25 Usc 2

§2

TITLE 25—INDIANS

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. 907, 60 Stat. 939; Pub. L. 101–509,
title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104
Stat. 1427, 1454.)
AMENDMENTS
1990—Pub. L. 101–509 substituted ‘‘Deputy Secretary’’
for ‘‘Under Secretary’’ before ‘‘or to an Assistant Secretary’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–509 effective on first day
of first pay period beginning on or after Nov. 5, 1990,
with continued service by incumbent Under Secretary
of the Interior, see section 529 [title I, § 112(e)(1), (2)(B)]
of Pub. L. 101–509, set out as a note under section 3404
of Title 20, Education.
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 in
the Appendix to Title 5, Government Organization and
Employees.
ASSISTANT COMMISSIONERS
An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, § 1, 38 Stat. 490.

§ 2. Duties of Commissioner
The Commissioner of Indian Affairs shall,
under the direction of the Secretary of the Interior, and agreeably to such regulations as the
President may prescribe, have the management
of all Indian affairs and of all matters arising
out of Indian relations.
(R.S. § 463.)
CODIFICATION
R.S. § 463 derived from acts July 9, 1832, ch. 174, § 1, 4
Stat. 564; July 27, 1868, ch. 259, § 1, 15 Stat. 228.
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 in
the Appendix to Title 5, Government Organization and
Employees.
All supervisory and appellate powers and duties in regard to Indian affairs theretofore vested in Secretary of
the Treasury were thereafter to be exercised and performed by Secretary of the Interior under provisions of
section 1 of act July 27, 1868, ch. 259, 15 Stat. 228.
Appointment by President of a Commissioner of Indian Affairs to act under direction of Secretary of War

Page 10

was provided for by section 1 of act July 9, 1832, ch. 174,
4 Stat. 564.

§ 2a. Assistant or deputy commissioners; appointment; powers and duties
Assistant or deputy commissioners of the Bureau of Indian Affairs, in the Department of the
Interior, shall be appointed by the Secretary of
the Interior, subject to the civil-service laws
and chapter 51 and subchapter III of chapter 53
of title 5. Appointments to these positions shall
be considered as made under the authority of
section 3101 of title 5. Assistant and deputy commissioners so appointed shall be authorized to
sign such letters, papers, and documents and to
perform such other duties as may be directed by
the commissioner of the Bureau of Indian Affairs. The Secretary may designate for the Bureau of Indian Affairs an assistant or deputy
commissioner, who shall be authorized to perform the duties of the commissioner in case of
the death, resignation, absence, or sickness of
the commissioner.
(June 5, 1942, ch. 336, § 1, 56 Stat. 312; 1946 Reorg.
Plan No. 3, § 403(d), eff. July 16, 1946, 11 F.R. 7876,
60 Stat. 1100; Oct. 28, 1949, ch. 782, title XI,
§ 1106(a), 63 Stat. 972.)
CODIFICATION
‘‘Chapter 51 and subchapter III of chapter 53 of title
5’’ and ‘‘section 3101 of title 5’’ substituted in text for
‘‘the Classification Act of 1949, as amended’’ and ‘‘section 169 of the Revised Statutes, as amended (5 U.S.C.,
sec. 43)’’, respectively, on authority of Pub. L. 89–554,
§ 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and
Employees.
Section embodies only those provisions of section 1 of
act June 5, 1942, which relate to the Bureau of Indian
Affairs. Provisions of section 1 of such act relating to
the General Land Office were classified to section 3a of
Title 43, Public Lands, and were omitted from the Code
pursuant to Reorg. Plan No. 3 of 1946.
AMENDMENTS
1949—Act Oct. 28, 1949, substituted ‘‘Classification Act
of 1949’’ for ‘‘Classification Act of 1923’’.
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub.
L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
REPEAL OF INCONSISTENT LAWS
Act June 5, 1942, ch. 336, § 2, 56 Stat. 312, provided
that: ‘‘All provisions of law inconsistent with this Act
[this section] are hereby repealed to the extent of such
inconsistency.’’
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 in
the Appendix to Title 5, Government Organization and
Employees.
ASSISTANT COMMISSIONERS
An assistant commissioner was authorized by a provision of act July 16, 1914, ch. 141, § 1, 38 Stat. 490.

§ 3. Compilation of statutes regulating duties of
Indian agents and inspectors
It shall be the duty of the Commissioner of Indian Affairs to cause to be compiled and printed