25 Cfr 5

Pt. 5

25 CFR Ch. I (4–1–07 Edition)

available to the parties upon request
and at their expense.

§ 5.2

PART 5—PREFERENCE IN
EMPLOYMENT
Sec.
5.1 Definitions.
5.2 Appointment actions.
5.3 Application procedure for preference eligibility.
5.4 Information collection.
AUTHORITY: 4 Stat. 737, 25 U.S.C. 43; 22 Stat.
88, 25 U.S.C. 46; 28 Stat. 313, 25 U.S.C. 44; 24
Stat. 389, 25 U.S.C. 348; and 48 Stat. 986, 25
U.S.C. 472 and 479.

[43 FR 2393, Jan. 17, 1978. Redesignated at 47
FR 13327, Mar. 30, 1982, as amended at 49 FR
12702, Mar. 30, 1984]

§ 5.1 Definitions.
For purposes of making appointments to vacancies in all positions in
the Bureau of Indian Affairs a preference will be extended to persons of
Indian descent who are:
(a) Members of any recognized Indian
tribe now under Federal Jurisdiction;
(b) Descendants of such members who
were, on June 1, 1934, residing within
the present boundaries of any Indian
reservation;
(c) All others of one-half or more Indian blood of tribes indigenous to the
United States;
(d) Eskimos and other aboriginal people of Alaska; and
(e) For one (1) year or until the Osage
Tribe has formally organized, whichever comes first, effective January 5,
1989, a person of at least one-quarter
degree Indian ancestry of the Osage
Tribe of Indians, whose rolls were
closed by an act of Congress.

§ 5.3 Application procedure for preference eligibility.
(a) Proof of eligibility must be submitted with the person’s application
for a position.
(b) In order for a person to be considered a preference eligible according to
the standards of § 5.1, they must submit
proof of membership, descendancy or
degree of Indian ancestry as indicated
on rolls or records acceptable to the
Secretary.
[43 FR 2393, Jan. 17, 1978. Redesignated at 47
FR 13327, Mar. 30, 1982]

§ 5.4

Information collection.

The Office of Management and Budget has informed the Department of the
Interior that the information collection requirements contained in part 5
need not be reviewed by them under
the Paperwork Reduction Act (44
U.S.C. 3501 et seq.).

[43 FR 2393, Jan. 17, 1978. Redesignated at 47
FR 13327, Mar. 30, 1982, as amended at 54 FR
283, Jan. 5, 1989]

cprice-sewell on PROD1PC66 with CFR

Appointment actions.

(a) Preference will be afforded a person meeting any one of the standards
of § 5.1 whether the appointment involves initial hiring, reinstatement,
transfer, reassignment or promotion.
(b) Preference eligibles may be given
a Schedule A excepted appointment
under Exception Number 213.3112(a)(7).
However, if the individuals are within
reach on a Civil Service Register, they
may be given a competitive appointment.

[54 FR 283, Jan. 5, 1989]

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