§ 1a. — Delegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1a]
TITLE 25--INDIANS
CHAPTER 1--BUREAU OF INDIAN AFFAIRS
Sec. 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, Sec. 529
[title I, Sec. 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,
Sec. 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,
Secs. 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, Sec. 1, 38 Stat. 490.
