shall provide administrative support services to the Special Commission on a reimbursable basis. 1-102. The Special Commission established by this Order shall terminate upon enactment and availability of appropriations for the Commission established by Public Law 95-622, and in any event, unless extended, no later than two years from the date of this Order. No funds transferred by the Department of Health, Education and Welfare pursuant to this Order shall be expended by either Commission following termination of the Special Commission. THE WHITE HOUSE, December 17, 1979. JIMMY CARTER Executive Order 12185 of December 17, 1979 Conservation of Petroleum and Natural Gas By the authority vested in me as President of the United States of America by Section 403(b) of the Powerplant and Industrial Fuel Use Act of 1978 (92 Stat. 3318; Public Law 95-620) and Section 301 of Title 3 of the United States Code, in order to encourage additional conservation of petroleum and natural gas by recipients of Federal financial assistance, it is hereby ordered as follows: 1-101. Each Federal agency, as that term is defined in Section 103(a)(25) of the Powerplant and Industrial Fuel Use Act of 1978 (92 Stat. 3297), shall effectuate through its financial assistance programs the purposes of that Act relating to the conservation of petroleum and natural gas. 1-102. Each Federal agency which extends financial assistance shall review those programs of financial assistance and identify those which are most likely to offer opportunities for significant conservation of petroleum and natural gas. 1-103. Within two months, and annually thereafter, each agency shall publish for comment a list of those programs which it has identified as likely to offer significant opportunity for conservation. The public shall be given 60 days to submit comments, including suggestions for rules which would effectuate the conservation purposes of the Act. 1-104. After receiving public comment and suggestions, and after consulting with the Director of the Office of Management and Budget, each agency shall publish proposed rules designed to achieve conservation of petroleum and natural gas in connection with the receipt of financial assistance. Proposed rules should be published within 30 days of the close of the comment period under Section 1-103. 1-105. Final rules shall be adopted by each agency in accordance with the provisions of Sections 102(b), 403(b) and 701(a) of the Powerplant and In dustrial Fuel Use Act of 1978, and the provisions of this Order, not later than 180 days from the date of this Order. 1-106. No one shall be awarded any financial assistance unless that award complies with the provisions of the conservation rules adopted by the agency pursuant to this Order. 1-107. To the extent permitted by law and where not inconsistent with the financial assistance program, final rules may provide for the reduction or suspension of financial assistance under any award. Such reduction or suspension shall not be ordered until there has been an opportunity for a hearing on the record, and shall last for such time as the recipient fails to comply with the terms of the conservation rule. 1-108. No conservation rule shall be adopted which is inconsistent with the statutory provisions establishing the financial assistance program. 1-109. No conservation rule shall be used to enforce compliance with any prohibition under the Act against any person or facility which has been specifically determined by the Secretary of Energy as subject to or exempt from a prohibition under the Act. The conservation rules shall be used to enforce other new ways of achieving the purposes of the Act related to the conservation of petroleum and natural gas. 1-110. In order to assess the effectiveness of this program, each agency shall annually prepare a report on its activities in accord with Section 403(b)(1)(B) of the Act. These reports shall be submitted to the President through the Secretary of Energy. 1-111. The Secretary of Energy shall prepare for the President's consideration and transmittal to the Congress the report required by Section 403(c) of the Act. 1-112. The Director of the Office of Management and Budget may issue any rules, regulations, or orders he deems necessary to ensure the implementation of this Order. The Director may exercise any of the authority vested in the President by Section 403(b) of the Act, and may redelegate such of that authority as he deems appropriate to the head of any other agency. JIMMY CARTER THE WHITE HOUSE, December 17, 1979. Executive Order 12186 of December 21, 1979 Change in Definition of Heavy Oil By the authority vested in me as President by the Constitution and statutes of the United States of America, including the Emergency Petroleum Allocation Act of 1973, as amended (15 U.S.C. 751 et seq.), Executive Order No. 12153 is hereby amended by deleting Section 1-102, renumbering Section 1 103 as 1-102, and deleting in Section 1-101 the figure "16.0° API" and inserting in lieu thereof "20.0° API.". JIMMY CARTER THE WHITE HOUSE, December 21, 1979. Editorial Note: A White House statement of Dec. 21, 1979, on the decontrol of heavy oil, is printed in the Weekly Compilation of Presidential Documents (vol. 15, p. 2279). Executive Order 12187 of December 29, 1979 Base Production Control Level for Marginal Properties By the authority vested in me as President by the Constitution and statutes of the United States of America, including the Emergency Petroleum Allocation Act of 1973, as amended (15 U.S.C. 751 et seq.), and notwithstanding the delegations to the Secretary of Energy in Executive Order No. 11790, as amended by Executive Order No. 12038, and in order to delay the decontrol of marginal oil wells, it is hereby ordered as follows: 1-101. For purposes of the pricing regulations adopted pursuant to the Emergency Petroleum Allocation Act of 1973, with respect to months commencing after December 31, 1979, the base production control level for marginal properties shall equal 20 percent of the total number of barrels of old crude oil produced and sold from the property concerned during calendar year 1978, divided by 365, multiplied by the number of days during the month in 1978 which corresponds to the month concerned. 1-102. For purposes of this Order, the term "marginal properties" has the same meaning as that term under the crude oil pricing regulations adopted pursuant to the Emergency Petroleum Allocation Act of 1973, as amended. 1-103. The Secretary of Energy may, pursuant to Executive Order No. 11790, as amended by Executive Order No. 12038, adopt such regulations as he deems necessary or appropriate to conform the crude oil pricing regulations to this Order. JIMMY CARTER THE WHITE HOUSE, Appendix A-List of Messages Transmitting Budget Rescissions and Deferrals................................................. 549 Subchapter A-[Reserved] SUBCHAPTER B-ADMINISTRATIVE ORDERS Presidential Determination No. 79-2 of January 17, 1979 Designation Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, as Amended ("the Act"), of Refugees Eligible for Assistance Memorandum for the Secretary of State In order to authorize grants in Fiscal Year 1979 to voluntary agencies to resettle in the United States refugees not covered by Federal resettlement programs for Cubans and Indochinese, I hereby determine that assistance to or on behalf of those refugees for this purpose will contribute to the foreign policy interests of the United States. This class of refugees is composed predominantly, but not exclusively, of refugees from the Soviet Union, Eastern Europe and other communist-dominated countries. The Department of Health, Education and Welfare is authorized to provide grants to the voluntary agencies for the resettlement of these refugees. The Secretary of State is requested to inform the appropriate committees of the Congress of this Determination. The Secretary of Health, Education and Welfare will inform the appropriate committees of the obligation of funds made under this authority. This determination shall be published in the Federal Register. THE WHITE HOUSE, Washington, January 17, 1979. JIMMY CARTER Presidential Determination No. 79–3 of January 22, 1979 Determination Pursuant to Section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as amended, (the "Act") Authorizing the Obligation of $4,750,000 of Funds Made Available Under the United States Emergency Refugee and Migration Assistance Fund Memorandum for the Secretary of State In order to meet emergency needs of persons who, having left Zaire in the past, are now voluntarily returning to Zaire for resettlement under the program of the United Nations High Commissioner for Refugees, I hereby determine, pursuant to Section 2(c)(1) of the Act, that it is important to the national interest that up to $4,750,000 in funds appropriated under the United States Emergency Refugee and Migration Assistance Fund be furnished for this purpose through the United Nations High Commissioner for Refugees. The Secretary of State is requested to inform the appropriate committees of Congress of this Determination and the obligation of funds made under this authority. This determination shall be published in the Federal Register. THE WHITE HOUSE, Washington, January 22, 1979. JIMMY CARTER Presidential Determination No. 79-4 of January 31, 1979 Waiver of the Limitation on the Aggregate of Military Assistance Under the Foreign Assistance Act of 1961, and of Credits Extended and Loans Guaranteed Under the Arms Export Control Act for African Countries in Fiscal Year 1979 Memorandum for the Secretary of State Pursuant to the authority vested in me by Section 33(b) of the Arms Export Control Act I hereby determine that the waiver of the limitations of Section 33(a) of the Arms Export Control Act, as amended, for fiscal year 1979 is important to the security of the United States. |