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. 90760 Stat. 939Pub. L. 101–509, title V, § 529 [title I, § 112(c)]104 Stat. 1427(, ; , , , 1454.)
Editorial Notes
Amendments
Pub. L. 101–5091990— substituted “Deputy Secretary” for “Under Secretary” before “or to an Assistant Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Pub. L. 101–509Pub. L. 101–509section 3404 of Title 20Amendment by effective on first day of first pay period beginning on or after , with continued service by incumbent Under Secretary of the Interior, see section 529 [title I, § 112(e)(1), (2)(B)] of , set out as a note under , Education.
Assistant Commissioners
act July 16, 1914, ch. 141, § 138 Stat. 490An assistant commissioner was authorized by a provision of , .
Executive Documents
Transfer of Functions
64 Stat. 1262For 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. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.