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25 U.S.C. § 5117 — Indian preference laws applicable to Bureau of Indian Affairs and Indian Health Service positions
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim) 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 Serv
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Stable record: federal_law:legal_authorities:record_usc_7531fda5661b2fd0e57ca810
Source file: Laws/federal/codes/united-states-code/title-25/section-5117-indian-preference-laws-applicable-to-bureau-of-indian-affairs-and-indian--2018e20329.md
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Passage SHA-256: 708b84222803fc4cce1655d4d323f5ea96387c384f4851eee5ddf12a59380762
Source location: Title 25, Chapter 45, § 5117; chapter-045-protection-of-indians-and-conservation-of-resources.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336/j&num=0&edition=prelim) 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) 11 See References in Text note below. of this title.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/c&num=0&edition=prelim)); 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 5116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5116&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Facilitation of Indian control** It shall be the policy of the United States acting through the Secretary, in carrying out the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.
**(b) Consultation with tribes**
(1) **In general** — All actions under this Act shall be done with active consultation with tribes. The United States acting through the Secretary and tribes shall work in a government-to-government relationship to ensure quality education for all tribal members.
(2) **Requirements**
(A) *Definition of consultation* — In this subsection, the term “consultation” means a process involving the open discussion and joint deliberation of all options with respect to potential issues or changes between the Bureau and all interested parties.
(B) *Discussion and joint deliberation* — During discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an opportunity—
(i) to present issues (including proposals regarding changes in current practices or programs) that will be considered for future action by the Secretary; and
(ii) to participate and discuss the options presented, or to present alternatives, with the views and concerns of the interested parties given effect unless the Secretary determines, from information available from or presented by the interested parties during one or more of the discussions and deliberations, that there is a substantial reason for another course of action.
(C) *Explanation by Secretary* — The Secretary shall submit to any Member of Congress, within 18 days of the receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is not consistent with the views
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2011
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to—
(1) tenure of employment;
(2) military preference, subject to [section 3501(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim);
(3) length of service; and
(4) efficiency or performance ratings.
In computing length of service, a competing employee—
(A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;
(B) who is a retired member of a uniformed service is entitled to credit for—
(i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and
(C) is entitled to credit for—
(i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and
(ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
**(b)** A preference eligible described in [section 2108(3)(C) of this title](https
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3502
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, unless otherwise provided or indicated by the context—
(1) the term “Department” means the Department of Education or any component thereof;
(2) the term “Secretary” means the Secretary of Education;
(3) the term “Deputy Secretary” means the Deputy Secretary of Education;
(4) the term “function” includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program;
(5) the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands;
(6) the terms “private” and “private educational” refer to independent, nonpublic, and private institutions of elementary, secondary, and postsecondary education; and
(7) the term “office” includes any office, institute, council, unit, organizational entity, or component thereof.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is directed to establish standards of health, age, character, experience, knowledge, and ability for Indians who may be appointed, without regard to civil-service laws, to the various positions maintained, now or hereafter, by the Indian Office, in the administration of functions or services affecting any Indian tribe. Such qualified Indians shall hereafter have the preference to appointment to vacancies in any such positions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5116
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 472a was editorially reclassified as [section 5117 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5117&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 472a
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Federal law — U.S. Code and appendices · legal_authorities
Page 696
TITLE 25—INDIANS
§ 5117
1 See References in Text note below.
ice laws, to the various positions maintained,
now or hereafter, by the Indian Office, in the ad-
ministration of functions or services affecting
any Indian tribe. Such qualified Indians shall
hereafter have the preference to appointment to
vacancies in any such positions.
(June 18, 1934, ch. 576, § 12, 48 Stat. 986.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 472 of this
title prior to editorial reclassification and renumbering
as this section.
Statutory Notes and Related Subsidiaries
CONVERSION TO CAREER APPOINTMENT
Status of Indian appointed to Federal service under
excepted appointment to be converted to career ap-
pointment in competitive service after three years of
continuous service and satisfactory performance, see
section 5323(m) of this title.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
§ 5117. Indian preference laws applicable to Bu-
reau of Indian Affairs and Indian Health
Service positions
(a) Establishment of retention categories for pur-
poses 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 Bu-
reau 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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5117
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.