5 CFR § 3501.102 Designation of separate agency components | Code of Federal Regulations | US Law

5 CFR § 3501.102

Designation of separate agency components

November 4, 2020

CFR

(a) Each of the following eleven components of the Department is designated as an agency separate from each of the other ten listed components and, for employees of that component, as an agency distinct from the remainder of the Department, for purposes of the regulations in subpart B of 5 CFR part 2635 governing gifts from outside sources, 5 CFR 2635.807 governing teaching, speaking and writing, and §3501.105 requiring prior approval of outside employment. However, the following eleven components are not deemed to be separate agencies for purposes of applying any provision of 5 CFR part 2635 or this part to employees of the remainder of the Department:

(1) Bureau of Indian Affairs, including the Office of Indian Education Programs;

(2) Bureau of Land Management;

(3) Bureau of Reclamation;

(4) Bureau of Ocean Energy Management;

(5) Bureau of Safety and Environmental Enforcement;

(6) National Indian Gaming Commission;

(7) National Park Service;

(8) Office of Surface Mining Reclamation and Enforcement;

(9) Office of the Special Trustee for American Indians;

(10) U.S. Fish and Wildlife Service; and

(11) U.S. Geological Survey.

(b) Employees in components not listed in paragraph (a) of this section (including employees within the immediate office of each Assistant Secretary) are employees of the remainder of the Department, which for those employees shall include the components designated in this section as well as those parts of the Department not designated in this section.

Example 1: A company that conducts activities regulated by the Bureau of Land Management would not be a prohibited source of gifts for an employee of the National Park Service (NPS), unless that company seeks official action by the NPS; does business or seeks to do business with the NPS; conducts activities that are regulated by the NPS; or has interests that may be substantially affected by the performance or nonperformance of that employee's official duties.

Example 2: A paralegal who works part-time in the Office of the Solicitor wants to take an additional part-time job with a private company that does business with the U.S. Geological Survey. The company is a prohibited source for the paralegal, since the company does business with a component of the Department from which his component has not been listed as separate in §3501.102(a). The paralegal must obtain prior approval for the outside employment, because §3501.105 requires employees to obtain such approval before engaging in outside employment with a prohibited source.

[62 FR 53718, Oct. 16, 1997, as amended at 81 FR 76290, Nov. 2, 2016]

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