25 Usc 2

§1

TITLE 25—INDIANS

Sec.

13f.
14.

14a.
14b.

15.

16.
17.

Tribal priority allocations in Alaska.
Money accruing to Indians from Department
of Veterans Affairs or other governmental
agencies.
Deposit of grant funds received by Bureau
from other Federal agencies.
Disposition of funds received from public for
goods and services provided by Bureau of
Indian Affairs.
Utility facilities used in administration of
Bureau; contracts for sale, operation, maintenance, repair or relocation of facilities;
terms and conditions; exception; Congressional approval.
Transportation of Indians in Bureau vehicles.
Use of Bureau facilities.

NATIONAL COUNCIL ON INDIAN OPPORTUNITY;
APPROPRIATIONS AUTHORIZATION; TERMINATION DATE
Pub. L. 91–125, Nov. 26, 1969, 83 Stat. 220, provided for
annual appropriations of $300,000 and a termination
date of Nov. 26, 1974 for the National Council on Indian
Opportunity which was established by Ex. Ord. 11399.
EXECUTIVE ORDER NO. 11399
Ex. Ord. No. 11399, Mar. 6, 1968, 33 F.R. 4245, as amended by Ex. Ord. 11551, Aug. 11, 1970, 35 F.R. 12885; Ex. Ord.
No. 11688, Dec. 1, 1972, 37 F.R. 25815, established the National Council on Indian Opportunity and provided for
the functions, compensation, assistance, and meetings
with respect to the Council.

§ 1. Commissioner of Indian Affairs
There shall be in the Department of the Interior a Commissioner of Indian Affairs, who shall
be appointed by the President, by and with the
advice and consent of the Senate.
(R.S. § 462.)
CODIFICATION
R.S. § 462 derived from act July 9, 1832, ch. 174, § 1, 4
Stat. 564.
Provisions of this section relating to compensation of
the Commissioner were omitted as obsolete. The position is in level V of the Executive Schedule under section 5316 of Title 5, Government Organization and Employees.
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.

§ 1a. Delegation of powers and duties by Secretary of the Interior and Commissioner of
Indian Affairs
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 Sec-

Page 2

retary, 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. 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,

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§5

TITLE 25—INDIANS

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
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.)
REFERENCES IN TEXT
The civil-service laws, referred to in text, are set out
in Title 5, Government Organization and Employees.
See, particularly, section 3301 et seq. of Title 5.
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
Section 2 of act June 5, 1942, provided as follows: ‘‘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 cer-

tain 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
for the use of Indian agents and inspectors the
provisions of the statutes regulating the performance of their respective duties, and also to
furnish said officers from time to time information of new enactments upon the same subject.
(May 17, 1882, ch. 163, § 7, 22 Stat. 88.)
CODIFICATION
Section is from the Indian Appropriation Act, 1883.
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.
INDIAN AGENTS
There have been no Indian agents since 1908. See note
under section 64 of this title.

§ 4. Defective record of deeds and papers legalized
The recording of all deeds and papers prior to
July 26, 1892, in the office of the Commissioner
of Indian Affairs is confirmed, approved, and legalized; and said record theretofore made shall
be deemed, taken, and held to be good and valid
and shall have all the force and effect and be entitled to the same credit as if it had been made
in pursuance of and in conformity to law. But
shall have no effect whatever upon the validity
or invalidity of the deed or paper so recorded,
and shall be no evidence of constructive notice
to any persons not actually knowing the contents.
(July 26, 1892, ch. 256, § 1, 27 Stat. 272.)
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.

§ 5. Record of deeds by Indians requiring approval
The Commissioner of Indian Affairs is hereby
empowered and directed to continue to make
and keep a record of every deed executed by any
Indian, his heirs, representatives, or assigns,
which may require the approval of the President
of the United States or of the Secretary of the
Interior, whenever such approval shall have