§1a — Title 25 Indians | U.S. Code

Summary

The Secretary of the Interior can give some Indian affairs duties to the Commissioner to make administration easier. That only covers decisions about individual cases that follow general rules the Secretary has made. The Commissioner, under the Secretary’s supervision, can pass those duties on to assistant commissioners or to the heads of BIA branches. People can appeal those decisions to the Secretary or, if he allows, to the Deputy Secretary, an Assistant Secretary, or the Commissioner. The Secretary or Commissioner can cancel a delegation at any time, but cannot make the cancellation apply to past actions. These delegations do not limit other delegation powers under law and do not let anyone give away the power to make rules.

Title 25, §1a

Indians — Source: USLM XML via OLRC

For the purpose of facilitating and simplifying the administration of the laws governing Indian affairs, the Secretary of the Interior is authorized to delegate, from time to time, and to the extent and under such regulations as he deems proper, his powers and duties under said laws to the Commissioner of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior pursuant to law. Subject to the supervision and direction of the Secretary, the Commissioner is authorized to delegate, in like manner, any powers and duties so delegated to him by the Secretary, or vested in him by law, to the assistant commissioners, or the officer in charge of any branch, division, office, or agency of the Bureau of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior or the Commissioner of Indian Affairs pursuant to law. Such delegated powers shall be exercised subject to appeal to the Secretary, under regulations to be prescribed by him, or, as from time to time determined by him, to the Deputy Secretary or to an Assistant Secretary of the Department of the Interior, or to the Commissioner of Indian Affairs. The Secretary or the Commissioner, as the case may be, may at any time revoke the whole or any part of a delegation made pursuant to this section, but no such revocation shall be given retroactive effect. Nothing in this section shall be deemed to abrogate or curtail any authority to make delegations conferred by any other provision of law, nor shall anything in this section be deemed to convey authority to delegate any power to issue regulations.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Pub. L. 101–509 substituted “Deputy Secretary” for “Under Secretary” before “or to an Assistant Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of the Interior, see section 529 [title I, § 112(e)(1), (2)(B)] of Pub. L. 101–509, set out as a note under section 3404 of Title 20, Education. Assistant CommissionersAn assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, § 1, 38 Stat. 490.

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

§1a Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs

Summary

Title 25, §1a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata