§ 1451. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1451]
TITLE 43--PUBLIC LANDS
CHAPTER 31--DEPARTMENT OF THE INTERIOR
Sec. 1451. Establishment
There shall be at the seat of government an executive department to
be known as the Department of the Interior, and a Secretary of the
Interior, who shall be the head thereof.
(R.S. Sec. 437.)
Codification
R.S. Sec. 437 derived from act Mar. 3, 1849, ch. 108, Sec. 1, 9
Stat. 395.
Section was formerly classified to section 481 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378.
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
below.
Charges for Use of Property at Main and South Interior Building Complex,
Washington, D.C.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 115], Nov.
29, 1999, 113 Stat. 1535, 1501A-158, provided that: ``Notwithstanding
any other provision of law, in fiscal year 2000 and thereafter, the
Secretary is authorized to permit persons, firms or organizations
engaged in commercial, cultural, educational, or recreational activities
(as defined in section 612a of title 40, United States Code) [now
sections 3301(a)(4), (5) and 3306(a) of Title 40, Public Buildings,
Property, and Works] not currently occupying such space to use
courtyards, auditoriums, meeting rooms, and other space of the main and
south Interior building complex, Washington, D.C., the maintenance,
operation, and protection of which has been delegated to the Secretary
from the Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 [now chapters 1 to 11
of Title 40, Public Buildings, Property, and Works, and title III of the
Act of June 30, 1949 (41 U.S.C. 251 et seq.)], and to assess reasonable
charges therefore, subject to such procedures as the Secretary deems
appropriate for such uses. Charges may be for the space, utilities,
maintenance, repair, and other services. Charges for such space and
services may be at rates equivalent to the prevailing commercial rate
for comparable space and services devoted to a similar purpose in the
vicinity of the main and south Interior building complex, Washington,
D.C., for which charges are being assessed. The Secretary may without
further appropriation hold, administer, and use such proceeds within the
Departmental Management Working Capital Fund to offset the operation of
the buildings under his jurisdiction, whether delegated or otherwise,
and for related purposes, until expended.''
Similar provisions were contained in Pub. L. 105-277, div. A,
Sec. 101(e) [title I, Sec. 117], Oct. 21, 1998, 112 Stat. 2681-231,
2681-256.
Compensation of Secretary
Compensation of Secretary, see section 5312 of Title 5, Government
Organization and Employees.
Order of Succession
For order of succession during any period when both Secretary and
Deputy Secretary of the Interior are unable to perform functions and
duties of office of Secretary, see Ex. Ord. No. 13244, Dec. 18, 2001, 66
F.R. 66267, set out as a note under section 3345 of Title 5, Government
Organization and Employees.
Executive Order No. 9432
Ex. Ord. No. 9432, eff. Mar. 28, 1944, 9 F.R. 3411, which related to
designation of Under Secretary and Assistant Secretaries of the Interior
to act as Secretary of the Interior, was superseded by Ex. Ord. No.
9866, eff. June 14, 1947, 12 F.R. 3909, formerly set out below.
Executive Order No. 9866
Ex. Ord. No. 9866, eff. June 14, 1947, 12 F.R. 3909, which related
to designation of officers to act as Secretary of the Interior, was
superseded by Ex. Ord. No. 10156, eff. Aug. 26, 1950, 15 F.R. 5789,
formerly out below.
Executive Order No. 10156
Ex. Ord. No. 10156, eff. Aug. 26, 1950, 15 F.R. 5789, which related
to designation of certain officers of Department of the Interior to act
as Secretary of the Interior, was superseded by Ex. Ord. No. 10753, eff.
Feb. 15, 1958, 23 F.R. 1107, formerly set out below.
Executive Order No. 10753
Ex. Ord. No. 10753, eff. Feb. 15, 1958, 23 F.R. 1107, which provided
for succession to office of Secretary of the Interior, was superseded by
Ex. Ord. No. 11487, eff. Oct. 6, 1969, 34 F.R. 15593, formerly set out
as a note under section 3345 of Title 5, Government Organization and
Employees.
REORGANIZATION PLAN NO. 3 OF 1950
Eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, as amended June
1, 1971, Pub. L. 92-22, Sec. 3, 85 Stat. 76.
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, March 13, 1950, pursuant to
the provisions of the Reorganization Act of 1949, approved June 20,
1949 [see 5 U.S.C. 901 et seq.].
DEPARTMENT OF THE INTERIOR
Section 1. Transfer of Functions to the Secretary
(a) Except as otherwise provided in subsection (b) of this section,
there are hereby transferred to the Secretary of the Interior all
functions of all other officers of the Department of the Interior and
all functions of all agencies and employees of such Department.
(b) This section shall not apply to the functions vested by the
Administrative Procedure Act (60 Stat. 237) [see 5 U.S.C. 551 et seq.
and 701 et seq.] in hearing examiners employed by the Department of the
Interior, nor to the functions of the Virgin Islands Corporation or of
its Board of Directors or officers.
Sec. 2. Performance of Functions of Secretary
The Secretary of the Interior may from time to time make such
provisions as he shall deem appropriate authorizing the performance by
an other officer, or by any agency or employee, of the Department of the
Interior of any function of the Secretary, including any function
transferred to the Secretary by the provisions of this reorganization
plan.
Sec. 3. Assistant Secretary of the Interior
There shall be in the Department of the Interior one additional
Assistant Secretary of the Interior, who shall be appointed by the
President, by and with the advice and consent of the Senate, who shall
perform such duties as the Secretary of the Interior shall prescribe,
and who shall receive compensation at the rate prescribed by law for
Assistant Secretaries of executive departments.
Sec. 4. Administrative Assistant Secretary
[Repealed. Pub. L. 92-22, Sec. 3, June 1, 1971, 85 Stat. 76. Section
authorized appointment of Administrative Assistant Secretary of the
Interior. See 43 U.S.C. 1453a and 5 U.S.C. 5315. Section 3 provided that
such repeal be effective upon Senate confirmation of Presidential
appointment of Assistant Secretary of the Interior under successor
provisions.]
Sec. 5. Incidental Transfers
The Secretary of the Interior may from time to time effect such
transfers within the Department of the Interior of any of the records,
property, personnel, and unexpended balances (available or to be made
available) of appropriations, allocations, and other funds of such
Department as he may deem necessary in order to carry out the provisions
of this reorganization plan.
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 3 of 1950, prepared in
accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Department of the Interior. My reasons for
transmitting this plan are stated in an accompanying general message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 3 of 1950 is
necessary to accomplish one or more of the purposes set forth in section
2(a) of the Reorganization Act of 1949.
I have found and hereby declare that it is necessary to include in
the accompanying reorganization plan, by reason of reorganizations made
thereby, provisions for the appointment and compensation of an Assistant
Secretary of the Interior and an Administrative Assistant Secretary of
the Interior. The rate of compensation fixed for these officers is that
which I have found to prevail in respect of comparable officers in the
executive branch of the Government.
The taking effect of the reorganizations included in this plan may
not in itself result in substantial immediate savings. However, many
benefits in improved operations are probable during the next years which
will result in a reduction in expenditures as compared with those that
would be otherwise necessary. An itemization of these reductions in
advance of actual experience under this plan is not practicable.
Harry S. Truman.
The White House, March 13, 1950.
