subsec. (b) of this section), the Executive Orders
    referred to in this Section, which conferred authority or
    responsibility upon the Federal Power Commission, or Chairman
    thereof, are amended or modified as follows:

      (a) Executive Order No. 10485 of September 3, 1953, (set out as a
    note under 15 U.S.C. 717b), relating to certain facilities at the
    borders of the United States is amended by deleting Section 2
    thereof, and by deleting 'Federal Power Commission' and
    'Commission' wherever those terms appear in Sections 1, 3 and 4
    of such Order and substituting for each 'Secretary of Energy'.

      (b) Executive Order No. 11969 of February 2, 1977 (formerly set
    out as a note under 15 U.S.C. 717), relating to the administration
    of the Emergency Natural Gas Act of 1977 (formerly set out as a
    note under 15 U.S.C. 717), is hereby amended by deleting the second
    sentence in Section 1, by deleting 'the Secretary of the Interior,
    the Administrator of the Federal Energy Administration, other
    members of the Federal Power Commission and in Section 2, and by
    deleting 'Chairman of the Federal Power Commission' and
    'Chairman' wherever those terms appear and substituting therefor
    'Secretary of Energy' and 'Secretary', respectively.

      (c) Paragraph (2) of Section 3 of Executive Order No. 11331, as
    amended (formerly set out as a note under 42 U.S.C. 1962b),
    relating to the Pacific Northwest River Basins Commission, is
    hereby amended by deleting 'from each of the following Federal
    departments and agencies' and substituting therefor 'to be
    appointed by the head of each of the following Executive
    agencies', by deleting 'Federal Power Commission' and
    substituting therefor 'Department of Energy', and by deleting
    'such member to be appointed by the head of each department or
    independent agency he represents,'.

      Sec. 3. Functions of the Secretary of the Interior. In accordance
    with the transfer of certain functions vested in the Secretary of
    the Interior to the Secretary of Energy pursuant to Section 302 of
    the Act (42 U.S.C. 7152), the Executive Orders referred to in this
    Section, which conferred authority or responsibility on the
    Secretary of the Interior, are amended or modified as follows:

      (a) Sections 1 and 4 of Executive Order No. 8526 of August 27,
    1940, relating to functions of the Bonneville Power Administration,
    are hereby amended by substituting 'Secretary of Energy' for
    'Secretary of the Interior', by adding 'of the Interior' after
    'Secretary' in Sections 2 and 3, and by adding 'and the
    Secretary of Energy,' after 'the Secretary of the Interior'
    wherever the latter term appears in Section 5.

      (b) Executive Order No. 11177 of September 16, 1964, relating to
    the Columbia River Treaty, is amended by deleting 'Secretary of
    the Interior' and 'Department of the Interior' wherever those
    terms appear and substituting therefor 'Secretary of Energy' and
    'Department of Energy', respectively.

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

      (a) In accordance with the transfer of all functions vested by
    law in the Administrator of Energy Research and Development to the
    Secretary of Energy pursuant to Section 301(a) of the Act (subsec.

    (a) of this section) the Executive Orders referred to in this
    Section are amended or modified as follows:

      (1) All current Executive Orders which refer to functions of the
    Atomic Energy Commission, including Executive Order No. 10127, as
    amended; Executive Order No. 10865, as amended (set out as a note
    under 50 U.S.C. 435); Executive Order No. 10899 of December 9, 1960
    (set out as a note under 42 U.S.C. 2162); Executive Order No. 11057
    of December 18, 1962 (set out as a note under 42 U.S.C. 2162);
    Executive Order No. 11477 of August 7, 1969 (set out as a note
    under 42 U.S.C. 2187); Executive Order No. 11752 of December 17,
    1973 (formerly set out as a note under 42 U.S.C. 4331); and
    Executive Order No. 11761 of January 17, 1974 (formerly set out as
    a note under 20 U.S.C. 1221); are modified to provide that all such
    functions shall be exercised by (1) the Secretary of Energy to the
    extent consistent with the functions of the Atomic Energy
    Commission that were transferred to the Administrator of Energy
    Research and Development pursuant to the Energy Organization Act of
    1974 (Public Law 93-438; 88 Stat. 1233) (42 U.S.C. 5801 et seq.),
    and (2) the Nuclear Regulatory Commission to the extent consistent
    with the functions of the Atomic Energy Commission that were
    transferred to the Commission by the Energy Reorganization Act of
    1974 (42 U.S.C. 5801 et seq.).

      (2) Executive Order No. 11652, as amended (formerly set out as a
    note under 50 U.S.C. 435), relating to the classification of
    national security matters, is further amended by substituting
    'Department of Energy' for 'Energy Research and Development
    Administration' in Sections 2(A), 7(A) and 8 and by deleting
    'Federal Power Commission' in Section 2(B)(3).

      (3) Executive Order No. 11902 of February 2, 1976 (formerly set
    out as a note under 42 U.S.C. 5841), relating to export licensing
    policy for nuclear materials and equipment, is amended by
    substituting 'the Secretary of Energy' for 'the Administrator of
    the United States Energy Research and Development Administration,
    hereinafter referred to as the Administrator' in Section 1(b) and
    for the 'Administrator' in Sections 2 and 3.

      (4) Executive Order No. 11905, as amended, (formerly set out as a
    note under 50 U.S.C. 401), relating to foreign intelligence
    activities, is further amended by deleting 'Energy Research and
    Development Administration', 'Administrator or the Energy
    Research and Development Administration', and 'ERDA' wherever
    those terms appear and substituting 'Department of Energy',
    'Secretary of Energy', and 'DOE' respectively.
      (5) Section 3(2) of each of the following Executive Orders is
    amended by substituting 'Department of Energy' for 'Energy
    Research and Development Administration':

      (i) Executive Order No. 11345, as amended (formerly set out as a
    note under 42 U.S.C. 1962b), establishing the Great Lakes River
    Basin Commission.

      (ii) Executive Order No. 11371, as amended (formerly set out as a
    note under 42 U.S.C. 1962b), establishing the New England River
    Basin Commission.

      (iii) Executive Order No. 11578, as amended (formerly set out as
    a note under 42 U.S.C. 1962b), establishing the Ohio River Basin
    Commission.

      (iv) Executive Order No. 11658, as amended (formerly set out as a
    note under 42 U.S.C. 1962b), establishing the Missouri River Basin
    Commission.

      (v) Executive Order No. 11659, as amended (formerly set out as a
    note under 42 U.S.C. 1962b), establishing the Mississippi River
    Basin Commission.

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

      (a) Executive Order No. 10480, as amended (formerly set out as a
    note under 50 App. U.S.C. 2153), is further amended by adding
    thereto the following new Sections:

      'Sec. 609. Effective October 1, 1977, the Secretary of Energy
    shall exercise all authority and discharge all responsibility
    herein delegated to or conferred upon (a) the Atomic Energy
    Commission, and (b) with respect to petroleum, gas, solid fuels and
    electric power, upon the Secretary of the Interior.

      'Sec. 610. Whenever the Administrator of General Services
    believes that the functions of an Executive agency have been
    modified pursuant to law in such manner as to require the amendment
    of any Executive order which relates to the assignment of emergency
    preparedness functions or the administration of mobilization
    programs, he shall promptly submit any proposals for the amendment
    of such Executive orders to the Director of the Office of
    Management and Budget in accordance with the provisions of
    Executive Order No. 11030, as amended (set out as a note under 44
    U.S.C. 1505).

      (b) Executive Order No. 11490, as amended (formerly set out as a
    note under 50 App. U.S.C. 2251), is further amended by adding
    thereto the following new section:

      'Sec. 3016. Effective October 1, 1977, the Secretary of Energy
    shall exercise all authority and discharge all responsibility
    herein delegated to or conferred upon (a) the Federal Power
    Commission, (b) the Energy Research and Development Administration,
    and (c) with respect to electric power, petroleum, gas and solid
    fuels, upon the Department of the Interior.'.

      Sec. 6. This Order shall be effective as of October 1, 1977, the
    effective date of the Department of Energy Organization Act (this
    chapter) pursuant to the provisions of section 901 (42 U.S.C. 7341)
    thereof and Executive Order No. 12009 of September 13, 1977
    (formerly set out as a note under 42 U.S.C. 7341), 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.

    Jimmy Carter.

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