Establishment
§ 1451
There shall be at the seat of government an executive department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof.
PUBLIC LANDS CHAPTER 31-DEPARTMENT OF THE INTERIOR
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.
Deputy Secretary of the Interior; appointment
§ 1452
The position of Deputy 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.
Assistant Secretaries of the Interior
§ 1453
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.
Additional Assistant Secretary of the Interior; appointment; duties; compensation
§ 1453a
There shall be hereafter in the Department of the Interior, in addition to the Assistant Secretaries now provided by law, an 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 be responsible for such duties as the Secretary of the Interior shall prescribe, and shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of the Interior.
Duties of Assistant Secretary and assistant to Secretary
§ 1454
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.
Solicitor; appointment; duties
§ 1455
On and after June 26, 1946 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.
Chief clerk
§ 1456
The chief clerk of the Department of the Interior on and after July 3, 1926, 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 3683 1 of the Revised Statutes to the contrary notwithstanding.
Duties of Secretary
§ 1457
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. United States Bureau of Mines. 6. Bureau of Reclamation. 7. Division of Territories and Island Possessions. 8. Fish and Wildlife Service. 9. United States Geological Survey. 10. Indians. 11. National Park Service. 12. Petroleum conservation. 13. Public lands, including mines.
Authorization of appropriations for particular programs
§ 1457a
(a) Maximum amounts for specified years Notwithstanding any other provision of law, there shall not be appropriated to the Secretary of the Interior for Department of the Interior programs as defined in subsection (e) in excess of $4,095,404,000 for the fiscal year ending on September 30, 1981; in excess of $3,970,267,000 for the fiscal year ending on September 30, 1982; $4,680,223,000 for the fiscal year ending on September 30, 1983; and $4,797,281,000 for the fiscal year ending on September 30, 1984. (b) Ceilings on certain appropriations It is the sense of the Congress that the appropriation targets for such fiscal years should be: not less than $275,000,000 to be appropriated annually pursuant to the provisions of chapter 2003 of title 54; not less than $30,000,000 to be appropriated annually pursuant to the provisions of division A of subtitle III of title 54; not less than $10,000,000 to be appropriated annually pursuant to the provisions of chapter 2005 of title 54; not less than $105,000,000 to be appropriated annually to be used for the restoration and rehabilitation of units of the National Park System, as authorized by law; not less than $239,000,000 to be appropriated annually for the Office of Territorial and International Affairs (including amounts for the Trust Territory of the Pacific Islands); not less than $6,200,000 to be appropriated annually to carry out the provisions of title III of the Surface Mining Control and Reclamation Act of 1977 (91 Stat. 445); 1 and not less than $100,000,000 to be appropriated annually pursuant to chapter 69 of title 31 including not less than $5,000,000 an nually to carry out the purposes of section 6904 of title 31. (c) Additional limitations Notwithstanding the limitation otherwise imposed by subsection (a) of this section— (1) the authorization for obligation and appropriations for the Department of the Interior may exceed the amount specified in subsection (a) by such amount as permanent and annual indefinite appropriations exceed the estimates for such appropriations as contained in "The Budget of the United States Government, Fiscal Year 1982," as revised by the March 1981, publication of the Office of Management and Budget entitled "Fiscal Year 1982 Budget Revisions", when receipts available to be appropriated equal or exceed such appropriations, and (2) the authorization for obligation and appropriations for the Department of the Interior may exceed the amount specified in subsection (a) by such amounts as may be required for emergency firefighting and for increased pay costs authorized by law. (d) Omitted (e) Applicable programs For the purposes of this section, the term "Department of the Interior programs" means— (1) Alaska Native Fund amounts included in Bureau of Indian Affairs programs funded from Miscellaneous Trust Funds and Miscellaneous Permanent Appropriations accounts; (2) Bureau of Land Management programs; (3) United States Bureau of Mines programs; (4) National Park Service programs other than the John F. Kennedy Center for the Performing Arts (including those programs formerly administered by the Heritage Conservation and Recreation Service as of October 1, 1980); (5) Offices of the Solicitor and the Secretary; (6) Office of Surface Mining Reclamation and Enforcement programs; (7) Office of Territorial Affairs programs; (8) United States Geological Survey programs; and (9) Bureau of Reclamation (including those programs formerly administered by the Water and Power Resources Service).
Use of cooperative agreements
§ 1457b
For fiscal year 2010, and each fiscal year thereafter, the Secretary of the Interior may enter into cooperative agreements with a State or political subdivision (including any agency thereof), or any not-for-profit organization if the agreement will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Department of the Interior; and (2) all parties will contribute resources to the accomplishment of these objectives. At the discretion of the Secretary, such agreements shall not be subject to a competitive process.
Power of Secretary or designated officer
§ 1457c
The Secretary of the Interior, or such officer as he may designate, is authorized to enforce and carry into execution, by appropriate regulations, every part of the provisions of title 32 of the Revised Statutes not otherwise specially provided for.
Secretary to exercise certain powers over Territories
§ 1458
The Secretary of the Interior shall exercise all the powers and perform all the duties in relation to the Territories of the United States that were, prior to March 1, 1873, by law or by custom exercised and performed by the Secretary of State.
Expenditures of department
§ 1459
The Secretary of the Interior shall sign all requisitions for the advance or payment of money, out of the Treasury, upon estimates or accounts for expenditures upon business assigned by law to his department; subject, however, to adjustment and control by the Government Accountability Office.
Copies of records, documents, etc.; charges; disposition of receipts
§ 1460
The Secretary of the Interior, or any of the officers of that Department may, when not prejudicial to the interests of the Government, furnish authenticated or unauthenticated copies of any official books, records, papers, documents, maps, plats, or diagrams within his custody and may charge therefore a sum equal to the cost of production thereof, plus the cost of administrative services involved in handling the records for such purpose, as these costs may be determined by the Secretary of the Interior or such subordinate officials or employees as he may designate, and in addition the sum of 25 cents for each certificate of verification and the seal attached to authenticated copies. There shall be no charge for the making or verification of copies required for official use by the officers of any branch of the Government. Only a charge of 25 cents shall be made for furnishing authenticated copies of any rules, regulations, or instructions printed by the government for gratuitous distribution. The money received for copies under this section shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of furnishing copies as herein authorized.
Rules and regulations governing inspection and copying
§ 1461
Nothing in sections 1460 to 1463 of this title shall be construed to limit or restrict in any manner the authority of the Secretary of the Interior to prescribe such rules and regulations as he may deem proper governing the inspection of the records of said department and its various bureaus by the general public, and any person having any particular interest in any of such records may be permitted to take copies of such records under such rules and regulations as may be prescribed by the Secretary of the Interior.
Attestation of copies by official seal
§ 1462
All officers who furnish authenticated copies under section 1460 of this title shall attest their authentication by the use of an official seal, which is authorized for that purpose.
Disposition of receipts
§ 1463
All sums received under the provisions of section 1460 of this title shall be deposited in the Treasury to the credit of miscellaneous receipts.
Agents or attorneys representing claimants before department
§ 1464
The Secretary of the Interior may prescribe rules and regulations governing the recognition of agents, attorneys, or other persons representing claimants before his department, and may require of such persons, agents, and attorneys, before being recognized as representatives of claimants, that they shall show that they are of good moral character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their claims and such Secretary may, after notice and opportunity for a hearing, suspend or exclude from further practice before his department any such person, agent, or attorney shown to be incompetent, disreputable, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud in any manner, deceive, mislead, or threaten any claimant, or prospective claimant, by word, circular, letter, or by advertisement.
Annual reports of department and its bureaus
§ 1465
The annual reports of the department and of all its bureaus and establishments, including the Bureau of Reclamation, shall not exceed a total of one thousand two hundred and fifty pages.
Administration of oaths, affirmations, etc., by employees of Division of Investigations; force and effect
§ 1466
Special agents and such other employees of the Division of Investigations, Department of the Interior of the United States, as are designated by the Secretary of the Interior for that purpose, are authorized and empowered to administer to or take from any person an oath, affirmation, affidavit, or deposition whenever necessary in the performance of their official duties. Any such oath, affirmation, affidavit, or deposition administered or taken by or before a special agent or such other employee of the Division of Investigations, Department of the Interior, designated by the Secretary of the Interior, when certified under his hand, shall have like force and effect as if administered or taken before an officer having a seal.
Working capital fund; establishment; uses; reimbursement
§ 1467
There is established a working capital fund of $300,000, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of (1) a central reproduction service; (2) communication services; (3) a central supply service for stationery, supplies, equipment, blank forms, and miscellaneous materials, for which adequate stocks may be maintained to meet in whole or in part requirements of the bureaus and offices of the Department in the city of Washington and elsewhere; (4) a central library service; (5) health services; and (6) such other similar service functions as the Secretary determines may be performed more advantageously on a reimbursable basis. Said fund shall be reimbursed from available funds of bureaus, offices, and agencies for which services are performed at rates which will return in full all expenses of operation, including reserves for accrued annual leave and depreciation of equipment.
Working capital fund; credit card refunds or rebates
§ 1467a
Refunds or rebates received on an on-going basis from a credit card services provider under the Department of the Interior's charge card programs, on and after October 11, 2000, may be deposited to and retained without fiscal year limitation in the Departmental Working Capital Fund established under 43 U.S.C. 1467 and used to fund management initiatives of general benefit to the Department of the Interior's bureaus and offices as determined by the Secretary or his designee.
Working capital fund; availability for uniforms or allowances therefor
§ 1468
The working capital fund, established by section 1467 of this title, shall on and after June 13, 1956 be available for uniforms or allowances therefor, as authorized by section 5901 of title 5.
Employment and compensation of personnel to perform work occasioned by emergencies
§ 1469
Notwithstanding any other provision of law, persons may be employed or otherwise contracted with by the Secretary of the Interior to perform work occasioned by emergencies such as fire, flood, storm, or any other unavoidable cause and may be compensated at regular rates of pay without regard to Sundays, Federal holidays, and the regular workweek.
Appropriations; availability for certain administrative expenses
§ 1470
Appropriations for field work of the Department of the Interior shall be available for the hire, with or without personal services, of boats, work animals, and animal-drawn and motor-propelled vehicles and equipment.
Appropriations; availability for payment of property damages
§ 1471
Appropriations for contingent expenses of the Department of the Interior shall be available, to the extent specified therein, for the payment of damages to private property (not to exceed $500 in any one case) caused by the negligent operation of motor vehicles under such appropriations.
Availability of appropriations for emergency repair or replacement of damaged or destroyed facilities and equipment
§ 1471a
Appropriations in this title 1 or appropriations made under this title 1 in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities or other facilities or equipment damaged, rendered inoperable, or destroyed by fire, flood, storm, drought, or other unavoidable causes: Provided , That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.
Availability of appropriations for suppression and emergency prevention of forest and range fires
§ 1471b
On and after October 2, 1992, the Secretary may authorize the expenditure or transfer (within each bureau or office) of any appropriation in this title 1 or appropriations made under this title 1 in subsequent Energy and Water Development Appropriations Acts, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior.
Availability of appropriations for operation of warehouses, garages, shops, and similar facilities
§ 1471c
Appropriations in this title 1 or appropriations made under this title 1 in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by sections 1535 and 1536 of title 31: Provided , That reimbursements for costs of supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.
Availability of appropriations for transportation, reprint, telephone, and library membership expenses
§ 1471d
Appropriations in this title 1 or appropriations made under this title 1 in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchases of reprints; payment for telephone services in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.
Reimbursement of employee license costs and certification fees
§ 1471e
Notwithstanding any other provision of law, in fiscal year 1993 and thereafter, appropriations or funds available to the Department of the Interior or the Forest Service, Department of Agriculture, may be used to reimburse employees for the cost of State licenses and certification fees pursuant to their employment and that are necessary to comply with State or Federal laws, regulations, or requirements.
Availability of appropriations for incremental funding of research work orders for cooperative agreements
§ 1471f
Notwithstanding any other provision of law, in fiscal year 1995 and thereafter, appropriations made to the Department of the Interior in this title 1 or provided from other Federal agencies through reimbursable or other agreements pursuant to sections 1535 and 1536 of title 31 may be used to fund incrementally research work orders for cooperative agreements with colleges and universities, State agencies, and nonprofit organizations that overlap fiscal years: Provided , That such cooperative agreements shall contain a statement that "the obligation of funds for future incremental payments shall be subject to the availability of funds."
Availability of appropriations to support Memorial Day and Fourth of July ceremonies and activities in National Capital Region
§ 1471g
During the current fiscal year and on and after September 30, 1996, funds appropriated under this paragraph may be made available to the De partment of the Interior to support the Memorial Day and Fourth of July ceremonies and activities in the National Capital Region.
Availability of appropriations for uniforms or allowances
§ 1471h
Appropriations available to the Department of the Interior for salaries and expenses shall on and after December 8, 2004, be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
Availability of appropriations for services or rentals
§ 1471i
Annual appropriations made to the Department of the Interior shall on and after December 8, 2004, be available for obligation in connection with contracts issued for services or rentals for periods not in excess of 12 months beginning at any time during the fiscal year.
Availability of appropriations for operation of warehouses, garages, shops, and similar facilities
§ 1471c-1
Appropriations made to the Department of the Interior shall on and after December 8, 2004, be available for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by sections 1535 and 1536 of title 31: Provided , That reimbursements for costs and supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.
Bureau of Reclamation working capital fund
§ 1472
(a) Establishment; management of support activities of Bureau Within 30 days after November 1, 1985, there shall be established in the Treasury of the United States a working capital fund to assist in the management of certain support activities of the Bureau of Reclamation (hereafter referred to as the "Bureau"), Department of the Interior. The fund shall be available without fiscal year limitation for expenses necessary for furnishing materials, supplies, equipment, work, and services in support of Bureau programs, and, as authorized by law, to agencies of the Federal Government and others. Such expenses may include the acquisition, replacement, and operation of a central computer and related automatic data processing equipment; engineering services; payroll and other management services; acquisition and replacement of equipment and facilities, including the purchase, lease, or rent of motor vehicles and aircraft within any limitations set forth in appropriations made to carry out the functions of the Bureau and such other activities as may be approved by the Director, Office of Management and Budget. (b) Fund credits; transfers to fund The fund shall be credited with appropriations made for the purpose of providing or increasing capital. There are authorized to be transferred to the fund (at fair and reasonable values at the time of transfer) the inventories, equipment, receivables, and other assets, less the liabilities, related to the functions to be financed by the fund as determined by the Secretary of the Interior. (c) Use of funds to provide materials, supplies, equipment, work, and services The fund shall be credited with appropriations and other funds of the Bureau, and other agencies of the Department of the Interior, other Federal agencies, and other sources, for providing materials, supplies, equipment, work, and services as authorized by law. Such payments may be made in advance or upon performance. (d) Charges to users Charges to users will be at rates approximately equal to the costs of furnishing the materials, supplies, equipment, facilities, and services (including such items as depreciation of equipment and accrued annual leave). (e) Authorization of appropriations There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this section. (f) Unnecessary funds covered into miscellaneous receipts of Treasury Funds that are not necessary to carry out the activities to be financed by the fund, as determined by the Secretary, shall be covered into miscellaneous receipts of the Treasury.
Acceptance of contributions from private and public sources by Mineral Management Service
§ 1473
In fiscal year 1987 and thereafter, the Minerals Management Service is authorized to accept land, buildings, equipment and other contributions, from public and private sources, which shall be available for the purposes provided for in this account, including, in fiscal years 2010 through 2013, contributions of money and services to conduct work in support of the orderly exploration and development of Outer Continental Shelf resources, including but not limited to, preparation of environmental documents such as impact statements and assessments, studies, and related research.
Acceptance of contributions by Secretary; cooperation with prosecution of projects
§ 1473a
The Secretary is authorized to accept lands, buildings, equipment, other contributions and, before, on, and after November 13, 1991, fees to be deposited in the contributed funds account from public and private sources, and to prosecute projects using such contributions and fees in cooperation with other Federal, State or private agencies.
Awards for contributions to Department of the Interior programs
§ 1473b
Notwithstanding any other provision of law, in fiscal year 1992 and thereafter, any appropriations or funds available to the Department of the Interior in this Act may be used to provide nonmonetary awards of nominal value to private individuals and organizations that make contributions to Department of the Interior programs.
Payment of costs incidental to services contributed by volunteers
§ 1473c
Appropriations under this title 1 in fiscal year 1992 and thereafter, may be made available for paying costs incidental to the utilization of services contributed by individuals who serve without compensation as volunteers in aid of work for units of the Department of the Interior.
Insurance costs covering vehicles, aircraft, and boats operated by Department of the Interior in Canada and Mexico
§ 1473d
Notwithstanding any other provisions of law, in fiscal year 1992 and thereafter, appropriations in this title 1 shall be available to provide insurance on official motor vehicles, aircraft, and boats operated by the Department of the Interior in Canada and Mexico.
Acceptance of donations and bequests for Natural Resources Library
§ 1473e
In fiscal year 1999 and thereafter, the Secretary may accept donations and bequests of money, services, or other personal property for the management and enhancement of the Department's Natural Resources Library. The Secretary may hold, use, and administer such donations until expended and without further appropriation.
Availability of receipts from administrative fees for program operations in Mining Law Administration
§ 1474
In fiscal year 1989 all but $742,000 of receipts, and thereafter all receipts from fees established by the Secretary of the Interior for processing of actions relating to the administration of the General Mining Laws shall be available for program operations in Mining Law Administration by the Bureau of Land Management to supplement funds otherwise available, to remain available until expended.
Emergency Department of the Interior Firefighting Fund; amounts considered "emergency requirements"
§ 1474a
On and after November 13, 1991, beginning in fiscal year 1993, and in each year thereafter, only amounts for emergency rehabilitation and wildfire suppression activities that are in excess of the average of such costs for the previous ten years shall be considered "emergency requirements" pursuant to section 901(b)(2)(D) 1 of title 2, and such amounts shall on and after November 13, 1991, be so designated.
Natural Resource Damage Assessment and Restoration Fund; availability of assessments
§ 1474b
Notwithstanding any other provision of law, in fiscal year 1991 and thereafter, sums provided by any party, including sums provided in advance or as a reimbursement for natural resource damage assessments, may be credited to this appropriation and shall remain available until expended.
North American Wetlands Conservation Fund; availability of fines or forfeitures
§ 1474c
In fiscal year 1992 and thereafter, amounts received during the immediately preceding fiscal year under section 707 of title 16 as penalties or fines or from forfeitures of property or collateral, to remain available until expended.
Environmental Improvement and Restoration Fund
§ 1474d
(a) Fund One half of the amounts awarded by the Supreme Court to the United States in the case of United States of America v. State of Alaska (117 S.Ct. 1888) shall be deposited in a fund in the Treasury of the United States to be known as the "Environmental Improvement and Restoration Fund" (referred to in this section as the "Fund"). (b) Investments (1) In general The Secretary of the Treasury shall invest amounts in the Fund in interest bearing obligations of the United States. (2) Acquisition of obligations For the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations Any obligations acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to Fund The interest earned from investments of the Fund shall be covered into and form a part of the Fund. (c) Transfer and availability of amounts earned Each year, interest earned and covered into the Fund in the previous fiscal year shall be made available as follows: (1) To the extent provided in the subsequent appropriations Acts, 80 percent of such amounts shall be made available to be equally divided among the Directors of the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Chief of the Forest Service for high priority deferred maintenance and modernization of facilities that directly enhance the experience of visitors, including natural, cultural, recreational, and historic resources protection projects in National Parks, National Wildlife Refuges, and the public lands respectively as provided in subsection (d) and for payment to the State of Louisiana and its lessees for oil and gas drainage in the West Delta field. The Secretary shall submit with the annual budget submission to Congress a list of high priority maintenance and modernization projects for congressional consideration. (2) 20 percent of such amounts shall be made available without further appropriation to the Secretary of Commerce for the purpose of carrying out marine research activities in the North Pacific in accordance with subsection (e). (d) Projects A project referred to in subsection (c)(1) shall be consistent with the laws governing the National Park System, the National Wildlife Refuge System, the public lands and Forest Service lands and management plan for such unit. (e) Marine research activities (1) Funds available under subsection (c)(2) shall be used by the Secretary of Commerce according to this subsection to provide grants to Federal, State, private or foreign organizations or individuals to conduct research activities on or relating to the fisheries or marine ecosystems in the north Pacific Ocean, Bering Sea, and Arctic Ocean (including any lesser related bodies of water). (2) Research priorities and grant requests shall be reviewed by a board to be known as the North Pacific Research Board (referred to in this subsection as the "Board"). The Board shall seek to avoid duplicating other research activities, and shall place a priority on cooperative research efforts designed to address pressing fishery management or marine ecosystem information needs. (3) The Board shall be comprised of the following representatives or their designees— (A) the Secretary of Commerce; (B) the Secretary of State; (C) the Secretary of the Interior; (D) the Commandant of the Coast Guard; (E) the Director of the Office of Naval Research; (F) the Alaska Commissioner of Fish and Game; (G) the Chairman of the North Pacific Fishery Management Council; (H) the Chairman of the Arctic Research Commission; (I) the Director of the Oil Spill Recovery Institute; (J) the Director of the Alaska SeaLife Center; (K) five members nominated by the Governor of Alaska and appointed by the Secretary of Commerce, one of whom shall represent fishing interests, one of whom shall represent Alaska Natives, one of whom shall represent environmental interests, one of whom shall represent academia, and one of whom shall represent oil and gas interests; (L) three members nominated by the Governor of Washington and appointed by the Secretary of Commerce; and 1 (M) one member nominated by the Governor of Oregon and appointed by the Secretary of Commerce. 2 (N) one member who shall represent fishing interests and shall be nominated by the Board and appointed by the Secretary. The members of the Board shall be individuals knowledgeable by education, training, or experience regarding fisheries or marine ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean. Three nominations shall be submitted for each member to be appointed under subparagraphs (K), (L), and (M). Board members appointed under subparagraphs (K), (L), and (M) shall serve for three-year terms, and may be reappointed. (4)(A) The Secretary of Commerce shall review grants recommended by the Board. If the Secretary does not approve a grant recommended by the Board, the Secretary shall explain in writing the reasons for not approving such grant, and the amount recommended to be used for such grant shall be available only for other grants recommended by the Board. (B) The Board shall establish written criteria for the submission of grant requests through a competitive process and for deciding upon the award of grants. Grants shall be recommended by the Board on the basis of merit in accordance with the priorities established by the Board. The Secretary shall provide the Board such administrative and technical support as is necessary for the effective functioning of the Board. The Board shall be considered an advisory panel established under section 1852(g) of title 16 for the purposes of section 1852(i)(1) of title 16, and the other procedural matters applicable to advisory panels under section 1852(i) of title 16 shall apply to the Board to the extent practicable. Members of the Board may be reimbursed for actual expenses incurred in performance of their duties for the Board. Not more than 15 percent of the funds provided to the Secretary of Commerce under paragraph (1) may be used to provide support for the Board and administer grants under this subsection. (5) All decisions of the Board, including grant recommendations, shall be by majority vote of the members listed in paragraphs (3)(A), (3)(F), (3)(G), (3)(J), and (3)(N), in consultation with the other members. The five voting members may act on behalf of the Board in all matters of administration, including the disposition of research funds not made available by this section, at any time on or after October 1, 2000.
Sums received by the Bureau of Land Management for the sale of seeds
§ 1474e
Notwithstanding section 3302(b) of title 31, sums received by the Bureau of Land Management for the sale of seeds or seedlings, may on and after December 8, 2004, be credited to the appropriation from which funds were expended to acquire or grow the seeds or seedlings and are available without fiscal year limitation.
Sums received by the Bureau of Land Management from vendors under enterprise information technology-procurements
§ 1474f
Sums not to exceed 1 percent of the total value of procurements received by the Bureau of Land Management from vendors under enterprise information technology-procurements that the Department of the Interior and other Federal Government agencies may use to order information technology on and after March 11, 2009, may be deposited into the Management of Lands and Resources account to offset costs incurred in conducting the procurement.
Department of the Interior Nonrecurring Expenses Fund
§ 1474g
There is hereby established in the Treasury of the United States a fund to be known as the "Department of the Interior Nonrecurring Expenses Fund" (the Fund): Provided , That unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of the Interior by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further , That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information and business technology system modernization and facilities infrastructure improvements and associated administrative expenses, including nonrecurring maintenance, necessary for the operation of the Department or its bureaus, subject to approval by the Office of Management and Budget: Provided further , That amounts in the Fund may not be obligated without written notification to and the prior approval of the Committees on Appropriations of the House of Representatives and the Senate in conformance with the reprogramming guidelines described in this Act.
Transfer of funds from Natural Resource Damage Assessment and Restoration Fund
§ 1474b-1
Notwithstanding any other provision of law, any amounts appropriated or credited in fiscal year 1992 and thereafter, may be transferred to any account, including transfers to Federal trustees and payments to non-Federal trustees, to carry out the provisions of negotiated legal settlements or other legal actions for restoration activities and to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public Law 101–380) [33 U.S.C. 2701 et seq.], and subchapter II of chapter 1007 of title 54 for damage assessment activities: Provided further , That sums provided by any party heretofore and hereafter are not limited to monetary payments and may include stocks, bonds or other personal or real property, which may be retained, liquidated or otherwise disposed of by the Secretary and such sums, to remain available until expended, or properties shall be utilized for the restoration of injured resources, and to conduct new damage assessment activities.
Bureau of Reclamation acceptance of services of volunteers
§ 1475
The Bureau of Reclamation may on and after September 29, 1989, accept the services of volunteers and, from any funds available to it, provide for their incidental expenses to carry out any activity of the Bureau of Reclamation except policymaking or law or regulatory enforcement. Such volunteers shall not be deemed employees of the United States Government, except for the purposes of chapter 81 of title 5 relating to compensation for work injuries, and shall not be deemed employees of the Bureau of Reclamation except for the purposes of tort claims to the same extent as a regular employee of the Bureau of Reclamation would be under identical circumstances.
Participation of non-Federal entities in contract negotiations and source selection proceedings
§ 1475a
On and after October 2, 1992, the Bureau of Reclamation may invite non-Federal entities involved in cost sharing arrangements for the development of water projects to participate in contract negotiation and source selection proceedings without invoking provisions of chapter 10 of title 5: Provided , That such non-Federal participants shall be subject to the provisions of chapter 21 of title 41 and to the conflict of interest provisions appearing at 18 U.S.C. 201 et seq. (1988).
Volunteer authority
§ 1475b
(a) In general The Secretary of the Interior may recruit, train, and accept, without regard to the civil service classification laws, rules, or regulations, the services of individuals, contributed without compensation as volunteers, for aiding in or facilitating the activities administered by the Secretary through the Bureau of Indian Affairs, the United States Geological Survey, the Bureau of Reclamation, and the Office of the Secretary. (b) Restrictions on activities of volunteers (1) In general In accepting such services of individuals as volunteers, the Secretary shall not permit the use of volunteers in law enforcement work, in regulatory and enforcement work, in policymaking processes, or to displace any employee. (2) Private property No volunteer services authorized by this Act may be conducted on private property unless the officer or employee charged with supervising the volunteer obtains appropriate consent to enter the property from the property owner. (3) Hazardous duty The Secretary may accept the services of individuals in hazardous duty only upon a determination by the Secretary that such individuals are skilled in performing hazardous duty activities. (4) Supervision The Secretary shall ensure that an appropriate officer or employee of the United States provides adequate and appropriate supervision of each volunteer whose services the Secretary accepts. (c) Provision of services and costs The Secretary may provide for services and costs incidental to the utilization of volunteers, including transportation, supplies, uniforms, lodging, subsistence (without regard to place of residence), recruiting, training, supervision, and awards and recognition (including nominal cash awards). (d) Federal employment status of volunteers (1) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (2) Volunteers shall be deemed employees of the United States for the purposes of— (A) the tort claims provisions of title 28; (B) subchapter I of chapter 81 of title 5; and (C) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31 shall apply. (3) Volunteers under this Act shall be subject to chapter 11 of title 18, unless the Secretary, with the concurrence of the Director of the Office of Government Ethics, determines in writing published in the Federal Register that the provisions of that chapter, except section 201, shall not apply to the actions of a class or classes of volunteers who carry out only those duties or functions specified in the determination.
Elimination of oaths for written statements; discretion of Secretary of the Interior
§ 1476
Written statement in public land matters within the jurisdiction of the Department of the Interior, heretofore required by law to be made under oath, need no longer be made under oath unless the Secretary of the Interior shall, in his discretion, so require.
Unsworn written statements subject to penalties of presenting false claims
§ 1476a
Unsworn written statements made in public land matters within the jurisdiction of the Department of the Interior shall remain subject to section 1001 of title 18.
Snow water supply forecasting
§ 1477
(a) Short title This section may be cited as the "Snow Water Supply Forecasting Program Authorization Act". (b) Definition of program In this section, the term "program" means the Snow Water Supply Forecasting Program established by subsection (c). (c) Snow Water Supply Forecasting Program (1) Program establishment The Snow Water Supply Forecasting Program is hereby established within the Department of the Interior. (2) Program implementation To implement the program, the Secretary shall— (A) develop the program framework in coordination with other Federal agencies pursuant to subsection (d), culminating in the report required under subsection (d)(3); and (B) after submitting the report required by subsection (d)(3), implement activities to improve snowpack measurement in particular watersheds pursuant to subsection (e). (d) Development of program framework in coordination with other Federal agencies (1) Snowpack measurement data When determining water supply forecasts or allocations to Federal water contractors, the Secretary, acting through the Commissioner of the Bureau of Reclamation, shall incorporate, to the greatest extent practicable, information from emerging technologies for snowpack measurement, such as— (A) synthetic aperture radar; (B) laser altimetry; and (C) other emerging technologies that the Secretary determines are likely to provide more accurate or timely snowpack measurement data. (2) Coordination In carrying out paragraph (1), the Secretary shall coordinate data use and collection efforts with other Federal agencies that use or may benefit from the use of emerging technologies for snowpack measurement. (3) Emerging technologies report Not later than October 1, 2021, the Secretary shall submit to Congress a report that— (A) summarizes the use of emerging technologies pursuant to this section; (B) describes benefits derived from the use of technologies summarized under subparagraph (A) related to the environment and increased water supply reliability; and (C) describes how Federal agencies will coordinate to implement emerging technologies. (e) Program implementation (1) Activities implementing framework After submitting the report required under subsection (d)(3), the Secretary shall participate with program partners in implementing activities to improve snowpack measurement in particular watersheds. (2) Focus The program shall focus on activities that will maintain, establish, expand, or advance snowpack measurement consistent with the report required by subsection (d)(3), with an emphasis on— (A) enhancing activities in river basins to achieve improved snow and water supply forecasting results; (B) activities in river basins where snow water supply forecasting related activities described in this section are not occurring on December 27, 2020; and (C) demonstrating or testing new, or improving existing, snow and water supply forecasting technology. (3) Information sharing The Secretary may provide information collected and analyzed under this section to program partners through appropriate mechanisms, including interagency agreements with Federal agencies, States, State agencies, or a combination thereof, leases, contracts, cooperative agreements, grants, loans, and memoranda of understanding. (4) Program partners Program partners with whom the Secretary enters into cooperative agreements pursuant to paragraph (5) may include water districts, irrigation districts, water associations, universities, State agencies, other Federal agencies, private sector entities, non-governmental organizations, and other entities, as determined by the Secretary. (5) Cooperative agreements The Secretary may— (A) enter into cooperative agreements with program partners to allow the program to be administered efficiently and cost effectively through cost-sharing or by providing additional in-kind resources necessary for program implementation; and (B) provide nonreimbursable matching funding for programmatic and operational activities under this section in consultation with program partners. (6) Environmental laws Nothing in this section shall modify any obligation of the Secretary to comply with applicable Federal and State environmental laws in carrying out this section. (f) Program implementation report Not later than 4 years after December 27, 2020, the Secretary shall submit a report to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, that includes— (1) a list of basins and sub-basins for which snowpack measurement technologies are being used under the program, including a description of each technology used; and (2) a list of Federal agencies and program partners participating in each basin or sub-basin listed in paragraph (1). (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $15,000,000, in the aggregate, for fiscal years 2022 through 2026.
Appraisal and valuation services for real property
§ 1478
(a) License, certification requirement A covered appraiser needs to be licensed or certified in only 1 State to perform appraisal or valuation services for real property in any State for a transaction over which the Secretary has jurisdiction. (b) Use of non-Federal covered appraisers If the Secretary uses a non-Federal covered appraiser to perform appraisal or valuation services for real property for a transaction described in subsection (a), the Secretary— (1) shall, to the maximum extent practicable, use a non-Federal covered appraiser who is a certified general real property appraiser licensed in a State in which the real property that is the subject of the transaction is located; and (2) may only use a non-Federal covered appraiser who is a certified general real property appraiser licensed in a State other than one in which the real property that is the subject of the transaction is located if a non-Federal covered appraiser described in paragraph (1) is, as determined by the Secretary— (A) unavailable to complete an assignment within a reasonable period of time; (B) not assignment qualified; or (C) not cost competitive. (c) Report Not later than 1 year after January 4, 2025, and annually thereafter for at least the following 4 years, the Secretary shall submit to Congress a report that includes the following: (1) A comparison using quantitative data of— (A) the number of requests for appraisal and valuation services received by the Department during the reporting period and the number of requests for such services received by the Department in each of the 5 years before the reporting period; and (B) the amount of time required for the Department to complete a request for appraisal or valuation services before January 4, 2025, and after January 4, 2025. (2) A qualitative assessment of the impact of subsection (a) in providing flexibility to the Secretary when contracting with non-Federal covered appraisers. (3) Recommendations, if any, for congressional action that could help the Department operate more efficiently or overcome challenges with respect to timely completion of requests for appraisal or valuation services while ensuring the independence, impartiality, and objectivity of such services. (4) An overview of the workforce of the Department with regard to appraisal and valuation services provided by the Department, including hiring and staffing during the reporting period with respect to employees and contractors of the Department. (5) A complete list of cases in which the authority granted under this section was used during the reporting period, describing for each case the specific criteria used to satisfy the conditions of this section. (d) Statutory clarifications (1) Applicability of relevant laws and regulations Except as provided in paragraph (3), nothing in this section shall be interpreted to affect the application of any Federal or State law or regulation to a non-Federal covered appraiser with regard to the performance by such non-Federal covered appraiser of appraisal and valuation services for real property. (2) Jurisdiction requirement Nothing in this section shall be interpreted to authorize a non-Federal covered appraiser to perform appraisal and valuation services for real property in a State in which such non-Federal covered appraiser is not licensed or certified to perform such services except to the extent that such services are performed for a transaction over which the Secretary has jurisdiction. (3) Nonapplicability of certain relevant laws and regulations Any provision of a Federal or State law or regulation enacted before January 4, 2025, that requires a covered appraiser to be licensed or certified in a specific State to perform appraisal or valuation services for real property in that State shall not apply to any transaction over which the Secretary has jurisdiction. (e) Public availability Not later than 90 days after January 4, 2025, the text of all policies (including any successor policies), including reference manuals, guidance documents, handbooks, standard operating procedures, and statements of policy specific to the scoping, contracting, and review of appraisals performed for the Department by Federal or non-Federal covered appraisers, shall be made publicly available online and provided upon request. (f) Definitions In this section: (1) Covered appraiser The term "covered appraiser" means a State-licensed or -certified real property appraiser. (2) Department The term "Department" means the Department of the Interior. (3) Reporting period The term "reporting period" means the 1-year period before the date on which a report is submitted under subsection (c). (4) Secretary The term "Secretary" means the Secretary of the Interior. (5) State The term "State" means each of the several States, the District of Columbia, and each territory and possession of the United States.
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Source: United States Code / CFR (uscode.house.gov, govinfo.gov) — U.S. federal law, public domain (17 U.S.C. § 105).
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