25 USC 5633 – 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 June 22, 2016, 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 June 22, 2016, the Secretary approves the assumption.
(c) Duties
Terms Used In 25 USC 5633
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- Trustee: A person or institution holding and administering property in trust.
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; and
(C) in appointing or otherwise hiring any employee, the Under Secretary shall give preference to Indians in accordance with section 5116 of this title.