Page:United States Statutes at Large Volume 115 Part 2.djvu/1065

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2049 "(1) APPLICABILITY. — " (A) IN GENERAL. —Notwithstanding any provision of the Indian preference laws, such laws shall not apply in the case of any personnel action carried out under this section with respect to an applicant or employee not entitled to an Indian preference if each tribal organization concerned— "(i) grants a written waiver of the application of those laws with respect to the personnel action; and "(ii) states that the waiver is necessary. "(B) No EFFECT ON RESPONSIBILITY OF BUREAU.— Th is paragraph shall not be construed to relieve the responsibility of the Bureau to issue timely and adequate announcements and advertisements concerning any such personnel action if such action is intended to fill a vacancy (no matter how such vacancy is created). "(2) DEFINITIONS. —In this subsection: " (A) INDIAN PREFERENCE LAWS. — "(i) IN GENERAL.— The term 'Indian preference laws' means section 12 of the Act of June 18, 1934 (48 Stat. 986, chapter 576) or any other provision of law granting a preference to Indians in promotions and other personnel actions. "(ii) EXCLUSION.— The term 'Indian preference laws' does not include section 7(b) of the Indian Self- Determination and Education Assistance Act. "(B) TRIBAL ORGANIZATION. — The term 'tribal organization' means— "(i) the recognized governing body of any Indian tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in section 3(c) of the Alaska Native Claims Settlement Act); or "(ii) in connection with any personnel action referred to in this subsection, any local school board to which the governing body has delegated the authority to grant a waiver under this subsection with respect to a personnel action. "(g) COMPENSATION OR ANNUAL SALARY. — "(1) IN GENERAL.— " (A) COMPENSATION FOR EDUCATORS AND EDUCATION POSITIONS.—Except as otherwise provided in this section, the Secretary shall establish the compensation or annual salary rate for educators and education positions— "(i) at rates in effect under the General Schedule for individuals with comparable qualifications, and holding comparable positions, to whom chapter 51 of title 5, United States Code, is applicable; or "(ii) on the basis of the Federal Wage System schedule in effect for the locality involved, and for the comparable positions, at the rates of compensation in effect for the senior executive service. " (B) COMPENSATION OR SALARY FOR TEACHERS AND COUNSELORS.— "(i) IN GENERAL.— The Secretary shall establish the rate of compensation, or annual salary rate, for the positions of teachers and counselors (including dormitory counselors and home-living counselors) at the

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