Authorizing Statute

§ 7151a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

the Executive Orders referred to in this Section are
amended or modified as follows:
(1) All current Executive Orders which refer to functions of the Atomic Energy Commission, including Executive Order No. 10127, as amended; Executive Order
No. 10865, as amended [set out as a note under 50 U.S.C.
435]; Executive Order No. 10899 of December 9, 1960 [set
out as a note under 42 U.S.C. 2162]; Executive Order No.
11057 of December 18, 1962 [set out as a note under 42
U.S.C. 2162]; Executive Order No. 11477 of August 7, 1969
[set out as a note under 42 U.S.C. 2187]; Executive Order
No. 11752 of December 17, 1973 [formerly set out as a
note under 42 U.S.C. 4331]; and Executive Order No.
11761 of January 17, 1974 [formerly set out as a note
under 20 U.S.C. 1221]; are modified to provide that all
such functions shall be exercised by (1) the Secretary of
Energy to the extent consistent with the functions of
the Atomic Energy Commission that were transferred
to the Administrator of Energy Research and Development pursuant to the Energy Organization Act of 1974
(Public Law 93–438; 88 Stat. 1233) [42 U.S.C. 5801 et seq.],
and (2) the Nuclear Regulatory Commission to the extent consistent with the functions of the Atomic Energy Commission that were transferred to the Commission by the Energy Reorganization Act of 1974 [42
U.S.C. 5801 et seq.].
(2) Executive Order No. 11652, as amended [formerly
set out as a note under 50 U.S.C. 435], relating to the
classification of national security matters, is further
amended by substituting ‘‘Department of Energy’’ for
‘‘Energy Research and Development Administration’’
in Sections 2(A), 7(A) and 8 and by deleting ‘‘Federal
Power Commission’’ in Section 2(B)(3).
(3) Executive Order No. 11902 of February 2, 1976 [formerly set out as a note under 42 U.S.C. 5841], relating
to export licensing policy for nuclear materials and
equipment, is amended by substituting ‘‘the Secretary
of Energy’’ for ‘‘the Administrator of the United States
Energy Research and Development Administration,
hereinafter referred to as the Administrator’’ in Section 1(b) and for the ‘‘Administrator’’ in Sections 2 and
3.
(4) Executive Order No. 11905, as amended, [formerly
set out as a note under 50 U.S.C. 401], relating to foreign intelligence activities, is further amended by deleting ‘‘Energy Research and Development Administration’’, ‘‘Administrator or the Energy Research and Development Administration’’, and ‘‘ERDA’’ wherever
those terms appear and substituting ‘‘Department of
Energy’’, ‘‘Secretary of Energy’’, and ‘‘DOE’’ respectively.
(5) Section 3(2) of each of the following Executive Orders is amended by substituting ‘‘Department of Energy’’ for ‘‘Energy Research and Development Administration’’:
(i) Executive Order No. 11345, as amended [formerly
set out as a note under 42 U.S.C. 1962b], establishing the
Great Lakes River Basin Commission.
(ii) Executive Order No. 11371, as amended [formerly
set out as a note under 42 U.S.C. 1962b], establishing the
New England River Basin Commission.
(iii) Executive Order No. 11578, as amended [formerly
set out as a note under 42 U.S.C. 1962b], establishing the
Ohio River Basin Commission.
(iv) Executive Order No. 11658, as amended [formerly
set out as a note under 42 U.S.C. 1962b], establishing the
Missouri River Basin Commission.
(v) Executive Order No. 11659, as amended [formerly
set out as a note under 42 U.S.C. 1962b], establishing the
Mississippi River Basin Commission.
SEC. 5. Special Provisions Relating to Emergency Preparedness and Mobilization Functions.
(a) Executive Order No. 10480, as amended [formerly
set out as a note under 50 U.S.C. App. 2153], is further
amended by adding thereto the following new Sections:
‘‘Sec. 609. Effective October 1, 1977, the Secretary of
Energy shall exercise all authority and discharge all
responsibility herein delegated to or conferred upon (a)
the Atomic Energy Commission, and (b) with respect to
petroleum, gas, solid fuels and electric power, upon the
Secretary of the Interior.

Page 5590

‘‘Sec. 610. Whenever the Administrator of General
Services believes that the functions of an Executive
agency have been modified pursuant to law in such
manner as to require the amendment of any Executive
order which relates to the assignment of emergency
preparedness functions or the administration of mobilization programs, he shall promptly submit any proposals for the amendment of such Executive orders to the
Director of the Office of Management and Budget in accordance with the provisions of Executive Order No.
11030, as amended [set out as a note under 44 U.S.C.
1505].
(b) Executive Order No. 11490, as amended [formerly
set out as a note under 50 U.S.C. App. 2251], is further
amended by adding thereto the following new section:
‘‘Sec. 3016. Effective October 1, 1977, the Secretary of
Energy shall exercise all authority and discharge all
responsibility herein delegated to or conferred upon (a)
the Federal Power Commission, (b) the Energy Research and Development Administration, and (c) with
respect to electric power, petroleum, gas and solid
fuels, upon the Department of the Interior.’’.
SEC. 6. This Order shall be effective as of October 1,
1977, the effective date of the Department of Energy Organization Act [this chapter] pursuant to the provisions of section 901 [42 U.S.C. 7341] thereof and Executive Order No. 12009 of September 13, 1977 [formerly set
out as a note under 42 U.S.C. 7341], and all actions
taken by the Secretary of Energy on or after October
1, 1977, which are consistent with the foregoing provisions are entitled to full force and effect.
JIMMY CARTER.

§ 7151a. Jurisdiction over matters transferred
from Energy Research and Development Administration
Notwithstanding any other provision of law,
jurisdiction over matters transferred to the Department of Energy from the Energy Research
and Development Administration which on the
effective date of such transfer were required by
law, regulation, or administrative order to be
made on the record after an opportunity for an
agency hearing may be assigned to the Federal
Energy Regulatory Commission or retained by
the Secretary at his discretion.
(Pub. L. 95–238, title I, § 104(a), Feb. 25, 1978, 92
Stat. 53.)
CODIFICATION
Section was enacted as part of the Department of Energy Act of 1978—Civilian Applications, and not as part
of the Department of Energy Organization Act which
comprises this chapter.

§ 7152. Transfers from Department of the Interior
(a) Functions relating to electric power
(1) There are transferred to, and vested in, the
Secretary all functions of the Secretary of the
Interior under section 825s of title 16, and all
other functions of the Secretary of the Interior,
and officers and components of the Department
of the Interior, with respect to—
(A) the Southeastern Power Administration;
(B) the Southwestern Power Administration;
(C) the Bonneville Power Administration including but not limited to the authority contained in the Bonneville Project Act of 1937 [16
U.S.C. 832 et seq.] and the Federal Columbia
River Transmission System Act [16 U.S.C. 838
et seq.];
(D) the power marketing functions of the
Bureau of Reclamation, including the con-

Page 5591

TITLE 42—THE PUBLIC HEALTH AND WELFARE

struction, operation, and maintenance of
transmission lines and attendant facilities;
and
(E) the transmission and disposition of the
electric power and energy generated at Falcon
Dam and Amistad Dam, international storage
reservoir projects on the Rio Grande, pursuant
to the Act of June 18, 1954, as amended by the
Act of December 23, 1963.
(2) The Southeastern Power Administration,
the Southwestern Power Administration, and
the Bonneville Power Administration,1 shall be
preserved as separate and distinct organizational entities within the Department. Each
such entity shall be headed by an Administrator
appointed by the Secretary. The functions
transferred to the Secretary in paragraphs
(1)(A), (1)(B), (1)(C), and (1)(D) shall be exercised
by the Secretary, acting by and through such
Administrators. Each such Administrator shall
maintain his principal office at a place located
in the region served by his respective Federal
power marketing entity.
(3) The functions transferred in paragraphs
(1)(E) and (1)(F) 2 of this subsection shall be exercised by the Secretary, acting by and through a
separate and distinct Administration within the
Department which shall be headed by an Administrator appointed by the Secretary. The Administrator shall establish and shall maintain such
regional offices as necessary to facilitate the
performance of such functions. Neither the
transfer of functions effected by paragraph (1)(E)
of this subsection nor any changes in cost allocation or project evaluation standards shall be
deemed to authorize the reallocation of joint
costs of multipurpose facilities theretofore allocated unless and to the extent that such change
is hereafter approved by Congress.
(b), (c) Repealed. Pub. L. 97–100, title II, § 201,
Dec. 23, 1981, 95 Stat. 1407
(d) Functions of Bureau of Mines
There are transferred to, and vested in, the
Secretary those functions of the Secretary of
the Interior, the Department of the Interior, and
officers and components of that Department
under the Act of May 15, 1910, and other authorities, exercised by the Bureau of Mines, but limited to—
(1) fuel supply and demand analysis and data
gathering;
(2) research and development relating to increased efficiency of production technology of
solid fuel minerals, other than research relating to mine health and safety and research relating to the environmental and leasing consequences of solid fuel mining (which shall remain in the Department of the Interior); and
(3) coal preparation and analysis.
(Pub. L. 95–91, title III, § 302, Aug. 4, 1977, 91 Stat.
578; Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95
Stat. 1407; Pub. L. 104–58, title I, § 104(h), Nov. 28,
1995, 109 Stat. 560.)
REFERENCES IN TEXT
The Bonneville Project Act of 1937, referred to in subsec. (a)(1)(C), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as
1 So

in original. The comma probably should not appear.
References in Text note below.

2 See

§ 7152

amended, which is classified generally to chapter 12B
(§ 832 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title
note set out under section 832 of Title 16 and Tables.
The Federal Columbia River Transmission System
Act, referred to in subsec. (a)(1)(C), is Pub. L. 93–454,
Oct. 18, 1974, 88 Stat. 1376, as amended, which is classified generally to chapter 12G (§ 838 et seq.) of Title 16,
Conservation. For complete classification of this Act to
the Code, see Short Title note set out under section 838
of Title 16 and Tables.
Act of June 18, 1954, as amended by the Act of December 23, 1963, referred to in subsec. (a)(1)(E), is act June
18, 1954, ch. 310, 68 Stat. 255, which was not classified to
the Code.
Paragraphs (1)(E) and (1)(F) of this subsection, referred to in subsec. (a)(3), were redesignated as pars.
(1)(D) and (1)(E) of this subsection, respectively, by
Pub. L. 104–58, title I, § 104(h)(1)(B), Nov. 28, 1995, 109
Stat. 560.
Act of May 15, 1910, referred to in subsec. (d), as
amended, probably means act May 16, 1910, ch. 240, 36
Stat. 369, which is classified to sections 1, 3, and 5 to 7
of Title 30, Mineral Lands and Mining. For complete
classification of this Act to the Code, see Tables.
AMENDMENTS
1995—Subsec. (a)(1)(C) to (F). Pub. L. 104–58, § 104(h)(1),
redesignated subpars. (D) to (F) as (C) to (E), respectively, and struck out former subpar. (C) which read as
follows: ‘‘the Alaska Power Administration;’’.
Subsec. (a)(2). Pub. L. 104–58, § 104(h)(2), inserted
‘‘and’’ after ‘‘Southwestern Power Administration,’’
and struck out ‘‘and the Alaska Power Administration’’ after ‘‘Bonneville Power Administration,’’.
1981—Subsecs. (b), (c). Pub. L. 97–100 struck out subsecs. (b) and (c) which related, respectively, to the
functions of the Secretary of Energy to promulgate
regulations under certain provisions of the Outer Continental Shelf Lands Act, the Mineral Lands Leasing
Act, the Mineral Leasing Act for Acquired Lands, the
Geothermal Steam Act of 1970, and the Energy Policy
and Conservation Act and to the functions of establishing production rates for all Federal leases.
CHANGE OF NAME
Bureau of Mines redesignated United States Bureau
of Mines by section 10(b) of Pub. L. 102–285, set out as
a note under section 1 of Title 30, Mineral Lands and
Mining. For provisions relating to closure and transfer
of functions of the United States Bureau of Mines, see
note set out under section 1 of Title 30.
EFFECTIVE DATE OF 1995 AMENDMENT
For effective date of amendment by Pub. L. 104–58,
see section 104(h) of Pub. L. 104–58, set out below.
ALASKA POWER ADMINISTRATION ASSET SALE AND
TERMINATION
Title I of Pub. L. 104–58 provided that:
‘‘SEC. 101. SHORT TITLE.
‘‘This title may be cited as the ‘Alaska Power Administration Asset Sale and Termination Act’.
‘‘SEC. 102. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) The term ‘Eklutna’ means the Eklutna Hydroelectric Project and related assets as described in section 4 and Exhibit A of the Eklutna Purchase Agreement.
‘‘(2) The term ‘Eklutna Purchase Agreement’ means
the August 2, 1989, Eklutna Purchase Agreement between the Alaska Power Administration of the Department of Energy and the Eklutna Purchasers, together with any amendments thereto adopted before
the enactment of this section [Nov. 28, 1995].
‘‘(3) The term ‘Eklutna Purchasers’ means the Municipality of Anchorage doing business as Municipal
Light and Power, the Chugach Electric Association,
Inc. and the Matanuska Electric Association, Inc.

§ 7152

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(4) The term ‘Snettisham’ means the Snettisham
Hydroelectric Project and related assets as described
in section 4 and Exhibit A of the Snettisham Purchase Agreement.
‘‘(5) The term ‘Snettisham Purchase Agreement’
means the February 10, 1989, Snettisham Purchase
Agreement between the Alaska Power Administration of the Department of Energy and the Alaska
Power Authority and its successors in interest, together with any amendments thereto adopted before
the enactment of this section.
‘‘(6) The term ‘Snettisham Purchaser’ means the
Alaska Industrial Development and Export Authority
or a successor State agency or authority.
‘‘SEC. 103. SALE OF EKLUTNA AND SNETTISHAM
HYDROELECTRIC PROJECTS.
‘‘(a) SALE OF EKLUTNA.—The Secretary of Energy is
authorized and directed to sell Eklutna to the Eklutna
Purchasers in accordance with the terms of this Act
and the Eklutna Purchase Agreement.
‘‘(b) SALE OF SNETTISHAM.—The Secretary of Energy
is authorized and directed to sell Snettisham to the
Snettisham Purchaser in accordance with the terms of
this Act and the Snettisham Purchase Agreement.
‘‘(c) COOPERATION OF OTHER AGENCIES.—The heads of
other Federal departments, agencies, and instrumentalities of the United States shall assist the Secretary
of Energy in implementing the sales and conveyances
authorized and directed by this title.
‘‘(d) PROCEEDS.—Proceeds from the sales required by
this title shall be deposited in the Treasury of the
United States to the credit of miscellaneous receipts.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be necessary to prepare, survey, and acquire Eklutna and
Snettisham for sale and conveyance. Such preparations
and acquisitions shall provide sufficient title to ensure
the beneficial use, enjoyment, and occupancy by the
purchasers.
‘‘(f) CONTRIBUTED FUNDS.—Notwithstanding any other
provision of law, the Alaska Power Administration is
authorized to receive, administer, and expend such contributed funds as may be provided by the Eklutna Purchasers or customers or the Snettisham Purchaser or
customers for the purposes of upgrading, improving,
maintaining, or administering Eklutna or Snettisham.
Upon the termination of the Alaska Power Administration under section 104(f), the Secretary of Energy shall
administer and expend any remaining balances of such
contributed funds for the purposes intended by the contributors.
‘‘SEC. 104. EXEMPTION AND OTHER PROVISIONS.
‘‘(a) FEDERAL POWER ACT.—(1) After the sales authorized by this Act occur, Eklutna and Snettisham, including future modifications, shall continue to be exempt from the requirements of Part I of the Federal
Power Act (16 U.S.C. 791a et seq.), except as provided in
subsection (b).
‘‘(2) The exemption provided by paragraph (1) shall
not affect the Memorandum of Agreement entered into
among the State of Alaska, the Eklutna Purchasers,
the Alaska Energy Authority, and Federal fish and
wildlife agencies regarding the protection, mitigation
of, damages to, and enhancement of fish and wildlife,
dated August 7, 1991, which remains in full force and effect.
‘‘(3) Nothing in this title or the Federal Power Act
preempts the State of Alaska from carrying out the responsibilities and authorities of the Memorandum of
Agreement.
‘‘(b) SUBSEQUENT TRANSFERS.—Except for subsequent
assignment of interest in Eklutna by the Eklutna Purchasers to the Alaska Electric Generation and Transmission Cooperative Inc. pursuant to section 19 of the
Eklutna Purchase Agreement, upon any subsequent
sale or transfer of any portion of Eklutna or
Snettisham from the Eklutna Purchasers or the
Snettisham Purchaser to any other person, the exemption set forth in paragraph (1) of subsection (a) of this
section shall cease to apply to such portion.

Page 5592

‘‘(c) REVIEW.—(1) The United States District Court for
the District of Alaska shall have jurisdiction to review
decisions made under the Memorandum of Agreement
and to enforce the provisions of the Memorandum of
Agreement, including the remedy of specific performance.
‘‘(2) An action seeking review of a Fish and Wildlife
Program (‘Program’) of the Governor of Alaska under
the Memorandum of Agreement or challenging actions
of any of the parties to the Memorandum of Agreement
prior to the adoption of the Program shall be brought
not later than 90 days after the date on which the Program is adopted by the Governor of Alaska, or be
barred.
‘‘(3) An action seeking review of implementation of
the Program shall be brought not later than 90 days
after the challenged act implementing the Program, or
be barred.
‘‘(d) EKLUTNA LANDS.—With respect to Eklutna lands
described in Exhibit A of the Eklutna Purchase Agreement:
‘‘(1) The Secretary of the Interior shall issue rightsof-way to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers—
‘‘(A) at no cost to the Eklutna Purchasers;
‘‘(B) to remain effective for a period equal to the
life of Eklutna as extended by improvements, repairs, renewals, or replacements; and
‘‘(C) sufficient for the operation of, maintenance
of, repair to, and replacement of, and access to,
Eklutna facilities located on military lands and
lands managed by the Bureau of Land Management,
including lands selected by the State of Alaska.
‘‘(2) Fee title to lands at Anchorage Substation
shall be transferred to Eklutna Purchasers at no additional cost if the Secretary of the Interior determines that pending claims to, and selections of, those
lands are invalid or relinquished.
‘‘(3) With respect to the Eklutna lands identified in
paragraph 1 of Exhibit A of the Eklutna Purchase
Agreement, the State of Alaska may select, and the
Secretary of the Interior shall convey to the State,
improved lands under the selection entitlements in
section 6 of the Act of July 7, 1958 (commonly referred to as the Alaska Statehood Act, Public Law
85–508; 72 Stat. 339) [set out as a note preceding section 21 of Title 48, Territories and Insular Possessions], and the North Anchorage Land Agreement
dated January 31, 1983. This conveyance shall be subject to the rights-of-way provided to the Eklutna
Purchasers under paragraph (1).
‘‘(e) SNETTISHAM LANDS.—With respect to the
Snettisham lands identified in paragraph 1 of Exhibit A
of the Snettisham Purchase Agreement and Public
Land Order No. 5108, the State of Alaska may select,
and the Secretary of the Interior shall convey to the
State of Alaska, improved lands under the selection entitlements in section 6 of the Act of July 7, 1958 (commonly referred to as the Alaska Statehood Act, Public
Law 85–508; 72 Stat. 339).
‘‘(f) TERMINATION OF ALASKA POWER ADMINISTRATION.—Not later than one year after both of the sales
authorized in section 103 have occurred, as measured by
the Transaction Dates stipulated in the Purchase
Agreements, the Secretary of Energy shall—
‘‘(1) complete the business of, and close out, the
Alaska Power Administration;
‘‘(2) submit to Congress a report documenting the
sales; and
‘‘(3) return unobligated balances of funds appropriated for the Alaska Power Administration to the
Treasury of the United States.
‘‘(g) REPEALS.—(1) The Act of July 31, 1950 (64 Stat.
382) [enacting sections 312 to 312d of Title 48, Territories and Insular Possessions, and provisions formerly
set out as a note under section 312 of Title 48] is repealed effective on the date that Eklutna is conveyed
to the Eklutna Purchasers [ownership of Eklutna
project transferred Oct. 2, 1997].
‘‘(2) Section 204 of the Flood Control Act of 1962 (76
Stat. 1193) is repealed effective on the date that

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Snettisham is conveyed to the Snettisham Purchaser
[purchase of Snettisham project completed Aug. 19,
1998].
‘‘(3) The Act of August 9, 1955 [enacting sections
1962d–12 to 1962d–14 of this title], concerning water resources investigation in Alaska (69 Stat. 618), is repealed.
‘‘(h) DOE ORGANIZATION ACT.—As of the later of the
two dates determined in paragraphs (1) and (2) of subsection (g), section 302(a) of the Department of Energy
Organization Act (42 U.S.C. 7152(a)) is amended—
‘‘(1) in paragraph (1)—
‘‘(A) by striking subparagraph (C); and
‘‘(B) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (C), (D), and (E) respectively;
and
‘‘(2) in paragraph (2) by striking out ‘and the Alaska Power Administration’ and by inserting ‘and’
after ‘Southwestern Power Administration,’.
‘‘(i) DISPOSAL.—The sales of Eklutna and Snettisham
under this title are not considered disposal of Federal
surplus property under the Federal Property and Administrative Services Act of 1949 [now chapters 1 to 11
of Title 40, Public Buildings, Property, and Works, and
title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)]
(40 U.S.C. 484) [now 40 U.S.C. 541–555] or the Act of October 3, 1944, popularly referred to as the ‘Surplus Property Act of 1944’ (50 U.S.C. App. 1622).
‘‘SEC. 105. OTHER FEDERAL HYDROELECTRIC
PROJECTS.
‘‘The provisions of this title regarding the sale of the
Alaska Power Administration’s hydroelectric projects
under section 103 and the exemption of these projects
from Part I of the Federal Power Act [16 U.S.C. 791a et
seq.] under section 104 do not apply to other Federal
hydroelectric projects.’’
USE OF FUNDS TO STUDY NONCOST-BASED METHODS OF
PRICING HYDROELECTRIC POWER
Pub. L. 102–377, title V, § 505, Oct. 2, 1992, 106 Stat.
1343, provided that: ‘‘Notwithstanding any other provision of this Act, subsequent Energy and Water Development Appropriations Acts or any other provision of law
hereafter, none of the funds made available under this
Act, subsequent Energy and Water Development Appropriations Acts or any other law hereafter shall be used
for the purposes of conducting any studies relating or
leading to the possibility of changing from the currently required ‘at cost’ to a ‘market rate’ or any other
noncost-based method for the pricing of hydroelectric
power by the six Federal public power authorities, or
other agencies or authorities of the Federal Government, except as may be specifically authorized by Act
of Congress hereafter enacted.’’
TRANSFERS TO SECRETARY OF THE INTERIOR OF CERTAIN FOSSIL ENERGY RESEARCH AND DEVELOPMENT
AUTHORITIES
Pub. L. 97–257, title I, § 100, Sept. 10, 1982, 96 Stat. 841,
provided: ‘‘That there are transferred to, and vested in,
the Secretary of the Interior all functions vested in, or
delegated to, the Secretary of Energy and the Department of Energy under or with respect to (1) the Act of
May 16, 1910 [30 U.S.C. 1, 3, 5–7], and other authorities
formerly exercised by the Bureau of Mines [now United
States Bureau of Mines], but limited to research and
development relating to increased efficiency of production technology of solid fuel minerals; (2) section 908 of
the Surface Mining Control and Reclamation Act of
1977, relating to research and development concerning
alternative coal mining technologies (30 U.S.C. 1328); (3)
sections 5(g)(2), 8(a)(4), 8(a)(9), 27(b)(2)(3) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1334(g)(2) and
1337(a)(4) and 1337(a)(9) [and 1353(b)(2) and (3)]); and (4)
section 105 of the Energy Policy and Conservation Act
(42 U.S.C. 6213): Provided further, That the personnel
employed, personnel positions, equipment, facilities,
and unexpended balances of the aforementioned transferred programs shall be merged with the ‘Mines and
minerals’ account of the Bureau of Mines.’’

§ 7154

§ 7153. Administration of leasing transfers
(a) Authority retained by Secretary of the Interior
The Secretary of the Interior shall retain any
authorities not transferred under section
7152(b) 1 of this title and shall be solely responsible for the issuance and supervision of Federal
leases and the enforcement of all regulations applicable to the leasing of mineral resources, including but not limited to lease terms and conditions and production rates. No regulation promulgated by the Secretary shall restrict or
limit any authority retained by the Secretary of
the Interior under section 7152(b) 1 of this title
with respect to the issuance or supervision of
Federal leases. Nothing in section 7152(b) 1 of
this title shall be construed to affect Indian
lands and resources or to transfer any functions
of the Secretary of the Interior concerning such
lands and resources.
(b) Consultation with Secretary of the Interior
with respect to promulgation of regulations
In exercising the authority under section
7152(b) 1 of this title to promulgate regulations,
the Secretary shall consult with the Secretary
of the Interior during the preparation of such
regulations and shall afford the Secretary of the
Interior not less than thirty days, prior to the
date on which the Department first publishes or
otherwise prescribes regulations, to comment on
the content and effect of such regulations.
(c) Repealed. Pub. L. 97–100, title II, § 201, Dec.
23, 1981, 95 Stat. 1407
(d) Preparation of environmental impact statement
The Department of the Interior shall be the
lead agency for the purpose of preparation of an
environmental impact statement required by
section 4332(2)(C) of this title for any action
with respect to the Federal leases taken under
the authority of this section, unless the action
involves only matters within the exclusive authority of the Secretary.
(Pub. L. 95–91, title III, § 303, Aug. 4, 1977, 91 Stat.
579; Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95
Stat. 1407.)
REFERENCES IN TEXT
Section 7152(b) of this title, referred to in subsecs. (a)
and (b), was repealed by Pub. L. 97–100, title II, § 201,
Dec. 23, 1981, 95 Stat. 1407.
AMENDMENTS
1981—Subsec. (c). Pub. L. 97–100 struck out subsec. (c)
which afforded the Secretary of Energy the opportunity
to disapprove any terms and conditions on which the
Secretary of the Interior proposed to issue a Federal
lease.

§ 7154. Transfers from Department of Housing
and Urban Development
(a) There is transferred to, and vested in, the
Secretary the functions vested in the Secretary
of Housing and Urban Development pursuant to
section 304 of the Energy Conservation Standards for New Buildings Act of 1976 [42 U.S.C.
1 See

References in Text note below.