Reorganization Plan.

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93 STAT. 1373 REORGANIZATION PLAN NO. 1 OF 1979 Prepared by the President and transmitted to the Senate and House of Representatives in Congress assembled, April 2, 1979, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. Office of the Federal Inspector for Construction of the Alaska Natural Gas Transportation System[5 USC app.](/us/usc/t5); [15 USC 719e note](/us/usc/t15/s719e). Part I. *Office of the Federal Inspector and Transfer of Functions* Section 101. *Establishment of the Office of Federal Inspector for the Alaska Natural Gas Transportation System*

(a)There is hereby established as an independent establishment in the executive branch, the Office of the Federal Inspector for the Alaska Natural Gas Transportation System (the “Office”).

(b)The Office shall be headed by a Federal Inspector for the Alaska Natural Gas Transportation System (the “Federal Inspector”) who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter prescribed by law for Level 111 of the Executive Schedule, and who shall serve at the pleasure[5 USC 5314](/us/usc/t5/s5314). of the President.

(c)Each Federal agency having statutory responsibilities over any aspect of the Alaska Natural Gas Transportation System shall appoint an Agency Authorized Officer to represent that authority on all matters pertaining to pre-construction, construction, and initial operation of the system. Section 102. *Transfer of Functions to the Federal Inspector* Subject to the provisions of Sections 201. 202, and 203 of this Plan, ail functions insofar as they relate to enforcement of Federal statutes or regulations and to enforcement of terms, conditions, and stipulations of grants, certificates, permits and other authorizations issued by Federal agencies with respect to pre-construction, construction, and initial operation of an “approved transportation system” for transport of Canadian natural gas and “Alaskan natural gas,” as such terms are defined in the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 *et. seq*.), hereinafter called the “Act”, are hereby transferred to the Federal Inspector. This transfer shall vest in the Federal Inspector exclusive responsibility for enforcement of all Federal statutes relevant in any manner to pretruction, construction, and initial operation. With respect to each of the statutory authorities cited below, the transferred functions include all enforcement functions of the given agencies or their officials under the statutes as may be related to the 93 STAT. 1374enforcement of such terms, conditions, and stipulations, including but not limited to the specific sections of the statute cited. “Enforcement”, for purposes of this transfer of functions, includes monitoring and any other compliance or oversight activities reasonably related to the enforcement process. These transferred functions include:

(a)Such enforcement functions of the Administrator or other appropriate official or entity in the Environmental Protection Agency related to compliance with: national pollutant discharge elimination system permits provided for in Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); spill prevention, containment and countermeasure plans in Section 311 of the Federal Water Pollution Control Act (33 (J.S.C. 1321); review of the Corps of Engineers’ dredged and fill material permits issued under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); new source performance standards in Section 111 of the Clean Air Act, as amended by the Clean Air Act Amendments of 1977 (42 U.S.C. 7411); prevention of significant deterioration review and approval in Sections 160–169 of the Clean Air Act, as amended by the Clean Air Amendments of 1977 (42 U.S.C. 7470 *et. seq*.); and the resource conservation and recovery permits issued under the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 *et. seq*.);

(b)Such enforcement functions of the Secretary of the Army, the Chief of Engineers, or other appropriate officer or entity in the Corps of Engineers of the United States Army related to compliance with: dredged and fill material permits issued under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and permits for structures in navigable waters, issued under Section 10 of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 403);

(c)Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of Transportation related to compliance with: the Natural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. 1671, *et. seq*.) and the gas pipeline safety regulations issued thereunder; the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301, *et. seq*.) and authorizations and regulations issued thereunder; and permits for bridges across navigable waters, issued under Section 9 of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401);

(d)Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of Energy and such enforcement functions of the Commission, Commissioners, or other appropriate officer or entity in the Federal Energy Regulatory Commission related to compliance with; the certificates of public convenience and necessity, issued under Section 7 of the Natural Gas Act, as amended (15 U.S.C. 717f); and authorizations for importation of natural gas from Alberta as predeliveries of Alaskan gas issued under Section 3 of the Natural Gas Act, as amended (15 U.S.C. 717b):

(e)Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of the Interior related to compliance with; grants of rights-of-way and temporary use permits for Federal land, issued under Section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185); land use permits for temporary use of public lands and other associated land uses, issued under Sections 302. 501. and 503–511 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732, 1761, and 1763–1771); materials sales contracts under the Materials Act of 1947 (30 U.S.C. 601–603); 93 STAT. 1375rights-of-way across Indian lands, issued under the Rights of Way Through Indian Lands Act (25 U.S.C. 321, *et seq.);* removal permits issued under the Materials Act of 1947 (30 U.S.C. 601–603): approval to cross national wildlife refuges, National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668jj) and the Upper Mississippi River Wildlife and Fish Refuge Act (16 U.S.C. 721–731); wildlife consultation in the Fish and Wildlife Coordination Act (16 U.S.C. 661 *et seq.);* protection of certain birds in the Migratory Bird Treaty Act (16 U.S.C. 703 *et seq*.). Bald and Golden Eagles Protection Act (16 U.S.C. 668–668d); review of Corps of Engineers dredged and fill material permits issued under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344): rights-of-way across recreation lands issued under the Land and Water Conservation Fund Act of 1965. as amended (16 U.S.C. 4601–4–4601–11); historic preservation under[16 USC 460*l*–4–460*l*–11](/us/usc/t16/s460l–4–460l–11). the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470–470f); permits issued under the Antiquities Act of 1906 (16 U.S.C. 432, 433); and system activities requiring coordination and approval under general authorities of the National Trails System Act, as amended (16 U.S.C. 1241–1249), the Wilderness Act, as amended (16 U.S.C. 1131–1136), the Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271–1287), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et. seq*.), the Act of April 27, 1935 (prevention of soil erosion) (16 U.S.C. 590a–f), and an Act to Provide for the Preservation of Historical and Archeological Data, as amended (16 U.S.C. 469–469C);

(f)Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of Agriculture, insofar as they involve lands and programs under the jurisdiction of that Department, related to compliance with: associated land use permits authorized for and in conjunction with grants of rights-of-way across Federal lands issued under Section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185); land use permits for other associated land uses issued under Sections 501 and 503–511 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761, 1763–1771), under the Organic Administration Act of June 4, 1897, as amended (16 U.S.C. 473, 474–482, 551), and under Title III of the Bankhead-Jones Farm Tenant Act of 1937, as amended (7 U.S.C. 1010–1012); removal of materials under the Materials Act of 1947 (30 U.S.C. 601–603) and objects of antiquity under the Antiquities Act of 1906 (16 U.S.C. 432, 433); construction and utilization of national forest roads under the Roads and Trails System Act of 1964 (16 U.S.C. 532–538); and system activities requiring coordination and approval under general authorities of the National Forest Management Act of 1976 (16 U.S.C. 1600 *et. seq*.); the Multiple Use-Sustained-Yield Act of 1960 (16 U.S.C. 528–531); the Forest and Rangelands Renewable Resources Planning Act of 1974 (16 U.S.C. 1601–1610); the National Trails System Act, as amended (16 U.S.C. 1241–1249); the Wilderness Act, as amended (16 U.S.C. 1131–1136); the Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271–1287); the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460 *et. seq*.); the Federal Water Pollution Control Act of 1972 (33 [16 USC 460*l*–4–460*l*–11](/us/usc/t16/s460l–4–460l–11).[33 USC 1251 *et. seq*](/us/usc/t33/s1251).U.S.C. 1151 *et. seq*.); the Fish and Wildlife Coordination Act and Fish and Game Sanctuaries Act (16 U.S.C. 661 *et. seq*. and 694, 694a–b, respectively); the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470–470f); an Act to Provide for the Preservation of Historical and Archeological Data, as amended (16 U.S.C. 469–469c); the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq*,); the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001 *et. seq*.); the Soil and Water 93 STAT. 1376Conservation Act of 1977 (16 U.S.C. 2001 *et seq.);* and the Act of April 27, 1995 (prevention of soil erosion) (16 U.S.C. 590a–f);

(g)Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of the Treasury related to compliance with permits for interstate transport of explosives and compliance with regulations for the storage of explosives, Title XI of the Organized Crime Control Act of 1970 (18 U.S.C. 841–848);

(1)The enforcement functions authorized by, and supplemental enforcement authority created by the Act (15 U.S.C. 719 *et. seq*.);

(2)All functions assigned to the person or board to be appointed by the President under Section 7(a)(5) of the Act (15 U.S.C. 719e); and

(3)Pursuant to Section 7(a)(6) of the Act (15 U.S.C. 719e), enforcement of the terms and conditions described in Section 5 of the *Decision and Report to the Congress on the Alaska Natural Gas Transportation System*, as approved[15 USC 719f note](/us/usc/t15/s719f). by the Congress pursuant to Public Law 95–158 (91 Stat. 1268), November 2, 1977, (hereinafter the *“Decision”)*. Part II. *Other Provisions* Section 201. *Executive Policy Board* The Executive Policy Board for the Alaska Natural Gas Transportation System, hereinafter the “Executive Policy Board”, which shall be established by executive order, shall advise the Federal Inspector on the performance of the Inspector’s functions. All other functions assigned, or which could be assigned pursuant to the *Decision*, to the Executive Policy Board are hereby transferred to the Federal Inspector. Section 202. *Federal Inspector and Agency Authorized Officers*

(a)The Agency Authorized Officers shall be detailed to and located within the Office. The Federal Inspector shall delegate to each Agency Authorized Officer the authority to enforce the terms, conditions, and stipulations of each grant, permit, or other authorization issued by the Federal agency which appointed the Agency Authorized Officer. In the exercise of these enforcement functions, the Agency Authorized Officers shall be subject to the supervision and direction of the Federal Inspector, whose decision on enforcement matters shall constitute “action” for purposes of Section 10 of the Act (15 U.S.C. 719h).

(b)The Federal Inspector shall be responsible for coordinating the expeditious discharge of non enforcement activities by Federal agencies and coordinating the compliance by all the Federal agencies with Section 9 of the Act (15 U.S.C. 719g). Such coordination shall include requiring submission of scheduling plans for all permits, certificates, grants or other necessary authorizations, and coordinating scheduling of system-related agency activities. Such coordination may include serving as the “one window” point for filing for and issuance of all necessary permits, certificates, grants or other authorizations, and, consistent with law, Federal government requests for data or information related to any application for a permit, certificate, grant or other authorization. Upon agreement between the Federal Inspector and the head of any agency, that agency may delegate to the Federal Inspector any statutory function vested in such agency related to the functions of the Federal Inspector.93 STAT. 1377

(c)The Federal Inspector and Agency Authorized Officers in implementing the enforcement authorities herein transferred shall carry out the enforcement policies and procedures established by the Federal agencies which nominally administer these authorities, except where the Federal Inspector determines that such policies and procedures would require action inconsistent with Section 9 of the Act (15 U.S.C. 719g).

(d)Under the authority of Section 15 of the Act (15 U.S.C. 719m), the Federal Inspector will undertake to obtain appropriations for all aspects of the Federal Inspector’s operations. Such undertaking shall include appropriations for all of the functions specified in the Act and in the general terms and conditions of the *Decision* as well as for the enforcement activities of the Federal Inspector. The Federal Inspector will consult with the various Federal agencies as to resource requirements for enforcing their respective permits and other authorizations in preparing a unified budget for the Office. The budget shall be reviewed by the Executive Policy Board. Section 203. *Subsequent Transfer Provision*

(a)Effective upon the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, the functions transferred by Section 102 of this Plan shall be transferred to the agency which performed the functions on the date prior to date the provisions of Section 102 of this Plan were made effective pursuant to Section 205 of this Plan.

(b)Upon the issuance of the final determination order by the Director of the Office of Management and Budget for the transfers provided for by subsection

(a)of this section, the Office and the position of Federal Inspector shall, effective on the date of that order, stand abolished. Section 204. *Incidental Transfers* So much of the personnel, property, records and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for the terminating of the affairs of the Office and the Federal Inspector upon their abolition pursuant to this Plan and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Plan. Section 205. *Effective Date* This Plan shall become effective at such time or times as the PresidentThe requirements under 5 USC 906 were met on June 24, 1979.The plan became effective July 1, 1979. shall specify, but not sooner than the earliest time allowable under Section *As provided tor by Executive Order 12142 (Vol. 15, Weekly Compilation of Presidential Documents, p. 1126 15 USC 719e note). 93 STAT. 1378 LEGISLATIVE HISTORY: WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS (1979): Vol. 15. No. 14: Apr. 2, Presidential message transmitting Reorganization Plan No. 1 of 1979 to Congress. (Also printed as House Document No. 83.) HOUSE REPORT No. [96–222](/us/hrpt/96/222) accompanying [H. Res. 199](/us/bill/96/hres/199) (Comm. on Government Operations). SENATE REPORT No. [96–191](/us/srpt/96/191) accompanying [S. Res. 126](/us/bill/96/sres/126) (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 125 (1979): Apr. 3, [H. Res. 199](/us/bill/96/hres/199), resolution of disapproval, introduced in House and referred to Committee on Government Operations. Apr. 4, [S. Res. 126](/us/bill/96/sres/126), resolution of disapproval, introduced in Senate and referred to Committee on Government Operations. May 23, [S. Res. 126](/us/bill/96/sres/126) rejected by Senate. May 31, [H. Res. 199](/us/bill/96/hres/199) rejected by House. REORGANIZATION PLAN NO. 2 OF 1979 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 10, 1979, pursuant to the provisions of chapter 9 of title 5 of the United States Code.11 As amended May 21, 1979. United States International Development Cooperation Agency[5 USC app](/us/usc/t5)y.; [22 USC 2381 note](/us/usc/t22/s2381). section 1. Effective date for Secs. 1, 5, 6, 8, Oct. 1, 1979.** As provided for by Executive Order 12163 (Vol. 15. Weekly Compilation of Presidential Documents, p. 1793; 22 USC 2381 note). *Establishment of the United States International Development Cooperation Agency* There is hereby established in the executive branch an independent agency to be known as the United States International Development Cooperation Agency (hereinafter referred to as the “Agency”). section 2. Secs. 2, 3, 4, effective immediately.**** As provided for by Executive Order 12147 (Vol. 15. Weekly Compilation of Presidential Documents, p. 1272; 22 USC 2351 note). *Director* The Agency shall be headed by the Director of the United States International Development Cooperation Agency (hereinafter referred to as the “Director”), who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed[5 USC 5313](/us/usc/t75/s5313). by law for Level II of the Executive Schedule. The Director shall have primary responsibility for establishing overall development assistance policy and coordinating international development activities supported by the United States, The Director shall serve as the principal advisor to the President and the Secretary of State on international development matters and also shall advise the President on all trade, science and technology, and other matters significantly affecting the developing nations. The Director shall report to the President and, on matters relating to foreign policy, to the Secretary of State. The Director shall designate the order in which other officials shall act for and exercise the powers of the Director during the absence or disability of the Director and the Deputy Director or in the event of vacancies in both such offices. 93 STAT. 1379 section 3. *Deputy Director* The President, by and with the advice and consent of the Senate, may appoint a Deputy Director of the Agency, who shall receive compensation at the rate prescribed by law for Level III of the Executive Schedule. The[5 USC 5314](/us/usc/t5/s5314). Deputy Director shall perform such duties and exercise such powers as the Director may from time to time prescribe and. in addition, shall act for and exercise the powers of the Director during the absence or disability of the Director or during a vacancy in such office. section 4. *Associate Directors* The President, by and with the advice and consent of the Senate, may appoint two Associate Directors of the Agency, who shall perform such duties and exercise such powers as the Director may from time to time prescribe and who shall receive compensation at the rate prescribed by law for Level IV of the Executive Schedule.[5 USC 5315](/us/usc/t5/s5315). section 5. *Performance of functions* The Director may from lime to time establish, alter, consolidate, or discontinue organizational units within the Agency (other than units expressly established by statute or reorganization plan). The Director may from time to time delegate responsibility for carrying out any function or authority of the Director of the Agency to any officer, employee, or unit of the Agency, or any other officer or agency of the executive branch. section 6. *Transfers of functions*

(a)There are hereby transferred to the Director all functions and authorities vested in the Agency for International Development or in its administrator pursuant to the following:

(1)sections 233(b), 239(i), 296(e), 297(d), 298(c)(e), 299(d), 601(a) through (d), and 624(f)(2)(C) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2193(b), 2199(1), 2220a(e), 2220b(d), 2220c(c)(6), 2220d(d), 2351(a) through (d), and 2384(f)(2)(C));

(2)section 407 of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1736a); and

(3)section 706 of the Foreign Relations Authorization Act, Fiscal Year 1979 (49 U.S.C. 1518).

(b)There are hereby transferred to the Director all functions and authorities vested in the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961, as amended, or in its Administrator[22 USC 2151](/us/usc/t5/s2151). pursuant to the following:

(1)sections 101(b), 119, 125, 531(a)(2), 601(e)(2), and 640B of such Act

(22)U.S.C. 2151(b), 2151q, 2151w, 2346(a)(2). 2351(e)(2), and 2399c); and

(2)section 602 of the International Security Assistance and Arms Control Act of 1976 (22 U.S.C. 2352 note).

(c)There are hereby transferred to the Director all functions and authorities vested in the Secretary of State pursuant to the following:

(1)section 101(b) of the Foreign Assistance Act of 1961. as amended (22 U.).C. 2151(b)), insofar as it relates to policy guidance other than foreign policy guidance, and section 622(c) of such Act (22 U.S.C. 2382(c)), insofar as it relates to development assistance; and 93 STAT. 1380

(2)section 901 of Public Law 95–118 (22 U.S.C. 262g). section 7. *Abolition* One of the positions that the President may appoint under section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5 U.S.C. 5315(5)) is hereby abolished. section 8. *Other transfers; interim officers*

(a)So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions and authorities affected by the establishment of the Agency, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agency abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this reorganization plan.

(b)Pending the initial appointment of the Director, Deputy Director, and Associate Directors of the Agency, their functions and authorities may be performed, for up to 60 days after section 1 of this reorganization plan becomes effective, by such individuals as the President may designate. Any individual so designated shall be compensated at the rate provided herein for the position whose functions and authorities such individual performs. section 9. *Effective date* The requirements under [5 USC 906](/us/usc/t5/s906) were met on July 12, 1979.This reorganization plan shall become effective on July 1, 1980, or at such earlier time or times as the President shall specify, but not sooner than the earliest time allowable under section 906 of title 5 of the United States Code. LEGISLATIVE HISTORY: WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS (1979): Vol. 15, No. 15: Apr. 10. Presidential message transmitting Reorganization Plan No. 2 of 1979 to Congress. (Also printed as House Document No. 96–94.) Vol. 15, No. 21: May 21. Presidential message transmitting an amendment to Reorganization Plan No. 2 of 1979 to Congress. (Also printed as House document No. 96–127.) HOUSE REPORT No. [968–284](/us/hrpt/96/284) accompanying [H. Res. 231](/us/bill/96/hres/) (Comm. on Government Operations). SENATE REPORT No. [96–210](/us/srpt/96/210) accompanying [S. Res. 140](/us/bill/96/sres/140) (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 125 (1979): Apr. 24, [S. Res. 140](/us/bill/96/sres/140), resolution of disapproval, introduced in Senate and referred to Committee on Governmental Affairs. Apr. 24. [H. Res. 231](/us/bill/96/hres/), resolution of disapproval, introduced in House and referred to Committee on Government Operations. July 9, [S. Res. 140](/us/bill/96/sres/140), rejected by Senate. July 11, [H. Res. 231](/us/bill/96/hres/), rejected by House.

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