---
kind: "section"
citation: "25 U.S.C. § 5633"
title: "25"
title_heading: "Indians"
number: "5633"
heading: "Under Secretary for Indian Affairs"
release: "119-102"
date: "2026-07-12"
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/25/5611.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 Affairs, who shall report directly to the [Secretary](/usc/25/5611.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/25/5611.md?p=3) for Indian 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/25/5611.md?p=3) for Indian 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/25/5611.md?p=3) approves the assumption.
- (c) **Duties—** In addition to any other duties directed by the [Secretary](/usc/25/5611.md?p=3), the [Under Secretary](/usc/25/5632.md?p=4) shall—
  - (1) coordinate with the Special Trustee for American Indians to ensure an orderly transition of the functions of the Special Trustee to one or more appropriate agencies, offices, or bureaus within the [Department](/usc/25/5632.md?p=2), as determined by the [Secretary](/usc/25/5611.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 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 and [Indian tribes](/usc/25/5611.md?p=1) 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 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.)