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Under Secretary and Assistant Secretaries. The Under Secretary and the Assistant Secretaries may severally exercise all the authority of the Secretary of the Interior with respect to any matters which come before them, (5 U.S.C., 22, 481a, 482, 483)
Acting Assistant Secretary. Whenever an Assistant Secretary of the Interior is absent or a vacancy exists in such a position, the Solicitor of the Department is directed, in accordance with Executive Order No. 9794, dated October 26, 1946 (11 F.R. 12697) to perform the duties of the absent Assistant Secretary or of the vacant position. While performing such duties, the Solicitor may exercise all the authority of the Secretary of the Interior with respect to any matters which come before him. (5 U.S.C., 22, 483a; E. O. 9794)
Claims relating to irrigation works. (a) The Solicitor of the Department of the Interior is authorized to determine whether claims for damages arising out of the survey, construction, operation, or maintenance of irrigation works on Indian irrigation projects shall be allowed in whole or in part or shall be disallowed.
(b) Subject to the direction and supervision of the Solicitor, the Regional Counsels of the Bureau of Indian Affairs are severally authorized to determine whether claims not exceeding $1,000 for damages arising out of the survey, construction, operation, or maintenance of irrigation works on Indian irrigation projects shall be allowed in whole or in part or shall be disallowed.
(c) Any award which may be made by the Solicitor pursuant to paragraph (a) of this section or by a Regional Counsel pursuant to paragraph (b) of this section and which is accepted by the claimant in full satisfaction of his claim shall be paid out
of funds available for the Indian irrigation project involved in the claim.
Appeals in public land cases. The Solicitor of the Department of the Interior is authorized to exercise all the authority of the Secretary of the Interior with respect to the disposition of appeals to the Secretary from decisions of the Director of the Bureau of Land Management. (5 U.S.C., 22)
Appeals from Examiners of Inheritance. The Solicitor of the Department of the Interior may exercise all the authority of the Secretary of the Interior with respect to the disposition of appeals to the Secretary under 25 CFR, 1947 Supp., 81.19, from decisions of Examiners of Inheritance of the Bureau of Indian Affairs. (5 U.S.C., 22)
Escheat. The Solicitor of the Department of the Interior may exercise all the authority of the Secretary of the Interior with respect to the disposition of the estates of Indian decedents which are transmitted to the Secretary for decision under 25 CFR, 1947 Supp., 81.21. (5 U.S.C., 22)
Contracts; Bureaus. (a) Irrespective of the amount involved, the head of a bureau may enter into contracts for construction, supplies, or services in conformity with applicable regulations and statutory requirements and subject to the availability of appropriations. Secretarial approval is not a condition precedent to the consummation of such a contract unless the Secretary by a written order published in the FEDERAL REGISTER specifically prescribes such a requirement with respect to a particular contract or type of contract, or unless Secretarial approval is specifically required by statute. However, the head of a bureau may request Secretarial approval of any proposed contract.
(b) With respect to any such contract, including a contract approved by the Secretary, the head of a bureau may issue change orders and extra work orders pursuant to the contract, enter into modifications of the contract which are legally permissible, and terminate the contract if such action is legally authorized.
(c) Except in those cases in which he is the contracting officer, the head of a bureau may, with respect to contracts entered into on United States standard forms, act as the authorized representative of the Secretary within the meaning of Articles 3 and 4 of Form No. 23 and Article 2 of Form No. 32, and, for the purpose of extending the time within which a contractor may notify a contracting officer of the causes of delay, Article 9 of Form No. 23, Article 5 of Form No. 32, and Condition 4 of Form No. 33. This paragraph shall not affect the authority to deviate from the standard form contracts granted to the Bureau of Reclamation by the Chairman of the Interdepartmental Board of Contracts and Adjustments, with the approval of the Director of the Bureau of the Budget, in the memorandum dated November 26, 1927.
(d) The head of a bureau may redelegate to subordinate officials and employees of the Bureau, or to the Purchasing Officer of the Department, the authority granted in this section. Each such redelegation shall be published in the FEDERAL REGISTER.
(e) This section is not intended to affect any requirement that proposed programs be cleared with the Office of the Secretary prior to their inauguration.
(f) The head of a bureau shall make such reports concerning the exercise of the authority granted by this section as the Secretary may require. The bureaus will be guided by such procedures as the Secretary may from time to time prescribe.
(g) Delegations of authority to contract which have been made by the Secretary to subordinate officials or employees of the bureaus, and redelegations of authority to contract which have been made by the heads of bureaus to subordinate officials or employees or to the Purchasing Officer of the Department and which are in force on the effective date of this section, shall remain in force until revoked or superseded by redelegations made by the heads of bureaus under this section.
(h) As used in this section, the term "bureau" means The Alaska Railroad, the Alaska Road Commission, the Bureau of Indian Affairs, the Bureau of Land Management, the Bureau of Mines, the Bureau of Reclamation, the Fish and Wildlife Service, the Geological Survey, the National Park Service, the Puerto Rico Reconstruction Administration, and the Southwestern Power Administration.
(i) This section has no application to the Bonneville Power Administrator, whose authority to contract is derived from the act of August 20, 1937, as amended (16 U.S.C., 832 et seq.) (5 U.S.C., 22; Articles 3, 4, and 9, U.S. Standard Form No. 23, Articles 2 and 5, U.S. Standard Form No. 32, Condition 4, U.S. Standard Form No. 33.)
Leases. (a) The head of a bureau may lease space in real estate outside the District of Columbia, in conformity with applicable regulations and statutory requirements and subject to the availability of appropriations. Secretarial approval is not a condition precedent to the consummation of a lease agreement unless the Secretary, by written order published in the FEDERAL REGISTER, prescribes such a requirement with respect to a particular lease or type of lease, or unless Secretarial approval is specifically required by statute. However, the head of a bureau may request Secretarial approval of any proposed lease.
(b) With respect to any such lease, including a lease approved by the Secretary, the head of a bureau may modify or renew the lease if such action is legally permissible, and may terminate the lease if such action is legally authorized.
(c) Proposed leases, renewals, and modifications which would increase the area or rental involved should be cleared either with a division field office or with the Washington office of the Public Buildings Administration unless (1) the lease, modi-
fication, or renewal involves the acquisition of office space for a period of less than 6 months at a rental that is lower than $500 per annum, or (2) the lease involves the acquisition of space other than office space at an annual rental of less than $500, or (3) the lease involves space in real estate located outside the borders of the United State.
(d) The termination or lapse of a lease which has been cleared by the Public Buildings Administration should be reported to a division field office or the Washington office of that agency.
(e) The head of a bureau may redelegate to subordinate officials and employees of the bureau the authority granted in this section. Each such redelegation shall be published in the FEDERAL REGISTER.
(f) A copy of U.S. Standard Form 81, "Request for Clearance of Lease," or of Form REM 6, "Request for Clearance of Space," or of P-SC Form No. 6, "Request for Approval of Lease," for each lease and each modification or renewal of a lease shall be transmitted to the Chief Clerk of the Department. If the lease, modification, or renewal has been cleared with a division field office or the Washington office of the Public Buildings Administration, that fact shall be indicated on the copy sent to the Chief Clerk.
(g) As used in this section, the term "bureau" means The Alaska Railroad, the Alaska Road Commission, the Bureau of Indian Affairs, the Bureau of Land Management, the Bureau of Mines, the Bureau of Reclamation, the Fish and Wildlife Service, the Geological Survey, the National Park Service, the Puerto Rico Reconstruction Administration, and the Southwestern Power Administration. This section has no application to the Bonneville Power Administrator, whose authority concerning leases is derived from the act of August 20, 1937, as amended (16 U.S.C., 832 et seq.). (5 U.S.C., 22)
Condemnation proceedings. The head of any bureau of this Department may approve and sign correspondence concerning pleadings, awards, or judgments in condemnation proceedings, and any other routine, incidental, or related correspondence regarding the conduct of such proceedings, without the submission of such matters for Secretarial consideration, except that requests for condemnation proceedings and declarations of taking shall be submitted to the Secretary for consideration and approval. This section shall not be construed as a limitation upon the authority of the Bonneville Power Administrator with respect to the institution of condemnation proceedings and the execution of declarations of taking under section 12 of the Bonneville Project Act, as amended (16 U.S.C., 832). (5 U.S.C., 22)
Title opinions. The head of any bureau of this Department may request the Attorney General to render opinions concerning the validity of title pursuant to section 355, Revised Statutes (40 U.S.C., 255), without the submission of such requests to the Secretary for consideration or approval. (5 U.S.C., 22)
Revocations; staving clause. This order supersedes Subpart A—General, of Part 4, Title 43, Code of Federal Regulations, as amended. Subdelegations of authority which have been made pursuant to 43 CFR, Part 4, Subpart A, and which are in force on the effective date of this order shall remain in force until revoked or superseded by subdelegations made pursuant to this order.
J. A. KRUG,
Secretary of the Interior.
