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25 U.S.C. § 5116 — Standards for Indians appointed to Indian Office
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.
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Stable record: federal_law:legal_authorities:record_usc_9b6003081175b85b467398f7
Source file: Laws/federal/codes/united-states-code/title-25/section-5116-standards-for-indians-appointed-to-indian-office--7519c46943.md
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Passage SHA-256: 1901e009b0d24969f418ed48b1726e80a709fe90e1199b96fa685f628fc9fc87
Source location: Title 25, Chapter 45, § 5116; chapter-045-protection-of-indians-and-conservation-of-resources.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 472 was editorially reclassified as [section 5116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5116&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 472
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) **In general** — In order to more effectively and efficiently carry out the responsibilities, authorities, and functions of the United States to provide health care services to Indians and Indian tribes, as are or may be on and after November 23, 1988, provided by Federal statute or treaties, there is established within the Public Health Service of the Department the Indian Health Service.
(2) **Director** — The Service shall be administered by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Secretary. Effective with respect to an individual appointed by the President, by and with the advice and consent of the Senate, after January 1, 2008, the term of service of the Director shall be 4 years. A Director may serve more than 1 term.
(3) **Incumbent** — The individual serving in the position of Director of the Service on the day before March 23, 2010, shall serve as Director.
(4) **Advocacy and consultation** — The position of Director is established to, in a manner consistent with the government-to-government relationship between the United States and Indian Tribes—
(A) facilitate advocacy for the development of appropriate Indian health policy; and
(B) promote consultation on matters relating to Indian health.
**(b) Agency** The Service shall be an agency within the Public Health Service of the Department, and shall not be an office, component, or unit of any other agency of the Department.
**(c) Duties** The Director shall—
(1) perform all functions that were, on the day before March 23, 2010, carried out by or under the direction of the individual serving as Director of the Service on that day;
(2) perform all functions of the Secretary relat
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1663a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Chapter 51, subchapter III of chapter 53, and chapter 63 of title 5, relating to classification, pay and leave, respectively, and the sections of such title relating to the appointment, promotion, hours of work, and removal of civil service employees, shall not apply to educators or to education positions (as defined in subsection (p)).
**(b) Regulations** Not later than 60 days after January 8, 2002, the Secretary shall prescribe regulations to carry out this section. Such regulations shall provide for—
(1) the establishment of education positions;
(2) the establishment of qualifications for educators and education personnel;
(3) the fixing of basic compensation for educators and education positions;
(4) the appointment of educators;
(5) the discharge of educators;
(6) the entitlement of educators to compensation;
(7) the payment of compensation to educators;
(8) the conditions of employment of educators;
(9) the leave system for educators;
(10) the annual leave and sick leave for educators;
(11) the length of the school year applicable to education positions described in subsection (a); and
(12) such additional matters as may be appropriate.
**(c) Qualifications of educators**
(1) **Requirements** — In prescribing regulations to govern the qualifications of educators, the Secretary shall require that—
(A) lists of qualified and interviewed applicants for education positions be maintained in each agency and area office of the Bureau from among individuals who have applied at the agency or area level for an education position or who have applied at the national level and have indicated in such application an interest in working in certain areas or agencies;
(B) a local school board shall have the authority to waive on a case-by-ca
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2012
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5117
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Federal law — U.S. Code and appendices · legal_authorities
**(a) to (d) Omitted**
**(e) Eligible employees; Federal employee programs subject to retention** Notwithstanding the provisions of sections 8347(o), 8713, and 8914 of title 5, executive order, or administrative regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization, the city of St. Paul, Alaska, the city of St. George, Alaska, upon incorporation, or the Village Corporations of St. Paul and St. George Islands established pursuant to [section 1607 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1607&num=0&edition=prelim), in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following:
(1) To retain coverage, rights, and benefits under subchapter I of chapter 81 (“Compensation for Work Injuries”) of title 5, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, as follows:
(A) payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and
(B) payments on account of death shall be credited against death compensation pay
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5332
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of position** Notwithstanding any other provision of law, the Secretary may establish in the Department the position of Under Secretary for Indian Affairs, who shall report directly to the Secretary.
**(b) Appointment**
(1) **In general** — Except as provided in paragraph (2), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(2) **Exception** — The individual serving as the Assistant Secretary for Indian Affairs on June 22, 2016, may assume the position of Under Secretary without appointment under paragraph (1), if—
(A) that individual was appointed as Assistant Secretary for Indian Affairs by the President, by and with the advice and consent of the Senate; and
(B) not later than 180 days after June 22, 2016, the Secretary approves the assumption.
**(c) Duties** In addition to any other duties directed by the Secretary, the Under Secretary shall—
(1) coordinate with the Special Trustee for American Indians to ensure an orderly transition of the functions of the Special Trustee to one or more appropriate agencies, offices, or bureaus within the Department, as determined by the Secretary;
(2) to the maximum extent practicable, supervise and coordinate activities and policies of the BIA with activities and policies of—
(A) the Bureau of Reclamation;
(B) the Bureau of Land Management;
(C) the Office of Natural Resources Revenue;
(D) the National Park Service; and
(E) the United States Fish and Wildlife Service; and
(3) provide for regular consultation with Indians and Indian tribes that own interests in trust resources and trust fund accounts.
**(d) Personnel provisions**
(1) **Appointments** — The Under Secretary may appoint and fix the compensation of such officers
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5633
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity.
**(b)** An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
**(c)**
(1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.
(2) An employee is entitled to an annuity if the employee—
(A) was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and
(B) is separated from the service before January 1, 2000, after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years.
(3)
(A) In this paragraph—
(i) the term “affected individual” means an individual covered under this subchapter who—
(I) is performing service in a covered position;
(II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable;
(III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8336
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Federal law — U.S. Code and appendices · legal_authorities
Page 695
TITLE 25—INDIANS
§ 5116
priated, such sums as may be necessary, but not
to exceed $250,000 in any fiscal year, to be ex-
pended at the order of the Secretary of the Inte-
rior, in defraying the expenses of organizing In-
dian chartered corporations or other organiza-
tions created under this Act.
(June 18, 1934, ch. 576, § 9, 48 Stat. 986.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is act June 18, 1934, ch.
576, 48 Stat. 984, popularly known as the Indian Reorga-
nization Act, which is classified generally to this chap-
ter. For complete classification of this Act to the Code,
see Short Title note set out under section 5101 of this
title and Tables.
CODIFICATION
Section was formerly classified to section 469 of this
title prior to editorial reclassification and renumbering
as this section.
§ 5113. Revolving fund; appropriation for loans
There is authorized to be appropriated, out of
any funds in the Treasury not otherwise appro-
priated, the sum of $20,000,000 to be established
as a revolving fund from which the Secretary of
the Interior, under such rules and regulations as
he may prescribe, may make loans to Indian
chartered corporations for the purpose of pro-
moting the economic development of such tribes
and of their members, and may defray the ex-
penses of administering such loans. Repayment
of amounts loaned under this authorization
shall be credited to the revolving fund and shall
be available for the purposes for which the fund
is established.
(June 18, 1934, ch. 576, § 10, 48 Stat. 986; Pub. L.
86–533, § 1(16), June 29, 1960, 74 Stat. 248; Pub. L.
87–250, Sept. 15, 1961, 75 Stat. 520.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 470 of this
title prior to editorial reclas
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5116
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