Title 25, IndiansRelease 119-110

§5633 Under Secretary for Indian Affairs

Title 25 › CHAPTER 48 — INDIAN TRUST ASSET REFORM › SUBCHAPTER III — IMPROVING EFFICIENCY AND STREAMLINING PROCESSES › § 5633

Last updated Sep 22, 2026|Official source

Summary

The Secretary can create an Under Secretary for Indian Affairs who reports directly to the Secretary. Normally the President appoints the Under Secretary and the Senate must confirm that person. The person who was Assistant Secretary for Indian Affairs on June 22, 2016, and who was originally appointed by the President with Senate approval, may become Under Secretary without a new appointment if the Secretary approves within 180 days after June 22, 2016. Besides other tasks the Secretary gives, the Under Secretary must work with the Special Trustee to move the Trustee’s responsibilities into the Department, try to align Bureau of Indian Affairs policies with five other agencies (Bureau of Reclamation, BLM, Office of Natural Resources Revenue, National Park Service, and Fish and Wildlife Service), and hold regular meetings with Indians and tribes that have trust resources or trust fund accounts. The Under Secretary can hire needed staff and set pay, but hires must follow civil service rules, pay rules in title 5, and give hiring preference to Indians under section 5116.

Full Legal Text

Title 25, §5633

Indians, Source: USLM XML via OLRC

(a)Establishment of position

Notwithstanding any other provision of law, the Secretary may establish in the Department the position of Under Secretary for Indian Affairs, who shall report directly to the Secretary.

(b)Appointment

(1)In general

Except as provided in paragraph (2), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.

(2)Exception

The individual serving as the Assistant Secretary for Indian Affairs on June 22, 2016, may assume the position of Under Secretary without appointment under paragraph (1), if—

(A)that individual was appointed as Assistant Secretary for Indian Affairs by the President, by and with the advice and consent of the Senate; and

(B)not later than 180 days after June 22, 2016, the Secretary approves the assumption.

(c)Duties

In addition to any other duties directed by the Secretary, the Under Secretary shall—

(1)coordinate with the Special Trustee for American Indians to ensure an orderly transition of the functions of the Special Trustee to one or more appropriate agencies, offices, or bureaus within the Department, as determined by the Secretary;

(2)to the maximum extent practicable, supervise and coordinate activities and policies of the BIA with activities and policies of—

(A)the Bureau of Reclamation;

(B)the Bureau of Land Management;

(C)the Office of Natural Resources Revenue;

(D)the National Park Service; and

(E)the United States Fish and Wildlife Service; and

(3)provide for regular consultation with Indians and Indian tribes that own interests in trust resources and trust fund accounts.

(d)Personnel provisions

(1)Appointments

The Under Secretary may appoint and fix the compensation of such officers and employees as the Under Secretary determines to be necessary to carry out any function transferred under this section.

(2)Requirements

Except as otherwise provided by law—

(A)any officer or employee described in paragraph (1) shall be appointed in accordance with the civil service laws;

(B)the compensation of such an officer or employee shall be fixed in accordance with title 5; and

(C)in appointing or otherwise hiring any employee, the Under Secretary shall give preference to Indians in accordance with section 5116 of this title.

Reference

Citations & Metadata

Citation

25 U.S.C. § 5633

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110