with respect to such ordinances or resolutions to the official originally passing upon such ordinances or resolutions.

(e) The authority delegated to the Commissioner of Indian Affairs in this section is in addition to, and not a limitation upon, other delegations of authority made to the Commissioner.

(Secs. 15-18 issued under 5 U.S.C., sec. 22; 25 U.S.C., secs. 1a, 2)

SEC. 19. Litigation; Five Civilized Tribes. The Superintendent for the Five Civilized Tribes may exercise the authority of the Secretary (a) to make determinations against the removal to the United States district court of cases in which notices have been served upon the Superintendent under section 3 of the act of April 12, 1926 (44 Stat. 239), and (b) to submit to the Department of Justice recommendations for the removal of such cases to the United States district court. (5 U.S.C., sec. 22; 25 U.S.C., secs. 1a, 2; 61 Stat. 732)

SEC. 20. State Directors; officers in charge. State Directors and officers in charge of areas formerly encompassed in Regions Nos. 1, 4, and 5 of the Bureau of Indian Affairs may severally exercise within their respective jurisdictions such authority as has been redelegated by the Commissioner of Indian Affairs to District Directors in the regulations appearing in 25 CFR §§ 02.3 to 02.10, as amended.

SEC. 21. Navajo Agency. (a) The Superintendent of the Navajo Agency also may exercise the authority described in section 20 of this order.

(b) The Superintendent may approve applications of enterprises for the economic development of the Tribe, if the indebtedness of the borrower, exclusive of indebtedness repayable in kind, will not exceed $25,000, and he may approve modifications of applications and plans of operations theretofore approved, if the indebtedness of the borrower, exclusive of indebtedness repayable in kind, is $25,000 or less.

SEC. 22. Headquarters officials. The Directors and Assistant Directors of divisions in the office of the Commissioner of Indian Affairs and the Chief Counsel and Assistant Chief Counsel of the Bureau of Indian Affairs are severally empowered to exercise the authority of the Commissioner of Indian Affairs in respect to deeds, contracts, mail, and other documents.

(Secs. 20, 21, and 22 issued under 5 U.S.C., sec. 22)

SEC. 25. Subdelegation. The authority conferred upon the Commissioner in this order may be subdelegated by him to the Assistant Commissioners of Indian Affairs, to District Directors of the Bureau of Indian Affairs, or to Superintendents of Indian agencies. The Commissioner also may subdelegate to the Assistant Commissioners, the District Directors, or to the Superintendents of Indian agencies the authority conferred upon the Commissioner by the general regulations appearing in 25 CFR, insofar as such authority relates to action in individual cases. Any

subdelegation of authority pursuant to this section shall provide for appeals to the Commissioner, and thereafter to the Secretary of the Interior, from actions taken by District Directors and Superintendents. (5 U.S.C., sec. 22, 25 U.S.C., secs. 1a, 2, 2a).

SEC. 100. Revocations; saving clause. (a) This order supersedes Subpart J-Bureau of Indian Affairs, of Part 4, Title 43, Code of Federal Regulations, as amended (Orders Nos. 2161, 2252, 2311, 2326, 2335, 2356), and Order No. 2502 (13 F.R. 8718).

(b) Subdelegations of authority_which have been made pursuant to 43 CFR, Part 4, Subpart J and which are in force on the effective date of this order shall remain in force until revoked or superseded by subdelegations made under this order.

J. A. KRUG, Secretary of the Interior.

January 11, 1949.

[Order 2509]

DELEGATIONS OF AUTHORITY;
GENERAL

SECTION 1. Under Secretary and Assistant Secretaries. The Under Secretary and the Assistant Secretaries may severally exercise all the authority of the Secretary of the Interior with respect to any matters which come before them, (5 U.S.C., 22, 481a, 482, 483)

SEC. 2. 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, dated October 26, 1946 (11 F.R. 12697) to perform the duties of the absent Assistant Secretary or of the vacant position. While performing such duties, the Solicitor may exercise all the authority of the Secretary of the Interior with respect to any matters which come before him. (5 U.S.Č., 22, 483a; E. O. 9794)

SEC. 22. 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 on Indian irrigation projects shall be allowed in whole or in part or shall be disallowed.

(b) Subject to the direction and supervision of the Solicitor, the Regional Counsels of the Bureau of Indian Affairs are severally authorized to determine whether claims not exceeding $1,000 for damages arising out of the survey, construction, operation, or maintenance of irrigation works on Indian irrigation projects shall be allowed in whole or in part or shall be disallowed.

(c) Any award which may be made by the Solicitor pursuant to paragraph (a) of this section or by a Regional Counsel pursuant to paragraph (b) of this section and which is accepted by the claimant in full satisfaction of his claim shall be paid out

SEC. 25. Appeals from Examiners of Inheritance. The Solicitor of the Department of the Interior may exercise all the authority of the Secretary of the Interior with respect to the disposition of appeals to the Secretary under 25 CFR, 1947 Supp., 81.19, from decisions of Examiners of Inheritance of the Bureau of Indian Affairs. (5 U.S.C., 22)

SEC. 26. Escheat. The Solicitor of the Department of the Interior may exercise all the authority of the Secretary of the Interior with respect to the disposition of the estates of Indian decedents which are transmitted to the Secretary for decision under 25 CFR, 1947 Supp., 81.21. (5 U.S.C., 22)

SEC. 50. Contracts; Bureaus. (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.

(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 and which are in force on the effective date of this section, shall remain in force until revoked superseded by redelegations made by the heads of bureaus under this section.

or

(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, as amended (16 U.S.C., 832 et seq.) (5 U.S.C., 22; Articles 3, 4, and 9, U.S. Standard Form No. 23, Articles 2 and 5, U.S. Standard Form No. 32, Condition 4, U.S. Standard Form No. 33.)

*

SEC. 52. 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 request 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, modi

fication, 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 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 Bonneville Power Administrator, whose authority concerning leases is derived from the act of August 20, 1937, as amended (16 U.S.C., 832 et seq.). (5 U.S.C., 22)

SEC. 60. 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. This section shall not be construed as a limitation upon the authority of the Bonneville Power Administrator with respect to the institution of condemnation proceedings and the execution of declarations of taking under section 12 of the Bonneville Project Act, as amended (16 U.S.C., 832). (5 U.S.C., 22)

SEC. 61. 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. (5 U.S.C., 22)

SEC. 100. Revocations; saving clause.

PROCLAMATION ESTABLISHING A RESERVE FOR THE NATIVE INHABITANTS OF THE VILLAGE OF BARROW, ALASKA

By virtue of the authority vested in the Secretary of the Interior by section 2 of the act of May 1, 1936 (49 Stat. 1250, U.S.C. title 48, sec. 358a), the following described public lands in Alaska are hereby withdrawn from settlement, location, sale, or entry, and reserved to the Native Village of Barrow, Alaska, namely, all that area bounded as follows:

Beginning at a point on the east end of Peard Bay on the Arctic Coast of Alaska, 100 yards west of a cabin, in approximate latitude 70°50' N., longitude 158°20′ W.; thence south 2 miles; thence northeasterly following a line parallel to and 2 miles distant from the shore of the Arctic Ocean to a point due east of a point on the shore 2 miles northeasterly of the Village of Sinaru; thence due east to the west shore of Dease Inlet; thence northeasterly, westerly and southwesterly along the

shore, at extreme low tide, of Dease Inlet, the Arctic Ocean, and Peard Bay to the point of beginning, together with all rocks and islands within 10 miles of the said shore.

Together with the following area, to be designated as the Barrow Coal Reserve, namely, all that area bounded as follows:

Beginning at a point one mile north of a point on the west bank of the Meade River about 10 miles south of the big bend of that river and opposite the Eskimo village site of Atkasuk, at approximate longitude 157°6' W., latitude 70°30' N., thence one mile east, thence two miles south, thence two miles west, thence two miles north, thence one mile east to the point of beginning.

The foregoing order is estimated to cover approximately 750 square miles.

All oil and gas deposits underlying the lands withdrawn by this order are reserved to the United States.

This order shall be subject to the following prior withdrawals:

(1) Executive Order of May 4, 1907, reserving an area at Barrow for school purposes, now designated as U.S. Survey No. 2244, embracing 8.96 acres.

(2) Executive Order No. 3797-A of February 27, 1923, establishing a naval petroleum reserve, as amended by Public Land Order No. 289 of July 20, 1945.

(3) Executive Order No. 6132 of May 15, 1933, which withdrew 14.1 acres of land at Point Barrow for use as a radio station by the War Department.

(4) Public Land Order No. 151 of July 19, 1943, which withdrew 1.7 acres of land near Barrow as Air Navigation Site No. 205 for the use of the Civil Aeronautics Administration, Department of Com

merce.

This order shall be further subject to any valid existing rights or claims acquired prior to the date hereof and shall become effective only upon its approval by a majority vote of the natives residing in the above-described area, voting in the manner prescribed in the said section 2 of the act of May 1, 1936.

This order is also subject to the condition that a relinquishment be filed with the United States by duly authorized representatives of the native inhabitants of the Village of Barrow, acting in their behalf, relinquishing all claims of said villagers or any clans, families or subdivisions thereof to present possessory rights to lands outside the area herein reserved.

This proclamation shall in no way impair the right of the Natives of the Village of Barrow, through their municipal organization or otherwise, to manage their own economic and political affairs and otherwise to exercise all rights of citizenship. Done in the city of Washington, D.C., this 30th day of November 1949.

J. A. KRUG,
Secretary of the Interior.

ORDER DESIGNATING RESERVATION FOR THE INDIANS OF HYDABURG, ALASKA

Pursuant to the authority vested in the Secretary of the Interior by section 2 of the act of May 1, 1936 (49 Stat. 1250, 48 U.S.C., 1946 ed., sec. 358a), it is ordered that the following described area, including the town reserve established for the

native village of Hydaburg by Executive Order 4712 (August 30, 1927), shall be, and the same hereby is, designated as a reservation for the use and occupancy of the Indians of Hydaburg, Alaska:

Beginning at a point at the head of Soda Bay, approximate latitude 55°17′ N., longitude 132°55′ W.; from the initial point, at lowest low tide, westerly along the line of lowest low tide on the south shore of Soda Bay to a point opposite Halibut Nose; southeasterly along the line of lowest low tide on the north shore of North Pass and the east shore of Sukkwan Strait to Eek Point; northerly along the line of lowest low tide on the west shore of Hetta Inlet to a point one mile above Deer Bay; northerly and westerly along the divide at the head of the drainage into Sukkwan Strait and North Pass to the point of beginning; and Sukkwan Island; and including the rocks and islets within 3,000 feet from such shores; and further including all lakes within the foregoing areas, all inlets where the distance from shore to shore is less than 1,000 feet, all streams, and the waters within 500 yards of the mouth of each such stream as defined pursuant to the act of April 16, 1934 (48 Stat. 594, 48 U.S.C., 1946 ed., secs. 232, 233); and also including the waters and submerged lands adjacent to such uplands and extending 3,000 feet from the shore line at mean low tide; and also including the cemetery on island outside of Hunter Bay, Prince of Wales Island, the cemetery on center island between Howkan and Dall Island, the cemetery on east side of Sukkwan Narrows, Sukkwan Island, the cemetery on south end of Jackson Island, south of Sukkwan Island, the cemetery at Klinkwan, Prince of Wales Island, the cemetery at Howkan, Long Island, and the cemetery at Cape Muzon, Dall Island, the exact boundaries of each cemetery site to be determined at the time of survey by the Bureau of Land Management and the cemetery sites not to exceed in the aggregate 160 acres: Provided, however, That any patented lands are excluded from the reservation designated in this order: And provided, further, That if the Supreme Court of the United States shall decide in the pending case of Frank Hynes v. Grimes Packing Co., et al. that waters and submerged lands below low tide cannot properly be reserved for Alaskan natives under section 2 of the act of May 1, 1936, supra, the phrase "and also including the waters and submerged lands adjacent to such uplands and extending 3,000 feet from the shore line at mean low tide" in this order shall be ineffective.

This order shall be subject to any valid existing rights or claims acquired prior to the date hereof and shall become effective only upon its approval by a majority vote of the natives residing in the above-described area, voting in the manner prescribed in the said section 2 of the act of May 1, 1936, and upon the following conditions:

(1) That a stipulation be filed in the Court of Claims by the plaintiffs in the pending suit of the Tlingit and Haida Tribes against the United States, withdrawing all claims of the said tribes or either of them or any town, village, community, land, clan, family, or other subdivisions of either of the plaintiff tribes, to a present possessory interest outside of the area herein reserved and within an area of approximately 905,000 acres hitherto claimed by the natives of the Village of Hydaburg, which area is more specifically described in the petition of the said natives filed with the Secretary of the Interior on June 28, 1944 and amended on September 18, 1944.

(2) That in the interest of conservation and the coordination of timber development in Southeastern Alaska, all commercial disposition of standing timber within the Hydaburg town reserve shall be subject to regulations of the Forest Service of the Department of Agriculture, reserving however to the natives the right to all revenues derived from the sale or disposition of such timber.

This proclamation shall in no way im

pair the right of the natives of Hydaburg, through their municipal organization or otherwise, to manage their own economic and political affairs and otherwise to exercise all rights of citizenship.

Done in the city of Washington, D.C., this 30th day of November 1949.

J. A. KRUG,

Secretary of the Interior.

PROCLAMATION ESTABLISHING A RESERVE FOR THE INHABITANTS OF THE NATIVE VILLAGES OF SHUNGNAK AND KOBUK, ALASKA, AND VICINITY

Pursuant to the authority vested in the Secretary of the Interior by section 2 of the act of May 1, 1936, 49 Stat. 1250 (U.S.C. title 48, sec. 358a), the following described public lands hereinafter designated Area (A), excepting there from the lands hereinafter designated Area (B) only to the extent necessary to permit location under the mining laws, are hereby reserved for the exclusive use and occupancy of the native inhabitants of the Villages of Shungnak and Kobuk, Alaska, and vicinity:

Area A. Beginning at a point on the right bank of the Kobuk River one mile below the mouth of the Ambler River, in approximate latitude 67°05' N., longitude 157 53' W.; thence north 12 miles; thence east, crossing the Ambler, the Shungnak and the Kogoluktuk Rivers to longitude 156 N.; thence south to latitude 67 N.; thence east to longitude 155°30′ W.; thence south to the left bank of the Kobuk River; thence west to longitude 156 W.; thence south to latitude 66°30′ N.; thence west approximately 13.5 miles to the divide between the headwaters of the Selawik and Pah Rivers; thence in northwesterly courses, along the summit of foresaid divide, to the summit of the divide between the Selawik and Pick Rivers; thence along the summit of this divide to the left bank of the Kobuk River: thence down stream, with the left bank of the Kobuk River, to a point due south of the place of beginning; thence north. crossing the Kobuk River, to the point of beginning: enclosing an area of approximately 2.300 square miles. Area B. Beginning at a point on the left bank of the Shungnak River at the crossing of the winter trail of an approximate latitude 66° 59' N.; thence east 17 miles to the right bank of the Koguluktuk River; thence upstream along said bank to the mouth of Riley Creek, thence along the left bank of Riley Creek to the confluence of Riley and Ryan Creeks; thence north 1.5 miles; thence west approximately 11.5 miles to the right bank of the Shungnak River; thence downstream with said bank to a point due west of the place of beginning; thence east across the Shungnak River to the place of beginning, enclosing an area of approximately 88 square miles, provided, that free ingress and egress shall be permitted at all times for the above described excluded area along a right-of-way, 150' in width, which shall commence on the left bank of the mouth of the Shungnak River; thence in a northerly direction touching the more easterly meanderings of the left bank of said river, until it shall reach the point of intersection of the winter trail and the south boundary of the above described lands excluded from Area (A).

This order shall be subject to any valid existing rights or claims acquired prior to the date hereof and shall become effective only upon its approval by a majority vote of the natives residing in the above-described area, voting in the manner prescribed in the said section 2 of the act of May 1, 1936, and upon the following condition: That the acceptance of this reserve by the native inhabitants of Shungnak and Kobuk Villages voting in the manner prescribed in the said section 2 of the act of May 1, 1936 shall constitute a relinquishment by the said villages or any clan, family or subdivision thereof, to present

2. Paragraphs (b) and (c) of section 22 of Order No. 2509 (14 F.R. 307) are amended so as to read as follows:

SEC. 22. Claims relating to irrigation works. ✶✶✶*

(b) Subject to the direction and supervision of the Solicitor, the Area Counsels of the Bureau of Indian Affairs are severally authorized to determine whether claims not exceeding $1,000 for damages arising out of the survey, construction, operation, or maintenance of irrigation works on Indian irrigation projects shall be allowed in whole or in part or shall be disallowed.

(c) Any award which may be made by the Solicitor pursuant to paragraph (a) of this section or by an Area Counsel pursuant to paragraph (b) of this section and which is 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.

OSCAR L. CHAPMAN,
Secretary of the Interior.
December 7, 1949.

EXECUTIVE ORDER 10091

Extension of Trust Periods on Indian Lands Expiring During the Calendar Year 1950

By virtue of and pursuant to the authority vested in me by section 5 of the act of February 8, 1887, 24 Stat. 388, 389, by the act of June 21, 1906, 34 Stat. 325, 326, and by the act of March 2, 1917, 39 Stat. 969, 976, and other applicable provisions of law, it is hereby ordered that the periods of trust or other restrictions against alienation contained in any patent applying to Indian lands, whether of a tribal or individual status, which, unless extended, will expire during the calendar year 1950, be, and they are hereby, extended for a further period of twenty-five years from the date on which any such trust would otherwise expire.

This order is not intended to apply to any case in which the Congress has specifically reserved to itself authority to extend the period of trust on tribal or individual Indian lands.

HARRY S. TRUMAN

THE WHITE HOUSE, December 11, 1949.