§ 5633. Under Secretary for Indian Affairs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2016

   Indian Trust Asset Reform Act

   Pub. L. 114–178 title III § 303 · 130 Stat. 432

   Enacted · 25 U.S.C. § 5633

   (Pub. L. 114–178, title III, § 303, June 22, 2016, 130 Stat. 440.)

   Source evidence

   Code source credit
   (Pub. L. 114–178, title III, § 303, June 22, 2016, 130 Stat. 440.)

   Enacted provision · exact public law section
   SEC. 303. UNDER SECRETARY FOR INDIAN AFFAIRS. (a) Establishment of Position.— Notwithstanding any other provision of law, the Secretary may establish in the Department the position of Under Secretary for Indian Affairs, who shall report directly to the Secretary. (b) Appointment.— (1) In general.— Except as provided in paragraph (2), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (2) Exception.— The individual serving as the Assistant Secretary for Indian Affairs on the date of enactment of this Act may assume the position of Under Secretary without appointment under paragraph (1), if— (A) that individual was appointed as Assistant Secretary for Indian Affairs by the President, by and with the advice and consent of the Senate; and (B) not later than 180 days after the date of enactment of this Act, the Secretary approves the assumption. (c) Duties.— In addition to any other duties directed by the Secretary, the Under Secretary shall— (1) coordinate with the Special Trustee for American Indians to ensure an orderly transition of the functions of the Special Trustee to one or more appropriate agencies, offices, or bureaus within the Department, as determined by the Secretary; (2) to the maximum extent practicable, supervise and coordinate activities and policies of the BIA with activities and policies of— (A) the Bureau of Reclamation; (B) the Bureau of Land Management; (C) the Office of Natural Resources Revenue; (D) the National Park Service; and (E) the United States Fish and Wildlife Service; and (3) provide for regular consultation with Indians and Indian tribes that own interests in trust resources and trust fund accounts. (d) Personnel Provisions.— (1) Appointments.— The Under Secretary may appoint and fix the compensation of such officers and employees as the Under Secretary determines to be necessary to carry out any function transferred under this section. (2) Requirements.— Except as otherwise provided by law— (A) any officer or employee described in paragraph (1) shall be appointed in accordance with the civil service laws; (B) the compensation of such an officer or employee shall be fixed in accordance with title 5, United States Code; and (C) in appointing or otherwise hiring any employee, the Under Secretary shall give preference to Indians in accordance with section 12 of the Act of June 18, 1934 (25 U.S.C. 472).

1 of 1 references resolved to an enrolled provision