§ 1458. — Secretary to exercise certain powers over Territories.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1458]
TITLE 43--PUBLIC LANDS
CHAPTER 31--DEPARTMENT OF THE INTERIOR
Sec. 1458. Secretary to exercise certain powers over Territories
The Secretary of the Interior shall exercise all the powers and
perform all the duties in relation to the Territories of the United
States that were, prior to March 1, 1873, by law or by custom exercised
and performed by the Secretary of State.
(R.S. Sec. 442.)
Codification
R.S. Sec. 442 derived from act Mar. 1, 1873, ch. 217, 17 Stat. 484.
Section was formerly classified to section 486 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
under section 1451 of this title.
Ex. Ord. No. 10967. Administration of Palmyra Island
Ex. Ord. No. 10967, eff. Oct. 10, 1961, 26 F.R. 9667, provided:
By virtue of the authority vested in me by section 48 of the Hawaii
Omnibus Act (approved July 12, 1960; 74 Stat. 424; P.L. 86-624) [set out
as a note preceding section 491 of Title 48, Territories and Insular
Possessions] and section 301 of title 3 of the United States Code, and
as President of the United States, it is hereby ordered as follows:
Section 1. The Secretary of the Interior shall be responsible for
the civil administration of Palmyra Island and all executive and
legislative authority necessary for that administration, and all
judicial authority respecting Palmyra Island other than the authority
contained in the Act of June 15, 1950 (64 Stat. 217), as amended (48
U.S.C. 644a), shall be vested in the Secretary of the Interior.
Sec. 2. The executive, legislative, and judicial authority provided
for in section 1 of this order (1) may be exercised through such agency
or agencies of the Department of the Interior, or through such officers
or employees under the jurisdiction of the Secretary of the Interior, as
the Secretary may direct or authorize, (2) may be exercised through such
agency or agencies, other than or not in the Department of the Interior,
or through such officers or employees of the United States not under the
administrative supervision of the Secretary, for such time and under
such conditions as may be agreed upon between the Secretary and such
agency, agencies, officers or employees of the United States, and (3)
shall be exercised in such manner as the Secretary, or any person or
persons acting under the authority of the Secretary, may direct or
authorize.
Sec. 3. The Secretary of the Interior may confer upon the United
States District Court for the District of Hawaii such jurisdiction, in
addition to that contained in the Act of June 15, 1950 [48 U.S.C. 644a],
and such judicial functions and duties, as he may deem appropriate for
the civil administration of Palmyra Island.
Sec. 4. The foregoing provisions of this order shall continue in
force until the Congress shall provide for the civil administration of
Palmyra Island or until such earlier time as the President may specify.
Sec. 5. As used herein, the term ``Palmyra Island'' means the place
of that name, consisting of a group of islets located in the Pacific
Ocean approximately at Latitude 552'' North and Longitude 16206''
West, and includes the territorial waters of that place and includes
also the reefs surrounding that place or any part thereof.
Sec. 6. To the extent that any prior Executive order or proclamation
is inconsistent with the provisions of this order, this order shall
control.
Sec. 7. Nothing in this order shall be deemed to reduce, limit, or
otherwise modify the authority or responsibility of the Attorney General
to represent the legal interests of the United States in civil or
criminal cases arising under the provisions of the Act of June 15, 1950
[48 U.S.C. 644a], or under the provisions of section 3 of this order.
John F. Kennedy.
