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Department of the Interior

Effective Date: 11/17/81

Series: Delegation

Part 209: Secretarial Officers

Chapter 8: Assistant Secretary - Indian Affairs

Originating Office: Office of the Assistant Secretary - Indian Affairs

8.1 Delegation. Subject to the limitations in 200 DM 1, the Assistant Secretary - Indian Affairs is authorized to exercise all of the authority of the Secretary including:

A. The authority to issue amendments of and additions to the material in the Code of Federal Regulations.

B. The authority delegated to the Secretary by Section 204(a) of Public Law 94-579 relating to the withdrawal of reservation of certain lands by the issuance of public land orders.

C. The administration of the oath of office or any oath required by law in connection with employment.

8.2 Authority to Redelegate.

A. Except where redelegation is prohibited by statute, Executive Order, or limitations established by other competent authority, the Assistant Secretary - Indian Affairs may redelegate general administrative authority and program authorities specifically related to the functions and responsibilities assigned to the Assistant Secretary - Indian Affairs in 109 DM 8. All redelegations of authority made by the Assistant Secretary - Indian Affairs will be in the form of a Departmental Manual release issued in strict compliance with the provisions of 200 DM 3. No other form of redelegation is authorized.

8.3 Authority of Deputy Assistant Secretaries.

A. In the absence of, or under conditions specified by, the Assistant Secretary - Indian Affairs, a Deputy Assistant Secretary - Indian Affairs may exercise the authority delegated in 209 DM 8.1, excluding 209 DM 8.1B.

B. Except as provided in 209 DM 8.3C, a Deputy Assistant Secretary - Indian Affairs may not redelegate authority conferred in 209 DM 8.3.

C. Except where redelegation in prohibited by statute, Executive Order, or limitations established by other competent authority and only when designated as the operational head of the Bureau of Indian Affairs, a Deputy Assistant Secretary - Indian Affairs may redelegate authority conferred in 209 DM 8.3A to officials within the Bureau of Indian Affairs. Redelegation made by such Deputy Assistant Secretary - Indian Affairs shall be issued in 10 BIAM and subsequently published in the Federal Register if necessary; no other form of redelegation is authorized. Provisions of 200 DM 3 which are inconsistent with this subparagraph shall not apply to redelegations made pursuant to this authority.

11/17/81 #2364

Replaces 12/2/77 #2046