threatened species and endangered species, eliminate
duplication of efforts in the performance of those
functions, and ensure that the maximum amount of
resources are focused on the objectives of the En-
dangered Species Act 1973, one Federal agency
should be given exclusive responsibility for those
functions with respect to anadromous species and
catadromous species.
SEC. 3. TRANSFER OF FUNCTIONS WITH RESPECT TO
ANADROMOUS SPECIES AND CATADROMOUS
SPECIES.
(a) TRANSFER OF FUNCTIONS.—All functions with
respect to anadromous species and catadromous species
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) that were vested in the Secretary of Com-
merce or the National Marine Fisheries Service imme-
diately before the enactment of this Act are transferred
to the Secretary of the Interior.
(b) CONFORMING AMENDMENTS.—The Endangered
Species Act of 1973 is amended—
(1) in section 3(15) (16 U.S.C. 1532(15))—
(A) by inserting ‘‘(A)’’ after ‘‘(15)’’; and
(B) by adding at the end the following:
‘‘(B) Notwithstanding subparagraph (A), with re-
spect to anadromous species and catadromous species, the
term ‘Secretary’ means the Secretary of the Interior.’’;
and
(2) in section 3 (16 U.S.C. 1532) by adding at
the end the following:
‘‘(22) The term ‘anadromous species’ means a species
of fish that spawn in fresh or estuarine waters and that
migrate to ocean waters.
‘‘(23) The term ‘catadromous species’ means a spe-
cies of fish that spawn in ocean waters and migrate to
fresh waters.’’.
SEC. 4. MISCELLANEOUS PROVISIONS.
(a) REFERENCES.—Any reference in any other Fed-
eral law, Executive order, rule, regulation, or delegation
of authority, or any document of or pertaining to a depart-
ment or office from which a function is transferred by this
Act—
(1) to the head of such department or office is
deemed to refer to the Secretary of the Interior; or
(2) to such department or office is deemed to
refer to the Department of the Interior.
(b) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Secretary of the Interior may,
for purposes of performing the functions transferred by
this Act, exercise all authorities under the Endangered
Species Act of 1973 that were available with respect to
the performance of that function immediately before the
effective date of the transfer of the function under this
Act.
(c) SAVINGS PROVISIONS.—
(1) LEGAL
DOCUMENTS.—All orders, deter-
minations, rules, regulations, permits, grants, loans,
contracts, agreements, certificates, licenses, and
privileges—
(A) that have been issued, made, granted,
or allowed to become effective by the Secretary
of Commerce, any officer or employee of the
Department of Commerce, or any other Govern-
ment official in the performance of any function
that is transferred by this Act, or by a court of
competent jurisdiction with respect to such per-
formance, and
(B) that are in effect on the effective date
of this Act (or become effective after such date
pursuant to their terms as in effect on such ef-
fective date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, any
other authorized official, a court of competent juris-
diction, or operation of law.
(2) PROCEEDINGS.—
(A) IN GENERAL.—This Act shall not af-
fect any proceedings or any application for any
benefits, service, license, permit, certificate, or
financial assistance pending on the date of the
enactment of this Act before an office trans-
ferred by this Act. Such proceedings and appli-
cations shall be continued. Orders shall be
issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made
pursuant to such orders, as if this Act had not
been enacted, and orders issued in any such
proceeding shall continue in effect until modi-
fied, terminated, superseded, or revoked by a
duly authorized official, by a court of competent
jurisdiction, or by operation of law.
(B) LIMITATION.—Nothing in this para-
graph shall be considered to prohibit the dis-
continuance or modification of any such pro-
ceeding under the same terms and conditions
and to the same extent that such proceeding
could have been discontinued or modified if this
Act had not been enacted.
(3) SUITS.—This Act shall not affect suits com-
menced before the date of the enactment of this Act,
and in all such suits, proceeding shall be had, ap-
peals taken, and judgments rendered in the same
manner and with the same effect as if this Act had
not been enacted.
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against
the Department of Commerce or the Secretary of
Commerce, or by or against any individual in the of-
ficial capacity of such individual as an officer or em-
ployee of the Department of Commerce, shall abate
by reason of the enactment of this Act.
(5) CONTINUANCE OF SUITS.—If any Govern-
ment officer in the official capacity of such officer
is party to a suit with respect to a function of the
officer, and under this Act such function is trans-
ferred to any other officer or office, then such suit
shall be continued with the other officer or the head
of such other office, as applicable, substituted or
added as a party.
(6) ADMINISTRATIVE
PROCEDURE
AND
JUDI-
CIAL REVIEW.—Except as otherwise provided by this
Act, any statutory requirements relating to notice,
hearings, action upon the record, or administrative
or judicial review that apply to any function trans-
ferred by this Act shall apply to the exercise of such
function by the head of the Federal agency, and
other officers of the agency, to which such function
is transferred by this Act.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) ANADROMOUS SPECIES AND CATADROMOUS
SPECIES.—Each of the terms ‘‘anadromous species’’
and ‘‘catadromous species’’ has the meaning that
term has under section 3 of the Endangered Species
Act of 1973, as amended by section 3 of this Act.
(2) FUNCTION.—The term ‘‘function’’ includes
any duty, obligation, power, authority, responsibility,
right, privilege, activity, or program.
(3) OFFICE.—The term ‘office’ includes any of-
fice, administration, agency, bureau, institute, coun-
cil, unit, organizational entity, or component thereof.
Æ