127 



§763. Transfer of functions. 



(a) There are hereby transferred to and vested 

 in the Admmistrator all functions of the Sscretary 

 of the Interior, the Department of the Interior, and 

 officers and components of that Department — 



(1) as relate to or are utilized by the Office of 

 Petroleum Allocation; 



(2) as relate to or are utilized by the Office of 

 Energy Conservation; 



(3) as relate to or are utilized by the Office of 

 Energy Data and Analysis; and 



(4) as relate to or are utilized by the Office of 

 Oil and Gas. 



(b) There are hereby transferred to and vested 

 in the Administrator all functions of the Chairman 

 of the Cost of Living Council, the Executive Director 

 of the Cost of Living Council, and the Cost of Living 

 Council, and officers and components thereof, as re- 

 late to or are utilized by the Energy Division of the 

 Cost of Living Council. 'Pub. L. 93-275, § 6, May 7, 

 1974, 88 Stat. 100.) 



§ 766. Administrative provisions. 



(a) Officer.s and employees; appointment, employment, 

 and compensation; authority and duties; positions 

 in GS-16, 17, and IS; classification standards and 

 prccedurt's applicable; duration of authority; com- 

 petitive service provisions partly inapplicable. 



(1) The Administrator may appoint, employ, and 

 fix the compensation of such officers and employees, 

 including attorneys, as are necessary to perform 

 the functions vested in him. and prescribe their au- 

 thority and duties. In addition to the number of 

 positions which may be placed in GS-16. 17, and 18 

 under existing law. not to exceed 91 positions may be 

 placed in GS-16, 17, and 18 to cany out the func- 

 tions under this chapter: Provided. That the total 

 number of positions within the Administration in 

 GS-16, 17, 18 shall not exceed 105: And provided 

 further, That, except as provided in paragraph <2) 

 of this subsection, the authority under this subsec- 

 tion shall be subject to the standards and procedures 

 prescribed under Chapter 51 of Title 5, and shall 

 continue only for the duration of the exercise of 

 functions under this chapter. 



(2) Twenty-five of the GS-16, 17, and 18 positions 

 authorized by paragraph (1) of this subsection may 

 be filled without regard to the provisions of Title 5 

 governing appointments in the competitive service. 



(b) Experts and consultants; employment and com- 

 pensation. 



The Administrator may employ experts, expert 

 witnesses, and consultants in accordance with sec- 

 tion 3109 of Title 5. and compensate such persons at 

 rates not in excess of the maximum daily rate pre- 

 scribed for GS-18 under section 5332 of Title 5 for 

 persons in Government service employed intermit- 

 tently. 



(c) Rules, regulations, and procedures; Cost of Living 

 Council, notification; quality of environment, pub- 

 lication of comments; emergency prechLsion of 

 review by Cost of Living Council. 



The Administrator may promulgate such rules, 

 regulations, and procedures as may be necessary to 



carry out the functions vested In him: Provided, 



That: 



(1) The Administrator shall, before promulgat- 

 ing proposed rules, regulations, or policies affect- 

 ing the quality of the environment, provide a peri- 

 od of not less than five working days during which 

 the Administrator of the Environmental Protec- 

 tion Agency may provide written comments con- 

 cerning the impact of such rules, regulations, or 

 policies on the quality of the environment. Such 

 comments shall be published together with publica- 

 tion of notice of the proposed action. 



(2) The review required by paragraph (1) of this 

 subsection may be waived for a period of fourteen 

 days if there is an emergency situation which, in 

 the judgment of the Administrator, requires mak- 

 ing effective the action proposed to be taken at a 

 date earlier than would permit the Administrator 

 of the Environmental Protection Agency the five 

 working days opportunity for prior comment re- 

 quired by paragraph ( 1) . Notice of any such waiver 

 shall be given to the Administrator of the Environ- 

 mental Protection Agency and filed with the Fed- 

 eral Register with the publication of notice of pro- 

 posed or final agency action and shall include an 

 explanation of the reasons for such waiver, togeth- 

 er with supporting data and a description of the 

 factual situation in such detail as the Administra- 

 tor determines will apprise such agency and the 

 public of the reasons for such waiver. 



The review required by paragraphs (1) and (2) of 

 this subsection may be waived for a period of four- 

 teen days if there is an emergency situation which, 

 in the judgment of the Administrator, requires im- 

 mediate action. 



(d) Interagency cooperation; reimbursement orovi. 

 sions. 



The Administrator may utilize, with their consent, 

 the services, personnel, equipment, and facilities of 

 Federal. State, regional, and local public agencies 

 and instrumentalities, with or without reimburse- 

 ment therefor, and may transfer funds made avail- 

 able pursuant to this chapter, to Federal, State, 

 regional, and local public agencies and instrumen- 

 talities, as reimbursement for utilization of such 

 services, personnel, equipment, and facilities. 



(e) Seal; judicial notice. 



The Administrator shall cause a seal of office to 

 be made for the Administration of such design as 

 he shall approve, and judicial notice shall be taken 

 of such seal. 



(f) Gifts; acceptance. 



The Administrator may accept unconditional gifts 

 or donations of money or property, real, personal, or 

 mixed, tangible or intangible. 



(g) Contract authority. 



The Administrator may enter into and perform 

 contracts, leases, cooperative agreements, or other 

 similar transactions with any public agency or in- 

 strumentality or with any person, firm, association, 

 corporation, or institution. 



