Washington : Government Printing Office
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| Sec. 23 | 6794 |
| Sec. 52 | 6795 |
This amendment supersedes the original text of Order No. 2509 and Amendments 1 to 15, inclusive.
Order No. 2509, as amended, is revised to read as follows:
| Sec. | |
| 1. | Under Secretary, Assistant Secretaries, and Administrative Assistant Secretary. |
| 2. | Solicitor as Acting Assistant Secretary. |
| 11. | Authentication of documents. |
| 20. | Patents. |
| 21. | Tort claims. |
| 22. | Claims relating to irrigation works. |
| 23. | Appeals in land cases. |
| 24. | Contract appeals. |
| 25. | Appeals in Indian probate proceedings. |
| 26. | Escheat of Indian estates. |
| 27. | Remission of liquidated damages. |
| 28. | Acquisition of real estate by condemnation. |
| 50. | Contracts; Bureaus. |
| 51. | Contracts; Office of the Secretary. |
| 52. | Leases. |
| 53. | Contracts; Chairman, Field Committees. |
| 60. | Correspondence concerning condemnation proceedings. |
| 61. | Requests for title opinions. |
Under Secretary, Assistant Secretaries, and Administrative Assistant Secretary. (a) The Under Secretary, the Assistant Secretaries, and the Administrative Assistant Secretary may severally exercise all the authority of the Secretary of the Interior with respect to any matter, including any defense matter concerning electric power, fishery commodities, metals and minerals, or solid fuels, which comes before any of them, except:
(1) The signing of correspondence addressed to the President;
(2) The issuance of orders delegating the authority of the Secretary;
(3) The exercise of powers delegated by the President to the Secretary without any authorization for redelegation;
(4) The issuance of general regulations; and
(5) The making of appointments under section 710 of the Defense Production Act of 1950 (50 U.S.C. App., 1946 ed., Supp. IV, sec. 2160).
(b) Notwithstanding the limitation contained in subparagraph (2) of paragraph (a) of this section:
(1) The Under Secretary, an Assistant Secretary, or the Administrative Assistant Secretary may authorize officers or
employees of the Department to sign on behalf of the United States contracts the provisions of which have been approved by the Under Secretary, the Assistant Secretary, or the Administrative Assistant Secretary; and
(Z) The Administrative Assistant Secretary may, in writing, redelegate or authorize the redelegation of such portions of the authority of the Secretary with respect to matters in the field of administrative management, including matters relating to budget, finance, personnel (except appointments under section 710 of the Defense Production Act of 1950), management research, property management, and administrative services, as the Administrative Assistant Secretary may deem appropriate.
Solicitor as Acting Assistant Secretary. Whenever an Assistant Secretary of the Interior is absent or a vacancy exists in such a position and the Secretary of the Interior directs the Solicitor of the Department, in accordance with Executive Order No. 9794, to perform the duties of the absent Assistant Secretary or of the vacant position, the Solicitor may, with respect to any matters which come before him, exercise all the authority of the Secretary of the Interior.
Claims relating to irrigation works. (a) The Solicitor of the Department of the Interior may exercise all the authority of the Secretary of the Interior in determining 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 Area 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 an Area 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 land cases. 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 from decisions of the Director of the Bureau of Land Management (or his delegates), and from decisions of the Director of the Geological Survey (or his delegates), in proceedings which relate to lands or interests in lands.
Appeals in Indian probate proceedings. 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 in proceedings for the determination of heirs or the approval of wills of deceased Indians.
Escheat of Indian estates. 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 restricted or trust estates of Indians who have died intestate and without heirs.
Acquisition of real estate by condemnation. (a) The Solicitor of the Department of the Interior may exercise all the authority of the Secretary of the Interior under section 1 of the act of August 1, 1888, as amended (40 U.S.C., 1946 ed., Supp. IV, sec. 257), to acquire real estate for the United States by condemnation, under judicial process, whenever in the opinion of the Solicitor it is necessary or advantageous to the Government to do so, and the Solicitor is authorized to submit to the Attorney General of the United States applications for the institution of proceedings for condemnation.
(b) The Solicitor of the Department of the Interior may exercise the power of the Secretary of the Interior under section 1 of the act of February 26, 1931 (40 U.S.C., 1946 ed., sec. 258a), to sign declarations of taking.
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 form number 23, act as the authorized representative of the Secretary within the meaning of Articles 3 and 4 of that form, 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. 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 the authority granted in this section. Each such redelegation shall be published in the FEDERAL REGISTER.
(c) 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) 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, the Southeastern Power Administration, and the Southwestern Power Administration.
(h) This section has no application to the Bonneville Power Administrator, who may continue to exercise authority to contract in accordance with the act of August 20, 1937, as amended (16 U.S.C., 1946 ed., sec. 832 et seq.). Articles 3, 4, and 9, U.S. Standard Form No. 23.
Leases—(a) Continental United States. The head of a bureau may, within the continental limits of the United States and outside the District of Columbia, lease space in buildings (1) that is to be used wholly or predominantly for the special purposes of the bureau and will not be generally suitable for the use of other agencies, or (2) that is required for use incidental to and in conjunction with space that will be used for such special purposes, or (3) that is to be acquired under a lease involving no rental or a nominal consideration of $1 per annum. (See General Services Administration, Real Property Management Regulation No. 1, sec. 4 (a), December 21, 1950.)
(b) Territories and possessions. The head of a bureau may, in the territories and possessions of the United States, lease space in buildings either for the general purposes or for the special purposes of the bureau.
(c) Secretarial approval is not a condition precedent to the consummation of any lease authorized by this section 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.
(d) With respect to any such lease described in paragraphs (a) and (b) of this section, 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.
(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) The authority granted under this section shall be exercised in compliance with applicable regulations and statutory requirements and shall be subject to the availability of appropriations.
(g) A copy of U.S. Standard Form 81, Revised, "Request for Space", for each lease and each modification or renewal of a lease shall be transmitted to the Chief Clerk of the Department. Such action will be taken with respect to all leasing transactions, including those in which the General Services Administration does not require the filing of Standard Form 81, Revised (General Services Administration, Real Property Management Regulation No. 3, sec: 4b, June 21, 1951).
(h) As used in this section, the term "bureau" means The Alaska Railroad, the Alaska Road Commission, the Bonneville Power Administration, 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 Office of Territories, the Puerto Rico Reconstruction Administration, the Southeastern Power Administration, and the Southwestern Power Administration. (Sec. 3 (b), Reorganization Plan No. 18 of 1950 (15 F.R. 3177).)
Correspondence concerning 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, who may continue to exercise authority with respect to the institution of condemnation proceedings and the execution of declarations of taking in accordance with the Bonneville Project Act, as amended (16 U.S.C., 1946 ed., secs. 832a (c) and (d), 832k (b).)
Requests for 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., 1946 ed., sec. 255), without the submission of such requests to the Secretary for consideration or approval.
(Sec. 2, Reorganization Plan No. 3 of 1950, 15 F.R. 3174, except as otherwise noted.)
OSCAR L. CHAPMAN,
Secretary of the Interior.
