Executive Order 10997 ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF THE INTERIOR

    The Robert T. Stafford Disaster Assistance And Emergency Relief Act,

    13CFR123.1 Chapter I--Small Business Administration Part 123--Disaster Loan Program

  US Code TITLE 50 - War and National Defence CHAPTER 34 - National Emergencies


Executive Orders

    Executive Order 10995
    Telecommunications Management 

    Executive Order 10997 --
    Electric power, petroleum and gas, solid fuels, and minerals

    Executive Order 10998 --
     Food resources, farms, fertilizer, and facilities

    Executive Order 10999 --
    Transportation, the production and distribution of all materials

    Executive Order 11000 --
    Manpower management

     Executive Order 11001 --
    Health and welfare services, and educational programs
   
     Executive Order 11002 --
    National emergency registration system
   
      Executive Order 11003 --
    Air travel, airports, operating facilities

       Executive Order 11004 --
    Housing and community facilities

       Executive Order 11005 --
    Interstate Commerce

      Executive Order 11051 --
    Emergency Planning 

      Executive Order 11490 --
    Federal departments and agencies

      Executive Order 12472 --   
    Telecommunications functions

      Executive Order 12656 --
    Continuity of Government

      Executive Order 12919 --
    National Defense Industrial  Preparedness
        
     Executive Order 12938 --
    Weapons Of Mass Destruction
       
     Executive Order 13074 --
    Noncombatant Evacuation Operations
"The President has the power to seize property, organize and control the means of production, seize commodities, assign military forces abroad, call reserve forces amounting to 2 1/2 million men to duty, institute martial law, seize and control all menas of transportation, regulate all private enterprise, restrict travel, and in a plethora of particular ways, control the lives of all Americans...

Most [of these laws] remain a a potential source of virtually unlimited power for a President should he choose to activate them. It is possible that some future President could exercise this vast authority in an attempt to place the United States under authoritarian rule.

While the danger of a dictatorship arising through legal means may seem remote to us today, recent history records Hitler seizing control through the use of the emergency powers provisions contained in the laws of the Weimar Republic."

--Joint Statement, Sens. Frank Church (D-ID) and Charles McMathias (R-MD) September 30, 1973
Executive Order 10997 ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF THE INTERIOR

By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows:

SECTION 1. Scope. The Secretary of the Interior (hereinafter referred to as the Secretary) shall prepare national emergency plans and develop preparedness programs covering (1) electric power; (2) petroleum and gas; (3) solid fuels; and (4) minerals. These plans and programs shall be designed to provide a state of readiness in these resource areas with respect to all conditions of national emergency, including attack upon the United States.

SEC. 2. Definitions. As used in this order:

    (a) The term "electric power" means all forms of electric power and energy, including the generation, transmission, distribution, and utilization thereof.

    (b) The term "petroleum" means crude oil and synthetic liquid fuel, their products, and associated hydrocarbons, including pipelines for their movement and facilities specially designed for their storage.

    (c) The term "gas" means natural gas (including helium) and manufactured gas, including pipelines for the movement and facilities specially designed for their storage.

    (d) The term "solid fuels" means all forms of anthracite, bituminous, sub-bituminous, and lignitic coals, coke, and coal chemicals produced in the coke making process.

    (e) The term "minerals" means all raw materials of mineral origin (except petroleum, gas, solid fuels, and source materials as defined in the Atomic Energy Act of 1954, as amended) obtained by mining and like operations and processed through the stages specified and at the facilities designated in an agreement between the Secretary of the Interior and the Secretary of Commerce as being within the emergency preparedness responsibilities of the Secretary of the Interior.

SEC. 3. Resource Functions. With respect to the resources defined above, the Secretary shall:

    (a) Priorities and allocations. Develop systems for the emergency application of priorities and allocations to the production and distribution of assigned resources.

    (b) Requirements. Periodically assemble, develop as appropriate, and evaluate requirements for power, petroleum, gas and solid fuels, taking into account estimated needs for military, civilian, and foreign purposes. Such evaluation shall take into consideration geographical distribution of requirements under emergency conditions.

    (c) Resources. Periodically assess assigned resources available from all sources in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas, and develop appropriate recommendations and programs including those necessary for the maintenance of an adequate mobilization base. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

    (d) Claimancy. Prepare plans to claim materials, manpower, equipment, supplies and services needed in support of assigned responsibilities and other essential functions of the Department before the appropriate agency, and work with such agencies in developing programs to insure availability of such resources in an emergency.

    (e) Minerals development. Develop programs and encourage the exploration, development and mining of strategic and critical minerals for emergency purposes.

    (f) Production. Provide guidance and leadership to assigned industries in the development of plans and programs to insure the continuity of production in the event of an attack, and cooperate with the Department of Commerce in the identification and rating of essential facilities.

    (g) Stockpiles. Assist the Offices of Emergency Planning in formulating and carrying out plans and programs for the stockpiling of strategic and critical materials, and survival items.

    (h) Salvage and rehabilitation. Develop plans for the salvage of stocks and rehabilitation of producing facilities for assigned products after attack.

    (i) (Economic Stabilization. Cooperate with the Office of Emergency Planning in the development of economic stabilization policies as they might affect the power, fuels and assigned minerals supply, production, and marketing programs, and the conservation of essential commodities in an emergency, including rationing of power and fuel.

    ( j ) Financial aid. Develop plans and procedures for financial and credit assistance to producers, processors, and distributors who might need such assistance in various mobilization conditions.

SEC. 4. Cooperation with the Department of Defense. In consonance national civil defense plans, programs and operations of the Department of Defense, under Executive Order No. 10952, the Secretary shall:

    (a) Facilities protection. Provide protection industry protection guidance material adapted to needs of industries concerned with assigned products, and promote a national program to stimulate disaster preparedness and control in order to minimize the effects of overt or covert attack and maintain continuity of production and capacity to serve essential users in an emergency. Guidance shall include but not be limited to: organizing and training, facility personnel, personnel shelters, evacuation plans, records protection, continuity of management, emergency repair, deconcentration or dispersal of facilities, and mutual aid associations for emergency.

    (b) Chemical, biological and radiological warfare. Provide for the detection, identification, monitoring and reporting of chemical, biological and radiological agents at selected facilities operated or controlled by the Department of the Interior.

    (c) Damage assessment. Maintain a capability to assess the effects of attack on assigned products, producing facilities, and department installations both at national and field levels, and provide data to the Department of Defense.

SEC. 5. Research. Within the framework of Federal research objectives, the Secretary shall supervise or conduct research directly concerned with carrying out emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving the Department's interest.

SEC. 6. Functional Guidance. The Secretary, in carrying out the functions assigned in this order, shall be guided by the following:

    (a) Interagency cooperation. The Secretary shall assume the initiative in developing joint plans for the coordination of emergency fuel, energy, and assigned mineral programs of those departments and agencies which have the responsibility for any segment of such activities. He shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements.

    (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in coordinating the performance of functions under this order with the total national preparedness program.

    (c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Department of the Interior on the basis that it will have the responsibility for carrying out such programs during an emergency. The Secretary shall be prepared to implement all appropriate plans developed under this order. Modifications, and temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

SEC. 7. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

SEC. 8.Redelegation. The Secretary is hereby authorized to redelegate within the Department of the Interior the functions hereinabove assigned to him.

SEC. 9. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 7 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 669-660), is hereby revoked.

JOHN F. KENNEDY
THE WHITE HOUSE,

February 16, 1962.