Law Encyclopedia:
Interior Department
This entry contains information applicable to United States law only. The Interior Department is a federal department responsible for the United States' natural resources and for land owned by the federal government. The department fulfills this responsibility by promulgating and enforcing numerous regulations concerning natural resources and public lands. The head of the Interior Department is the secretary of the interior, who sits on the president's cabinet and reports directly to the president.
The Department of the Interior was created by Congress in 1849 (9 Stat. 395 [43 U.S.C.A. § 1451]). The original duties of the Interior Department included supervision of all mining in the United States, the General Land Office, the Office of Indian Affairs, the Pension Office, the Patent Office, the District of Columbia penitentiary, the U.S. census, and accounts for federal court officers. These agencies and duties had little in common except that their focus was within U.S. borders, and they were out of place in other departments.
As a result of the continuing search for streamlined organization in government, the Interior Department eventually dropped a number of its original duties and developed an emphasis on natural resources. The department has retained responsibility for mining, federal lands, and American Indian issues. Over the years, it has added several offices and bureaus to help fulfill its responsibilities.
The chief functions of the Interior Department include efforts to conserve and develop mineral and water resources; conserve, develop, and utilize fish and wildlife resources; coordinate federal and state recreation programs; preserve and administer scenic and historic areas; operate the Job Corps Conservation Centers and Youth and Young Adult Conservation Corps Camps, and other youth training programs; irrigate arid lands; manage hydroelectric systems; provide social and economic services to U.S. territories; and provide programs and services to Native Americans and native Alaskans.
The Interior Department contains several different offices, departments, and bureaus. The Office of the Secretary includes the Offices of the Deputy Secretary, Assistant Secretaries, and Inspector General. The inspector general is charged with coordinating and supervising interior audits and with performing inspections to detect fraud and abuse. In addition, the inspector general is responsible for supervising the financial activities of U.S. territories such as Guam, American Samoa, and the Virgin Islands. The Office of Hearings and Appeals is also contained within the Office of the Secretary. Persons involved in disputes with the Interior Department may have their case heard at this office.
The hands-on work of the department is performed by several bureaus and services. The Bureau of Reclamation is devoted to the management of water resources. The Bureau of Land Management is in charge of public lands and resources. The U.S. Geological Survey exists to draw a wide variety of maps and to examine and classify public land structures and mineral resources. The Minerals Management Service assesses the value of minerals and supervises mineral recovery. The Office of Surface Mining Reclamation and Enforcement is charged mainly with the operation of a nationwide program on coal mining. The U.S. Bureau of Mines researches mining issues to find the best technology for extracting, processing, using, and recycling nonfuel mineral resources. The National Biological Survey conducts research to promote the sound management of plant and animal life. The National Park Service is dedicated to the preservation of national parks, monuments, scenic parkways, preserves, trails, riverways, seashores, lakeshores, and recreation areas. The U.S. Fish and Wildlife Service is devoted primarily to the conservation and enhancement of the nation's fish and wildlife resources.
One controversial function of the Interior Department is the oversight of Native American affairs. The Bureau of Indian Affairs performs a number of functions having to do with Native American issues. The Interior Department played a dominant role in the drafting of tribal constitutions during the nineteenth century. In the twentieth century, the Bureau of Indian Affairs continued its control over Native American tribes by insisting on review and approval powers over amendments to tribal constitutions.
Like most other federal administrative agencies, the Interior Department is controlled by both Congress and the president. Congress created the Interior Department, and Congress could decide to reduce or eliminate it. However, also like most other administrative agencies, the Interior Department is a political necessity. Lawmakers are generally well versed in a broad range of topics, but few have the knowledge required to craft the best rules and regulations on, for example, mining or land management. The Interior Department possesses such expertise.
On the executive level, the Interior Department reports directly to the president, so the president also exerts control over it. The president has the power to remove and replace department personnel, to propose increases or reductions in responsibilities, and to redirect the department's goals. All these changes must be approved by Congress.
This dual control over the Interior Department makes it subject to political influence. For example, when a new president takes office, he or she will likely make personnel changes in the Interior Department to initiate new programs and directions promised in the campaign. Any high-level appointments to administrative agencies will be reviewed by Congress. If a nominee holds views contrary to the majority in Congress, Congress may reject the nominee, and the president may have to choose one more acceptable to Congress. On the other hand, senators and representatives may be reluctant to resist the actions of a newly elected president for fear of alienating the voting public.
The Interior Department has historically been less concerned with conservation than with development. Interior Secretary Roy O. West commented in 1928 that the Interior Department should have been named the Department of Western Development. In the early twentieth century, U.S. citizens became aware that the resources needed for modern life were not inexhaustible, and the Interior Department gradually recognized the need for conservation. However, the Interior Department's original mission of managing development was at odds with conservation, and the department was incapable of concentrating exclusively on conservation. To fill the void created by this situation, Congress created the Environmental Protection Agency (EPA) in 1970.
Although the EPA has taken over the goals of conservation and pollution control, the Interior Department is still concerned with environmental matters. In 1987, the department reorganized the Bureau of Reclamation to reflect the bureau's new emphasis on management and conservation instead of construction. In the 1990s, Bruce Babbitt, the secretary of the interior under President Bill Clinton, made several changes in the Interior Department to strengthen its environmental protection efforts. For example, in 1993, Babbitt arranged for several hundred scientists from agencies within the department to conduct the National Biological Survey. The purpose of the survey was to study ways to protect the natural habitats of endangered species.
See: Environmental Law; Fish and Fishing; Game; Mine and Mineral Law; Native American Rights.
