Executive Order 11305—Authorizing the Secretary of Army and the Governor of the Canal Zone, Respectively, to Perform Certain Functions Relating to the Panama Canal and the Canal Zone

By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code and by the Canal Zone Code (76A Stat.), and as President of the United States, it is hereby ordered as follows: SECTION 1. The following provisions of this section shall constitute Subpart A of Part 3 of Title 35 (Panama Canal) of the Code of Federal Regulations— 3.1 Delegations to Secretary of the Army. (a) The Secretary of the Army shall exercise the powers vested in the President of the United States by the following provisions of the Canal Zone Code: (1) 2 C.Z.C. 1331(1), (2), and (3) (76AStat.46), relative to prescribing and amending regulations governing (i) the navigation of the harbors and other waters of the Canal Zone, (ii) the passage and control of vessels through the Canal or any part thereof, including the locks and approaches thereto, and (iii) pilotage in the Canal or the approaches thereto through the adjacent waters. (2) 2 C.Z.C. 701 (76A Stat. 29), relative to prescribing and amending regulations governing aircraft, air navigation, air-navigation facilities, and aeronautical activities within the Canal Zone. (3) 2 C.Z.C. 911 (76A Stat. 36), relative to prescribing and amending regulations governing matters of health, sanitation, and quarantine for the Canal Zone. (4) 2 C.Z.C. 1191 (76A Stat. 41), relative to prescribing and amending regulations governing the issuance and revocation of licenses to practice the healing art. (5) 2 C.Z.C. 1441 (76A Stat. 49), relative to prescribing and amending regulations for levying, assessing, and collecting of ad valorem, excise, license, and franchise taxes in the Canal Zone. (6) 2 C.Z.C. 731 (76A Stat. 29), relative to prescribing and amending regulations relating to (i) the manufacture and sale of alcoholic beverages in the Canal Zone, and licenses and fees therefor, and (ii) the importation of alcoholic beverages into, and exportation thereof from, the Canal Zone. (b) The Secretary of the Army, after consultation with the Secretary of State, shall exercise the powers vested in the President of the United States by 2 C.Z.C. 841 (76A Stat. 32), relative to making and amending regulations governing (1) the rights of persons to enter, remain upon or pass over, any part of the Canal Zone, and (2) the detention of persons entering the Canal Zone in violation of the regulations, and their return to the countries whence they came. (c) The Secretary of the Army Inay redelegate to the Governor of the Canal Zone (hereafter in this subpart referred to as "the Governor") all or any designated portion of the powers delegated to the Secretary of the Army by G 3.1(a). 5 3.2 Secretary of the Army as representative of President. (a) Pursuant to 2 C.Z.C. 31 and 62(b), respectively (76A Stat. 7 and 9), the Secretary of the Army is designated as the officer of the United States to supervise the administration of the Canal Zone Government by the Governor, and to act as "stockholder" of the Panama Canal Company. (b) In performing his functions under § 3.2 (a), the Secretary of the Army shall act as the direct representative of the President of the United States, and not in his capacity as the head of the Department of the Army. S 3.3 Delegations to Governor. (a) The Governor shall exercise the powers vested in the President of the United States by the following provisions of the Canal Zone Code: (1) 2 C.Z.C. 1001 (76A Stat. 37), relative to making, publishing, enforcing, and amending rules and regulations for the use of public highways and roads in the Canal Zone, for the regulation, licensing, and taxing of the use and operation of all self-propelled vehicles using the public highways and roads, and for the other matters referred to in 2 C.Z.C. 1001. (2) 2 C.Z.C. 1002 (76A Stat. 37), relative to making mutual agreements with the Republic of Panama concerning (i) the reciprocal use of the public highways and roads of the Canal Zone and the Republic of Panama by self-propelled vehicles, (ii) taxes and license fees, and (iii) other matters of regulation to establish comity for the convenience of the residents of the two jurisdictions. (3) 2 C.Z.C. 1134 (76A Stat. 39), relative to establishing the rate of interest borne by postal savings certificates. (4) 2 C.Z.C. 1331(4) (76A Stat. 46), relative to prescribing and amending regulations governing the licensing of officers or other operators of vessels (including pilots of vessels and operators of motorboats) navigating the waters of the Canal Zone. (5) 3 C.Z.C. 82 (76A Stat. 54), relative to (i) the appointment and removal of magistrates, and (ii) the appointment of relief magistrates and the assignment of a magistrate to another magistrate's court in the circumstances specified in 3 C.Z.C. 82. (6) 3 C.Z.C. 86 (76A Stat. 55), relative to prescribing regulations governing the administration of magistrates' courts and prescribing (i) the duties of magistrates and constables, (ii) oaths and bonds, (iii) the times and places of holding magistrates' courts, and (iv) the disposition of fines, costs, and forfeitures. (7) 6 C.Z.C. 1281 (76A Stat. 455), relative to prescribing and amending rules and regulations to assert and exercise the police power in the Canal Zone, or for any portion or division thereof, for the purpose of enforcing 6 C.Z.C. 1281 (a) declaring unlawful the engaging in or permitting any indecent or immoral conduct. (b) The Governor's authority to exercise the powers enumerated in § 3.3 (a) is subject to (1) the provisions of 2 C.Z.C. 34 (76A Stat. 8), (2) the supervision of the Secretary of the Army, and (3), in the case of § 3.3 (a) (2), consultation with the ranking diplomatic officer of the United States accredited to the Republic of Panama. (c) His authority under 2 C.Z.C. 31 and 33 (76A Stat. 7) to establish, alter, or discontinue military and naval reservations shall be exercised by the Governor (1) only with the approval of the Secretary of the Army in all cases, and (2) also only after consultation with (i) the Secretary of the Navy in the case of Naval reservations and in the case of other reservations and bases concerning which the Department of the Navy may express an interest, (ii) the Secretary of the Air Force in the case of air-force bases and in the case of other reservations and bases concerning which the Department of the Air Force may express an interest, and (iii) both the Secretary of the Navy and the Secretary of the Air Force when they both have an interest. § 3.4 Scope of delegated powers; duty of Government personnel; construction. (a) The Secretary of the Army may exercise the powers delegated or otherwise assigned to him by this subpart without approval, ratification, or other action by the President. (b) The Governor may exercise the powers delegated to him by § 3.3(a), and any powers redelegated to him under § 3.1(c), (i) without approval, ratification, or other action by the President, and (ii), except to the extent inconsistent with § 3.3 (b) (2) and except as the Secretary of the Army may otherwise provide in pursuance of § 3.1 (c), without approval, ratification, or other action by the Secretary of the Army. (c) All officers, officials, and employees of the United States, including disbursing, accounting, and auditing officers, shall give the same effect to any acts of those authorized under this subpart to exercise powers as if exercised by the President. (d) This subpart does not limit or restrict the right of the President to exercise any power specified in this subpart. (e) Unless inappropriate, references in this subpart to any statute or to any provision of any statute shall be deemed to include references thereto as amended from time to time. SEC. 2. All actions heretofore taken by the President or by his delegates in respect of the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by the President or by his delegates in respect of such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order unless sooner terminated by operation of law. SEC. 3. (a) The following are hereby superseded: (1) Sections 9, 10, 11, 12, and 12a of Executive Order No. 7676 of July 26, 1937. (2) Executive Order No. 8962 of December 6, 1941. (3) Executive Order No. 9746 of July 1, 1946. (4) Executive Order No. 10595 of February 7, 1955. (b) All other Executive orders and proclamations issued prior to the date of this order which are inconsistent with this order, or any regulations issued pursuant thereto, are hereby superseded to the extent of such inconsistency. SEC. 4. This order shall take effect on the 90th day after its publication in the Federal Register. LYNDON B. JOHNSON The White House September 12, 1966