For purposes of making appointments to vacancies in all positions in the Bureau of Indian Affairs a preference will be extended to persons of Indian descent who are:
(a) Members of any recognized Indian tribe now under Federal Jurisdiction;
(b) Descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation;
(c) All others of one-half or more Indian blood of tribes indigenous to the United States;
(d) Eskimos and other aboriginal people of Alaska; and
(e) For one (1) year or until the Osage Tribe has formally organized, whichever comes first, effective January 5, 1989, a person of at least one-quarter degree Indian ancestry of the Osage Tribe of Indians, whose rolls were closed by an act of Congress.
[43 FR 2393, Jan. 17, 1978. Redesignated at 47 FR 13327, Mar. 30, 1982, as amended at 54 FR 283, Jan. 5, 1989]
Notes of Decisions
United States v. Cruz, 554 F.3d 840 (9th Cir. 2009).
· cites it 4× “In fact, Cruz would not have been eligible for preferential treatment under the Indian Preference Laws, as he is not a member of a recognized tribe and has less than "one-half or more Indian blood of tribes indigenous to the United States.”
Bordeaux v. Hunt, 621 F. Supp. 637 (D.S.D. 1985).
“§ 472 , which has been implemented by 25 C.F.R. § 5.1 , stating, in part, that “a preference will be extended to persons of Indian descent who are .”
Nakai v. Jewell (D.D.C. 2017).
· cites it 2× “BACKGROUND In March 2013, Plaintiff requested Verification of Indian Preference for Employment with the Bureau of Indian Affairs (“BIA”) and the Indian Health Service under 25 C.F.R. § 5.1 , both of which extend hiring preference to persons of Indian descent, including, among…”
United States v. Cruz (9th Cir. 2009).
· cites it 2× “535 (1974); 25 C.F.R. § 5.1 , there is no indication in the trial record that Cruz ever received any preferential treatment on the basis of his ancestry.”
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