§ 472a. — Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC472a]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER V--PROTECTION OF INDIANS AND CONSERVATION OF RESOURCES
Sec. 472a. Indian preference laws applicable to Bureau of Indian
Affairs and Indian Health Service positions
(a) Establishment of retention categories for purposes of reduction-in-
force procedures
For purposes of applying reduction-in-force procedures under
subsection (a) of section 3502 of title 5 with respect to positions
within the Bureau of Indian Affairs and the Indian Health Service, the
competitive and excepted service retention registers shall be combined,
and any employee entitled to Indian preference who is within a retention
category established under regulations prescribed under such subsection
to provide due effect to military preference shall be entitled to be
retained in preference to other employees not entitled to Indian
preference who are within such retention category.
(b) Reassignment of employees other than to positions in higher grades;
authority to make determinations respecting
(1) The Indian preference laws shall not apply in the case of any
reassignment within the Bureau of Indian Affairs or within the Indian
Health Service (other than to a position in a higher grade) of an
employee not entitled to Indian preference if it is determined that
under the circumstances such reassignment is necessary--
(A) to assure the health or safety of the employee or of any
member of the employee's household;
(B) in the course of a reduction in force; or
(C) because the employee's working relationship with a tribe has
so deteriorated that the employee cannot provide effective service
for such tribe or the Federal Government.
(2) The authority to make any determination under subparagraph (A),
(B), or (C) of paragraph (1) is vested in the Secretary of the Interior
with respect to the Bureau of Indian Affairs and the Secretary of Health
and Human Services with respect to the Indian Health Service, and,
notwithstanding any other provision of law, the Secretary involved may
not delegate such authority to any individual other than a Deputy
Secretary or Assistant Secretary of the respective department.
(c) Waiver of applicability in personnel actions; scope, procedures,
etc.
(1) Notwithstanding any provision of the Indian preference laws,
such laws shall not apply in the case of any personnel action respecting
an applicant or employee not entitled to Indian preference if each
tribal organization concerned grants, in writing, a waiver of the
application of such laws with respect to such personnel action.
(2) The provisions of section 8336(j) of title 5 shall not apply to
any individual who has accepted a waiver with respect to a personnel
action pursuant to paragraph (1) of this subsection or to section
2011(f) \1\ of this title.
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\1\ See References in Text note below.
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(d) Placement of non-Indian employees in other Federal positions;
assistance of Office of Personnel Management; cooperation of
other Federal agencies
The Office of Personnel Management shall provide all appropriate
assistance to the Bureau of Indian Affairs and the Indian Health Service
in placing non-Indian employees of such agencies in other Federal
positions. All other Federal agencies shall cooperate to the fullest
extent possible in such placement efforts.
(e) Definitions
For purposes of this section--
(1) The term ``tribal organization'' means--
(A) the recognized governing body of any Indian tribe, band,
nation, pueblo, or other organized community, including a Native
village (as defined in section 1602(c) of title 43); or
(B) in connection with any personnel action referred to in
subsection (c)(1) of this section, any legally established
organization of Indians which is controlled, sanctioned, or
chartered by a governing body referred to in subparagraph (A) of
this paragraph and which has been delegated by such governing
body the authority to grant a waiver under such subsection with
respect to such personnel action.
(2) The term ``Indian preference laws'' means section 472 of
this title or any other provision of law granting a preference to
Indians in promotions and other personnel actions.
(3) The term ``Bureau of Indian Affairs'' means (A) the Bureau
of Indian Affairs and (B) all other organizational units in the
Department of the Interior directly and primarily related to
providing services to Indians and in which positions are filled in
accordance with the Indian preference laws.
(Pub. L. 96-135, Sec. 2, Dec. 5, 1979, 93 Stat. 1057; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-581,
title II, Sec. 205, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 101-509, title
V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454;
Pub. L. 105-362, title VIII, Sec. 801(e), title XIII, Sec. 1302(d), Nov.
10, 1998, 112 Stat. 3288, 3294.)
References in Text
Section 2011(f) of this title, referred to in subsec. (c)(2), was in
the original a reference to section 1131 of the Education Amendments of
1978, Pub. L. 95-561. Section 1131 of Pub. L. 95-561 was omitted in the
general amendment of chapter 22 (Sec. 2001 et seq.) of this title by
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 3979.
Pub. L. 103-382 enacted a new section 1131 of Pub. L. 95-561, relating
to policy for Indian control of Indian education, which is classified to
section 2011 of this title. Provisions relating to waivers of education
personnel actions are now contained in section 2012(f) of this title.
Amendments
1998--Subsec. (d). Pub. L. 105-362, Sec. 801(e)(3), struck out par.
(1) designation and struck out par. (2) which read as follows: ``The
Secretaries of the Interior and Health and Human Services, and the
Director of the Office of Personnel Management shall each submit a
report to Congress following the close of each fiscal year with respect
to the actions which they took in such fiscal year to place non-Indian
employees of the Bureau of Indian Affairs and the Indian Health Service
in other Federal positions.''
Pub. L. 105-362, Sec. 801(e)(1), (2), redesignated subsec. (e) as
(d) and struck out former subsec. (d) which read as follows: ``The
Secretaries of the Interior and Health and Human Services shall each
submit to the Congress a report following the close of each fiscal year
with respect to the actions which they took in such fiscal year to
recruit and train Indians to qualify such Indians for positions which
are subject to preference under the Indian preference laws. Such report
shall also include information as to the grade levels and occupational
classifications of Indian and non-Indian employees in the Bureau of
Indian Affairs and the Indian Health Service.''
Subsec. (e). Pub. L. 105-362, Sec. 1302(d), which directed the
amendment of subsec. (e) by striking out par. (1) designation after
``(e)'' and striking out par. (2), could not be executed because par.
(1) designation did not immediately follow ``(e)'' subsequent to
amendment by Pub. L. 105-362, Sec. 801(e)(2). See above.
Pub. L. 105-362, Sec. 801(e)(2), redesignated subsec. (f) as (e).
Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 105-362, Sec. 801(e)(2), redesignated subsec.
(f) as (e).
1990--Subsec. (b)(2). Pub. L. 101-509 substituted ``a Deputy
Secretary'' for ``an Under Secretary'' before ``or Assistant
Secretary''.
1988--Subsec. (c)(1). Pub. L. 100-581 substituted ``an applicant or
employee'' for ``an employee''.
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsec. (b)(2)
pursuant to section 509(b) of Pub. L. 96-88 which is classified to
section 3508(b) of Title 20, Education.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-509 effective on first day of first pay
period beginning on or after Nov. 5, 1990, with continued service by
incumbent Under Secretary of the Interior, see section 529 [title I,
Sec. 112(e)(1), (2)(B)] of Pub. L. 101-509, set out as a note under
section 3404 of Title 20, Education.
