43 Usc 1457

Page 331

§ 1457

TITLE 43—PUBLIC LANDS

ment Order No. 2546, dated Aug. 15, 1950, placed the Division of Administrative Services, with the Chief Clerk
in charge, under the Administrative Assistant Secretary of the Interior Department.

§ 1456a. Repealed. Pub. L. 95–164,
§ 306(b), Nov. 9, 1977, 91 Stat. 1322

title

III,

Section, Pub. L. 93–153, title IV, § 405, Nov. 16, 1973, 87
Stat. 590, provided for appointment by the President of
head of Mining Enforcement and Safety Administration.
EFFECTIVE DATE OF REPEAL
Repeal effective 120 days after Nov. 9, 1977, see section
307 of Pub. L. 95–164, set out as an Effective Date of 1977
Amendment note under section 801 of Title 30, Mineral
Lands and Mining.

§ 1457. Duties of Secretary
The Secretary of the Interior is charged with
the supervision of public business relating to the
following subjects and agencies:
1. Alaska Railroad.
2. Alaska Road Commission.
3. Bounty-lands.
4. Bureau of Land Management.
5. United States Bureau of Mines.
6. Bureau of Reclamation.
7. Division of Territories and Island Possessions.
8. Fish and Wildlife Service.
9. United States Geological Survey.
10. Indians.
11. National Park Service.
12. Petroleum conservation.
13. Public lands, including mines.
(R.S. § 441; Mar. 3, 1879, ch. 182, 20 Stat. 394; Jan.
12, 1895, ch. 23, 28 Stat. 601; June 17, 1902, ch. 1093,
§ 1, 32 Stat. 388; Feb. 14, 1903, ch. 552, § 4, 32 Stat.
826; Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1422; July 1,
1916, ch. 209, § 1, 39 Stat. 309; Aug. 25, 1916, ch. 408,
39 Stat. 535; Ex. Ord. No. 3861, eff. June 8, 1923;
Ex. Ord. No. 4175, eff. Mar. 17, 1925; Ex. Ord. No.
5398, eff. July 21, 1930; June 30, 1932, ch. 320, § 1,
47 Stat. 446; Ex. Ord. No. 6611, eff. Feb. 22, 1934;
Ex. Ord. No. 6726, eff. May 29, 1934; June 28, 1934,
ch. 865, § 1, 48 Stat. 1269; 1939 Reorg. Plan No. I,
§ 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424;
1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939,
4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III,
§ 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;
1940 Reorg. Plan No. IV, § 11, eff. June 30, 1940, 5
F.R. 2422, 54 Stat. 1236; 1946 Reorg. Plan No. 3,
§ 403(a), eff. July 16, 1946, 11 F.R. 7876, 60 Stat.
1100; Pub. L. 85–56, title XXII, § 2201(1), June 17,
1957, 71 Stat. 157; Pub. L. 102–154, title I, Nov. 13,
1991, 105 Stat. 1000; Pub. L. 102–285, § 10(b), May
18, 1992, 106 Stat. 172.)
CODIFICATION
R.S. § 441 derived from acts Mar. 3, 1849, ch. 108, §§ 3,
5 to 9, 9 Stat. 395; Feb. 5, 1859, ch. 22, § 1, 11 Stat. 379;
July 20, 1868, ch. 176, § 1, 15 Stat. 92, 106; July 8, 1870, ch.
230, § 1, 16 Stat. 198.
Section was formerly classified to section 485 of Title
5 prior to the general revision and enactment of Title
5, Government Organization and Employees, by Pub. L.
89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
AMENDMENTS
1957—Pub. L. 85–56 substituted ‘‘Bounty-lands’’ for
‘‘Pensions and bounty-lands’’ in par. 3.

CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in par. (5) pursuant to section 10(b)
of Pub. L. 102–285, set out as a note under section 1 of
Title 30, Mineral Lands and Mining.
‘‘United States Geological Survey’’ substituted for
‘‘Geological Survey’’ in par. 9 pursuant to provision of
title I of Pub. L. 102–154, set out as a note under section
31 of this title.
EFFECTIVE DATE OF 1957 AMENDMENT
Amendment by Pub. L. 85–56 effective Jan. 1, 1958, see
section 2301 of Pub. L. 85–56.
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, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
Functions of General Land Office and of Grazing
Service consolidated into a new agency known as Bureau of Land Management by Reorg. Plan No. 3 of 1946,
§ 403(a), eff. July 16, 1946. See note set out under section
1 of this title.
The following subjects of which Secretary of the Interior was charged with supervision by R.S. § 441, were
transferred in the manner indicated:
Census—Transferred to Department of Commerce and
Labor by act Feb. 14, 1903, ch. 552, § 4, 32 Stat. 826. (See
Title 13, Census.)
Pensions—Transferred to Veterans’ Administration
by Ex. Ord. No. 5398 of July 21, 1930, pursuant to act
July 3, 1930, ch. 863, § 1, 46 Stat. 1016. (See Title 38, Veterans’ Benefits.)
Patents—Transferred to Department of Commerce by
Ex. Ord. No. 4175 of Mar. 17, 1925, pursuant to act Feb.
14, 1903, ch. 552 § 12, 32 Stat. 830. (See Title 35, Patents.)
Publications, custody and distribution—Transferred
to Public Printer and superintendent of documents by
act Jan. 12, 1895, ch. 23, 28 Stat. 601. (See Title 44, Public Printing and Documents.)
Education—Transferred to Federal Security Agency
by Reorg. Plan No. I of 1939, § 201, 4 F.R. 2728 53 Stat.
1424, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency
abolished by section 8 of Reorg. Plan No. 1 of 1953, set
out in the Appendix to Title 5, and its functions transferred to Department of Health, Education, and Welfare
by section 5 of Reorg. Plan No. 1 of 1953, set out in the
Appendix to Title 5. Functions of Department of
Health, Education, and Welfare (relating to education)
transferred to Secretary of Education by section 3441 of
Title 20, Education.
Government Hospital for the Insane—Designated St.
Elizabeths Hospital by act July 1, 1916, ch. 209, § 1, 39
Stat. 309—Transferred to Federal Security Agency by
Reorg. Plan No. IV of 1940, § 11, 5 F.R. 2422, 54 Stat. 1236,
set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency abolished by section 8 of Reorg. Plan No. 1 of 1953, set out
in the Appendix to Title 5, and its functions transferred
to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5. Department of Health, Education,
and Welfare redesignated Department of Health and
Human Services by section 3508(b) of Title 20, Education.
Columbia Asylum for the Deaf and Dumb—Designated ‘‘Columbia Institution for the Deaf’’ by act
Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1422, thereafter ‘‘Gallaudet College’’ by act June 18, 1954, ch. 324, § 1, 68 Stat.
265, and subsequently ‘‘Gallaudet University’’ by Pub.
L. 99–371, title I, § 101(a), Aug. 4, 1986, 100 Stat. 781.—
Transferred to Federal Security Agency by Reorg. Plan
No. IV of 1940, § 11, 5 F.R. 2422, 54 Stat. 1236. Federal Security Agency abolished by section 8 of Reorg. Plan No.
1 of 1953, set out in the Appendix to Title 5, Govern-

§ 1457

TITLE 43—PUBLIC LANDS

ment Organization and Employees, and functions transferred to Department of Health, Education, and Welfare
by section 5 of Reorg. Plan No. 1 of 1953, set out in the
Appendix to Title 5. Functions of Department of
Health, Education, and Welfare (relating to education)
transferred to Secretary of Education by section 3441 of
Title 20, Education. See, also, section 4301 et seq. of
Title 20.
The following subjects and agencies were placed
under supervision of Secretary of the Interior by acts
and executive orders cited thereto:
Alaska Railroad—Ex. Ord. No. 3861 of June 8, 1923,
pursuant to act Mar. 12, 1914, ch. 37, 38 Stat. 305, and
Ex. Ord. 11107 of Apr. 25, 1963. For transfer to Secretary
of Transportation of administration of Alaska Railroad
and functions authorized to be carried out by Secretary
of the Interior pursuant to Ex. Ord. No. 11107, Apr. 25,
1963, 28 F.R. 4225, relative to operation of railroad, see
section 6(i) of Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 941,
which was classified to section 1655(i) of former Title
49, Transportation, prior to repeal by Pub. L. 97–468,
title VI, § 615(a)(4), Jan. 14, 1983, 96 Stat. 2579. Alaska
Railroad transferred to State of Alaska on Jan. 5, 1985,
pursuant to section 1203 of Title 45, Railroads, see section 615(a) of Pub. L. 97–468.
Alaska Road Commission—Act June 30, 1932, ch. 320,
§ 1, 47 Stat. 446—Transferred to Department of Commerce by act June 29, 1956, ch. 462, title I, § 107, 70 Stat.
377, and terminated by act June 25, 1959, Pub. L. 86–70,
§ 21(d)(7), 73 Stat. 146.
Bureau of Mines—Transferred to Department of Commerce by Ex. Ord. No. 4239 of June 4, 1925; retransferred
to Department of the Interior by Ex. Ord. No. 6611 of
Feb. 22, 1934.
Functions of Secretary of the Interior, Department of
the Interior, and officers and components of Department of the Interior exercised by Bureau of Mines relating to fuel supply and demand analysis and data
gathering, research and development relating to increased efficiency of production technology of solid fuel
minerals other than research relating to mine health
and safety and research relating to environmental and
leasing consequences of solid fuel mining, and coal
preparation and analysis transferred to Secretary of
Energy by section 7152(d) of Title 42, The Public Health
and Welfare. Subsequently, those functions transferred
to, and vested in, Secretary of the Interior, by section
100 of Pub. L. 97–257, 96 Stat. 841, set out as a note under
section 7152 of Title 42.
For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see
note set out under section 1 of Title 30, Mineral Lands
and Mining.
Bureau of Reclamation—Act June 17, 1902, ch. 1093, 32
Stat. 388.
Power marketing functions of Bureau of Reclamation, including construction, operation, and maintenance of transmission lines and attendant facilities,
transferred to Secretary of Energy by section
7152(a)(1)(D), (3) of Title 42, The Public Health and Welfare, and to be exercised by Secretary through a separate Administration within Department of Energy.
Division of Territories and Island Possessions—Ex.
Ord. No. 6726 of May 29, 1934. Functions of Division
transferred to Office of Territories established July 28,
1950, pursuant to Secretarial Order No. 2577. Office of
Territories ceased to exist on June 30, 1971, and its
functions assigned to Deputy Assistant Secretary for
Territorial Affairs in Office of the Assistant Secretary
for Public Land Management by Secretarial Order No.
2942, eff. July 1, 1971. Subsequently, functions and responsibilities of Deputy Assistant Secretary were assumed by Office of Territorial Affairs, headed by a Director, established by Secretarial Order No. 2951 of Feb.
6, 1973. Functions and responsibilities of Office of Territorial Affairs transferred to Office of Assistant Secretary for Territorial and International Affairs established by Secretarial Order No. 3046 of Feb. 14, 1980, as
amended May 14, 1980.
Fish and Wildlife Service—1939 Reorg. Plan No. II,
§ 4(e), (f), 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No.

Page 332

III, § 3, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix
to Title 5, Government Organization and Employees.
Fish and Wildlife Service, created by Reorg. Plan No.
III of 1940, was succeeded by United States Fish and
Wildlife Service established by act Aug. 8, 1956, ch. 1036,
§ 3, 70 Stat. 1119. See section 742b of Title 16, Conservation.
Geological Survey—Act Mar. 3, 1879, ch. 182, 20 Stat.
394.
Grazing—Act June 28, 1934, ch. 865, 48 Stat. 1269.
National Park Service—Act Aug. 25, 1916, ch. 408, 39
Stat. 535.
Office of Consumers’ Counsel of National Bituminous
Coal Commission—Abolished and functions transferred
to office of Solicitor of Department of the Interior, by
Reorg. Plan No. II of 1939, § 4(c), eff. July 1, 1939, set out
in the Appendix to Title 5, Government Organization
and Employees. Its functions, records, property, and
personnel were subsequently transferred from Solicitor
to Bituminous Coal Consumers’ Counsel.
Petroleum conservation—Section 3 of Ex. Ord. No.
10752, eff. Feb. 12, 1958, 23 F.R. 973, superseded Ex. Ord.
No. 6979, eff. Feb. 28, 1935, Ex. Ord. No. 7756, eff. Dec. 1,
1937, 2 F.R. 2664, and Ex. Ord. No. 9732, eff. June 3, 1946,
11 F.R. 5985, formerly classified as notes to this section.
EMERGENCY PREPAREDNESS FUNCTIONS
For assignment of certain emergency preparedness
functions to Secretary of the Interior, see Parts 1, 2,
and 10 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491,
set out as a note under section 5195 of Title 42, The
Public Health and Welfare.
REPORT TO CONGRESS ON AVAILABILITY OF FEDERAL
PROGRAMS TO TERRITORIES OF UNITED STATES; AUTHORIZATION OF APPROPRIATIONS
Pub. L. 95–134, title IV, § 401, Oct. 15, 1977, 91 Stat.
1163, directed the Secretary of the Interior to submit to
the Congress no later than Jan. 1, 1978, a report on Federal programs available to United States territories
and authorized an appropriation of $50,000 for fiscal
year 1978.
STUDY OF HEALTH AND SAFETY CONDITIONS IN METAL
AND NONMETALLIC MINES
Pub. L. 87–300, Sept. 26, 1961, 75 Stat. 649, directed
Secretary of the Interior to make a study on health
and safety conditions in metal and nonmetallic mines,
excluding coal and lignite mines, which study was to
cover causes of injuries and health hazards, the relative
effectiveness of voluntary versus mandatory reporting
of accident statistics, the relative contribution to safety of inspection programs embodying right-of-entry
and right-of-entry with enforcement authority, the effectiveness of health and safety training programs, the
cost of an effective safety program, and the scope and
adequacy of State mine safety laws, and to submit his
findings, accompanied with recommendations for an effective safety program for metal and nonmetallic
mines, excluding coal or lignite mines, to Congress not
later then two years after Sept. 26, 1961.
SURVEYS, INVESTIGATIONS AND RESEARCH;
APPROPRIATIONS
Pub. L. 85–743, Aug. 23, 1958, 72 Stat. 837, provided:
‘‘That the authority vested in the Secretary of the Interior, to perform surveys, investigations, and research
in geology, biology, minerals and water resources, and
mapping is hereby extended to include Antarctica and
the Trust Territory of the Pacific Islands.
‘‘SEC. 2. The Secretary of the Interior is authorized to
compile maps of Antarctica from materials already
available and from such additional material as may result from the several expeditions in support of the
International Geophysical Year.
‘‘SEC. 3. Nothing in this Act shall be construed to authorize the absorption or modification of, or change in
any way, the responsibility of any other department or
agency of the United States, including the performance
of surveys, mapping, and compilation of maps.

Page 333

TITLE 43—PUBLIC LANDS

‘‘SEC. 4. There are hereby authorized to be appropriated such sums as may be necessary to carry out the
purposes of this Act.’’
[For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.]
EXECUTIVE ORDER NO. 9633
Ex. Ord. No. 9633, eff. Sept. 28, 1945, 10 F.R. 12305,
which reserved and placed certain resources of the Continental Shelf under the control and jurisdiction of the
Secretary of the Interior, was revoked by Ex. Ord. No.
10426, eff. Jan. 16, 1953, 18 F.R. 405.
EX. ORD. NO. 12906. COORDINATING GEOGRAPHIC DATA ACQUISITION AND ACCESS: THE NATIONAL SPATIAL DATA
INFRASTRUCTURE
Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, as
amended by Ex. Ord. No. 13286, § 25, Feb. 28, 2003, 68 F.R.
10624, provided:
Geographic information is critical to promote economic development, improve our stewardship of natural resources, and protect the environment. Modern
technology now permits improved acquisition, distribution, and utilization of geographic (or geospatial) data
and mapping. The National Performance Review has
recommended that the executive branch develop, in cooperation with State, local, and tribal governments,
and the private sector, a coordinated National Spatial
Data Infrastructure to support public and private sector applications of geospatial data in such areas as
transportation, community development, agriculture,
emergency response, environmental management, and
information technology.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States of America; and to implement the recommendations of the National Performance Review; to advance the goals of the National Information Infrastructure; and to avoid wasteful duplication of effort and
promote effective and economical management of resources by Federal, State, local, and tribal governments, it is ordered as follows:
SECTION 1. DEFINITIONS. (a) ‘‘National Spatial Data
Infrastructure’’ (‘‘NSDI’’) means the technology, policies, standards, and human resources necessary to acquire, process, store, distribute, and improve utilization of geospatial data.
(b) ‘‘Geospatial data’’ means information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the
earth. This information may be derived from, among
other things, remote sensing, mapping, and surveying
technologies. Statistical data may be included in this
definition at the discretion of the collecting agency.
(c) The ‘‘National Geospatial Data Clearinghouse’’
means a distributed network of geospatial data producers, managers, and users linked electronically.
SEC. 2. EXECUTIVE BRANCH LEADERSHIP FOR
DEVELOPMENT OF THE COORDINATED NATIONAL
SPATIAL DATA INFRASTRUCTURE. (a) The Federal
Geographic Data Committee (‘‘FGDC’’), established by
the Office of Management and Budget (‘‘OMB’’) Circular No. A–16 (‘‘Coordination of Surveying, Mapping,
and Related Spatial Data Activities’’) and chaired by
the Secretary of the Department of the Interior (‘‘Secretary’’) or the Secretary’s designee, shall coordinate
the Federal Government’s development of the NSDI.
(b) Each member agency shall ensure that its representative on the FGDC holds a policy-level position.
(c) Executive branch departments and agencies
(‘‘agencies’’) that have an interest in the development
of the NSDI are encouraged to join the FGDC.
(d) This Executive order is intended to strengthen
and enhance the general policies described in OMB Circular No. A–16. Each agency shall meet its respective
responsibilities under OMB Circular No. A–16.
(e) The FGDC shall seek to involve State, local, and
tribal governments in the development and implemen-

§ 1457

tation of the initiatives contained in this order. The
FGDC shall utilize the expertise of academia, the private sector, professional societies, and others as necessary to aid in the development and implementation
of the objectives of this order.
SEC. 3. DEVELOPMENT OF A NATIONAL GEOSPATIAL DATA CLEARINGHOUSE. (a) Establishing a
National Geospatial Data Clearinghouse. The Secretary,
through the FGDC, and in consultation with, as appropriate, State, local, and tribal governments and other
affected parties, shall take steps within 6 months of the
date of this order, to establish an electronic National
Geospatial Data Clearinghouse (‘‘Clearinghouse’’) for
the NSDI. The Clearinghouse shall be compatible with
the National Information Infrastructure to enable integration with that effort.
(b) Standardized Documentation of Data. Beginning 9
months from the date of this order, each agency shall
document all new geospatial data it collects or produces, either directly or indirectly, using the standard
under development by the FGDC, and make that standardized documentation electronically accessible to the
Clearinghouse network. Within 1 year of the date of
this order, agencies shall adopt a schedule, developed in
consultation with the FGDC, for documenting, to the
extent practicable, geospatial data previously collected
or produced, either directly or indirectly, and making
that data documentation electronically accessible to
the Clearinghouse network.
(c) Public Access to Geospatial Data. Within 1 year of
the date of this order, each agency shall adopt a plan,
in consultation with the FGDC, establishing procedures
to make geospatial data available to the public, to the
extent permitted by law, current policies, and relevant
OMB circulars, including OMB Circular No. A–130
(‘‘Management of Federal Information Resources’’) and
any implementing bulletins.
(d) Agency Utilization of the Clearinghouse. Within 1
year of the date of this order, each agency shall adopt
internal procedures to ensure that the agency accesses
the Clearinghouse before it expends Federal funds to
collect or produce new geospatial data, to determine
whether the information has already been collected by
others, or whether cooperative efforts to obtain the
data are possible.
(e) Funding. The Department of the Interior shall provide funding for the Clearinghouse to cover the initial
prototype testing, standards development, and monitoring of the performance of the Clearinghouse. Agencies shall continue to fund their respective programs
that collect and produce geospatial data; such data is
then to be made part of the Clearinghouse for wider accessibility.
SEC. 4. DATA STANDARDS ACTIVITIES. (a) General
FGDC Responsibility. The FGDC shall develop standards
for implementing the NSDI, in consultation and cooperation with State, local, and tribal governments,
the private and academic sectors, and, to the extent
feasible, the international community, consistent with
OMB Circular No. A–119 (‘‘Federal Participation in the
Development and Use of Voluntary Standards’’), and
other applicable law and policies.
(b) Standards for Which Agencies Have Specific Responsibilities. Agencies assigned responsibilities for data categories by OMB Circular No. A–16 shall develop,
through the FGDC, standards for those data categories,
so as to ensure that the data produced by all agencies
are compatible.
(c) Other Standards. The FGDC may from time to time
identify and develop, through its member agencies, and
to the extent permitted by law, other standards necessary to achieve the objectives of this order. The
FGDC will promote the use of such standards and, as
appropriate, such standards shall be submitted to the
Department of Commerce for consideration as Federal
Information Processing Standards. Those standards
shall apply to geospatial data as defined in section 1 of
this order.
(d) Agency Adherence to Standards. Federal agencies
collecting or producing geospatial data, either directly

§ 1457a

TITLE 43—PUBLIC LANDS

or indirectly (e.g. through grants, partnerships, or contracts with other entities), shall ensure, prior to obligating funds for such activities, that data will be collected in a manner that meets all relevant standards
adopted through the FGDC process.
SEC. 5. NATIONAL DIGITAL GEOSPATIAL DATA
FRAMEWORK. In consultation with State, local, and
tribal governments and within 9 months of the date of
this order, the FGDC shall submit a plan and schedule
to OMB for completing the initial implementation of a
national digital geospatial data framework (‘‘framework’’) by January 2000 and for establishing a process
of ongoing data maintenance. The framework shall include geospatial data that are significant, in the determination of the FGDC, to a broad variety of users within any geographic area or nationwide. At a minimum,
the plan shall address how the initial transportation,
hydrology, and boundary elements of the framework
might be completed by January 1998 in order to support
the decennial census of 2000.
SEC. 6. PARTNERSHIPS FOR DATA ACQUISITION.
The Secretary, under the auspices of the FGDC, and
within 9 months of the date of this order, shall develop,
to the extent permitted by law, strategies for maximizing cooperative participatory efforts with State, local,
and tribal governments, the private sector, and other
nonfederal organizations to share costs and improve efficiencies of acquiring geospatial data consistent with
this order.
SEC. 7. SCOPE. (a) For the purposes of this order, the
term ‘‘agency’’ shall have the same meaning as the
term ‘‘Executive agency’’ in 5 U.S.C. 105, and shall include the military departments and components of the
Department of Defense.
(b) The following activities are exempt from compliance with this order:
(i) national security-related activities of the Department of Defense as determined by the Secretary
of Defense;
(ii) national defense-related activities of the Department of Energy as determined by the Secretary
of Energy;
(iii) intelligence activities as determined by the Director of Central Intelligence; and
(iv) the national security-related activities of the
Department of Homeland Security as determined by
the Secretary of Homeland Security.
(c) The NSDI may involve the mapping, charting, and
geodesy activities of the Department of Defense relating to foreign areas, as determined by the Secretary of
Defense.
(d) This order does not impose any requirements on
tribal governments.
(e) Nothing in the order shall be construed to contravene the development of Federal Information Processing Standards and Guidelines adopted and promulgated under the provisions of section 111(d) of the Federal Property and Administrative Services Act of 1949
[former 40 U.S.C. 759(d)], as amended by the Computer
Security Act of 1987 (Public Law 100–235), or any other
United States law, regulation, or international agreement.
SEC. 8. JUDICIAL REVIEW. This order is intended
only to improve the internal management of the executive branch and is not intended to, and does not, create
any right to administrative or judicial review, or any
other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against
the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT
Provisions of this section as not amended, modified,
or repealed by Submerged Lands Act, see section 1303 of
this title.

§ 1457a. Authorization of appropriations for particular programs
(a) Maximum amounts for specified years
Notwithstanding any other provision of law,
there shall not be appropriated to the Secretary

Page 334

of the Interior for Department of the Interior
programs as defined in subsection (e) of this section in excess of $4,095,404,000 for the fiscal year
ending on September 30, 1981; in excess of
$3,970,267,000 for the fiscal year ending on September 30, 1982; $4,680,223,000 for the fiscal year
ending on September 30, 1983; and $4,797,281,000
for the fiscal year ending on September 30, 1984.
(b) Ceilings on certain appropriations
It is the sense of the Congress that the appropriation targets for such fiscal years should be:
not less than $275,000,000 to be appropriated annually pursuant to the provisions of the Land
and Water Conservation Fund Act of 1965 (78
Stat. 897; 16 U.S.C. 460z); not less than $30,000,000
to be appropriated annually pursuant to the provisions of the National Historic Preservation
Act of 1966 (80 Stat. 915; 16 U.S.C. 470); not less
than $10,000,000 to be appropriated annually pursuant to the provisions of the Urban Park and
Recreation Recovery Act of 1978 (92 Stat. 3538; 16
U.S.C. 2501, et seq.); not less than $105,000,000 to
be appropriated annually to be used for the restoration and rehabilitation of units of the National Park System, as authorized by law; not
less than $239,000,000 to be appropriated annually
for the Office of Territorial and International
Affairs (including amounts for the Trust Territory of the Pacific Islands); not less than
$6,200,000 to be appropriated annually to carry
out the provisions of title III of the Surface Mining Control and Reclamation Act of 1977 (91
Stat. 445); 1 and not less than $100,000,000 to be
appropriated annually pursuant to chapter 69 of
title 31 including not less than $5,000,000 annually to carry out the purposes of section 6904 of
title 31.
(c) Additional limitations
Notwithstanding the limitation otherwise imposed by subsection (a) of this section—
(1) the authorization for obligation and appropriations for the Department of the Interior may exceed the amount specified in subsection (a) of this section by such amount as
permanent and annual indefinite appropriations exceed the estimates for such appropriations as contained in ‘‘The Budget of the
United States Government, Fiscal Year 1982,’’
as revised by the March 1981, publication of
the Office of Management and Budget entitled
‘‘Fiscal Year 1982 Budget Revisions’’, when receipts available to be appropriated equal or exceed such appropriations, and
(2) the authorization for obligation and appropriations for the Department of the Interior may exceed the amount specified in subsection (a) of this section by such amounts as
may be required for emergency firefighting
and for increased pay costs authorized by law.
(d) Omitted
(e) Applicable programs
For the purposes of this section, the term ‘‘Department of the Interior programs’’ means—
(1) Alaska Native Fund amounts included in
Bureau of Indian Affairs programs funded from
Miscellaneous Trust Funds and Miscellaneous
Permanent Appropriations accounts;
1 See

References in Text note below.