Executive Order 9797—Transferring to the Department of Commerce Certain Functions Relating to Air-navigation Facilities Outside the Continental United States

WHEREAS certain air-navigation facilities, including airports and associated airport facilities, located in Alaska and elsewhere on territory outside the continental limits of the United States over which the United States exercises or claims sovereignty, can be utilized to material advantage in the operation of aircraft of the United States; and

WHEREAS the rapid demobilization of personnel of the War and Navy Departments is resulting in the abandonment or placing in caretaker status of these facilities and

WHEREAS large sums of public money have been expended in the construction of these facilities and the United States will suffer great loss if they are abandoned or not maintained in serviceable condition; and

WHEREAS the use and operation of such facilities are necessary and desirable for the promotion and development of civil aeronautics in the interest of the United States:

NOW, THEREFORE, by virtue of the authority bested in me by the Constitution and states, including Title I of the First War Powers Act, 1941 (55 Stat. 838), and as President of the United States, and in the interest of the internal management of the Government, it is hereby ordered as follows:

1. There are transferred to the Department of Commerce (a) all facilities, property, equipment, and maintenance supplies (including components thereof and structures and equipment appurtenant thereto or used in connection therewith) of the War and Navy Departments relating to the care, control maintenance, and operation of air-navigation facilities (including airports and associated airport facilities) of the Untied States Government which (1) are located a t points in Alaska and elsewhere outside the continental limits of the United States but not in foreign territory, (2) are determined by the War or Navy Department, as the case may be, to be no longer required for military purposes, and (3) are determined by the Department Commerce to be now or likely to become reasonably necessary in connection with safe and efficient operation of United States civil aircraft; and (b) all functions relating to the care, control, maintenance, and operation of the facilities, property, equipment, and maintenance supplies transferred to the Department of Commerce hereunder.

2. The Department of Commerce shall perform, to the extent permitted by law, all acts necessary or incident to the consolidation, operation, protection, maintenance, and administration of the property transferred tin accordance with the provisions of this order by any or all the following means or methods: (a) by arrangement with the air carriers involved, (b) by assessing reasonable or suitable charges, and (c) by contract with a citizen of the United States as defined in Title 1, section 1, paragraph 13 of the Civil Aeronautics Act of1938, as amended (49 U. S. C. 401).

3. The functions transferred to the Department of Commerce hereby may be performed by the Secretary of Commerce through such agencies and personnel of the Department of Commerce and I such manner and subject to such terms and conditions as he shall determine.

4. The provisions of this order shall become effective with respect to the facilities and equipment at each location at such time or times as may be agreed upon between the Department of Commerce and the War Department or between the Department of Commerce and the Navy Department as the case may be.

5. The provisions of this order shall be applicable to loran or other sea and air navigation facilities now operated by the Coast Guard, nor to any functions of the Navy Department respecting such facilities.

6. In case of military necessity as determined by the Secretary of the Department from which the transfer is made, the War or Navy Department, as the case may be, shall have the right to take over immediately any facilities transferred hereunder together with any improvements made thereto and to make such alterations thereof as are necessary for military purposes.

7. Such further measures are dispositions as may be determined by the Director of the Bureau of the Budget to be necessary or appropriate to effectuate the provisions of this order shall be taken and carried out at such time and in such manner as the Director shall prescribe.

8. This order shall not be construed as affecting Executive Order No. 9709 of March 29, 1946, or as authorizing the duplication of any existing functions now performed by any other Government agency at the locations involved.

HARRY S. TRUMAN

THE WHITE HOUSE,

November 6, 1946