---
kind: "section"
citation: "25 U.S.C. § 5633"
title: "25"
title_heading: "Indians"
number: "5633"
heading: "Under Secretary for Indian Affairs"
release: "119-102"
url: "https://uscodex.org/usc/25/5633"
units:
  - "Chapter 48 — Indian Trust Asset Reform"
  - "Subchapter III — Improving Efficiency and Streamlining Processes"
---

# §5633. Under Secretary for Indian Affairs

- (a) **Establishment of position—** Notwithstanding any other provision of law, the [Secretary](/usc/25/5632.md?p=3) may establish in the [Department](/usc/25/5632.md?p=2) the position of [Under Secretary](/usc/25/5632.md?p=4) for [Indian](/usc/25/1934.md) Affairs, who shall report directly to the [Secretary](/usc/25/5632.md?p=3).
- (b) **Appointment—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), the [Under Secretary](/usc/25/5632.md?p=4) shall be appointed by the President, by and with the advice and consent of the Senate.
  - (2) **Exception—** The individual serving as the Assistant [Secretary](/usc/25/5632.md?p=3) for [Indian](/usc/25/1934.md) Affairs on June 22, 2016, may assume the position of [Under Secretary](/usc/25/5632.md?p=4) without appointment under [paragraph (1)](#b-1), if—
    - (A) that individual was appointed as Assistant [Secretary](/usc/25/5632.md?p=3) for [Indian](/usc/25/1934.md) Affairs by the President, by and with the advice and consent of the Senate; and
    - (B) not later than 180 days after June 22, 2016, the [Secretary](/usc/25/5632.md?p=3) approves the assumption.
- (c) **Duties—** In addition to any other duties directed by the [Secretary](/usc/25/5632.md?p=3), the [Under Secretary](/usc/25/5632.md?p=4) shall—
  - (1) coordinate with the [Special Trustee](/usc/25/4001.md?p=1) for American [Indians](/usc/25/1934.md) to ensure an orderly transition of the functions of the [Special Trustee](/usc/25/4001.md?p=1) to one or more appropriate agencies, [offices](/usc/25/4001.md?p=4), or bureaus within the [Department](/usc/25/5632.md?p=2), as determined by the [Secretary](/usc/25/5632.md?p=3);
  - (2) to the maximum extent practicable, supervise and coordinate activities and policies of the [BIA](/usc/25/5632.md?p=1) with activities and policies of—
    - (A) the Bureau of Reclamation;
    - (B) the Bureau of Land Management;
    - (C) the [Office](/usc/25/4001.md?p=4) of Natural Resources Revenue;
    - (D) the National Park Service; and
    - (E) the United States Fish and Wildlife Service; and
  - (3) provide for regular consultation with [Indians](/usc/25/1934.md) and [Indian tribes](/usc/25/81.md?p=a-2) that own interests in trust resources and trust fund accounts.
- (d) **Personnel provisions—**
  - (1) **Appointments—** The [Under Secretary](/usc/25/5632.md?p=4) may appoint and fix the compensation of such officers and employees as the [Under Secretary](/usc/25/5632.md?p=4) determines to be necessary to carry out any function transferred under this section.
  - (2) **Requirements—** Except as otherwise provided by law—
    - (A) any officer or employee described in [paragraph (1)](#d-1) shall be appointed in accordance with the civil service laws;
    - (B) the compensation of such an officer or employee shall be fixed in accordance with [title 5](/usc/5.md); and
    - (C) in appointing or otherwise hiring any employee, the [Under Secretary](/usc/25/5632.md?p=4) shall give preference to [Indians](/usc/25/1934.md) in accordance with [section 5116 of this title](/usc/25/5116.md).

## Source credit

(Pub. L. 114–178, title III, § 303, June 22, 2016, 130 Stat. 440.)