25 U.S.C. § 5116 — Standards for Indians appointed to Indian

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 reclassification and renumbering as this section. AMENDMENTS 1961—Pub. L. 87–250 substituted ‘‘$20,000,000’’ for ‘‘$10,000,000’’. 1960—Pub. L. 86–533 repealed provisions which re- quired a report to be made annually to the Congress of transactions under the authorization. Statutory Notes and Related Subsidiaries ADMINISTRATION OF FUND Funds from diverse sources to be administered as a single Indian Revolving Loan Fund after Apr. 12, 1974, see section 1461 of this title. § 5114. Interest charges covered into revolving fund Interest or other charges heretofore or here- after collected on loans shall be credited to the revolving fund created by section 5113 of this title and shall be available for the establishment of a revolving fund for the purpose of making and administering loans to Indian-chartered cor- porations in accordance with the Act of June 18, 1934 (48 Stat. 986) [25 U.S.C. 5101 et seq.], and of making and administering loans to individual Indians and to associations or corporate groups of Indians of Oklahoma in accordance with the Act of June 26, 1936 (49 Stat. 1967). (June 28, 1941, ch. 259, § 1, 55 Stat. 316.) Editorial Notes REFERENCES IN TEXT Act of June 18, 1934, referred to in text, is act June 18, 1934, ch. 576, 48 Stat. 984, popularly known as the In- dian Reorganization Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of this title and Tables. Act of June 26, 1936, referred to in text, is act June 26, 1936, ch. 831, 49 Stat. 1967, popularly known as the Oklahoma Welfare Act, which was classified generally to subchapter VIII (§ 501 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 45A (§ 5201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5201 of this title and Tables. Provisions of the Act relating to the revolving fund appear in section 5206 of this title. CODIFICATION Section was formerly classified to section 470a of this title prior to editorial reclassification and renumbering as this section. § 5115. Vocational and trade schools; appropria- tion for tuition There is authorized to be appropriated, out of any funds in the United States Treasury not otherwise appropriated, a sum not to exceed $250,000 annually, together with any unexpended balances of previous appropriations made pursu- ant to this section, for loans to Indians for the payment of tuition and other expenses in recog- nized vocational and trade schools: Provided, That not more than $50,000 of such sum shall be available for loans to Indian students in high schools and colleges. Such loans shall be reim- bursable under rules established by the Commis- sioner of Indian Affairs. (June 18, 1934, ch. 576, § 11, 48 Stat. 986.) Editorial Notes CODIFICATION Section was formerly classified to section 471 of this title prior to editorial reclassification and renumbering as this section. 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. § 5116. Standards for Indians appointed to Indian Office The Secretary of the Interior is directed to es- tablish standards of health, age, character, expe- rience, knowledge, and ability for Indians who may be appointed, without regard to civil-serv- 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 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 po- sitions in higher grades; authority to make determinations respecting (1) The Indian preference laws shall not apply in the case of any reassignment within the Bu- reau of Indian Affairs or within the Indian Health Service (other than to a position in a higher grade) of an employee not entitled to In- dian preference if it is determined that under the circumstances such reassignment is nec- essary— (A) to assure the health or safety of the em- ployee 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 relation- ship 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, not- withstanding any other provision of law, the Secretary involved may not delegate such au- thority to any individual other than a Deputy Secretary or Assistant Secretary of the respec- tive department. (c) Waiver of applicability in personnel actions; scope, procedures, etc. (1) Notwithstanding any provision of the In- dian 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 ac- cepted a waiver with respect to a personnel ac- tion pursuant to paragraph (1) of this subsection or to section 2011(f) 1 of this title. (d) Placement of non-Indian employees in other Federal positions; assistance of Office of Per- sonnel Management; cooperation of other Federal agencies The Office of Personnel Management shall pro- vide 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 ac- tion 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 per- sonnel action. (2) The term ‘‘Indian preference laws’’ means section 5116 of this title or any other provision of law granting a preference to Indians in pro- motions 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 Depart- ment of the Interior directly and primarily re- lated to providing services to Indians and in which positions are filled in accordance with the Indian preference laws. (Pub. L. 96–135, § 2, Dec. 5, 1979, 93 Stat. 1057; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat.