Clarification of authorities

(a) In general 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 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.. (b) NEPA compliance Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by striking subsection (f) and inserting the following: (f) NEPA compliance (1) Definition of lead agency In this subsection, the term lead agency has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). (2) Lead agency (A) In general For all applications, the Maritime Administration shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) Effect of compliance Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to this Act.. (c) Regulations (1) In general Not later than 18 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. (2) Retention of authority The Commandant shall retain responsibility for authorities pertaining to design, construction, equipment, and operation of deepwater ports and navigational safety. (3) Updates to authority As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection. (d) Rule of construction 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.) or any other law. (e) Applications Nothing in this section, or the amendments made by this section, shall apply to any application submitted before the date of enactment of this Act.

(a) In general 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 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.. (b) NEPA compliance Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by striking subsection (f) and inserting the following: (f) NEPA compliance (1) Definition of lead agency In this subsection, the term lead agency has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). (2) Lead agency (A) In general For all applications, the Maritime Administration shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) Effect of compliance Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to this Act.. (c) Regulations (1) In general Not later than 18 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. (2) Retention of authority The Commandant shall retain responsibility for authorities pertaining to design, construction, equipment, and operation of deepwater ports and navigational safety. (3) Updates to authority As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection. (d) Rule of construction 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.) or any other law. (e) Applications Nothing in this section, or the amendments made by this section, shall apply to any application submitted before the date of enactment of this Act.