Sec. 350. Authority over Deepwater Port Act of 1974
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Section 5(a) of the Deepwater Port Act of 1974 ( 33 U.S.C. 1504(a) ) is amended by striking the first sentence and inserting Notwithstanding section 888(b) of the Homeland Security Act of 2002 ( . 6 U.S.C. 468(b) ), the Secretary shall have the sole authority to issue regulations to carry out the purposes and provisions of this Act, in accordance with the provisions of section 553 of title 5, United States Code, without regard to subsection
(a)thereof. Section 5(f) of the Deepwater Port Act of 1974 ( 33 U.S.C. 1504(f) is amended to read as follows: Notwithstanding section 888(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 468(b) ), the Secretary, in cooperation with other involved Federal agencies and departments, shall comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and act as the lead agency under section 4336a of title 42, United States Code, for all applications under this Act. Such compliance shall fulfill the requirement of all Federal agencies in carrying out their responsibilities under the National Environmental Policy Act of 1969 pursuant to this chapter. . Not later than 6 months after the date of enactment of this Act, the Commandant shall transfer the authorities provided to the Coast Guard in part 148 of title 33, Code of Federal Regulations (as in effect on the date of the enactment of this Act), except as provided in paragraph (2), to the Secretary of Transportation. The Commandant shall retain responsibility for authorities pertaining to navigational safety. As soon as practicable after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection. Nothing in this section, or the amendments made by this section, may be construed to limit the authorities of other governmental agencies previously delegated authorities of the Deepwater Port Act of 1974 ( 33 U.S.C. 1501 et seq. ). Nothing in this section shall apply to any application submitted before the date of enactment of this Act.
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