C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER M—INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 136—INDIAN HEALTH › Subpart E—Preference in Employment

42 C.F.R. § 136.41

Definitions

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For purposes of making appointments to vacancies in all positions in the Indian Health Service, 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; or

(e) Until January 4, 1990, or until the Osage Tribe has formally organized, whichever comes first, 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.

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: John Paul Jones, III v. Dep't of Health & Human Servs. (MSPB 2015).
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John Paul Jones, III v. Dep't of Health & Human Servs. (MSPB 2015). “276 , ¶ 2 (2013); see 42 C.F.R. § 136.41 . The record reflects that the agency did so and that it received applications from ample qualified individuals for the position at issue who also qualified for Indian 4 preference, such that the agency found it unnecessary to consider…”
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