Notes on 43 U.S.C. § 141 : US Code - Notes

Search Notes on 43 U.S.C. § 141 : US Code - Notes

EX. ORD. NO. 10355. DELEGATION OF AUTHORITY
Ex. Ord. No. 10355, eff. May 26, 1952, 17 F.R. 4831, as amended
by Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov.
5, 1990, 104 Stat. 1427, 1454, provided:
Section 1. (a) Subject to the provisions of subsections (b), (c),
and (d) of this section, I hereby delegate to the Secretary of the
Interior the authority vested in the President by section 1 of the
act of June 25, 1910, ch. 421, 36 Stat. 847 [this section], and the
authority otherwise vested in him to withdraw or reserve lands of
the public domain and other lands owned or controlled by the United
States in the continental United States or Alaska for public
purposes, including the authority to modify or revoke withdrawals
and reservations of such lands heretofore or hereafter made.
(b) All orders issued by the Secretary of the Interior under the
authority of this order shall be designated as public land orders
and shall be submitted to the Division of the Federal Register,
General Services Administration, for filing and for publication in
the Federal Register.
(c) No order affecting land under the administrative jurisdiction
of any executive department or agency of the Government other than
the Department of the Interior shall be issued by the Secretary of
the Interior under the authority of this order without the prior
approval or concurrence, so far as the order affects such land, of
the head of the department or agency concerned, or of such officer
of the department or agency concerned as the head thereof may
designate for such purpose: Provided, that such officer is required
to be appointed by the President by and with the advice and consent
of the Senate.
(d) Any disagreement between two or more executive departments or
agencies with respect to any proposed withdrawal or reservation
shall be referred to the Director of the Bureau of the Budget [now
Office of Management and Budget] for consideration and adjustment.
The Director may, in his discretion, submit the matter to the
President for his determination.
Sec. 2. The Secretary of the Interior is authorized to issue such
rules and regulations, and to prescribe such procedures, as he may
from time to time deem necessary or desirable for the exercise of
the authority delegated to him by this order.
Sec. 3. The Secretary of the Interior is authorized to redelegate
the authority delegated to him by this order to one or more of the
following-designated officers: the Deputy Secretary of the Interior
and the Assistant Secretaries of the Interior.
Sec. 4. This order supersedes Executive Order No. 9337 of April
24, 1943, entitled "Authorizing the Secretary of the Interior to
Withdraw and Reserve Lands of the Public Domain and Other Lands
Owned or Controlled by the United States".
EX. ORD. NO. 12688. TRANSFER AUTHORITY CHOCTAWHATCHEE NATIONAL
FOREST, FLORIDA
Ex. Ord. No. 12688, Aug. 15, 1989, 54 F.R. 34129, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including Pub. L. No.
668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to ensure that
excess property under the control of the Department of Defense
within and adjacent to the Choctawhatchee National Forest, Florida,
is transferred to the Department of Agriculture for inclusion in
the National Forest, it is hereby ordered as follows:
The Secretary of Defense is hereby delegated the President's
authority under Pub. L. No. 668, 76th Cong., 3d Sess., 54 Stat. 655
(1940), to transfer such property within or adjacent to the
boundaries of Choctawhatchee National Forest, Florida, that is no
longer required for military purposes, to the Secretary of
Agriculture to be restored to national forest status. To the extent
this order delegates the President's authority under Pub. L. No.
668, 76th Cong., 3d Sess., 54 Stat. 655 (1940), to the Secretary of
Defense, it supersedes Executive Order No. 10355 [set out above],
which delegates the President's authority to revoke withdrawals and
reservations of public lands to the Secretary of the Interior. The
Secretary of Defense will document the transaction by letter of
transfer between the Departments. The Secretary of Defense, 30 days
prior to taking any action to transfer property pursuant to this
order, shall notify the Secretary of the Interior of the effective
date and time for "opening" of the lands to relevant land laws. The
authority delegated by this order may be further redelegated within
the Department of Defense.
George Bush.