§ 472a TITLE 25—INDIANS Page 192

1See References in Text note below.

CONVERSION TO CAREER APPOINTMENT

Status of Indian appointed to Federal service under

excepted appointment to be converted to career appointment in competitive service after three years of

continuous service and satisfactory performance, see

section 450i(m) of this title.

CROSS REFERENCES

Employment of Indians, see sections 44, 45, 46, 47 of

this title.

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450i, 472a, 473,

1661, 2012 of this title; title 5 section 8336.

§ 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.

(d) Annual report respecting Indians qualifying

for preference positions

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.

(e) Placement of non-Indian employees in other

Federal positions; assistance of Office of Personnel Management; cooperation of other

Federal agencies; reporting requirements

(1) 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.

(2) 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.

(f) 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.
Page 193 TITLE 25—INDIANS § 474

(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, §2, Dec. 5, 1979, 93 Stat. 1057; Pub.

L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat.

695; Pub. L. 100–581, title II, §205, Nov. 1, 1988, 102

Stat. 2940; Pub. L. 101–509, title V, §529 [title I,

§112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454.)

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 (§2001 et seq.) of this title by

Pub. L. 103–382, title III, §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

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) and ‘‘Health and Human Services’’ substituted for ‘‘Health, Education, and Welfare’’

in subsecs. (d) and (e)(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, §112(e)(1), (2)(B)]

of Pub. L. 101–509, set out as a note under section 3404

of Title 20, Education.

§ 473. Application generally

The provisions of this Act shall not apply to

any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12, and 16 [25 U.S.C. 469, 470, 471,

472, 476] shall apply to the Territory of Alaska:

Provided, That sections 4, 7, 16, 17, and 18 of this

Act [25 U.S.C. 464, 467, 476, 477, 478] shall not

apply to the following-named Indian tribes, the

members of such Indian tribes, together with

members of other tribes affiliated with such

named tribes located in the State of Oklahoma,

as follows: Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage,

Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee,

Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac

and Fox, Kickapoo, Pottawatomi, Cherokee,

Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act [25 U.S.C. 464] shall not apply

to the Indians of the Klamath Reservation in Oregon.

(June 18, 1934, ch. 576, §13, 48 Stat. 986; Pub. L.

101–301, §3(b), May 24, 1990, 104 Stat. 207.)

REFERENCES IN TEXT

This Act, referred to in text, is act June 18, 1934,

which is classified generally to this subchapter. For

complete classification of this Act to the Code, see

Short Title note set out under section 461 of this title

and Tables.

AMENDMENTS

1990—Pub. L. 101–301 substituted ‘‘sections 4,’’ for

‘‘sections 2, 4,’’ in proviso.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.

3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections

1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set

out as notes preceding section 21 of Title 48, Territories

and Insular Possessions.

CROSS REFERENCES

Oklahoma Indians as having rights secured to organized Indian tribes under sections to which reference is

made in text, see section 503 of this title.

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

Tribes authorized to be organized with charter allowing participation in revolving credit fund and other

rights secured to organized tribes under sections to

which reference is made in text, see section 503 of this

title.

§ 473a. Application to Alaska

Sections 461, 465, 467, 468, 475, 477, and 479 of

this title shall after May 1, 1936, apply to the

Territory of Alaska: Provided, That groups of Indians in Alaska not recognized prior to May 1,

1936, as bands or tribes, but having a common

bond of occupation, or association, or residence

within a well-defined neighborhood, community,

or rural district, may organize to adopt constitutions and bylaws and to receive charters of

incorporation and Federal loans under sections

470, 476, and 477 of this title.

(May 1, 1936, ch. 254, §1, 49 Stat. 1250.)

CODIFICATION

Section was formerly classified to section 362 of Title

48, Territories and Insular Possessions.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.

3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections

1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set

out as notes preceding section 21 of Title 48, Territories

and Insular Possessions.

CROSS REFERENCES

Right-of-way grant, consent of tribal officials, see

section 324 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 324 of this title.

§ 474. Continuation of allowances

The Secretary of the Interior is directed to

continue the allowance of the articles enumerated in section 17 of the Act of March 2, 1889 (23

Stat. L. 894), or their commuted cash value

under the Act of June 10, 1896 (29 Stat. L. 334),

to all Sioux Indians who would be eligible, but

for the provisions of this Act, to receive allotments of lands in severalty under section 19 of