I
106TH CONGRESS
2D SESSION
H. R. 3892
To amend the Marine Protection, Research, and Sanctuaries Act of 1972
to transfer to a Commission on Dredge Material Policy the authority
to issue permits for transportation of dredged material for the purpose
of dumping it into ocean waters.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2000
Mr. PALLONE introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend the Marine Protection, Research, and Sanctuaries
Act of 1972 to transfer to a Commission on Dredge
Material Policy the authority to issue permits for trans-
portation of dredged material for the purpose of dumping
it into ocean waters.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safe and Healthy Oce-
anic Recovery and Enhancement Act’’.
SEC. 2. TRANSFER OF AUTHORITY TO ISSUE PERMITS FOR
TRANSPORTATION OF DREDGED MATERIAL
FOR OCEAN DUMPING.
(a) TRANSFER.—The authority under section 103 of
the Marine Protection, Research, and Sanctuaries Act of
1972 (33 U.S.C. 1413) to issue permits for transportation
of dredged material for the purpose of dumping it into
ocean waters is transferred from the Secretary of the
Army to the Commission on Dredge Material Policy estab-
lished by the amendment made by section 3 of this Act
(in this section referred to as the ‘‘Commission’’).
(b) 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 authority is transferred by this
section to the head of such department or office, or to
such department or office, is deemed to refer to the Com-
mission.
(c) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Commission may, for purposes
of performing the authority transferred by this section, ex-
ercise all authorities under any other provision of law that
were available with respect to the exercise of that author-
ity to the Secretary of the Army immediately before the
effective date of the transfer of the function under this
section.
(d) 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 the Army or any other Government official,
or by a court of competent jurisdiction, in the
exercise of any authority that is transferred by
this section, and
(B) 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 re-
voked in accordance with law by the President, the
Commission, a court of competent jurisdiction, or
operation of law.
(2) PROCEEDINGS.—This section shall not af-
fect any proceedings or any application for any bene-
fits, service, license, permit, certificate, or financial
assistance pending on the date of the enactment of
this Act with respect to any authority transferred by
this section, 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 section had not been enacted, and orders
issued in any such proceeding shall continue in ef-
fect until modified, terminated, superseded, or re-
voked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Noth-
ing in this paragraph shall be considered to prohibit
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 discontinued or modified if this section had not
been enacted.
(3) SUITS.—This section shall not affect suits
commenced 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 section
had not been enacted.
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against
any individual in the official capacity of such indi-
vidual as an officer or employee responsible for exer-
cising an authority transferred by this section, 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 section the authority to per-
form such function is transferred to any other offi-
cer 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 the exercise of any
authority transferred by this section shall apply to
the exercise of such authority by the Commission.
(e) TRANSFER OF ASSETS.—Except as otherwise pro-
vided in this Act, so much of the personnel, property,
records, and unexpended balances of appropriations, allo-
cations, and other funds employed, used, held, available,
or to be made available in connection with an authority
transferred to the Commission by this section shall be
available to the Commission at such time or times as the
Director of the Office of Management and Budget directs
for use in connection with the authorities transferred.
(f) DELEGATION AND ASSIGNMENT.—Except as oth-
erwise expressly prohibited by law or otherwise provided
in this Act, the Commission may delegate any of the au-
thorities transferred to the Commission by this section to
such officers and employees of the Commission as the
Commission may designate, and may authorize successive
redelegations of such authority as may be necessary or ap-
propriate. No delegation of functions under this subsection
or under any other provision of this Act shall relieve the
Commission of responsibility for the administration of the
authority.
(g) AUTHORITY OF DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET WITH RESPECT TO FUNC-
TIONS TRANSFERRED.—
(1) DETERMINATIONS.—If necessary, the Di-
rector of the Office of Management and Budget
shall make any determination of the authority that
are transferred under this section.
(2) INCIDENTAL TRANSFERS.—The Director of
the Office of Management and Budget, at such time
or times as the Director shall provide, may make
such determinations as may be necessary with re-
gard to the authority transferred by this section,
and may make such additional incidental disposi-
tions of personnel, assets, liabilities, grants, con-
tracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or
to be made available in connection with such author-
ity as may be necessary to carry out the provisions
of this Act. The Director shall provide for the termi-
nation of the affairs of all entities terminated pursu-
ant to this Act and for such further measures and
dispositions as may be necessary to effectuate this
Act.
(h) AVAILABILITY OF EXISTING FUNDS.—Existing
appropriations and funds available for the performance of
functions, programs, and activities terminated pursuant to
this Act shall remain available, for the duration of their
period of availability, for necessary expenses in connection
with the termination and resolution of such functions, pro-
grams, and activities.
(i) CONFORMING AMENDMENTS.—The Marine Pro-
tection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1413) is amended—
(1) in section 3 (33 U.S.C. 1402) by adding at
the end the following:
‘‘(f) CONTRACT AUTHORITY.—The Commission may
contract with and compensate government and private
agencies or persons for supplies and services.’’.
Æ