43 U.S.C. § 1457 — Duties of Secretary

Page 375 TITLE 43—PUBLIC LANDS § 1457 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. 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. DIVISION OF ADMINISTRATIVE SERVICES Interior Department Order No. 2546, dated Dec. 7, 1949 and amended Jan. 20, 1950, set up the Office of Adminis- trative Management with an executive officer in charge, and the Chief Clerk of the Department was placed in charge of a Division of Administrative Serv- ices under that office. A further amendment to Depart- ment Order No. 2546, dated Aug. 15, 1950, placed the Di- vision of Administrative Services, with the Chief Clerk in charge, under the Administrative Assistant Sec- retary of the Interior Department. § 1456a. Repealed. Pub. L. 95–164, title III, § 306(b), Nov. 9, 1977, 91 Stat. 1322 Section, Pub. L. 93–153, title IV, § 405, Nov. 16, 1973, 87 Stat. 590, provided for appointment by the President of head of Mining Enforcement and Safety Administra- tion. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 120 days after Nov. 9, 1977, see section 307 of Pub. L. 95–164, set out as an Effective Date of 1977 Amendment note under section 801 of Title 30, Mineral Lands and Mining. § 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. United States Bureau of Mines. 6. Bureau of Reclamation. 7. Division of Territories and Island Posses- sions. 8. Fish and Wildlife Service. 9. United States 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, § 1, 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, eff. June 8, 1923; Ex. Ord. No. 4175, eff. Mar. 17, 1925; Ex. Ord. No. 5398, eff. July 21, 1930; June 30, 1932, ch. 320, § 1, 47 Stat. 446; Ex. Ord. No. 6611, eff. Feb. 22, 1934; Ex. Ord. No. 6726, eff. May 29, 1934; June 28, 1934, ch. 865, § 1, 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, 53 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; Pub. L. 85–56, title XXII, § 2201(1), June 17, 1957, 71 Stat. 157; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.) Editorial Notes CODIFICATION R.S. § 441 derived from acts Mar. 3, 1849, ch. 108, §§ 3, 5 to 9, 9 Stat. 395; Feb. 5, 1859, ch. 22, § 1, 11 Stat. 379; July 20, 1868, ch. 176, § 1, 15 Stat. 92, 106; July 8, 1870, ch. 230, § 1, 16 Stat. 198. Section was formerly classified to section 485 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 1957—Pub. L. 85–56 substituted ‘‘Bounty-lands’’ for ‘‘Pensions and bounty-lands’’ in par. 3. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Bureau of Mines’’ substituted for ‘‘Bureau of Mines’’ in par. (5) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. ‘‘United States Geological Survey’’ substituted for ‘‘Geological Survey’’ in par. 9 pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title. EFFECTIVE DATE OF 1957 AMENDMENT Amendment by Pub. L. 85–56 effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56. PILOT PROGRAM Pub. L. 118–210, title II, § 223(c), Jan. 2, 2025, 138 Stat. 2781, provided that: ‘‘(1) ESTABLISHMENT.—The Secretary of the Interior shall, in consultation with the Secretary of Labor and the Secretary of Veterans Affairs, establish a pilot pro- gram to proactively inform veterans of available em- ployment positions that relate to the conservation and resource management activities of the Department of the Interior. ‘‘(2) POSITIONS.—The Secretary of the Interior shall— ‘‘(A) identify vacant positions in the Department of the Interior that are appropriate to fill using the pilot program; and ‘‘(B) to the maximum extent practicable, provide assistance to veterans in selecting one or more va- cant positions to apply to, for which that veteran may be best qualified. ‘‘(3) REPORTS.— ‘‘(A) IMPLEMENTATION REPORT.—Not later than one year after the date on which the pilot program under paragraph (1) commences, the Secretary of the Inte- rior, the Secretary of Veterans Affairs, and the Sec- retary of Labor shall jointly provide to the appro- priate congressional committees a report on the im- plementation of the pilot program. ‘‘(B) FINAL REPORT.—Not later than 30 days after the date on which the pilot program under paragraph (1) terminates under paragraph (4), the Secretary of the Interior, the Secretary of Veterans Affairs, and the Secretary of Labor shall jointly submit to the ap- propriate congressional committees a report on the pilot program that includes the following: ‘‘(i) The number of veterans who applied to par- ticipate in the pilot program. Page 376 TITLE 43—PUBLIC LANDS § 1457 ‘‘(ii) The number of such veterans employed under the pilot program. ‘‘(iii) The number of veterans identified in clause (ii) who transitioned to full-time positions with the Federal Government after participating in the pilot program. ‘‘(iv) Any other information the Secretary of the Interior, the Secretary of Veterans Affairs, and the Secretary of Labor determine appropriate with re- spect to measuring the effectiveness of the pilot program. ‘‘(4) TERMINATION.—The authority to carry out the pilot program under this subsection shall terminate on the date that is two years after the date on which the pilot program commences. ‘‘(5) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this subsection, the term ‘appropriate con- gressional committees’ means— ‘‘(A) the Committee on Veterans’ Affairs and the Committee on Energy and Natural Resources of the Senate; and ‘‘(B) the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Rep- resentatives.’’ APPOINTMENT OF HIGHLY QUALIFIED INDIVIDUALS TO ADDRESS CERTAIN HIRING NEEDS WITHIN DEPART- MENT OF THE INTERIOR Pub. L. 118–158, div. B, title VII, § 2701, Dec. 21, 2024, 138 Stat. 1752, provided that: ‘‘Notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, may recruit and directly appoint highly quali- fied individuals into the competitive service to address critical hiring needs for the planning and execution of the projects and activities funded in this title [title VII of div. B of Pub. L. 118–158, 138 Stat. 1746]: Provided, That such authority shall not apply to positions in the Excepted Service or the Senior Executive Service: Pro- vided further, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and the Department of the Interior and the Department of Agriculture shall comply with the public notice requirements of section 3327 of such title 5: Provided further, That the authority under this sec- tion shall terminate on September 30, 2029: Provided fur- ther, That amounts provided by this section are des- ignated by the Congress as being for an emergency re- quirement pursuant to section 251(b)(2)(A)(i) of the Bal- anced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)].’’ REPORT TO CONGRESS ON AVAILABILITY OF FEDERAL PROGRAMS TO TERRITORIES OF UNITED STATES; AU- THORIZATION OF APPROPRIATIONS Pub. L. 95–134, title IV, § 401, Oct. 15, 1977, 91 Stat. 1163, directed the Secretary of the Interior to submit to the Congress no later than Jan. 1, 1978, a report on Fed- eral programs available to United States territories and authorized an appropriation of $50,000 for fiscal year 1978. STUDY OF HEALTH AND SAFETY CONDITIONS IN METAL AND NONMETALLIC MINES Pub. L. 87–300, Sept. 26, 1961, 75 Stat. 649, directed Secretary of the Interior to make a study on health and safety conditions in metal and nonmetallic mines, excluding coal and lignite mines, which study was to cover causes of injuries and health hazards, the relative effectiveness of voluntary versus mandatory reporting of accident statistics, the relative contribution to safe- ty of inspection programs embodying right-of-entry and right-of-entry with enforcement authority, the ef- fectiveness of health and safety training programs, the cost of an effective safety program, and the scope and adequacy of State mine safety laws, and to submit his findings, accompanied with recommendations for an ef- fective safety program for metal and nonmetallic mines, excluding coal or lignite mines, to Congress not later then two years after 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 In- terior, 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 re- sult from the several expeditions in support of the International Geophysical Year. ‘‘SEC. 3. Nothing in this Act shall be construed to au- thorize 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 appro- priated such sums as may be necessary to carry out the purposes of this Act.’’ [For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.] CONVEYANCE TO INDIAN TRIBES OF FEDERALLY OWNED BUILDINGS, IMPROVEMENTS, OR FACILITIES Act Aug. 6, 1956, ch. 979, 70 Stat. 1057, provided that: ‘‘The Secretary of the Interior at the request of any In- dian tribe, band, or group is authorized to convey to such Indian tribe, band, or group, by such means as he may deem appropriate, title to any federally owned buildings, improvements, or facilities (including any personal property used in connection with such build- ings, improvements, or facilities) that are situated on lands of such tribe, band, or group or on lands reserved for the administration of its affairs, and that are no longer required by the Secretary for the administration of Indian affairs. Any tribe, band, or group to which property is conveyed pursuant to this Act may dispose of such property whenever its governing body deter- mines that the property is no longer needed for its use. If, at any time while property conveyed pursuant to this Act remains in the ownership of any Indian tribe, band, or group, the Secretary of the Interior deter- mines that such property is not being adequately main- tained or properly utilized by such tribe, band, or group or that the property creates a health or safety hazard or other undesirable condition, he may declare a for- feiture of the conveyance and the title to such property shall thereupon revert to the United States. Such de- termination by the Secretary shall be final. ‘‘For the purpose of this Act, the term ‘Indian’ shall include Eskimos and Aleuts.’’ [Act Aug. 6, 1956, set out above, was formerly classi- fied to section 443a of Title 25, Indians, prior to edi- torial reclassification as this note.] INDIAN GOODS AND SUPPLIES Act Apr. 30, 1908, ch. 153, 35 Stat. 73, provided: ‘‘That hereafter payment for transportation of Indian goods and supplies shall include all Indian transportation lawfully due such land-grant railroads as have not re- ceived aid in Government bonds (to be adjusted in ac- cordance with the decisions of the Supreme Court in cases decided under such land-grant Acts), but in no case shall more than 50 per centum of full amount of service be paid to said land-grant roads: Provided, That such compensation shall be computed upon the basis of the tariff or lower special rates for like transportation performed for the public at large, and shall be accepted as in full for all demands for such service: Provided fur- ther, That hereafter in expending money appropriated for this purpose a railroad company which has not re- ceived aid in bonds of the United States, and which ob- Page 377 TITLE 43—PUBLIC LANDS § 1457 tained a grant of public lands to aid in the construction of its railroad on condition that such railroad should be a post route and military road, subject to the use of the United States for postal, military, naval, and other Government services, and also subject to such regula- tions as Congress may impose, restricting the charge for such government transportation, having claims against the United States for transportation of Indian goods and supplies over such aided railroads, shall be paid out of the moneys appropriated for such purpose only on the basis of such rate for the transportation of such Indian goods and supplies as the Secretary of the Interior shall deem just and reasonable under the pro- visions set forth herein, such rate not to exceed 50 per centum of the compensation for such Government transportation as shall at that time be charged to and paid by private parties to any such company for like and similar transportation; and the amount so fixed to be paid shall be accepted as in full for all demands for such service.’’ [Act Apr. 30, 1908, set out above, was formerly classi- fied to section 443b of Title 25, Indians, prior to edi- torial reclassification as this note.] SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified, or repealed by Submerged Lands Act, see section 1303 of this title. Statutory Notes and 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. Functions of General Land Office and of Grazing Service consolidated into a new agency known as Bu- reau of Land Management by Reorg. Plan No. 3 of 1946, § 403(a), eff. July 16, 1946. See note set out under section 1 of this title. The following subjects of which Secretary of the Inte- rior was charged with supervision by R.S. § 441, were transferred in the manner indicated: Census—Transferred to Department of Commerce and Labor by act Feb. 14, 1903, ch. 552, § 4, 32 Stat. 826. (See Title 13, Census.) Pensions—Transferred to Veterans’ Administration by Ex. Ord. No. 5398 of July 21, 1930, pursuant to act July 3, 1930, ch. 863, § 1, 46 Stat. 1016. (See Title 38, Vet- erans’ Benefits.) Patents—Transferred to Department of Commerce by Ex. Ord. No. 4175 of Mar. 17, 1925, pursuant to act Feb. 14, 1903, ch. 552 § 12, 32 Stat. 830. (See Title 35, Patents.) Publications, custody and distribution—Transferred to Public Printer and superintendent of documents by act Jan. 12, 1895, ch. 23, 28 Stat. 601. (See Title 44, Pub- lic Printing and Documents.) Education—Transferred to Federal Security Agency by Reorg. Plan No. I of 1939, § 201, 4 F.R. 2728 53 Stat. 1424, set out in the Appendix to Title 5, Government Or- ganization and Employees. Federal Security Agency abolished by section 8 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, and its functions trans- ferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5. Functions of Department of Health, Education, and Welfare (relating to education) transferred to Secretary of Education by section 3441 of Title 20, Education. Government Hospital for the Insane—Designated St. Elizabeths Hospital by act July 1, 1916, ch. 209, § 1, 39 Stat. 309—Transferred to Federal Security Agency by Reorg. Plan No. IV of 1940, § 11, 5 F.R. 2422, 54 Stat. 1236, set out in the Appendix to Title 5, Government Organi- zation and Employees. Federal Security Agency abol- ished by section 8 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, and its functions transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Ap- pendix to Title 5. Department of Health, Education, and Welfare redesignated Department of Health and Human Services by section 3508(b) of Title 20, Edu- cation. Columbia Asylum for the Deaf and Dumb—Des- ignated ‘‘Columbia Institution for the Deaf’’ by act Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1422, thereafter ‘‘Gal- laudet College’’ by act June 18, 1954, ch. 324, § 1, 68 Stat. 265, and subsequently ‘‘Gallaudet University’’ by Pub. L. 99–371, title I, § 101(a), Aug. 4, 1986, 100 Stat. 781.— Transferred to Federal Security Agency by Reorg. Plan No. IV of 1940, § 11, 5 F.R. 2422, 54 Stat. 1236. Federal Se- curity Agency abolished by section 8 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Govern- ment Organization and Employees, and functions trans- ferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5. Functions of Department of Health, Education, and Welfare (relating to education) transferred to Secretary of Education by section 3441 of Title 20, Education. See, also, section 4301 et seq. of Title 20. The following subjects and agencies were placed under supervision of Secretary of the Interior by acts and executive orders cited thereto: Alaska Railroad—Ex. Ord. No. 3861 of June 8, 1923, pursuant to act Mar. 12, 1914, ch. 37, 38 Stat. 305, and Ex. Ord. 11107 of Apr. 25, 1963. For transfer to Secretary of Transportation of administration of Alaska Railroad and functions authorized to be carried out by Secretary of the Interior pursuant to Ex. Ord. No. 11107, Apr. 25, 1963, 28 F.R. 4225, relative to operation of railroad, see section 6(i) of Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 941, which was classified to section 1655(i) of former Title 49, Transportation, prior to repeal by Pub. L. 97–468, title VI, § 615(a)(4), Jan. 14, 1983, 96 Stat. 2579. Alaska Railroad transferred to State of Alaska on Jan. 5, 1985, pursuant to section 1203 of Title 45, Railroads, see sec- tion 615(a) of Pub. L. 97–468. Alaska Road Commission—Act June 30, 1932, ch. 320, § 1, 47 Stat. 446—Transferred to Department of Com- merce by act June 29, 1956, ch. 462, title I, § 107, 70 Stat. 377, and terminated by act June 25, 1959, Pub. L. 86–70, § 21(d)(7), 73 Stat. 146. Bureau of Mines—Transferred to Department of Com- merce by Ex. Ord. No. 4239 of June 4, 1925; retransferred to Department of the Interior by Ex. Ord. No. 6611 of Feb. 22, 1934. Functions of Secretary of the Interior, Department of the Interior, and officers and components of Depart- ment of the Interior exercised by Bureau of Mines re- lating to fuel supply and demand analysis and data gathering, research and development relating to in- creased efficiency of production technology of solid fuel minerals other than research relating to mine health and safety and research relating to environmental and leasing consequences of solid fuel mining, and coal preparation and analysis transferred to Secretary of Energy by section 7152(d) of Title 42, The Public Health and Welfare. Subsequently, those functions transferred to, and vested in, Secretary of the Interior, by section 100 of Pub. L. 97–257, 96 Stat. 841, set out as a note under section 7152 of Title 42. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see note set out under section 1 of Title 30, Mineral Lands and Mining. Bureau of Reclamation—Act June 17, 1902, ch. 1093, 32 Stat. 388. Power marketing functions of Bureau of Reclama- tion, including construction, operation, and mainte- nance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(D), (3) of Title 42, The Public Health and Wel- fare, and to be exercised by Secretary through a sepa- rate Administration within Department of Energy. Division of Territories and Island Possessions—Ex. Ord. No. 6726 of May 29, 1934. Functions of Division Page 378 TITLE 43—PUBLIC LANDS § 1457 transferred to Office of Territories established July 28, 1950, pursuant to Secretarial Order No. 2577. Office of Territories ceased to exist on June 30, 1971, and its functions assigned to Deputy Assistant Secretary for Territorial Affairs in Office of the Assistant Secretary for Public Land Management by Secretarial Order No. 2942, eff. July 1, 1971. Subsequently, functions and re- sponsibilities of Deputy Assistant Secretary were as- sumed by Office of Territorial Affairs, headed by a Di- rector, established by Secretarial Order No. 2951 of Feb. 6, 1973. Functions and responsibilities of Office of Terri- torial Affairs transferred to Office of Assistant Sec- retary for Territorial and International Affairs estab- lished by Secretarial Order No. 3046 of Feb. 14, 1980, as amended May 14, 1980. 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, set out in the Appendix to Title 5, Government Organization and Employees. Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, was succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1119. See section 742b of Title 16, Conserva- tion. 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 the Interior, by Reorg. Plan No. II of 1939, § 4(c), eff. July 1, 1939, set out in the Appendix to Title 5, Government Organization and Employees. Its functions, records, property, and personnel were subsequently transferred from Solicitor to Bituminous Coal Consumers’ Counsel. Petroleum conservation—Section 3 of Ex. Ord. No. 10752, eff. Feb. 12, 1958, 23 F.R. 973, superseded Ex. Ord. No. 6979, eff. Feb. 28, 1935, Ex. Ord. No. 7756, eff. Dec. 1, 1937, 2 F.R. 2664, and Ex. Ord. No. 9732, eff. June 3, 1946, 11 F.R. 5985, formerly classified as notes to this section. EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Secretary of the Interior, see Parts 1, 2, and 10 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. Executive Documents EXECUTIVE ORDER NO. 9633 Ex. Ord. No. 9633, eff. Sept. 28, 1945, 10 F.R. 12305, which reserved and placed certain resources of the Con- tinental Shelf under the control and jurisdiction of the Secretary of the Interior, was revoked by Ex. Ord. No. 10426, eff. Jan. 16, 1953, 18 F.R. 405. EX. ORD. NO. 12906. COORDINATING GEOGRAPHIC DATA AC- QUISITION AND ACCESS: THE NATIONAL SPATIAL DATA INFRASTRUCTURE Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, as amended by Ex. Ord. No. 13286, § 25, Feb. 28, 2003, 68 F.R. 10624, provided: Geographic information is critical to promote eco- nomic development, improve our stewardship of nat- ural resources, and protect the environment. Modern technology now permits improved acquisition, distribu- tion, and utilization of geographic (or geospatial) data and mapping. The National Performance Review has recommended that the executive branch develop, in co- operation with State, local, and tribal governments, and the private sector, a coordinated National Spatial Data Infrastructure to support public and private sec- tor applications of geospatial data in such areas as transportation, community development, agriculture, emergency response, environmental management, and information technology. NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States of America; and to implement the rec- ommendations of the National Performance Review; to advance the goals of the National Information Infra- structure; and to avoid wasteful duplication of effort and promote effective and economical management of resources by Federal, State, local, and tribal govern- ments, it is ordered as follows: SECTION 1. DEFINITIONS. (a) ‘‘National Spatial Data Infrastructure’’ (‘‘NSDI’’) means the technology, poli- cies, standards, and human resources necessary to ac- quire, process, store, distribute, and improve utiliza- tion of geospatial data. (b) ‘‘Geospatial data’’ means information that identi- fies the geographic location and characteristics of nat- ural or constructed features and boundaries on the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies. Statistical data may be included in this definition at the discretion of the collecting agency. (c) The ‘‘National Geospatial Data Clearinghouse’’ means a distributed network of geospatial data pro- ducers, managers, and users linked electronically. SEC. 2. EXECUTIVE BRANCH LEADERSHIP FOR DEVELOPMENT OF THE COORDINATED NATIONAL SPATIAL DATA INFRASTRUCTURE. (a) The Federal Geographic Data Committee (‘‘FGDC’’), established by the Office of Management and Budget (‘‘OMB’’) Cir- cular No. A–16 (‘‘Coordination of Surveying, Mapping, and Related Spatial Data Activities’’) and chaired by the Secretary of the Department of the Interior (‘‘Sec- retary’’) or the Secretary’s designee, shall coordinate the Federal Government’s development of the NSDI. (b) Each member agency shall ensure that its rep- resentative on the FGDC holds a policy-level position. (c) Executive branch departments and agencies (‘‘agencies’’) that have an interest in the development of the NSDI are encouraged to join the FGDC. (d) This Executive order is intended to strengthen and enhance the general policies described in OMB Cir- cular No. A–16. Each agency shall meet its respective responsibilities under OMB Circular No. A–16. (e) The FGDC shall seek to involve State, local, and tribal governments in the development and implemen- tation of the initiatives contained in this order. The FGDC shall utilize the expertise of academia, the pri- vate sector, professional societies, and others as nec- essary to aid in the development and implementation of the objectives of this order. SEC. 3. DEVELOPMENT OF A NATIONAL GEOSPATIAL DATA CLEARINGHOUSE. (a) Estab- lishing a National Geospatial Data Clearinghouse. The Secretary, through the FGDC, and in consultation with, as appropriate, State, local, and tribal govern- ments and other affected parties, shall take steps with- in 6 months of the date of this order, to establish an electronic National Geospatial Data Clearinghouse (‘‘Clearinghouse’’) for the NSDI. The Clearinghouse shall be compatible with the National Information In- frastructure to enable integration with that effort. (b) Standardized Documentation of Data. Beginning 9 months from the date of this order, each agency shall document all new geospatial data it collects or pro- duces, either directly or indirectly, using the standard under development by the FGDC, and make that stand- ardized documentation electronically accessible to the Clearinghouse network. Within 1 year of the date of this order, agencies shall adopt a schedule, developed in consultation with the FGDC, for documenting, to the extent practicable, geospatial data previously collected or produced, either directly or indirectly, and making that data documentation electronically accessible to the Clearinghouse network. (c) Public Access to Geospatial Data. Within 1 year of the date of this order, each agency shall adopt a plan, in consultation with the FGDC, establishing procedures to make geospatial data available to the public, to the extent permitted by law, current policies, and relevant OMB circulars, including OMB Circular No. A–130 Page 379 TITLE 43—PUBLIC LANDS § 1457a 1 See References in Text note below. (‘‘Management of Federal Information Resources’’) and any implementing bulletins. (d) Agency Utilization of the Clearinghouse. Within 1 year of the date of this order, each agency shall adopt internal procedures to ensure that the agency accesses the Clearinghouse before it expends Federal funds to collect or produce new geospatial data, to determine whether the information has already been collected by others, or whether cooperative efforts to obtain the data are possible. (e) Funding. The Department of the Interior shall pro- vide funding for the Clearinghouse to cover the initial prototype testing, standards development, and moni- toring of the performance of the Clearinghouse. Agen- cies shall continue to fund their respective programs that collect and produce geospatial data; such data is then to be made part of the Clearinghouse for wider ac- cessibility. SEC. 4. DATA STANDARDS ACTIVITIES. (a) General FGDC Responsibility. The FGDC shall develop standards for implementing the NSDI, in consultation and co- operation with State, local, and tribal governments, the private and academic sectors, and, to the extent feasible, the international community, consistent with OMB Circular No. A–119 (‘‘Federal Participation in the Development and Use of Voluntary Standards’’), and other applicable law and policies. (b) Standards for Which Agencies Have Specific Respon- sibilities. Agencies assigned responsibilities for data cat- egories by OMB Circular No. A–16 shall develop, through the FGDC, standards for those data categories, so as to ensure that the data produced by all agencies are compatible. (c) Other Standards. The FGDC may from time to time identify and develop, through its member agencies, and to the extent permitted by law, other standards nec- essary to achieve the objectives of this order. The FGDC will promote the use of such standards and, as appropriate, such standards shall be submitted to the Department of Commerce for consideration as Federal Information Processing Standards. Those standards shall apply to geospatial data as defined in section 1 of this order. (d) Agency Adherence to Standards. Federal agencies collecting or producing geospatial data, either directly or indirectly (e.g. through grants, partnerships, or con- tracts with other entities), shall ensure, prior to obli- gating funds for such activities, that data will be col- lected in a manner that meets all relevant standards adopted through the FGDC process. SEC. 5. NATIONAL DIGITAL GEOSPATIAL DATA FRAMEWORK. In consultation with State, local, and tribal governments and within 9 months of the date of this order, the FGDC shall submit a plan and schedule to OMB for completing the initial implementation of a national digital geospatial data framework (‘‘frame- work’’) by January 2000 and for establishing a process of ongoing data maintenance. The framework shall in- clude geospatial data that are significant, in the deter- mination of the FGDC, to a broad variety of users with- in any geographic area or nationwide. At a minimum, the plan shall address how the initial transportation, hydrology, and boundary elements of the framework might be completed by January 1998 in order to support the decennial census of 2000. SEC. 6. PARTNERSHIPS FOR DATA ACQUISITION. The Secretary, under the auspices of the FGDC, and within 9 months of the date of this order, shall develop, to the extent permitted by law, strategies for maxi- mizing cooperative participatory efforts with State, local, and tribal governments, the private sector, and other nonfederal organizations to share costs and im- prove efficiencies of acquiring geospatial data con- sistent with this order. SEC. 7. SCOPE. (a) For the purposes of this order, the term ‘‘agency’’ shall have the same meaning as the term ‘‘Executive agency’’ in 5 U.S.C. 105, and shall in- clude the military departments and components of the Department of Defense. (b) The following activities are exempt from compli- ance with this order: (i) national security-related activities of the De- partment of Defense as determined by the Secretary of Defense; (ii) national defense-related activities of the De- partment of Energy as determined by the Secretary of Energy; (iii) intelligence activities as determined by the Di- rector of Central Intelligence; and (iv) the national security-related activities of the Department of Homeland Security as determined by the Secretary of Homeland Security. (c) The NSDI may involve the mapping, charting, and geodesy activities of the Department of Defense relat- ing to foreign areas, as determined by the Secretary of Defense. (d) This order does not impose any requirements on tribal governments. (e) Nothing in the order shall be construed to con- travene the development of Federal Information Proc- essing Standards and Guidelines adopted and promul- gated under the provisions of section 111(d) of the Fed- eral Property and Administrative Services Act of 1949 [former 40 U.S.C. 759(d)], as amended by the Computer Security Act of 1987 (Public Law 100–235), or any other United States law, regulation, or international agree- ment. SEC. 8. JUDICIAL REVIEW. This order is intended only to improve the internal management of the execu- tive branch and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit or trust responsibility, sub- stantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. § 1457a. Authorization of appropriations for par- ticular programs (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 Sep- tember 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 Sep- tember 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 appro- priation targets for such fiscal years should be: not less than $275,000,000 to be appropriated an- nually pursuant to the provisions of chapter 2003 of title 54; not less than $30,000,000 to be appro- priated 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 author- ized by law; not less than $239,000,000 to be ap- propriated 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-