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other form of disposal under the public land laws shall continue for the period of time allowed by this subchapter. (Pub. L. 88-607, § 8, Sept. 19, 1964, 78 Stat. 988; Pub. L. 90-213, § 2, Dec. 18, 1967, 81 Stat. 660.)

AMENDMENTS

1967-Pub. L. 90-213 substituted provision for termination of authority six months after the final report of the Public Land Review Commission has been submitted to Congress for expiration date of June 30, 1969.

SUBCHAPTER VI. - SALE OF PUBLIC LAND CODIFICATION

Subchapter was not enacted as part of the Public Land Administration Act which comprises subchapters I-III of this chapter.

§ 1421. Determinations affecting disposal; size of tracts; valuation.

Pending the implementation of recommendations to be made by the Public Land Law Review Commission, in addition to any other authority that he may have, the Secretary of the Interior is authorized and directed to dispose of public lands that have been classified for disposal in accordance with a determination that (a) the lands are required for the orderly growth and development of a community or (b) the lands are chiefly valuable for residential, commercial, agricultural (exclusive of lands chiefly valuable for grazing and raising forage crops), industrial, or public uses or development. Such disposals shall be in tracts not exceeding five thousand one hundred and twenty acres each to qualified governmental agencies at the appraised fair market value thereof as determined by the Secretary of the Interior or to qualified individuals through competitive bidding at not less than the appraised fair market value as determined by the Secretary of the Interior. (Pub. L. 88-608, § 1, Sept. 19, 1964, 78 Stat. 988.)

CROSS REFERENCES

Public Land Law Review Commission, see subchapter IV of this chapter.

§1422. Notification to local zoning authority.

At least ninety days prior to offering lands for sale in accordance with this subchapter, the Secretary of the Interior shall notify the head of the governing body of the political subdivision of the State having jurisdiction over zoning in the geographic area within which the lands are located or, in the absence of such political subdivision, the Governor of the State, in order to afford the appropriate body with the opportunity of zoning for the use of the land in accordance with local planning and development. No sale shall be conducted under the authority of this subchapter until zoning regulations have been enacted by the appropriate local authority. (Pub. L. 88-608, § 2, Sept. 19, 1964, 78 Stat. 988.)

§1423. Notice of land offerings; publication.

At least thirty days before entering into an agreement with a governmental agency or of the opening of bids from individuals, notice of the offering of lands for sale in accordance with this subchapter shall be furnished by the Secretary of the Interior through a newspaper of general circulation in the area in which the lands are situated and by publica

tion of the notice in the Federal Register. (Pub. L. 88-608, § 3, Sept. 19, 1964, 78 Stat. 989.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1427 of this title. § 1424. Title reservations.

All patents or other evidences of title issued under this subchapter shall contain a reservation to the United States of all mineral deposits which shall thereupon be withdrawn from appropriation under the public land laws including the mining and mineral leasing laws. Patents and other evidences of title may contain such reservations and reasonable restrictions as are necessary in the public interest, but no restriction to insure proper development of the lands after they have passed from Federal ownership shall be imposed. (Pub. L. 88-608, § 4, Sept. 19, 1964, 78 Stat. 989.)

§ 1425. Definitions.

For the purposes of this subchapter the following terms have the following meanings

(a) "Public lands" means any public lands which are withdrawn by Executive Order Numbered 6910, dated November 26, 1934, as amended, or by Executive Order Numbered 6964, dated February 5, 1935, as amended, or pursuant to section 315 of this title. and not otherwise reserved, or which are vacant, unappropriated, and unreserved public lands in

Alaska.

(b) "Qualified governmental agency" means any of the following, including their lawful agents and instrumentalities: (A) the State, county, municipality, or other local government subdivision within which the land is located and (B) any municipality within convenient access to the lands if the lands are within the same State as the municipality.

(c) "Qualified individual" means (A) any individual who is a citizen or otherwise a national of the United States (or who has declared his intention to become a citzen) aged twenty-one years or more; (B) any partnership or association, each of the members of which is a qualified individual as defined in subparagraph (A) of this subsection; and (C) any corporation organized under the laws of the United States or of any State thereof, and authorized to hold title to real property in the State in which the land is located. (Pub. L. 88-608, §5, Sept. 19, 1964, 78 Stat. 989.)

§ 1426. Sales in Alaska.

Ninety per centum of the proceeds from lands sold in the State of Alaska pursuant to this subchapter shall be transferred to the State of Alaska in consideration for which the State shall surrender its right to select an equal acreage of land pursuant to section 6(b) of the Alaska Statehood Act. (Pub. L. 88-608, § 6, Sept. 19, 1964, 78 Stat. 989.)

REFERENCES IN TEXT

Section 6(b) of the Alaska Statehood Act, referred to in the text, is set out as a note preceding section 21 of Title 48. Territories and Insular Possessions.

§ 1427. Termination of authority; exceptions.

The authority granted by this subchapter shall expire six months after the final report of the Public Land Law Review Commission has been submitted to Congress, except that sales concerning which notice has been given in accordance with section 1423 of this title prior to such time may be consummated and patents issued in connection therewith after such time. (Pub. L. 88-608, § 7, Sept. 19, 1964, 78 Stat. 989; Pub. L. 90-213, § 3, Dec. 18, 1967, 81 Stat.

660.)

AMENDMENTS

1967-Pub. L. 90-213 substituted provision for termination of authority six months after the final report of the Public Land Review Commission has been submitted to Congress for expiration date of June 30, 1969.

SUBCHAPTER VII. - SALE OF PUBLIC LANDS SUBJECT TO UNINTENTIONAL TRESPASS

CODIFICATION

Subchapter was not enacted as part of the Public Land Administration Act which comprises subchapters I-III of this chapter.

§ 1431. Authority to sell at public auction; 120-acre limit on size of tract.

The Secretary of the Interior is authorized, on his own motion or on application of an owner of contiguous lands, and upon a finding that it is not needed for public purposes, to sell at public auction any tract of public domain not exceeding one hundred and twenty acres that has been or is now subject to unintentional trespass, as determined by the Secretary, and that contains some land which has been or can be put to cultivation but which is insufficient because of climatic, topographic, ecologic, soil, or other factors to justify a classification as proper for disposal under the homestead or desert land laws. Except as provided in section 1432 of this title the tract shall be sold to the highest bidder. Except as provided in section 1433 of this title, no tract shall be sold for less than its appraised fair market value. (Pub. L. 90-516, § 1, Sept. 26, 1968, 82 Stat. 870.)

§ 1432. Preference right of contiguous landowners.

For a period of thirty days from the day the high bid is received, any owner of contiguous lands shall have a preference right to buy the tract at such highest bid price. If two or more contiguous owners assert the preference right, the Secretary is authorized to make such division of the land among the applicants as he deems equitable. (Pub. L. 90-516, § 2, Sept. 26, 1968, 82 Stat. 870.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1431, 1433 of this title.

§ 1433. Continuing liability for unauthorized prior use.

If a person who has a preference right under section 1432 of this title is the purchaser of land sold pursuant to this subchapter he shall not be required to pay for any values he or his predecessors in interest have added to the land. However, nothing in this subchapter shall relieve any person from liability to the United States for unauthorized use of the land prior to conveyance of title by the United States. (Pub. L. 90-516, § 3, Sept. 26, 1968, 82 Stat. 870.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1431 of this title. § 1434. Acreage limitation.

No person may acquire from the Secretary more than one hundred and twenty acres of land under

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Act Mar. 3, 1849, ch. 108, § 1,9 Stat. 395.
TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1. 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out below.

COMPENSATION OF SECRETARY Compensation of Secretary, see section 5312 of Title 5, Government Organization and Employees.

Ex. ORD. No. 9432

Ex. Ord. 9432, Mar. 28, 1944, 9 F.R. 3411, which related to designation of Under Secretary and Assistant Secretaries of the Interior to act as Secretary of the Interior, was superseded by Ex. Ord. 9866, June 14, 1947, 12 F.R.

3909.

Ex. ORD. No. 9866

Ex. Ord. 9866, June 14, 1947, 12 F.R. 3909, which related to designation of officers to act as Secretary of the Interior, was superseded by Ex. Ord. 10156, Aug. 26, 1950, 15

F.R. 5789.

Ex. ORD. No. 10156

Ex. Ord. 10156, Aug. 26, 1950, 15 F.R. 5789, which related to designation of certain officers of the Department of the Interior to act as Secretary of the Interior, was superseded by Ex. Ord. 10753, Feb. 15, 1958, 23 F.R. 1107.

Ex. ORD. No. 10753. DESIGNATION OF OFFICERS TO ACT AS SECRETARY OF THE INTERIOR

Ex. Ord. No. 10753, Feb. 15, 1958, 23 F.R. 1107, provided: In case of the death, resignation, absence, or sickness of the Secretary of the Interior, the following-designated officers of the Department of the Interior shall, in the order of succession indicated, act as Secretary of the Interior until a successor is appointed or until the absence or sickness of the incumbent shall cease:

1. Under Secretary of the Interior.

2. Assistant Secretaries of the Interior and Assistant Secretary for Fish and Wildlife, in the order fixed by their length of service as such.

3. Solicitor of the Department of the Interior.

This order supersedes Executive Order No. 10156 of August 26, 1950, entitled "Designation of Certain Officers of the Department of the Interior to Act as Secretary of the Interior."

DWIGHT EISENHOWER

REORGANIZATION PLAN NO. 3 OF 1950

Eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, as amended July 5, 1952, ch. 369, ch. XI, § 1101, 66 Stat. 121.

DEPARTMENT OF THE INTERIOR

§1. TRANSFER OF FUNCTIONS TO THE SECRETARY

(a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of the Interior all functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department.

(b) This section shall not apply to the functions vested by the Administrative Procedure Act (60 Stat. 237) [now covered by sections 551 et seq. and 701 et seq. of Title 5, Government Organization and Employees) in hearing examiners employed by the Department of the Interior, nor to the functions of the Virgin Islands Corporation or of its Board of Directors or officers.

§2. PERFORMANCE OF FUNCTIONS OF SECRETARY The Secretary of the Interior may from time to time make such provisions as he shall deem appropriate authorizing the performance by an other officer, or by any agency or employee, of the Department of the Interior of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.

§3. ASSISTANT SECRETARY OF THE INTERIOR

There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall perform such duties as the Secretary of the Interior shall prescribe, and who shall receive compensation at the rate prescribed by law for Assistant Secretaries of executive departments.

§4. ADMINISTRATIVE ASSISTANT SECRETARY

There shall be in the Department of the Interior an Administrative Assistant Secretary of the Interior, who shall be appointed, with the approval of the President, by the Secretary of the Interior under the classified civil service, who shall perform such duties as the Secretary of the Interior shall prescribe, and who shall receive compensation at the rate of $14,800 per annum.

§5. INCIDENTAL TRANSFERS

The Secretary of the Interior may from time to time effect such transfers within the Department of the Interior of any of the records, property, personnel, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of such Department as he may deem necessary in order to carry out the provisions of this reorganization plan.

ORDER OF SUCCESSION

For order of succession in event of vacancy in office of Secretary, or during his absence or disability, see Ex. Ord.

No. 11487, Oct. 6, 1969, 34 F.R. 15593, set out as a note under section 3347 of Title 5, Government Organization and Employees.

§ 1452. Under Secretary of Interior; appointment.

The position of Under Secretary is established in the Department of the Interior with appointment thereto by the President, by and with the advice and consent of the Senate. (May 9, 1935, ch. 101, § 1, 49 Stat. 177.)

CODIFICATION

Provisions of this section which prescribed the annual rate of basic compensation of the Under Secretary were omitted to conform to the provisions of the Federal Executive Salary Schedule. See section 5314 of Title 5, Government Organization and Employees.

REPEALS

Act Oct. 15, 1949, ch. 695, § 3, 63 Stat. 880, formerly set out in the credit to this section, was repealed by Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 655.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 1451 of this title.

§ 1453. Assistant Secretaries of Interior.

There shall be in the Department of the Interior two Assistant Secretaries of the Interior who shall be without numerical distinction of rank and who shall be appointed by the President, by and with the advice and consent of the Senate. (R.S. § 438; Mar. 3, 1885, ch. 360, 23 Stat. 497; Mar. 3, 1917, ch. 163, § 1, 39 Stat. 1102; Feb. 29, 1944, ch. 72, 58 Stat. 107.)

DERIVATION

Act Mar. 14, 1862, ch. 41, § 6, 12 Stat. 369; act Mar 8, 1873, ch. 226, § 1, 17 Stat. 486.

AMENDMENTS

1944-Act Feb. 29, 1944, provided that the Assistant Secretaries shall be without numerical distinction of rank.

ADMINISTRATIVE ASSISTANT SECRETARY

An Administrative Assistant Secretary of the Interior, to be appointed, with the approval of the President, by the Secretary of the Interior under the classified civil service, to perform such duties as the Secretary of the Interior shall prescribe, and to receive compensation at the rate of $14,800 per annum, was provided for by 1950 Reorg. Plan No. 3, § 4, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 1451 of this title.

ADDITIONAL ASSISTANT SECRETARY

An additional Assistant Secretary of the Interior, to be appointed by the President, by and with the advice and consent of the Senate, to perform such duties as the Secretary of the Interior shall prescribe, and to receive compensation at the rate prescribed by law for Assistant Secretaries of executive departments, was provided for by 1950 Reorg. Plan No. 3, § 3, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 1451 of this title.

TEMPORARY ADDITIONAL ASSISTANT SECRETARY

The office of a temporary additional Assistant Secretary of the Interior, which was provided for by act Feb. 29, 1944, ch. 72, 58 Stat. 107, ceased to exist by the terms of such act at the expiration of six months following the cessation of hostilities in World War II, which was proclaimed by the President at 12 o'clock noon of December 31, 1946, in Proc. No. 2714, 12 F.R. 1, set out as note under section 601 of Appendix to Title 50, War and National Defense.

TRANSFER OF FUNCTIONS

DIVISION OF ADMINISTRATIVE SERVICES

Interior Department Order No. 2546, dated Dec. 7, 1949 and amended Jan. 20, 1950, set up the Office of Administrative Management with an executive officer in charge, and the Chief Clerk of the Department was placed in charge of a Division of Administrative Services under that office. A further amendment to Department Order No. 2546, dated Aug. 15, 1950, placed the Division of Administrative Services, with the Chief Clerk in charge, under the Administrative Assistant Secretary of the Interior Department.

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 1451 of this title.

§ 1454. Duties of Assistant Secretary and Assistant to the Secretary.

The Assistant Secretary of the Interior shall perform such duties in the Department of the Interior as shall be prescribed by the Secretary, or may be required by law. The assistant to the Secretary of the Interior is authorized to sign such official papers and documents as the Secretary may direct. (R.S. § 493; Mar. 28, 1918, ch. 29, 40 Stat. 499.)

DERIVATION

Act Mar. 14, 1862, ch. 41, § 6, 12 Stat. 369.
TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 1451 of this title.

§ 1455. Solicitor; appointment; duties.

The legal work of the Department of the Interior shall be performed under the supervision and direction of the Solicitor of the Department of the Interior, who shall be appointed by the President with the advice and consent of the Senate. (June 26, 1946, ch. 494, 60 Stat. 312.)

CODIFICATION

Provisions of this section which prescribed the compensation of the Solicitor were omitted to conform to the provisions of the Federal Executive Salary Schedule. See section 5311 et seq. of Title 5, Government Organization and Employees.

§ 1456. Chief clerk.

The chief clerk of the Department of the Interior shall be the chief executive officer of the department and may be designated by the Secretary to sign official papers and documents, including the authorization of expenditures from the contingent and other appropriations for the department, its bureaus and offices, section 675 of Title 31 to the contrary notwithstanding. (May 24, 1922, ch. 199, 42 Stat. 552; Jan. 24, 1923, ch. 42, 42 Stat. 1174; June 5, 1924, ch. 264, 43 Stat. 391; Mar. 3, 1925, ch. 462, 43 Stat. 1142; July 3, 1926, ch. 771, § 1, 44 Stat. 854.)

REFERENCES IN TEXT

Section 675 of Title 31, referred to in the text, was repealed by act Sept. 12, 1950, ch. 946, title III, § 301 (76), 64 Stat. 843.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 1451 of this title.

§ 1457. Duties of Secretary.

The Secretary of the Interior is charged with the supervision of public business relating to the following subjects and agencies:

1. Alaska Railroad.

2. Alaska Road Commission.

3. Bounty-lands.

4. Bureau of Land Management.

5. Bureau of Mines.

6. Bureau of Reclamation.

7. Division of Territories and Island Possessions.

8. Fish and Wildlife Service.

9. Geological Survey.

10. Indians.

11. National Park Service.

12. Petroleum conservation.

13. Public lands, including mines.

(R.S. § 441; Mar 3, 1879, ch. 182, 20 Stat. 394; Jan. 12, 1895, ch. 23, 28 Stat. 601; June 17, 1902, ch. 1093, 32 Stat. 388; Feb. 14, 1903, ch. 552, § 4, 32 Stat. 826; Mar. 4, 1911, ch. 285, § 1, 36, Stat. 1422; July 1, 1916, ch. 209, § 1, 39 Stat. 309; Aug. 25, 1916, ch. 408, 39 Stat. 535; Ex. Ord. No. 3861, June 8, 1923; Ex. Ord. No. 4175, Mar. 17, 1925; Ex. Ord. No. 5398, July 21, 1930; June 30, 1932, ch. 320, § 1, 47, Stat. 446; Ex. Ord. No. 6611, Feb. 22, 1934; Ex. Ord. No. 6726, May 29, 1934; June 28, 1934, ch. 865, 48 Stat. 1269; 1939 Reorg. Plan No. I, § 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1939 Reorg. Plan No. II, § 4(e) (f), eff. July 1, 1939, 4 F.R. 2731, 52 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108 54 Stat. 1232; 1940 Reorg. Plan No. IV, § 11, eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1236; 1946 Reorg. Plan No. 3, § 403(a), eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; June 17, 1957, Pub. L. 85-56, title XXII, § 2201(1), 71 Stat. 157.)

DERIVATION

Act Mar. 3, 1849, ch. 108, §§3,5-9,9 Stat. 395; act Feb. 5, 1859, ch. 22, § 1, 11 Stat. 379; act July 20, 1868, ch. 176, § 1, 15 Stat. 92, 106; act July 8, 1870, ch. 230, § 1, 16 Stat.

198.

AMENDMENTS

1957-Pub. L. 85-56 substituted "Bounty-lands" for "Pensions and bounty-lands" in par. 3.

EFFECTIVE DATE OF 1957 AMENDMENT

Amendment of section by Pub. L. 85-56 effective Jan. 1, 1958, see section 2301 of Pub. L. 85-56.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers. agencies, and employees, by 1950 Reorg. Plan No. 3 §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 1451 of this title.

The functions of the General Land Office and of the Grazing Service were consolidated into a new agency known as the Bureau of Land Management by 1946 Reorg. Plan No. 3, § 403(a), eff. July 16, 1946. Said Reorg. Plan is set out in the Appendix to Title 5, Government Organization and Employees.

The following subjects of which the Secretary of the Interior was charged with supervision by R. S. § 441, were transferred in the manner indicated.

Census was transferred to the Department of Commerce and Labor by act Feb. 14, 1903, ch. 552, § 4, 32 Stat. 826.

Pensions-was transferred to the Veterans' Administration by Ex. Ord. No. 5398 of July 21, 1930, pursuant to act July 3, 1930, ch. 863, § 1, 46 Stat. 1016.

Patents-was transferred to the Department of Commerce by Ex. Ord. of Mar. 17, 1925, pursuant to act Feb. 14, 1903, ch. 552 § 12, 32 Stat. 830. (See section 602 of this title.)

Publications, custody and distribution-was transferred to the Public Printer and the superintendent of documents by act Jan. 12, 1895, ch. 23, 28 Stat. 601. (See Title 44, Public Printing and Documents.)

Education-was transferred to the Federal Security Agency by 1939 Reorg. Plan No. I, § 201, 4 F.R. 2728, 53 Stat. 1424. (Reorg. Plan No. I is set out in the Appendix to Title 5.) The Federal Security Agency was abolished by section 8 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, and its functions were transferred to the Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1.

Government Hospital for the Insane was designated St. Elizabeths Hospital by act July 1, 1916, ch. 209, § 1, 39 Stat. 309. It was transferred to the Federal Security Agency by 1940 Reorg. Plan. No. IV, § 11, 5 F.R. 2422, 54 Stat. 1236. (Reorg. Plan No. IV is set out in the Appendix to Title 5.) The Federal Security Agency was abolished by section 8 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, and its functions were transferred to the Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1.

Columbia Asylum for the Deaf and Dumb-became the "Columbia Institution for the Deaf" by act Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1422. It was transferred to the Federal Security Agency by 1940 Reorg. Plan No. IV, § 11, 5 F.R. 2422, 54 Stat. 1236. The Federal Security Agency was abolished by section 8 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, and its functions were transferred to the Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1.

The following subjects and agencies were placed under the supervision of the Secretary of the Interior by acts and executive orders cited thereto:

Alaska Railroad-Ex. Ord. of June 8, 1923, pursuant to act Mar. 12, 1914, ch. 37, 38 Stat. 305.

Alaska Road Commission-Act June 30, 1932, ch. 320, §1, 47 Stat. 446.

Bureau of Mines-Transferred to Department of Commerce by Ex. Ord. No. 4239, of June 4, 1925; retransferred to Department of the Interior by Ex. Ord. No. 6611 of February 22, 1934.

Bureau of Reclamation-Act June 17, 1902, ch. 1093, 32 Stat. 388.

Division of Territories and Island Possessions-Ex. Ord. No. 6726, of May 29, 1934.

Fish and Wildlife Service-1939 Reorg. Plan No. II, § 4 (e) (f), 4 F. R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, §3, 5 F. R. 2108, 54 Stat. 1232. (Reorganization Plans are set out in the Appendix to Title 5.)

Geological Survey-Act Mar. 3, 1879, ch. 182, 20 Stat.

394.

Grazing-Act June 28, 1934, ch. 865, 48 Stat. 1269. National Park Service-Act Aug. 25, 1916, ch. 408, 39 Stat. 535.

Office of Consumers' Counsel of National Bituminous Coal Commission-Abolished and functions transferred to office of Solicitor of Department of Interior, by 1939 Reorg. Plan No. II, § 4 (c), eff. July 1, 1939, set out in ne Appendix to Title 5. Its functions, records, property, and personnel were subsequently transferred from the said Solicitor to the Bituminous Coal Consumers' Counsel.

Petroleum conservation-Section 3 of Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, superseded Ex. Ord. No.

6979, Feb. 28, 1935, Ex. Ord. No. 7756, Dec. 1, 1937, 2 F.R. 2664, and Ex. Ord. No. 9732, June 3, 1946, 11 F.R. 5985, formerly classified as notes to this section.

STUDY OF HEALTH AND SAFETY CONDITIONS IN METAL AND NONMETALLIC MINES

Pub. L. 87-300, Sept. 26, 1961, 75 Stat. 649, provided: "That the Secretary of the Interior is hereby authorized and directed to make or cause to be made a study covering

"(1) the causes of injuries and health hazards in metal and nonmetallic mines (excluding coal and lignite mines);

"(2) the relative effectiveness of voluntary versus mandatory reporting of acident statistics;

"(3) the relative contribution to safety of inspection programs embodying

"(A) right-of-entry only and

"(B) right-of-entry plus enforcement authority;

"(4) the effectiveness of health and safety education and training;

"(5) the magnitude of effort and costs of each of these possible phases of an effective safety program for metal and nonmetallic mines (excluding coal and lignite mines); and

"(6) the scope and adequacy of State mine-safety laws applicable to such mines and the enforcement of such laws.

"SEC. 2. (a) The Secretary of the Interior or any duly authorized representative shall be entitled to admission to, and to require reports from the operator of, any metal or nonmetallic mine which is in a State (excluding any coal or lignite mine), the products of which regularly enter commerce or the operations of which substantially affect commerce, for the purpose of gathering data and information necessary for the study authorized in the first section of this Act.

"(b) As used in this section

"(1) the term 'State' includes the Commonwealth of Puerto Rico and any possession of the Unted States; and "(2) the term 'commerce' means commerce between any State and any place outside thereof, or between points within the same State but through any place outside thereof.

"SEC. 3. The Secretary of the Interior shall submit a report of his findings, together with recommendations for an effective safety program for metal and nonmetallic mines (excluding coal and lignite mines) based upon such findings, to the Congress not more than two years after the date of enactment of this Act (Sept. 26, 1961]."

SURVEYS, INVESTIGATIONS AND RESEARCH; APPROPRIATIONS

Pub. L. 85-743, Aug. 23, 1958, 72 Stat. 837, provided: "That the authority vested in the Secretary of the Interior, to perform surveys, investigations, and research in geology, biology, minerals and water resources, and mapping is hereby extended to include Antarctica and the Trust Territory of the Pacific Islands.

"SEC. 2. The Secretary of the Interior is authorized to compile maps of Antarctica from materials already available and from such additional material as may result from the several expeditions in support of the International Geophysical Year.

"SEC. 3. Nothing in this Act shall be construed to authorize the absorption or modification of, or change in any way, the responsibility of any other department or agency of the United States, including the performance of surveys, mapping, and compilation of maps.

"SEC. 4. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act."

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the Secretary of the Interior, see Parts 1, 7, and 30 of Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, set out as a note under section 2292 of Title 50, Appendix, War and National Defense.

EXECUTIVE ORDER No. 9633

Ex. Ord. 9633, Sept. 28, 1945, 10 F.R. 12305, which reserved and placed certain resources of the Continental

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