On February 10, 1972, I formally established Federal Regional Councils for each of the ten Federal regions, and established an Under Secretaries Group for Regional Operations to strengthen and improve services to the public at the regional level. I have now determined that the mandate of the Federal Regional Councils should be broadened to include the coordination of direct Federal program assistance to State and local governments (as well as grant assistance as now provided), that the membership of the Councils and the Under Secretaries Group for Regional Operations should be changed, and that the Deputy Director of the Office of Management and Budget should be substituted as Chairman of the Under Secretaries Group in place of the Associate Director of that agency. Now, THEREFORE, by virtue of the authority vested in me as President of the United States of America, sections 1, 2, and 3 of Executive Order No. 11647 of February 10, 1972, are amended to read as follows: SECTION 1. Federal Regional Councils. (a) There is hereby continued a Federal Regional Council for each of the ten standard Federal regions. Each Council shall be composed of the principal regional officials of the Departments of Labor, Health, Education, and Welfare, Housing and Urban Development, Agriculture, the Interior, and Transportation, the Office of Economic Opportunity, the Environmental Protection Agency, and the Law Enforcement Assistance Administration. The President shall designate one member of each such Council as Chairman of that Council and such Chairman shall serve at the pleasure of the President. Representatives of the Office of Management and Budget may participate in any deliberations of each Council. (b) Each member of each Council may designate an alternate who shall serve as a member of the Council involved whenever the regular member is unable to attend any meeting of the Council. (c) When the Chairman determines that matters which significantly affect the interests of the Federal agencies which are not represented on any such Council are to be considered by the Council, he shall invite the regional director or other appropriate representative of the agency involved to participate in the deliberations of the Council. SEC. 2. Functions of the Council. Each Federal Regional Council shall be constituted as a body within which the participating agencies will, under the general policy formulation of the Under Secretaries Group, and to the maximum extent feasible, assist State and local government by the coordination of the Federal program grants and operations through: (1) the development of better ways to deliver the benefits of Federal programs over the short term; (2) the development of integrated program and funding plans with Governors and local chief executives; (3) the encouragement of joint and complementary Federal grant applications by local and State governments; (4) the expeditious resolution of conflicts and problems which may arise between Federal agencies; (5) the evaluation of programs in which two or more member agencies participate; (6) the development of more effective ways of allocating Federal resources to meet the long-range needs of State and local communities; (7) the supervision of regional interagency program coordination mechanisms; and (8) the development of administrative procedures to improve day-to-day cooperation on an interagency and intergovernmental basis. SEC. 3. Under Secretaries Group for Regional Operations. The Under Secretaries Group for Regional Operations is hereby continued and shall be composed of the Under Secretaries of Agriculture, the Interior, Labor, Health, Education, and Welfare, Housing and Urban Development, and Transportation, the Administrator of the Law Enforcement Assistance Administration, the Deputy Director of the Office of Economic Opportunity, the Deputy Administrator of the Environmental Protection Agency, an Associate Director of the Domestic Council, and the Deputy Director of the Office of Management and Budget, who shall serve as the Chairman of the Group. When the Chairman determines that matters which significantly affect the interest of Federal agencies which are not represented on the Group are to be considered by the Group, he shall invite an appropriate representative of the agency involved to participate in the deliberations of the Group. The Under Secretaries Group for Regional Operations shall, consistent with the objectives and priorities established by the President and the Domestic Council, establish policy with respect to Federal Regional Council matters, provide guidance to the Councils, respond to their initiatives, and seek to resolve policy issues referred to it by the Councils. The Under Secretaries Group, under the Chairmanship of the Deputy Director of the Office of Management and Budget, shall be responsible for the proper functioning of the system established by this order. RICHARD NIXON The White House, July 23, 1973.
Executive Order 11731—Amending Executive Order No. 11647 Relating to Federal Regional Councils
Executive Brief • At a Glance
There is hereby continued a Federal Regional Council for each of the ten standard Federal regions.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Richard Nixon on July 23, 1973, this order concerns Amending Executive Order No. 11647 Relating to Federal Regional Councils. On February 10, 1972, I formally established Federal Regional Councils for each of the ten Federal regions, and established an Under Secretaries Group for Regional Operations to strengthen and improve services to the public at the regional level.
Key Directives & Operative Actions
There is hereby continued a Federal Regional Council for each of the ten standard Federal regions.
I have now determined that the mandate of the Federal Regional Councils should be broadened to include the coordination of direct Federal program assistance to State and local governments (as well as grant assistance as now provided), that the membership of the Councils and the Under Secretaries Group for Regional Operations should be changed, and that the Deputy Director of the Office of Management and Budget should be substituted as Chairman of the Under Secretaries Group in place of the Associate Director of that agency.
Each Council shall be composed of the principal regional officials of the Departments of Labor, Health, Education, and Welfare, Housing and Urban Development, Agriculture, the Interior, and Transportation, the Office of Economic Opportunity, the Environmental Protection Agency, and the Law Enforcement Assistance Administration.
The President shall designate one member of each such Council as Chairman of that Council and such Chairman shall serve at the pleasure of the President.
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 pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 11,731 (July 23, 1973), https://executiveordersarchive.org/orders/app-executive-order-11731-amending-executive-order-no-11647-relating-federal-regional-councils.