Executive Order 9276—Establishing the Petroleum Administration for War and Defining Its Functions and Duties

By virtue of the authority vested in me by the Constitution and statutes, as President of the United States and Commander in Chief of the Army and Navy, and in order to coordinate and centralize the war policies and actions of the Government relating to petroleum with a view toward providing adequate supplies of petroleum for the successful prosecution of the war and for other essential purposes, it is hereby ordered as follows:

1. Whenever used in this Order:

a. The term "petroleum" means petroleum, petroleum products, and associated hydrocarbons, including but not limited to natural gas, except that natural gas which has entered into gas transmission lines from field gathering lines shall not be so included.

b. The term "petroleum industry" means the production, refining, treating, storage, shipment, receipt, or distribution within the United States, its territories and possessions, of petroleum, exclusive of: (1) the transportation of petroleum, (2) the transmission of natural gas from the point of its entry into gas transmission lines from field gathering lines, and (3) the distribution of natural gas.

c. The term "transportation" means transportation as defined in U.S. Code, Title 49, section 1 (3) (a), and in Executive Orders No. 8989 and No. 9156.

2. There is established a Petroleum Administration for War, at the head of which shall be a Petroleum Administrator who shall be directly responsible to the President. The Secretary of the Interior shall serve ex officio as Petroleum Administrator, hereinafter referred to as the Administrator.

3. The Administrator shall:(a) Subject to the provisions of this Order, establish basic policies and formulate plans and programs to assure for the prosecution of the war the conservation and most effective development and utilization of petroleum in the United States and its territories and possessions, issue necessary policy and operating directives to parties engaged in the petroleum industry, and appoint such general, regional, local, or functional petroleum industry committees or councils as the Administrator finds necessary: Provided, that no directive issued hereunder shall conflict with any direction which may be issued by the Chairman of the War Production Board pursuant to paragraph 1 of Executive Order No. 9125 of April 7, 1942.

(b) Serve, as far as practicable, as the liaison and channel of communication between the units of the petroleum industry and the several departments and agencies of the Federal Government on matters directly involving the functions and duties of the Administrator.

(c) (1) Obtain from the Departments of War and the Navy, the Office of Lend-Lease Administration, the Department of State and the Board of Economic Warfare, the several divisions and branches of the War Production Board, and such other Federal departments and agencies as may be appropriate, estimates of the amounts of petroleum which will be required from the United States, its territories and possessions, to meet direct and indirect military, and essential industrial and civilian requirements; and compile and analyze such estimates and submit them to the War Production Board with recommendations for the allocation of petroleum to meet such requirements.

(2) Prepare and recommend to the War Production Board estimates of the quantities and kinds of material needed by the petroleum industry to produce, refine, store, distribute (excluding transportation), or otherwise make available the amount of petroleum recommended by the Administrator for allocation by the War Production Board.

(d) Subject to the direction of the Chairman of the War Production Board, exercise the powers, authority, and the discretion conferred upon the Chairman by paragraph 1 of Executive Order No. 9125 of April 7, 1942, by issuing, and taking appropriate action to enforce, such orders or directives to the petroleum industry as the Administrator may deem necessary, in order to:

(1) Provide adequate supplies of petroleum for military, or other essential uses; or

(2) Effect the proper distribution of such amounts of materials as the Chairman of the War Production Board may allot for the use of the petroleum industry.

(e) Compile data and make continuing surveys with respect to the effect of the prices charged for petroleum upon the efficient wartime operations of the petroleum industry and the maintenance of adequate supplies of petroleum for war and essential industrial and civilian uses. On the basis of such surveys, the Petroleum Administrator shall consult with and recommend to the Administrator, Office of Price Administration, such upward or downward adjustments in the schedule of prices charged for petroleum as will, in the judgment of the Petroleum Administrator, assure the efficient wartime operation of the petroleum industry and the maintenance of adequate supplies of petroleum for war, and essential industrial and civilian uses. In order to enable the Petroleum Administrator to make appropriate recommendations, the Price Administrator shall advise with the Petroleum Administrator prior to the establishment or alteration by the Price Administrator of any schedule of prices to be charged for petroleum.

(f) Be advised of all plans or proposals which deal with the civilian rationing of petroleum and consult with rationing authorities in the development of such plans or proposals; and, in those instances where rationing is for the purpose of maintaining adequate supplies of petroleum for war and essential industrial and civilian requirements, determine, after advising with the War Production Board, the areas and the times within which such rationing should be effective and the amount of petroleum available for such purpose.

(g) Consult with the War Shipping Administration with respect to the assignment of tankers and the movement of petroleum, and, subject to the requirements of the Departments of War and the Navy, recommend allocations as between units of the petroleum industry of available tankers under the control of the War Shipping Administration.

(h) Designate the quantity and kind of petroleum to be shipped and received by those engaged in the petroleum industry, and certify such designations to the Office of Defense Transportation for appropriate action in providing the necessary transportation.

(i) Review all plans or proposals for the construction, extension, enlargement or interconnection of petroleum pipe lines; subject to the over-all responsibilities of the Office of Defense Transportation, approve such plans or proposals as are, in his judgment, necessary to provide adequate supplies of petroleum for war and other essential uses and recommend to the War Production Board programs covering the amounts and kinds of materials needed for such pipe lines. The Administrator shall direct the physical operation of petroleum pipe lines to the extent of prescribing the quantity and kind of petroleum to be transported by and the direction of flow through such pipe lines: Provided, that nothing herein shall be deemed to limit the functions and authority of the Office of Defense Transportation under Executive Order No. 8989 of December 18, 1941, with respect to the provision of necessary additional transportation facilities and equipment, or to coordinate and direct domestic traffic movements.

(j) Advise the several Federal departments and agencies concerned with the construction, enlargement, or additional interconnection of any natural gas transmission line as to the supply and availability of natural gas at the proposed sources of production whenever such construction, enlargement, or interconnection will result in substantially altering the rate of production at such sources.

(k) Perform the duties and responsibilities with relation to petroleum and the facilities used in the petroleum industry imposed by Executive Order No. 9165 of May 19, 1942, upon the Department of the Interior.

(l) Certify to the various State regulatory bodies having jurisdiction with respect to the production of petroleum, the amounts and kinds of petroleum which should be produced in their respective States, and collaborate with such State regulatory bodies in the coordination of their activities with the programs and policies of the Administrator.

(m) Keep the President informed with respect to the progress made in carrying out this Order and perform such related duties as the President may from time to time assign or delegate to him.

4. The Administrator shall collaborate with the appropriate Federal departments and agencies authorized to determine plans and policies with respect to foreign petroleum activities. The Administrator shall, in conformity with such plans and policies, issue directives concerning the physical operations of their foreign petroleum facilities to units of the American petroleum industry which directly or indirectly engage in such operations in foreign countries. The Administrator shall be the channel of communication on foreign petroleum matters between the Federal departments and agencies and such units of the American petroleum industry.

5. The Administrator shall perform the functions with respect to rubber conferred upon the Office of Petroleum Coordinator for War by Executive Order No. 9246 of September 17,1942, subject to such directives as the Rubber Director may issue pursuant to such Order. Nothing in this Order shall apply to or in any way limit the functions and authority, or the manner of executing the same, of the Chairman of the War Production Board or the Rubber Director in the exercise of control over and administration of the Nation's rubber program pursuant to said Executive Order No. 9246, or the functions and authority of any department, establishment, or agency in the execution of such aspects of the rubber program in such manner and for such period of time as the Rubber Director may direct pursuant to said Executive Order.

6. Subject to such restrictions as may be imposed by the Departments of War and the Navy with respect to their own requirements, the several Federal departments and agencies shall supply such information and data as the Administrator may require in performing his functions and shall advise with the Administrator before undertaking any action which might affect the continuous, ready availability of petroleum for military and essential industrial and civilian needs. In order to assist him in carrying out the purposes of this Order, the Administrator may establish or designate committees or groups of advisers, representing two or more departments or agencies of the Federal Government, or States. The Administrator shall meet at regular and special intervals with representatives of the various Federal departments and agencies having continuing functions directly related to petroleum or the petroleum industry.

7. The Administrator may appoint, with the approval of the President, a Deputy Administrator, who shall report directly to the Administrator, and to whom he may delegate any and all power, authority, and discretion conferred upon him by this Order. The Deputy Administrator shall serve as Acting Administrator in the absence of the Administrator. The Administrator, within the limits of such funds as may be allocated or appropriated for the purpose, may employ necessary personnel and make provision for necessary supplies, facilities, travel, and services.

8. The Office of the Petroleum Coordinator for National Defense, later changed to the Office of Petroleum Coordinator for War, established by the letter of the President dated May 28, 1941, is abolished, and its personnel, records, property, and funds are transferred to the Petroleum Administration for War, effective fifteen days from the date of this Order. All orders, directives, agreements, recommendations, and other documents issued or entered into under the functions, duties, and authorities of the Petroleum Coordinator for War shall remain in force as the responsibility of the Administrator until such time as he may revoke, alter, or otherwise change such documents under provisions of this Executive Order.

9. Nothing in this Order shall be deemed to limit in any way the authority of the Departments of War and Navy to initiate or carry out directly, without review or approval by the Administrator, any action relating to petroleum or the petroleum industry which either Department deems to be a matter of military necessity or expediency and which arises in such areas and is of such military urgency as to require special or secret disposition; or to limit in any way the functions and authority of the Secretary of State, under the direction of the President, in the formation of the foreign policy and the conduct of the foreign relations of this Government; or to limit in any way the statutory powers of the Interstate Commerce Commission with respect to rates, charges, statistics, accounts, car service (including emergency service powers), or operating authority; or to limit in any way the exercise of the authority of the Federal Power Commission or the performance of its functions and authority under the Natural Gas Act (52 Stat. 821) as amended; or to limit the functions and authority of the Board of Economic Warfare under the Act of June 30, 1942 (56 Stat. 463); or to limit in any way the powers of the Price Administrator under the Emergency Price Control Act (56 Stat. 23) and as amended by Public Law 729, 77th Congress, Second Session.

10. Any provisions of pertinent Executive Orders in conflict with the provisions of this Order are hereby superseded: Provided, that nothing herein shall be deemed in any way to limit the functions and authority of the Chairman of the War Production Board under Executive Orders No. 9024 of January 16, 1942, No. 9040 of January 24, 1942, No. 9125 of April 7, 1942, and No. 9246 of September 17, 1942; or to limit in any way the functions and authority of the Federal Power Commission under Executive Order No. 8202 of July 13, 1939; or to limit in any way the functions, duties, or authority of the War Shipping Administration with respect to the operation, control, purchase, requisition, charter, repair, use, or insurance of any vessel or cargo; or to limit the functions and authority of the Board of Economic Warfare under Executive Orders No. 8839 of July 30, 1941, as amended, No. 8900 of September 15, 1941, No. 8926 of October 28, 1941, No. 8942 of November 19, 1941, and No. 9128 of April 13, 1942; or to limit the functions and authority of the Office of Lend-Lease Administration under Executive Order No. 8926 of October 28, 1941.

FRANKLIN D ROOSEVELT

The White House,
December 2, 1942.