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SECTION 1. SHORT TITLE.

This Act may be cited as the ''National Environmental Policy Act
Administrative Reorganization Amendments of 1993''.

SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL ENVIRONMENTAL POLICY ACT
COMPLIANCE.

Sections 201, 202, and 204 of title II of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) are
redesignated and amended to read as follows:
''Sec. 201. (a) There is established in the Executive Office of the
President the Office of National Environmental Policy Act Compliance.
The Office may be referred to as the 'Office of NEPA Compliance'.
''(b) The head of the Office shall be the Director of the Office of
National Environmental Policy Act Compliance, who shall be appointed by
the President, by and with the advice and consent of the Senate. The
compensation of the Director shall be at the rate of compensation
payable to the Deputy Director of the Office of Management and Budget.
''Sec. 202. (a) The Director shall--
''(1) promulgate regulations governing the implementation
of this Act by all Federal agencies (including independent
regulatory commissions) which include provisions for public
review and comment on the detailed statements required by
section 102(2)(C) and, as appropriate, on other documents
prepared pursuant to this Act;
''(2) mediate interagency disputes, including recommending
to the President, as appropriate, resolutions of referrals of
interagency disagreements under section 203;
''(3) monitor Federal agency implementation of this Act and
regulations issued under paragraph (1), including--
''(A) reviewing and approving regulations issued by
other Federal agencies to implement this Act;
''(B) determining which Federal agency is the lead
agency for purposes of compliance with this Act in
cases in which Federal agencies do not agree on which
is the lead agency;
''(C) developing alternative procedures for
complying with this Act in cases in which emergency
circumstances make it necessary for a Federal agency to
take an action with significant environmental impact;
''(D) developing alternative procedures for
complying with this Act, in cases in which a change in
a proposed Federal agency action or new information
relating to the environmental impacts of such an action
makes it necessary to supplement existing analysis
under this Act; and
''(E) developing and publishing guidance to Federal
agencies regarding implementation of title I and
regulations promulgated under paragraph (1); and
''(4) perform such other functions related to environmental
laws, policies, and programs as the President may specify.
''(b) Nothing in this Act shall be construed to affect, alter, or
limit the independence of independent regulatory commissions under the
laws establishing such commissions. The policies, practices, and
interpretations under this Act and the Environmental Quality
Improvement Act of 1970 and other laws applicable to, or adopted by,
such commissions or the Council on Environmental Quality before the
date of the enactment of the National Environmental Policy Act
Administrative Reorganization Amendments of 1993 shall continue in
effect to the extent they are consistent with such independence and
carry out the purposes of such Acts.
''(c)(1) The Director, subject to paragraph (2), shall--
''(A) review and appraise the various programs and
activities of the Federal Government in light of the policy set
forth in title I for the purpose of determining the extent to
which such programs and activities are contributing to the
achievement of such policy and make recommendations to the
President with respect thereto;
''(B) coordinate or facilitate the development of
recommendations to the President regarding national policies to
foster and promote the improvement of environmental quality to
meet the conservation, social, economic, health, and other
requirements and goals of the Nation; and
''(C) coordinate or facilitate the development of such
studies, reports thereon, and recommendations with respect to
matters of policy and legislation, as the President may
request.
''(2) The President may transfer to another official in the
Executive Office of the President, by Executive order, any function of
the Director under this subsection.
''(d)(1) The Director, subject to paragraph (2), shall--
''(A) assist Federal agencies and departments in appraising
the effectiveness of existing and proposed facilities,
programs, policies, and activities of the Federal Government,
and those specific major projects designated by the President
which do not require individual project authorization by the
Congress, which affect environmental quality; and
''(B) assist in coordinating among Federal departments and
agencies those programs and activities which affect, protect,
and improve environmental quality.
''(2) The President may transfer to another official in the
Executive Office of the President or to the head of any Federal agency,
by Executive order, any function of the Director under this subsection.
''(e) The Director shall keep the appropriate Committees of the
Senate and the House of Representatives informed of the actions,
regulations, policies, and practices of the Office in carrying out the
functions and other requirements of the Director and the Office under
this Act (other than functions of the Director transferred in
accordance with subsection (c)(2) or (d)(2)).
''Sec. 203. Referrals of interagency disagreements by the head of
any Federal agency concerning proposed major Federal actions
significantly affecting the quality of the human environment under
section 102(2)(C) or concerning matters under section 309(b) of the
Clean Air Act shall be made to the Office for mediation and, as
appropriate, resolution by the President.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO NEPA.

Sections 203, 205, 207, and 208 of the National Environmental
Policy Act of 1969, as in effect on the date of enactment of this Act,
are redesignated in order as sections 204, 205, 206, and 207,
respectively; such sections are each amended by striking ''Council''
and inserting ''Office'' each place it appears; and section 206 of such
Act, as in effect on the day before the date of the enactment of this
Act, is repealed.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS TO THE ENVIRONMENTAL
QUALITY IMPROVEMENT ACT OF 1970.

The Environmental Quality Improvement Act of 1970 (42 U.S.C. 4372
et seq.) is amended--
(1) in section 202(c) by--
(A) striking ''The purposes'' and all that follows
through ''(1) to'' and inserting ''the purpose of this
title is to''; and
(B) striking ''; and'' and all that follows through
the end of the section and inserting a period;
(2) in section 203, by striking subsections (a) through (d)
and the designation for subsection (e);
(3) by striking sections 204 and 205;
(4) in section 206(a), by striking ''Office of
Environmental Quality Management Fund'' and inserting ''Office
of National Environmental Policy Act Compliance Management
Fund'';
(5) by redesignating section 206 as section 204; and
(6) by adding at the end the following:

''definitions

''Sec. 205. In this title, each of the terms 'Director' and
'Office' has the meaning given that term in section 3 of the National
Environmental Policy Act of 1969.''.

SEC. 5. ASSISTANCE FOR OFFICE OF NATIONAL ENVIRONMENTAL POLICY ACT
COMPLIANCE.

The National Environmental Policy Act of 1969 (as amended by
section 3) is amended by inserting after section 207 the following:
''Sec. 208. To assist in the timely performance of the functions of
the Office, the Director may utilize personnel or otherwise obtain
assistance from other entities in the Executive Office of the President
or other Federal agencies, by mutual consent with the heads of those
entities or agencies, to assist the Director in performing the
functions of the Office.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

Section 209 of the National Environmental Policy Act of 1969 is
amended to read as follows:
''Sec. 209. (a) There are authorized to be appropriated to the
Director to carry out the functions of the Director under this or any
other Act--
''(1) $1,000,000 for fiscal year 1994;
''(2) $1,100,000 for fiscal year 1995;
''(3) $1,200,000 for fiscal year 1996; and
''(4) $1,400,000 for fiscal year 1997.
''(b) Amounts appropriated to, or available for the use of, the
Office or the Director shall remain available until expended.''.

SEC. 7. DEFINITIONS.

The National Environmental Policy Act of 1969 is amended by
inserting after section 2 (42 U.S.C. 4321) the following:
''Sec. 3. In this Act:
''(1) The term 'Director' means the Director of the Office
of National Environmental Policy Act Compliance appointed under
section 201(b).
''(2) The term 'Fund' means the Office of National
Environmental Policy Act Compliance Management Fund established
by section 204 of the Environmental Quality Improvement Act of
1970.
''(3) The term 'Office' means the Office of National
Environmental Policy Act Compliance established by section
201(a).''.

SEC. 8. TRANSFER OF FUNCTIONS TO SECRETARY OF THE ENVIRONMENT.

(a) Transfers.--There are transferred to the Secretary of the
Environment--
(1) the functions of the Council on Environmental Quality
under paragraphs (2), (5), (6), and (7) of section 204 of the
National Environmental Policy Act of 1969, as in effect on the
day before the date of the enactment of this Act; and
(2) the functions of the Chairman of the Council on
Environmental Quality (as Director of the Office of
Environmental Quality) under paragraphs (3), (4), (6), and (7)
of section 203(d) of the Environmental Quality Improvement Act
of 1970, as in effect on the day before the date of the
enactment of this Act.
(b) Construction.--The functions transferred to the Secretary of
the Environment by this section or pursuant to any executive order
issued pursuant to amendments made by this Act shall not be construed
by anyone to affect, alter, change, or amend any other law or
regulation administered by the Secretary or his or her delegate.
(c) Accountability.--The Secretary of the Environment shall be
accountable to the appropriate committees of the Senate and House of
Representatives for all functions described in subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary such sums as may be necessary
specifically to carry out the functions described in subsection (b)
effectively and in a timely manner.

SEC. 9. TERMINATION OF COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY.

(a) Termination.--The Council on Environmental Quality and the
Office of Environmental Quality are terminated.
(b) References.--Reference to the Council on Environmental Quality,
the Office of Environmental Quality, or any officer or employee of that
council or that office in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or in any document of or
relating to the Council on Environmental Quality--
(1) with respect to functions that were vested in that
council or office on the day before the date of the enactment
of this Act and are vested in the Director of the Office of
National Environmental Policy Act Compliance Office by section
202 of the National Environmental Policy Act of 1969, as
amended by section 2 of this Act, is deemed to refer to the
Director of the Office of National Environmental Policy Act
Compliance or to such other official to whom such a function is
transferred in accordance with section 202(c)(2) or (d)(2) of
that Act, as appropriate; or
(2) with regard to disputes, disagreements, and matters
described in sections 202(a)(2) and 203 of that Act, as amended
by section 2 of this Act, is deemed to refer to the Director of
the Office of National Environmental Policy Act Compliance or
to that office, as appropriate.
(c) Savings Provisions.--
(1) Continuation of orders, etc.--All orders,
determinations, rules, regulations, agreements, grants,
contracts, privileges, and other administrative actions--
(A) which have been issued, made, granted, or
allowed to become effective by the President, the
Council on Environmental Quality, or the Office of
Environmental Quality, in the performance of functions
of the Council on Environmental Quality or the Office
of Environmental Quality, or by a court of competent
jurisdiction with respect to those functions, and
(B) which are in effect on the date of the
enactment of this Act, or were final before that date
of enactment and are to become effective on or after
that date of enactment,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Director of the
Office of National Environmental Policy Act Compliance, any
other authorized official, a court of competent jurisdiction,
or operation of law.
(2) Continuation of proceedings and applications.--The
provisions of this Act shall not affect any proceedings pending
before the Council on Environmental Quality on the date of the
enactment of this Act, but such proceedings 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 proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this paragraph shall be
considered to prohibit the discontinuance or modification of
any such proceeding 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 not affected.--The provisions of this section
shall not affect suits commenced before the date of the
enactment of this Act, and in all such suits, proceedings 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.
(4) Suits involving council or office.--No suit, action, or
other proceeding commenced by or against the Council on
Environmental Quality or the Office of Environmental Quality,
or by or against any individual in the official capacity of
such individual as an officer or employee of the Council or
that Office, shall abate by reason of the enactment of this
Act.
(5) Rulemaking.--Any administrative action relating to the
preparation or promulgation of a regulation by the Council on
Environmental Quality shall be continued by the Director of the
Office of National Environmental Policy Act Compliance or the
President with the same effect as if this Act had not been
enacted.
(6) Assets and interests.--The contracts, liabilities,
records, property, and other assets and interests of the
Council on Environmental Quality and the Office of
Environmental Quality shall, on and after the date of the
enactment of this Act, be considered to be the contracts,
liabilities, records, property, and other assets and interests
of the Office of National Environmental Policy Act Compliance.
(d) Continuing Availability of Amounts.--Amounts available to the
Council on Environmental Quality on the date of the enactment of this
Act shall be available for use by the Director of the Office of
National Environmental Policy Act Compliance.

SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.

The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) is amended--
(1) in section 2 (42 U.S.C. 4321)--
(A) by inserting ''and'' after ''man;''; and
(B) by striking ''Nation;'' and all that follows
through the end of the section and inserting
''Nation.'';
(2) by striking ''Council on Environmental Quality'' each
place that term appears and inserting ''Director'';
(3) in section 102(2)(B) (42 U.S.C. 4332(2)(B)) by striking
''established by title II of this Act'';
(4) in section 102(2)(G) (42 U.S.C. 4332(2)(G)) by
inserting ''and'' after the semicolon;
(5) in section 102(2)(H) (42 U.S.C. 4332(2)(H)) by striking
''; and'' and inserting a period;
(6) by striking section 102(2)(I) (42 U.S.C. 4332(2)(I));
(7) in section 205(1) (42 U.S.C. 4345(1)) by striking ''the
Citizen's'' and all that follows through ''and with''; and
(8) in section 205(2) (42 U.S.C. 4345(2)) by striking ''the
Council's'' and inserting ''the Office's''.

HR 3484 IH----2
National Environmental Policy Act Administrative Reorganization Amendments of 1993 - Amends the National Environmental Policy Act of 1969 (the Act) to replace provisions regarding the Council on Environmental Quality with those establishing an Office of National Environmental Policy (NEPA) Compliance in the Executive Office of the President. Requires the Office to be headed by a Director appointed by the President.
Requires the Director to: (1) promulgate regulations governing the implementation of the Act by all Federal agencies; (2) mediate interagency disputes; (3) monitor Federal agency implementation of the Act and regulations; and (4) perform other functions related to environmental laws, policies, and programs as specified by the President.
Amends the Environmental Quality Improvement Act of 1970 to remove provisions regarding the Office of Environmental Quality.
Authorizes appropriations for the Office of NEPA Compliance.
Transfers certain duties of the Council, including making an annual report on the state of the environment, to the Secretary of the Environment. Authorizes appropriations.
Terminates the Council and the Office of Environmental Quality and transfers functions to the Office of NEPA Compliance. Makes existing Council funds available for the Director.