velops and supervises the application of sound forestry practices; administers soil and moisture conservation work; and cooperates with other Federal, State, and private agencies concerned with the protection and conservation of lands and natural resources of the United States and Alaska. The Assistant to the Secretary in charge of Land Utilization is Chairman of the Department's Water Resources Committee and cooperates with the Executive Officer of that committee in the coordination of the water development programs of the Department. [Paragraph (c) amended Mar. 10, 1947, 12 F.R. 1774] The Alaska Railroad. [Added] 4.611 Functions relating to unit agreements. [Amended] 4.616 Functions relating to oil and gas sales [Added] agreements or contracts. 4.617 Approval of crude oil exchange agreements. [Added] 4.618 4.621 Approval of communitization or drilling agreements. [Added] Determinations with respect to deposits of fissionable materials. [Cross Reference] 4.622 Functions with respect to minerals in certain acquired lands. [Amended] 4.623 Power site classifications, modifications, and revocations. [Added] 4.624 Submerged lands and tidelands adjacent to California. [Added] Subpart I-National Park Service 4.275 4.261 Functions with respect to minerals in certain acquired lands. [Revised] Functions with respect to various statutes. [Amended] 4.657 ment. [Added] 4.658 4.659 4.276 Functions relating to grazing district administration. [Amended] 4.662 4.663 4.278 Functions relating to surplus real 4.279 4.290 property. [Revised and revoked] [Revoked] Fire protection contracts. Revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands in Oregon. [Added] 4.664 4.665 National Parks. [Added] Concessioners' rates. [Added] Preliminary determinations of bound aries of proposed national monuments. [Added] Waiver of fees. [Added] Concessioners and concession con Subpart J-Bureau of Indian Affairs 4.710 Functions relating to Indian health and welfare matters. [Amended] 4.711 Functions relating to Indian funds and fiscal matters. [Amended] 4.713 Functions relating to Indian lands and minerals. [Amended] 4.714 Functions relating to irrigation matters. [Amended] Sec. 4.715 Functions relating to Indian forestry and grazing matters. [Amended] 4.716 Trade with Indians. [Added] 4.717 Functions relating to tribal ordinances and resolutions. [Added]1 4.718 Functions relating to litigation affecting Indians of the Five Civilized Tribes. [Added] Subpart L-Southwestern Power Administration 4.860 Construction contracts. [Added and superseded] Subpart A-General § 4.1 Supervisory assignments. The following assignments of bureaus and offices are made for supervisory purposes: (a) Secretary and Under Secretary. (2) Program Staff. (i) Oil and Gas Division. (ii) Office of Land Utilization. (3) Office of Information. (4) Division of Power. (i) Bonneville Power Administration. (ii) Southwestern Power Administration. (iii) Power activities of other bureaus. (5) Division of Personnel Supervision and Management. (6) Division of Budget and Administrative Management. (7) Division of Administrative Services. (8) Division of Territories and Island Possessions. (b) Assistant Secretary Davidson. (c) Assistant Secretary Warne. The Secretary or Under Secretary will refer any matter to one of the Assistant Secretaries when the demands upon his time do not permit personal attention. The assignments made in this section shall in no way impair the responsibilities and review functions of the several 1 Section 4.717 appears at 12 F.R. 3567 as § 4.716. policy, legal, or administrative offices of the Department. (R.S. 161, secs. 3, 12, 60 Stat. 238, 244; 5 U.S.C. 22, 1002, 1011) [Order 2344, July 3, 1947, 12 F.R. 4587] § 4.2 Departmental mail. All mail and papers requiring action at the Secretarial level will be set up for signature by "Secretary of the Interior" (and placed on the appropriate letterhead under existing orders, using "Office of the Secretary" in case of doubt). The Secretary's Mail Center will distribute papers and mail in accordance with the assignments made in §4.1, unless instructions to the contrary are issued by a member of the Secretariat. (R.S. 161, secs. 3, 12, 60 Stat. 238, 244; 5 U.S.C. 1002, 1011) [Order 2344, July 3, 1947, 12 F.R. 4588] § 4.3 Succession of authority. The officers of the Department who are authorized to perform the duties of the Secretary of the Interior in case of the death, resignation, absence, or sickness of the Secretary are designated by the President in Executive Order No. 9866 of June 14, 1947, Title 3, supra. (R.S. 161, secs. 3, 12, 60 Stat. 238, 244; 5 U.S.C. 1002, 1011) [Order 2344, July 3, 1947, 12 F.R. 4588] § 4.4 Acting Assistant Secretary. Whenever an Assistant Secretary of the Interior is absent or a vacancy exists in such a position, the Solicitor of the Department is directed, in accordance with Executive Order No. 9794 of October 26, 1946 (3 CFR, 1946 Supp.), to perform the duties of the absent Assistant Secretary or of the vacant position. While performing such duties, the Solicitor may exercise all the powers, authority, and discretion of the Secretary of the Interior with respect to any matter which comes before him. (R. S. 161; 5 U. S. C. 22; E. O. 9794, Oct. 26, 1946, 3 CFR, 1946 Supp.) [Order 2361, Sept. 17, 1947, 12 F.R. 6348] § 4.21 Administrative adjustment of tort claims. (a) The Solicitor of the Department of the Interior is authorized to exercise, execute, and perform any and all powers, authority, and functions conferred upon the Secretary of the Interior by the Federal Tort Claims Act. Counsels of the Bureau of Indian Affairs, and the Regional Counsels of the National Park Service are severally authorized to consider, ascertain, adjust, determine, and settle, pursuant to the provisions of section 403 of the Federal Tort Claims Act, any claim against the United States based upon an act or omission of an employee of the Department of the Interior where the total amount of the claim does not exceed $500, and, without considering its merits, to reject any claim which is for an amount in excess of $1,000. (c) Any claimant who is dissatisfied with the determination made under paragraph (b) of this section regarding his claim may take an appeal to the Solicitor of the Department of the Interior within 15 days after receiving notice of such determination. Written notice of his desire to take an appeal shall be given by the claimant to the official who made the determination upon his claim, and such official shall thereupon promptly transmit to the Solicitor all documents and other data relating to the claim. (R. S. 161, secs. 403, 422, Pub. Law 601, 79th Cong., 60 Stat. 843, 846; 5 U.S.C. 22) [Order 2293, Jan. 31, 1947, 12 F.R. 924] § 4.22 Determination of claims relating to irrigation works. (a) The Solicitor of the Department of the Interior is authorized to determine whether claims for damages arising out of the survey, construction, operation, or maintenance of irrigation works at Indian irrigation projects shall be allowed in whole or in part or shall be disallowed. Any award which may be made by the Solicitor pursuant to this paragraph and which may be accepted by the claimant in full satisfaction of his claim shall be paid out of funds available for the Indian irrigation project involved in the claim. (b) The Solicitor is authorized to determine whether claims for damages arising out of the survey, construction, operation, or maintenance of irrigation works by the Bureau of Reclamation shall be allowed in whole or in part or shall be disallowed. Any award which may be made by the Solicitor pursuant to this paragraph and which may be accepted by the claimant in full satisfaction of his claim shall be paid out of funds available to the Bureau of Reclamation for such purpose. (R. S. 161, 45 Stat. 1252; 5 U. S. C. 22, 25 U. S. C. 388) [Order 2346, July 23, 1947, 12 F.R. 5045] § 4.23 Appeals in public land cases. The Solicitor of the Department of the Interior is authorized to exercise all the powers, authority, and discretion of the Secretary of the Interior with respect to the disposition of appeals to the Secretary from decisions of the Director of the Bureau of Land Management. (R. S. 161; 5 U.S.C. 22) [Order 2392, Dec. 9, 1947, 12 F.R. 8423] § 4.24 Contract appeals. The Solicitor of the Department of the Interior is authorized to decide appeals to the head of the Department from findings of fact or decisions by contracting officers of the Department of the Interior and its several agencies. The decision of the Solicitor on such an appeal shall be final and conclusive on the parties to the contract. (R.S. 161; 5 U.S.C. 22) [Order 2392, Dec. 9, 1947, 12 F.R. 8423] § 4.90 Condemnation proceedings. The head of any bureau of this Department may approve and sign correspondence concerning pleadings, awards, or judgments in condemnation proceedings, and any other routine, incidental, or related correspondence regarding the conduct of such proceedings, without the submission of such matters for Secretarial consideration, except that requests for condemnation proceedings and declarations of taking shall be submitted to the Secretary for consideration and approval: Provided, That this section shall not be construed as a limitation upon the authority of the Administrator of the Bonneville Power Administration with respect to the institution of condemnation proceedings and the execution of declarations of taking under section 12 (b) of the Bonneville Project Act, as amended by the act approved July 26, 1946 (60 Stat. 701). (R.S. 161; 5 U.S.C. 22) CODIFICATION: § 4.90 was added by Order 2301, Secretary of the Interior, Mar. 13, 1947, 12 F.R. 1929. Subsequently the period following the word "approval" was changed to a colon and the proviso set forth above was added, by Order 2323, Secretary of the Interior, May 22, 1947, 12 F.R. 3534. § 4.91 Title opinions. The head of any bureau of this Department may request the Attorney General to render opinions concerning the validity of title pursuant to section 355, Revised Statutes (40 U. S. C. 255), without the submission of such requests to the Secretary for consideration or approval. (R.S. 161; 5 U.S.C. 22) [Order 2301, Mar. 13, 1947, 12 F.R. 1929] § 4.100 Contracts. (a) Irrespective of the amount involved, the head of a bureau may enter into contracts for construction, supplies, or services in conformity with applicable regulations and statutory requirements and subject to the availability of appropriations. Secretarial approval is not a condition precedent to the consummation of such a contract unless the Secretary by a written order published in the FEDERAL REGISTER specifically prescribes such a requirement with respect to a particular contract or type of contract, or unless Secretarial approval is specifically required by statute. However, the head of a bureau may request Secretarial approval of any proposed contract. (b) With respect to any such contract, including a contract approved by the Secretary, the head of a bureau may issue change orders and extra work orders pursuant to the contract, enter into modifications of the contract which are legally permissible, and terminate the contract if such action is legally authorized. (c) Except in those cases in which he is the contracting officer, the head of a bureau may, with respect to contracts entered into on United States standard forms, act as the authorized representative of the Secretary within the meaning of Articles 3 and 4 of Form No. 23 and Article 2 of Form No. 32, and, for the purpose of extending the time within which a contractor may notify a contracting officer of the causes of delay, Article 9 of Form No. 23, Article 5 of Form No. 32, and Condition 4 of Form No. 33. This paragraph shall not affect the authority to deviate from the standard form contracts granted to the Bureau of Reclamation by the Chairman of the Interdepartmental Board of Contracts and Adjustments, with the approval of the Director of the Bureau of the Budget, in the memorandum dated November 26, 1927. (d) The head of a bureau may redelegate to subordinate officials and employees of the bureau, or to the Property and Procurement Officer of the Department, or to the Purchasing Officer, Alaska-Seattle Service Office, the authority granted in this section. Each such redelegation shall be published in the FEDERAL REGISTER. (e) This section is not intended to affect any requirement that proposed programs be cleared with the Office of the Secretary prior to their inauguration. (f) The head of a bureau shall make such reports concerning the exercise of the authority granted by this section as the Secretary may require. The bureaus will be guided by such procedures as the Secretary may from time to time prescribe. (g) Delegations of authority to contract which have been made by the Secretary to subordinate officials or employees of the bureaus, and redelegations of authority to contract which have been made by the heads of bureaus to subordinate officials or employees or to the Purchasing Officer of the Department or to the Purchasing Officer of the AlaskaSeattle Service Office, and which are in force on the effective date of this section, shall remain in force until revoked or superseded by redelegations made by the heads of bureaus under this section. (h) As used in this section, the term "bureau" means The Alaska Railroad, the Alaska Road Commission, the Bureau of Indian Affairs, the Bureau of Land Management, the Bureau of Mines, the Bureau of Reclamation, the Fish and Wildlife Service, the Geological Survey, the National Park Service, the Puerto Rico Reconstruction Administration, and the Southwestern Power Administration. (i) This section has no application to the Bonneville Power Administrator, whose authority to contract is derived from the act of August 20, 1937 (16 U. S. C. 832 et seq.), as amended. (j) This section supersedes: 43 CFR 4.360 and 4.860 (Order No. 2306; 12 F. R. 2036). 43 CFR 4.530, (c) (Order No. 2327; 12 F. R. 3769). Paragraph 1, Order No. 341, dated April 2, 1929. Order No. 1423, dated September 19, 1939. Solicitor's Memorandum, dated April 22, 1942, relating to construction by the Bureau of Mines. Paragraph 10, Order No. 1721, dated August 10, 1942, in so far as it relates to contracts for supplies. Subsections (e) and (f), section I, Order No. 1815, dated May 13, 1943. Order No. 2117, dated October 18, 1945 (10 F. R. 13646). Order No. 2151, dated December 27, 1945 (11 F. R. 1053). (R. S. 161; 5 U.S.C. 22) [Order 2336, June 19, 1947, 12 F.R. 4115] § 4.101 Contracts; Office of the Secretary. (a) Irrespective of the amount involved, the Chief Clerk and the Property and Procurement Officer are severally authorized to enter into contracts for supplies or services (1) for the Office of the Secretary, (2) for bureaus and offices from appropriations entitled "Contingent Expenses, Department of the Interior," and (3) for bureaus and offices and Territorial agencies under special arrangements, such actions to be taken in conformity with applicable regulations and statutory requirements and subject to the availability of appropriations. Secretarial approval is not a condition precedent to the consummation of such a contract unless the Secretary by a written order published in the FEDERAL REGISTER Specifically prescribes such a requirement with respect to a particular contract or type of contract, or unless Secretarial approval is specifically required by statute. (b) With respect to any such contract, including a contract approved by the Secretary, the contracting officer may issue change orders and extra work orders pursuant to the contract, enter into modifications of the contract which are legally permissible, and terminate the contract if such action is legally authorized. (c) Except in those cases in which he is the contracting officer, the Chief Clerk may, with respect to contracts entered into on United States standard forms, act as the authorized representative of the Secretary within the meaning of Article 2 of Form No. 32, and, for the purpose of extending the time within which the contractor may notify a contracting officer of the causes of delay, Article 5 of Form No. 32 and Condition 4 of Form No. 33. (R.S. 161; 5 U.S.C. 22) [Order 2336, June 19, 1947, 12 F.R. 4115] § 4.102 Leases. (a) The head of a bureau may lease space in real estate outside the District of Columbia, in conformity with applicable regulations and statutory requirements and subject to the availability of appropriations. Secretarial approval is not a condition precedent to the consummation of a lease agreement unless the Secretary, by written order published in the FEDERAL REGISTER, prescribes such a requirement with respect to a particular lease or type of lease, or unless Secretarial approval is specifically required by statute. However, the head of a bureau may re quest Secretarial approval of any proposed lease. (b) With respect to any such lease, including a lease approved by the Secretary, the head of a bureau may modify or renew the lease if such action is legally permissible, and may terminate the lease if such action is legally authorized. (c) Proposed leases, renewals, and modifications which would increase the area or rental involved should be cleared either with a division field office or with the Washington office of the Public Buildings Administration unless (1) the lease, modification, or renewal involves the acquisition of office space for a period of less than 6 months at a rental that is lower than $500 per annum, or (2) the lease involves the acquisition of space other than office space at an annual rental of less than $500, or (3) the lease involves space in real estate located outside the borders of the United States. (d) The termination or lapse of a lease which has been cleared by the Public Buildings Administration should be reported to a division field office or the Washington office of that agency. (e) The head of a bureau may redelegate to subordinate officials and employees of the bureau the authority granted in this section. Each such redelegation shall be published in the FEDERAL REGISTER. (f) A copy of U. S. Standard Form 81, "Request for Clearance of Lease," or of Form REM 6, "Request for Clearance of Space," or of P-SC Form No. 6, "Request for Approval of Lease," for each lease and each modification or renewal of a lease shall be transmitted to the Chief Clerk of the Department. If the lease, modification, or renewal has been cleared with a division field office or the Washington office of the Public Buildings Administration, that fact shall be indicated on the copy sent to the Chief Clerk. (g) As used in this section, the term "bureau" means The Alaska Railroad, the Alaska Road Commission, the Alaska-Seattle Service Office, the Bureau of Indian Affairs, the Bureau of Land Management, the Bureau of Mines, the Bureau of Reclamation, the Fish and Wildlife Service, the Geological Survey, the National Park Service, the Puerto Rico Reconstruction Administration, and the Southwestern Power Administration. This section has no application to the |