SEC. 3. CONFORMING AMENDMENTS.
(a) FEDERAL OIL AND GAS ROYALTY MANAGEMENT
ACT OF 1982.—
(1) Section 3(15) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C.
1702(3)) is amended to read as follows:
‘‘(15) ‘Secretary’ means the Secretary of the
Treasury, except that in sections 111(e), 114, 303,
and 304 the term means the Secretary of the Inte-
rior;’’.
(2) Section 106 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1716)
is amended by inserting ‘‘or the Department of the
Treasury’’ after ‘‘Interior’’.
(3) Section 108(b) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C.
1718(b)) is amended in the first sentence by insert-
ing ‘‘of the Treasury or the Secretary of the Inte-
rior’’ after ‘‘Secretary’’.
(4) Section 108(c) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C.
1718(c)) is amended by inserting ‘‘of the Treasury
and the Secretary of the Interior’’ after ‘‘Secretary’’.
(5) Section 101(c)(2) of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C.
1711(c)(2)) is amended to read as follows:
‘‘(2) The Secretary may enter into contracts or other
appropriate arrangements with independent certified pub-
lic accountants, or other entities, that have knowledge of
the financial practices and applicable accounting proce-
dures of oil and gas producers, to undertake audits of ac-
counts and records of any lessee or operator relating to
the lease of oil or gas. Selection of such independent cer-
tified accountants and entities shall be by competitive bid-
ding in accordance with title III of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.), except that the Secretary may not enter into a
contract or other arrangement with any independent cer-
tified public accountant or other entity to audit a lessee
or operator if such lessee or operator is a primary audit
client of such certified public accountant or other entity.’’.
SEC. 4. REFERENCES.
Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to a function transferred by this
Act—
(1) to the Secretary of the Interior or to an of-
ficer of the Department of the Interior is deemed to
refer to the Secretary of the Treasury; or
(2) to an office or agency of the Department of
the Interior is deemed to refer to the Department of
the Treasury.
SEC. 5. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, the Secretary
of the Treasury may, for purposes of performing the func-
tions transferred by this Act, exercise all authorities under
any other provision of law that were available with respect
to the performance of that function to the Secretary of
the Interior or any other officer of the Department of the
Interior immediately before the effective date of the trans-
fer of the function under this Act.
SEC. 6. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of the Interior, any officer or employee of the
Department of the Interior, or any other Govern-
ment official, or by a court of competent jurisdic-
tion, in the performance of any function that is
transferred by this Act, and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary of the
Treasury, any other authorized official, a court of com-
petent jurisdiction, or operation of law.
(b) PROCEEDINGS.—This Act shall not affect 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 regarding
a function transferred by this Act, but such proceedings
and applications 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 modified, termi-
nated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be considered to pro-
hibit the discontinuance or modification of any such pro-
ceeding under the same terms and conditions and to the
same extent that such proceeding could have been discon-
tinued or modified if this Act had not been enacted.
(c) 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, appeals taken,
and judgments rendered in the same manner and with the
same effect as if this Act had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of the Interior or the Secretary of the Interior, or
by or against any individual in the official capacity of such
individual as an officer or employee of the Department of
the Interior, shall abate by reason of the enactment of this
Act.
(e) CONTINUANCE OF SUITS.—If any Government of-
ficer 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 transferred 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, sub-
stituted or added as a party.
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—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 transferred 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. 7. TRANSFER OF ASSETS.
(a) IN GENERAL.—Except as otherwise provided in
this Act, so much of the property, records, and unex-
pended balances of appropriations, allocations, and other
funds employed, used, held, available, or to be made avail-
able in connection with a function transferred to the Sec-
retary of the Treasury by this Act shall be available to
the Secretary of the Treasury at such time or times as
the Director of the Office of Management and Budget di-
rects for use in connection with the function transferred.
(b) PERSONNEL.—The Director of the Office of Man-
agement and Budget shall provide to the Secretary of the
Treasury such personnel acquisition authority as the Sec-
retary determines to be adequate to carry out functions
transferred to the Secretary of the Treasury under this
Act.
(c) TRANSITION PLAN.—Not later than 6 months
after the date of the enactment of this Act, the Secretary
of the Treasury and the Secretary of the Interior shall
jointly prepare and submit to the Congress a plan ensur-
ing orderly transition in the performance of functions and
transfer of assets in accordance with this Act within not
later than 1 year after that date of enactment.
SEC. 8. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or
otherwise provided in this Act, the Secretary of the Treas-
ury may delegate any of the functions so transferred under
this Act to such officers and employees of the Department
of the Treasury as the Secretary may designate, and may
authorize successive redelegations of such functions as
may be necessary or appropriate. No delegation of func-
tions under this section or under any other provision of
this Act shall relieve the official to whom a function is
transferred under this Act of responsibility for the admin-
istration of the function.
SEC. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MAN-
AGEMENT AND BUDGET WITH RESPECT TO
FUNCTIONS TRANSFERRED.
(a) DETERMINATIONS.—If necessary, the Director
shall make any determination of the functions that are
transferred under this Act.
(b) INCIDENTAL TRANSFERS.—The Director, at such
time or times as the Director shall provide, may make
such determinations as may be necessary with regard to
the functions transferred by this Act, and to make such
additional incidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available
to, or to be made available in connection with such func-
tions, as may be necessary to carry out the provisions of
this Act. The Director shall provide for the termination
of the affairs of all entities terminated by this Act and
for such further measures and dispositions as may be nec-
essary to effectuate the purposes of this Act.
SEC. 10. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Director’’ means the Director of
the Office of Management and Budget;
(2) the term ‘‘function’’ includes any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and
(3) the term ‘‘office’’ includes any office, ad-
ministration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
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