§ 1 TITLE 25—INDIANS Page 2

Sec.

14a. Deposit of grant funds received by Bureau

from other Federal agencies.

14b. Disposition of funds received from public for

goods and services provided by Bureau of

Indian Affairs.

15. Utility facilities used in administration of

Bureau; contracts for sale, operation, maintenance, repair or relocation of facilities;

terms and conditions; exception; Congressional approval.

16. Transportation of Indians in Bureau vehicles.

17. Use of Bureau facilities.

(a) In general.

(b) Scope of authority.

(c) Limitation of liability.

NATIONAL COUNCIL ON INDIAN OPPORTUNITY;

APPROPRIATIONS AUTHORIZATION; TERMINATION DATE

Pub. L. 91–125, Nov. 26, 1969, 83 Stat. 220, provided for

annual appropriations of $300,000 and a termination

date of Nov. 26, 1974 for the National Council on Indian

Opportunity which was established by Ex. Ord. 11399.

EXECUTIVE ORDER NO. 11399

Ex. Ord. No. 11399, Mar. 6, 1968, 33 F.R. 4245, as amended by Ex. Ord. 11551, Aug. 11, 1970, 35 F.R. 12885; Ex. Ord.

No. 11688, Dec. 1, 1972, 37 F.R. 25815, established the National Council on Indian Opportunity and provided for

the functions, compensation, assistance, and meetings

with respect to the Council.

§ 1. Commissioner of Indian Affairs

There shall be in the Department of the Interior a Commissioner of Indian Affairs, who shall

be appointed by the President, by and with the

advice and consent of the Senate.

(R.S. §462.)

CODIFICATION

R.S. §462 derived from act July 9, 1832, ch. 174, §1, 4

Stat. 564.

Provisions of this section relating to compensation of

the Commissioner were omitted as obsolete. The position is in level V of the Executive Schedule under section 5316 of Title 5, Government Organization and Employees.

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

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.

(Aug. 8, 1946, ch. 907, 60 Stat. 939; Pub. L. 101–509,

title V, §529 [title I, §112(c)], Nov. 5, 1990, 104

Stat. 1427, 1454.)

AMENDMENTS

1990—Pub. L. 101–509 substituted ‘‘Deputy Secretary’’

for ‘‘Under Secretary’’ before ‘‘or to an Assistant Secretary’’.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment 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.

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.

ASSISTANT COMMISSIONERS

An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, §1, 38 Stat. 490.

§ 2. Duties of Commissioner

The Commissioner of Indian Affairs shall,

under the direction of the Secretary of the Interior, and agreeably to such regulations as the

President may prescribe, have the management

of all Indian affairs and of all matters arising

out of Indian relations.

(R.S. §463.)

CODIFICATION

R.S. §463 derived from acts July 9, 1832, ch. 174, §1, 4

Stat. 564; July 27, 1868, ch. 259, §1, 15 Stat. 228.

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.