[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22516]


[[Page Unknown]]

[Federal Register: September 13, 1994]


      
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Part IV





Department of the Interior





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Bureau of Indian Affairs



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25 CFR Part 5



Reference in Employment; Proposed Rule
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 5

RIN 1076-AD05

 

Preference in Employment

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs proposes to amend its Preference 
in Employment Regulations, 25 CFR part 5, by the removal of Paragraph 
(e) in Sec. 5.1 Definitions, which extended the application of Indian 
preference to persons of the Osage Tribe of Oklahoma, who were at least 
one-quarter degree Indian ancestry and whose rolls were closed by an 
act of Congress.
    On January 5, 1989, paragraph (e) was extended for one additional 
year to give the Osage Tribe the opportunity to organize and establish 
current membership standards.

DATES: Comments must be received on or before November 14, 1994.

ADDRESSES: Mail or hand deliver comments to Mercedes C. Lewis, Bureau 
of Indian Affairs, Department of the Interior, MS 320 SIB, 1849 C St., 
N.W., Washington, D.C. 20245.

FOR FURTHER INFORMATION CONTACT: Mercedes C. Lewis, Division of 
Personnel Management, Bureau of Indian Affairs, Department of the 
Interior, Washington, D.C. 20245, telephone number (202) 208-2506.

SUPPLEMENTARY INFORMATION: Indians, as defined in the Indian 
Reorganization Act of June 18, 1934, receive employment preference in 
appointments in the Bureau of Indian Affairs. The preference conferred 
in 25 U.S.C. 472 must be applied in the filling of every vacant 
position within the Bureau of Indian Affairs, Freeman v. Morton, 499 
F.2d 492 (DC Cir. 1974). The Secretary issued a final rule for the 
definition of ``Indian'' on January 17, 1978. A fifth criterion applied 
to the Five Civilized Tribes of Oklahoma and to the Osage Tribe whose 
rolls were closed by Acts of Congress and who had not as yet 
reorganized so as to establish current membership standards. Many such 
persons have received preference based on the one-quarter degree 
standard previously established by the Secretary. In order that they 
would not be deprived of that eligibility and made to meet the one-half 
degree standard, in 1978, the tribes were allowed 3 years, until July 
17, 1981, in which to establish membership standards. Almost 13 years 
later, the Osage Tribe is the only remaining tribe that has not 
organized.
    The complexities of the Osage's unique history have been described 
in the litigation surrounding the organization of the tribe and the 
authority of the Tribal Council. See Logan v. Andrus, 457 F. Supp. 1318 
(D. Okla., 1978), affirmed 640 F.2d 269 (10th Cir. 1981). It is 
apparent that the Osages have a uniquely difficult task in organizing, 
since they are the only tribe which is excluded from organizing under 
the provisions of the Indian Reorganization Act and the Oklahoma Indian 
Welfare Act. Also, the Secretary's regulations under the 1906 Osage 
Allotment Act permit only Osage headright holders to vote for the 
tribal council.
    On October 4, 1984, the Bureau of Indian Affairs published a final 
rule (49 FR 39157) to amend 25 CFR Part 5, Preference in Employment. 
Paragraph (e) of Sec. 5.1 specified the date of October 4, 1985, as the 
final date for making appointments of persons of one-quarter degree 
Indian ancestry. On September 15, 1986, the Bureau of Indian Affairs 
published a final rule (51 FR 32632) to revise 25 CFR Part 5, 
Preference in Employment. Paragraph (e) of Sec. 5.1 of this part 
specified the date of September 15, 1988, as the final date for making 
appointments of persons of one-quarter degree Indian ancestry. The last 
final rule published (54 FR 282, January 5, 1989), extended Paragraph 
(e) of Sec. 5.1 to January 5, 1990. Paragraph (e) of Sec. 5.1 has 
expired and should be removed.
    Osage Tribal persons who are employed by the Bureau of Indian 
Affairs and who received preference in any previous appointment will 
continue to be preference eligible so long as they are continuously 
employed. However, Osage tribal members who are seeking Federal 
employment must now meet category (c) of Sec. 5.1 of this part.
    The primary author of this document is Mercedes Lewis, Supervisory 
Personnel Staffing Specialist, Division of Personnel Management, Bureau 
of Indian Affairs, telephone number, (202) 208-2506.
    This is not a significant regulatory action under Executive Order 
12866 and therefore will not require a review by the Office of 
Management and Budget.
    This rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This rule involves potential Osage Tribal 
members only, who would be seeking Federal employment in the BIA. There 
is no other tribe affected. The information collection requirements 
contained in this rule do not require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501 et seq.
    The policy of the Department of the Interior is, whenever 
practical, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding the proposed rule to the locations identified in the 
Addresses section of this document.

Civil Justice Reform (E.O. 12778)

    The Department has certified to the Office of Management and Budget 
that these proposed regulations meet the applicable standards provided 
in Sections 2(a) and 2(b)(2) of Executive Order 12778.

Takings Implication Assessments

    In accordance with E.O. 12630, the Department has determined that 
this rule does not have significant takings implications.

Federalism Assessment (E.O. 12612)

    The Department has determined that this rule does not have 
significant federalism effects.

NEPA Statement

    The Department of the Interior has determined that this proposed 
rule does not constitute a major Federal action significantly affecting 
the quality of the human environment and that no detailed statement is 
required pursuant to the National Environmental Policy Act of 1969.

List of Subjects in 25 CFR Part 5

    Employment, Government employees, Indians.

    For the reasons set out in the preamble, Part 5 of Title 25, 
Chapter I of the Code of Federal Regulations is proposed to be amended 
as set forth below:

PART 5--PREFERENCE IN EMPLOYMENT

    1. The authority citation for Part 5 is revised to read as follows:

    Authority: 25 U.S.C. 43; 25 U.S.C. 46; 25 U.S.C. 44; 25 U.S.C. 
348; and 25 U.S.C. 472 and 479.

    2. In Section 5.1 paragraph (e) is removed.

    Dated: August 11, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-22516 Filed 9-12-94; 8:45 am]
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