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25 CFR Part 5 — Preference in Employment

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PART 5—PREFERENCE IN EMPLOYMENT 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. § 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. [43 FR 2393, Jan. 17, 1978. Redesignated at 47 FR 13327, Mar. 30, 1982, as amended at 54 FR 283, Jan. 5, 1989] § 5.2 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. [43 FR 2393, Jan. 17, 1978. Redesignated at 47 FR 13327, Mar. 30, 1982, as amended at 49 FR 12702, Mar. 30, 1984] § 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. [54 FR 283, Jan. 5, 1989]

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