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25 U.S.C. § 1aDelegation of powers and duties by Secretary of the Interior and Commissioner of Indian Affairs

submitted 80 years ago by ch. 907 to r/title-25-INDIANS · 296 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may hand off some duties to the Commissioner of Indian Affairs. This only covers decisions in individual cases under rules the Secretary already made. The Commissioner may pass those duties further down, and any handoff can be appealed or canceled.

This section lets the Secretary of the Interior share some of the work of administering Indian affairs laws. The stated goal is to make administering those laws easier and simpler. The Secretary can delegate — meaning hand off — powers and duties under Indian affairs laws to the Commissioner of Indian Affairs. The Secretary decides how much to delegate and can set regulations controlling it. But this power only covers "action in individual cases" — meaning decisions about specific people or situations — that arise under general regulations the Secretary already created. The Commissioner can do the same thing, but only under the Secretary's supervision and direction. The Commissioner may delegate powers already given by the Secretary, or powers the Commissioner has directly under other laws, to assistant commissioners or to the officer in charge of any branch, division, office, or agency of the Bureau of Indian Affairs. Just like the Secretary's delegations, this only covers individual case decisions made under general regulations from the Secretary or the Commissioner. Anyone affected by a decision made under one of these delegated powers can appeal it. The appeal goes to the Secretary, following rules the Secretary sets. Or, based on what the Secretary decides, the appeal can go to the Deputy Secretary, an Assistant Secretary of the Interior, or the Commissioner of Indian Affairs instead. The Secretary or the Commissioner can cancel — "revoke" — all or part of a delegation at any time. But a cancellation cannot be applied retroactively; it only affects things going forward. This section does not take away any other delegation power that other laws already give. It also does not give anyone the power to delegate the job of writing regulations.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1946Enacted · Act of Aug. 8, 1946, ch. 907 · 60 Stat. 939
  • 1990Amended · Pub. L. 101-509 · 104 Stat. 1427, 1454

A history note hasn’t been published yet. The record shows enactment by ch. 907 on 1946-08-08.

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