2016 US Code
Title 25 - Indians
Chapter 48 - Indian Trust Asset Reform
Subchapter III - Improving Efficiency and Streamlining Processes
Sec. 5633 - Under Secretary for Indian Affairs

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Citation 25 U.S.C. § 5633 (2016)
Section Name §5633. Under Secretary for Indian Affairs
Section Text (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

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.

Source Credit

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

Publication Title United States Code, 2012 Edition, Supplement 4, Title 25 - INDIANS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 25 - INDIANS
CHAPTER 48 - INDIAN TRUST ASSET REFORM
SUBCHAPTER III - IMPROVING EFFICIENCY AND STREAMLINING PROCESSES
Sec. 5633 - Under Secretary for Indian Affairs
Contains section 5633
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large Reference 130 Stat. 440
Public Law References Public Law 114-178
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