43 U.S.C. § 1458 — Secretary to exercise certain powers over

Page 381 TITLE 43—PUBLIC LANDS § 1458 other order or directive shall not apply to activities conducted by the National Park Service, United States Fish and Wildlife Service, and the Bureau of Land Man- agement which involve ten full time equivalents (FTE) or less. ‘‘(B) For fiscal years 1985 through and including 1988, no contracts, for activities conducted by the National Park Service, United States Fish and Wildlife Service, or the Bureau of Land Management which have been subject to the provisions of Office of Management and Budget Circular A–76 or any similar provision in any other order or directive, shall be entered into by the United States until funds have been specifically pro- vided therefore by an Act of Congress. ‘‘(2) Nothing in this section shall prevent the Na- tional Park Service, United States Fish and Wildlife Service, and the Bureau of Land Management from en- tering into contracts for services and materials under provisions of law and rules, regulations, orders, and policies other than the circular referred to in para- graph (1) or any similar order or directive.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1457b. Use of cooperative agreements For fiscal year 2010, and each fiscal year there- after, the Secretary of the Interior may enter into cooperative agreements with a State or po- litical subdivision (including any agency there- of), 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 objec- tives. At the discretion of the Secretary, such agreements shall not be subject to a competitive process. (Pub. L. 111–88, div. A, title I, § 112, Oct. 30, 2009, 123 Stat. 2928.) Editorial Notes CODIFICATION Section is from the Department of the Interior, Envi- ronment, and Related Agencies Appropriations Act, 2010. § 1457c. Power of Secretary or designated officer The Secretary of the Interior, or such officer as he may designate, is authorized to enforce and carry into execution, by appropriate regula- tions, every part of the provisions of title 32 of the Revised Statutes not otherwise specially provided for. (R.S. § 2478; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) REFERENCES IN TEXT Title 32 of the Revised Statutes, referred to in text, was in the original ‘‘this Title’’, meaning title 32 of the Revised Statutes, consisting of R.S. §§ 2207 to 2490. For complete classification of R.S. §§ 2207 to 2490 to the Code, see Tables. Editorial Notes CODIFICATION Section was formerly classified to section 1201 of this title prior to editorial reclassification and renumbering as this section. R.S. § 2478 derived from acts Sept. 28, 1850, ch. 84, §§ 1, 4, 9 Stat. 520; Mar. 12, 1860, ch. 5, § 1, 12 Stat. 3; Feb. 19, 1874, ch. 30, 18 Stat. 16. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ‘‘Secretary of the Interior or such officer as he may designate’’ substituted for ‘‘Commissioner of the Gen- eral Land Office, under the directions of the Secretary of the Interior’’ on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 1458. Secretary to exercise certain powers over Territories 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. (R.S. § 442.) Editorial Notes CODIFICATION R.S. § 442 derived from act Mar. 1, 1873, ch. 217, 17 Stat. 484. Section was formerly classified to section 486 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. EX. ORD. NO. 10967. ADMINISTRATION OF PALMYRA ISLAND Ex. Ord. No. 10967, eff. Oct. 10, 1961, 26 F.R. 9667, pro- vided: By virtue of the authority vested in me by section 48 of the Hawaii Omnibus Act (approved July 12, 1960; 74 Stat. 424; P.L. 86–624) [set out as a note preceding sec- tion 491 of Title 48, Territories and Insular Possessions] and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. The Secretary of the Interior shall be re- sponsible for the civil administration of Palmyra Is- land and all executive and legislative authority nec- essary for that administration, and all judicial author- ity respecting Palmyra Island other than the authority contained in the Act of June 15, 1950 (64 Stat. 217), as amended (48 U.S.C. 644a), shall be vested in the Sec- retary of the Interior. SEC. 2. The executive, legislative, and judicial author- ity provided for in section 1 of this order (1) may be ex- Page 382 TITLE 43—PUBLIC LANDS § 1459 ercised through such agency or agencies of the Depart- ment of the Interior, or through such officers or em- ployees under the jurisdiction of the Secretary of the Interior, as the Secretary may direct or authorize, (2) may be exercised through such agency or agencies, other than or not in the Department of the Interior, or through such officers or employees of the United States not under the administrative supervision of the Sec- retary, for such time and under such conditions as may be agreed upon between the Secretary and such agency, agencies, officers or employees of the United States, and (3) shall be exercised in such manner as the Sec- retary, or any person or persons acting under the au- thority of the Secretary, may direct or authorize. SEC. 3. The Secretary of the Interior may confer upon the United States District Court for the District of Ha- waii such jurisdiction, in addition to that contained in the Act of June 15, 1950 [48 U.S.C. 644a], and such judi- cial functions and duties, as he may deem appropriate for the civil administration of Palmyra Island. SEC. 4. The foregoing provisions of this order shall continue in force until the Congress shall provide for the civil administration of Palmyra Island or until such earlier time as the President may specify. SEC. 5. As used herein, the term ‘‘Palmyra Island’’ means the place of that name, consisting of a group of islets located in the Pacific Ocean approximately at Latitude 5°52′′ North and Longitude 162°06′′ West, and includes the territorial waters of that place and in- cludes also the reefs surrounding that place or any part thereof. SEC. 6. To the extent that any prior Executive order or proclamation is inconsistent with the provisions of this order, this order shall control. SEC. 7. Nothing in this order shall be deemed to re- duce, limit, or otherwise modify the authority or re- sponsibility of the Attorney General to represent the legal interests of the United States in civil or criminal cases arising under the provisions of the Act of June 15, 1950 [48 U.S.C. 644a], or under the provisions of section 3 of this order. JOHN F. KENNEDY. § 1459. Expenditures of department 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 as- signed by law to his department; subject, how- ever, to adjustment and control by the Govern- ment Accountability Office. (R.S. § 444; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes CODIFICATION R.S. § 444 derived from act Mar. 3, 1849, ch. 108, § 2, 9 Stat. 395. Section was formerly classified to section 487 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Accountability Office’’ substituted in text for ‘‘General Accounting Office’’ pursuant to sec- tion 8(b) of Pub. L. 108–271, set out as a note under sec- tion 702 of Title 31, Money and Finance, which redesig- nated the General Accounting Office and any references thereto as the Government Accountability Office. Pre- viously, ‘‘General Accounting Office’’ substituted in text for ‘‘proper accounting officers of Department of the Treasury’’ pursuant to act June 10, 1921, which transferred all powers and duties of Comptroller, six auditors, and certain other employees of the Treasury to General Accounting Office. See section 701 et seq. of Title 31. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. § 1460. Copies of records, documents, etc.; charges; disposition of receipts The Secretary of the Interior, or any of the of- ficers of that Department may, when not preju- dicial to the interests of the Government, fur- nish 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 administra- tive services involved in handling the records for such purpose, as these costs may be determined by the Secretary of the Interior or such subordi- nate officials or employees as he may designate, and in addition the sum of 25 cents for each cer- tificate 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 charge- able for the cost of furnishing copies as herein authorized. (Aug. 24, 1912, ch. 370, § 1, 37 Stat. 497; July 30, 1947, ch. 354, § 1, 61 Stat. 521; Aug. 3, 1950, ch. 526, 64 Stat. 402.) Editorial Notes CODIFICATION Section was formerly classified to section 488 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1950—Act Aug. 3, 1950, included within the price of copies of records furnished by the Department the cost of the administrative expenses involved as well as the cost of production. 1947—Act July 30, 1947, omitted specific charges for copies of books, records, etc., inserted provision that charge for copies would amount to cost of production as determined by the Secretary of the Interior or his designee, and inserted provision relating to deposit of receipts. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer-