SEC. 2. 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 respect 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. 
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‘‘(23) The term ‘catadromous species’ means a 
species of fish that spawn in ocean waters and mi-
grate to fresh waters.’’. 
SEC. 3. 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, 
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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-
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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 
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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. 4. DEFINITIONS. 
For purposes of this Act: 
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(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 
office, administration, agency, bureau, institute, 
council, unit, organizational entity, or component 
thereof. 
Æ 
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