White House Press Release, Executive Order Number 9797

IMMEDIATE RELEASE NOVEMBER 7, 1946 473 EXECUTIVE ORDER TRANSFERRING TO THE DEPARTMENT OF COMMERCE CERTAIN FUNCTIONS RELATING TO AIR- VIGATION 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 WHEREA S 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 WHEREA S large sums of public money have been expended in the construction of these facilities and the United States will suffer great los s if they are abandoned or not maintained in serviceable condition; and WHERE, IS the use and operation of such facilities are nec- essary and desirable for the promotion and development of civil aeronautics in the interest of the United States: NARA NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes, 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 Imponents thereof and structures and equipment appurte- nant 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 United States Government which (1) are located at points in Alaska and elsewhere outside the continental limits of the United States but not in foreign territory, (2) are de- termined 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 of Commerce to be now or likely to become reasonably necessary in connection with the 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, equipme:it, 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 pro- perty transferred in accordance with the provisions of this order by any or all of 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 I, section 1, paragraph 13 of the Civil Aeronautics Act of 1938, 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 in 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.