WHEREAS the Water Resources Planning Act (hereinafter referred to as the Act, 79 Stat. 244, 42 U.S.C. 1962 et seq.) authorizes the President to declare the establishment of a river basin water and related land resources commission when a request for such a commission is addressed in writing to the Water Resources Council (hereinafter referred to as the Council) by the Governor of a State within which all or part of the basin or basins concerned are located and when such a request is concurred in by the Council and by not less than one-half of the States within which portions of the basin or basins concerned are located; and WHEREAS the Council, by resolution adopted October 14, 1965, concurred in the request of the Governor of the State of Maine, as Chairman of the New England Governors' Conference, and did itself request that the President declare the establishment of the New England River Basins Commission under the provisions of section 201 of the Act; and WHEREAS the request of the Governor of the State of Maine and the resolution of the Council of October 14, 1965, together with written concurrences by the Governors of the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, and New York, satisfy the formal requirements of section 201 of the Act; and WHEREAS it appears that it would be in the public interest and in keeping with the intent of Congress to declare the establishment of such a Commission: Now, THEREFORE, by virtue of the authority vested in me by section 201 of the Act, and as President of the United States, it is ordered as follows: SECTION 1. New England River Basins Commission. It is hereby declared that the New England River Basins Commission is established under the provisions of Title II of the Act. SEC. 2. Jurisdiction of Commission. It is hereby determined that the jurisdiction of the New England River Basins Commission referred to in section 1 of this order (hereinafter referred to as the Commission) shall extend to the area of the six New England States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, and Rhode Island, together with that portion of the State of New York within the drainage area of the Housatonic River, but specifically excluding those portions of the States of Vermont and Massachusetts within the drainage area of the Hudson River and excluding also that portion of the State of Vermont within the drainage area of Lake Champlain, in accordance with the request of the Governor of the State of Maine, concurred in by the Governors of the other New England States and New York, and in accordance with the resolution of the Council. SEC. 3. Membership of Commission. It is hereby determined that, in accordance with section 202 of the Act, the Commission shall consist of the following: (1) a Chairman to be appointed by the President, (2) one member from each of the following Federal departments and agencies: Department of Agriculture, Department of the Army, Department of Commerce, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of Transportation, and Federal Power Commission, each such member to be appointed by the head of each department or independent agency he represents, (3) one member from each of the following States: Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, and New York, and (4) one member from each interstate agency created by an interstate compact to which the consent of Congress has been given and whose jurisdiction extends to the waters of the area specified in section 2. SEC. 4. Functions to be performed. The Commission and its Chairman, members, and employees are hereby authorized to perform and exercise, with respect to the jurisdiction specified in section 2 of this order, the functions, powers, and duties of such a Commission and of such Chairman, members, and employees, respectively, as set out in Title II of the Act. SEC. 5. International coordination. The Chairman of the Commission is hereby authorized and directed to refer to the Council any matters under consideration by the Commission which relate to the areas of interest or jurisdiction of the International Joint Commission, United States and Canada. The Council shall consult on these matters as appropriate with the Department of State and the International Joint Commission through its United States Section for the purpose of enhancing international coordination. SEC. 6. Reporting to the President. The Chairman of the Commission shall report to the President through the Council. LYNDON B. JOHNSON The White House September 6, 1967
Executive Order 11371—Establishment of the New England River Basins Commission
Executive Brief • At a Glance
It is hereby declared that the New England River Basins Commission is established under the provisions of Title II of the Act.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Lyndon B. Johnson on September 6, 1967, this order concerns Establishment of the New England River Basins Commission. New England River Basins Commission. It is hereby declared that the New England River Basins Commission is established under the provisions of Title II of the Act. SEC. 2. Jurisdiction of Commission. It is hereby determined that the jurisdiction of the New England River Basins Commission referred to in section 1 of this order (hereinafter referred to as the Commission) shall extend to the area of the six New…
Key Directives & Operative Actions
It is hereby declared that the New England River Basins Commission is established under the provisions of Title II of the Act.
It is hereby determined that the jurisdiction of the New England River Basins Commission referred to in section 1 of this order (hereinafter referred to as the Commission) shall extend to the area of the six New England States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, and Rhode Island, together with that portion of the State of New York within the drainage area of the Housatonic River, but specifically excluding those portions of the States of Vermont and Massachusetts within the drainage area of the Hudson River and excluding also that portion of the State of Vermont within the drainage area of Lake Champlain, in accordance with the request of the Governor of the State of Maine, concurred in by the Governors of the…
It is hereby determined that, in accordance with section 202 of the Act, the Commission shall consist of the following: (1) a Chairman to be appointed by the President, (2) one member from each of the following Federal departments and agencies: Department of Agriculture, Department of the Army, Department of Commerce, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of Transportation, and Federal Power Commission, each such member to be appointed by the head of each department or independent agency he represents, (3) one member from each of the following States: Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, and New York, and (4) one…
The Commission and its Chairman, members, and employees are hereby authorized to perform and exercise, with respect to the jurisdiction specified in section 2 of this order, the functions, powers, and duties of such a Commission and of such Chairman, members, and employees, respectively, as set out in Title II of the Act.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (6)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 11,371 (Sept. 6, 1967), https://executiveordersarchive.org/orders/app-executive-order-11371-establishment-the-new-england-river-basins-commission.