PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 3095 of the Environmental Protection Agency, the Attorney General, Governors and Attorneys General of affected States, appropriate representatives of affected Indian tribes, and interested members of the public in the development of information necessary to complete the reports required by subsections (a), (b), and (d). "(2) Consultation under paragraph (1) shall not interfere with the timely submission to Congress of the budget for a fiscal year. "(3) The Secretary may award grants to, and enter into cooperative agreements with, affected States and affected Indian tribes to facilitate the participation of such entities in the development of information under this subsection. The Secretary may also take appropriate action to facilitate the participation of interested members of the public in such development under this subsection.". (e) PUBLIC PARTICIPATION IN PLANNING. —The Secretary of 42 USC 7274g Energy shall consult with the Administrator of the Environmental note- Protection Agency, the Attorney General, Governors and Attorneys General of affected States, appropriate representatives of affected Indian tribes, and interested members of the public in any planning conducted by the Secretary for environmental restoration and waste msmagement at Department of Energy defense nuclear facilities. SEC. 3161. AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, 42 USC 7231 ENGINEERING, AND TECHNICAL PERSONNEL. note. (a) AUTHORITY. —(1) Notwithstanding any provision of title 5, United States Code, governing appointments in the competitive service and General Schedule classification and pay rates, the Secretary of Energy may— (A) establish and set the rates of pay for not more than 200 positions in the Department of Energy for scientific, engineering, and technical personnel whose duties will relate to safety at defense nuclear facilities of the Department; and (B) appoint persons to such positions. (2) The rate of pay for a position established under paragraph (1) may not exceed the rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (3) To the maximum extent practicable, the Secretary shall appoint persons under paragraph (1)(B) to the positions established under paragraph (1)(A) in accordance with the merit system principles set forth in section 2301 of such title. (4) The Secretary may not appoint more than 100 persons during fiscal year 1995 under the authority provided in this subsection. (b) OPM REVIEW.—(1) The Secretary shall enter into an agree- Contracts, ment with the Director of the Office of Personnel Management under which agreement the Director shall periodically evaluate the use of the authority set forth in subsection (a)(1). The Secretary shall reimburse the Director for evaluations conducted by the Director pursuant to the agreement. Any such reimbursement shall be credited to the revolving fund referred to in section 1304(e) of title 5, United States Code. (2) If the Director determines as a result of such evaluation that the Secretary of Energy is not appointing persons to positions under such authority in a manner consistent with the merit system principles set forth in section 2301 of title 5, United States Code, or is setting rates of pay at levels that are not appropriate for the qualifications and experience of the persons appointed and
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