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 Secretary, 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.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1964–2023 · leading case:
Texas v. United States, 497 F.3d 491 (5th Cir. 2007).
Texas v. United States, 497 F.3d 491 (5th Cir. 2007).
· cites it 4× “The regulations challenged here, pertaining to the Secretarial Gaming Procedures, deserve Chevron deference because Congress explicitly authorized the Secretary to promulgate regulations to carry into effect any statute relating to Indian affairs or arising out of Indian…”
In Re Jonathon S., 28 Cal. Rptr. 3d 495 (Cal. Ct. App. 2005).
“§ 1912 (a); see also 25 U.S.C. §§ 1a, 1903(11).) To enforce this notice provision, the ICWA further provides: "Any Indian child who is the subject of any action for foster care placement or termination of parental rights under State law, any parent or Indian custodian from whose…”
Salt River Pima-Maricopa Indian Cmty. v. Rogers, 815 P.2d 900 (Ariz. 1991).
“However, the Secretary maintains direct control over the transaction and generally delegates a significant portion of the responsibility to the BIA pursuant to 25 U.S.C. § 1a. Under the Indian Self-Determination Act, and in accordance with the long-standing policy of Congress to…”
Bacher v. Patencio, 232 F. Supp. 939 (S.D. Cal. 1964).
“See 25 U.S.C. § 1a, providing for delegation of powers.”
Conroy v. Frizzell, 429 F. Supp. 918 (D.S.D. 1977).
“Under 25 U.S.C. § 1a, approval by the Agency Superintendent is tantamount to approval by the Secretary of the Interior.”
Shasta Cnty. Dep't of Soc. Servs. v. Gregory N., 2003 Cal. Daily Op. Serv. 6820 (Cal. Ct. App. 2003).
“(See 25 U.S.C. § 1a [delegation to the BIA of powers and duties of the Secretary of the Interior regarding laws governing Indian affairs].”
State of Texas v. USA (5th Cir. 2007).
· cites it 3× “47 The regulations challenged here, pertaining to the Secretarial Gaming Procedures, deserve Chevron deference because Congress explicitly authorized the Secretary to promulgate regulations to carry into effect any statute relating to Indian affairs or arising out of Indian…”
In Re A.C. ca2/3 (Cal. Ct. App. 2023).
“§ 1912 (a), italics added; see also 25 U.S.C. § 1a [Secretary of Interior authorized to delegate duties to Commissioner of Indian Affairs, and Commissioner is authorized to delegate to any assistant commissioner or officer of the Bureau of Indian Affairs].”
In Re S.J. ca2/1 (Cal. Ct. App. 2014).
“(a); see also 25 U.S.C. §§ 1a, 1903(11).)” (Jonathon S.”
In Re S.J. ca2/1 (Cal. Ct. App. 2014).
“(a); see also 25 U.S.C. §§ 1a, 1903(11).)” (Jonathon S.”
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