§ 1457. Duties of Secretary

§ 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.

• 1. Alaska Road Commission.

• 1. Bounty-lands.

• 1. Bureau of Land Management.

• 1. United States Bureau of Mines.

• 1. Bureau of Reclamation.

• 1. Division of Territories and Island Possessions.

• 1. Fish and Wildlife Service.

• 1. United States Geological Survey.

• 1. Indians.

• 1. National Park Service.

• 1. Petroleum conservation.

• 1. 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.)

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

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.

Pilot Program

Pub. L. 118–210, title II, § 223(c), Jan. 2, 2025, 138 Stat. 2781, provided that: “(1) Establishment.—The Secretary of the Interior shall, in consultation with the Secretary of Labor and the Secretary of Veterans Affairs, establish a pilot program to proactively inform veterans of available employment positions that relate to the conservation and resource management activities of the Department of the Interior. “(2) Positions.—The Secretary of the Interior shall—“(A) identify vacant positions in the Department of the Interior that are appropriate to fill using the pilot program; and “(B) to the maximum extent practicable, provide assistance to veterans in selecting one or more vacant positions to apply to, for which that veteran may be best qualified. “(3) Reports.—“(A) Implementation report.—Not later than one year after the date on which the pilot program under paragraph (1) commences, the Secretary of the Interior, the Secretary of Veterans Affairs, and the Secretary of Labor shall jointly provide to the appropriate congressional committees a report on the implementation of the pilot program. “(B) Final report.—Not later than 30 days after the date on which the pilot program under paragraph (1) terminates under paragraph (4), the Secretary of the Interior, the Secretary of Veterans Affairs, and the Secretary of Labor shall jointly submit to the appropriate congressional committees a report on the pilot program that includes the following:“(i) The number of veterans who applied to participate in the pilot program. “(ii) The number of such veterans employed under the pilot program. “(iii) The number of veterans identified in clause (ii) who transitioned to full-time positions with the Federal Government after participating in the pilot program. “(iv) Any other information the Secretary of the Interior, the Secretary of Veterans Affairs, and the Secretary of Labor determine appropriate with respect to measuring the effectiveness of the pilot program. “(4) Termination.—The authority to carry out the pilot program under this subsection shall terminate on the date that is two years after the date on which the pilot program commences. “(5) Appropriate congressional committees defined.—In this subsection, the term ‘appropriate congressional committees’ means—“(A) the Committee on Veterans’ Affairs and the Committee on Energy and Natural Resources of the Senate; and “(B) the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives.”

Appointment of Highly Qualified Individuals To Address Certain Hiring Needs Within Department of the Interior

Pub. L. 118–158, div. B, title VII, § 2701, Dec. 21, 2024, 138 Stat. 1752, provided that: “Notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, may recruit and directly appoint highly qualified individuals into the competitive service to address critical hiring needs for the planning and execution of the projects and activities funded in this title [title VII of div. B of Pub. L. 118–158, 138 Stat. 1746]: Provided, That such authority shall not apply to positions in the Excepted Service or the Senior Executive Service: Provided further, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and the Department of the Interior and the Department of Agriculture shall comply with the public notice requirements of section 3327 of such title 5: Provided further, That the authority under this section shall terminate on September 30, 2029: Provided further, That amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)].”

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. “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.]

Conveyance to Indian Tribes of Federally Owned Buildings, Improvements, or Facilities

Act Aug. 6, 1956, ch. 979, 70 Stat. 1057, provided that: “The Secretary of the Interior at the request of any Indian tribe, band, or group is authorized to convey to such Indian tribe, band, or group, by such means as he may deem appropriate, title to any federally owned buildings, improvements, or facilities (including any personal property used in connection with such buildings, improvements, or facilities) that are situated on lands of such tribe, band, or group or on lands reserved for the administration of its affairs, and that are no longer required by the Secretary for the administration of Indian affairs. Any tribe, band, or group to which property is conveyed pursuant to this Act may dispose of such property whenever its governing body determines that the property is no longer needed for its use. If, at any time while property conveyed pursuant to this Act remains in the ownership of any Indian tribe, band, or group, the Secretary of the Interior determines that such property is not being adequately maintained or properly utilized by such tribe, band, or group or that the property creates a health or safety hazard or other undesirable condition, he may declare a forfeiture of the conveyance and the title to such property shall thereupon revert to the United States. Such determination by the Secretary shall be final. “For the purpose of this Act, the term ‘Indian’ shall include Eskimos and Aleuts.”

[Act Aug. 6, 1956, set out above, was formerly classified to section 443a of Title 25, Indians, prior to editorial reclassification as this note.]

Indian Goods and Supplies

Act Apr. 30, 1908, ch. 153, 35 Stat. 73, provided: “That hereafter payment for transportation of Indian goods and supplies shall include all Indian transportation lawfully due such land-grant railroads as have not received aid in Government bonds (to be adjusted in accordance with the decisions of the Supreme Court in cases decided under such land-grant Acts), but in no case shall more than 50 per centum of full amount of service be paid to said land-grant roads: Provided, That such compensation shall be computed upon the basis of the tariff or lower special rates for like transportation performed for the public at large, and shall be accepted as in full for all demands for such service: Provided further, That hereafter in expending money appropriated for this purpose a railroad company which has not received aid in bonds of the United States, and which obtained a grant of public lands to aid in the construction of its railroad on condition that such railroad should be a post route and military road, subject to the use of the United States for postal, military, naval, and other Government services, and also subject to such regulations as Congress may impose, restricting the charge for such government transportation, having claims against the United States for transportation of Indian goods and supplies over such aided railroads, shall be paid out of the moneys appropriated for such purpose only on the basis of such rate for the transportation of such Indian goods and supplies as the Secretary of the Interior shall deem just and reasonable under the provisions set forth herein, such rate not to exceed 50 per centum of the compensation for such Government transportation as shall at that time be charged to and paid by private parties to any such company for like and similar transportation; and the amount so fixed to be paid shall be accepted as in full for all demands for such service.”

[Act Apr. 30, 1908, set out above, was formerly classified to section 443b of Title 25, Indians, prior to editorial reclassification as this note.]

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.

Statutory Notes and Executive Documents

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.)