[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR3501.103]

[Page 710-711]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                 CHAPTER XXV--DEPARTMENT OF THE INTERIOR
 
PART 3501_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
 
Sec. 3501.103  Prohibited interests in Federal lands.

    (a) Cross-references to statutory prohibitions--(1) Prohibited 
purchases of public land by Bureau of Land Management employees. As set 
forth in 43 CFR 20.401, the officers, clerks, and employees in the 
Bureau of Land Management are prohibited by 43 U.S.C. 11 from directly 
or indirectly purchasing or becoming interested in the purchase of any 
of the public lands.
    (2) Prohibited interests in the lands or mineral wealth of the 
region under survey for U.S. Geological Survey employees. As set forth 
in 43 CFR 20.401, the Director and members of the U.S. Geological Survey 
are prohibited by 43 U.S.C. 31(a) from having any personal or private 
interests in the lands or mineral wealth of the region under survey.
    (b) Prohibited financial interests in Federal lands for Minerals 
Management Service employees and for the Secretary and employees of the 
Office of the Secretary and other Departmental offices reporting 
directly to a Secretarial officer who are in positions classified at GS-
15 and above. (1) Except as provided in paragraph (b)(2) of this 
section, the following employees may not acquire or hold any direct or 
indirect financial interest in Federal lands or resources administered 
or controlled by the Department:
    (i) All employees of the Minerals Management Service; and
    (ii) The Secretary and employees of the Office of the Secretary and 
other Departmental offices reporting directly to a Secretarial officer 
who are in positions classified at GS-15 and above. As used in this 
section, ``Office of the Secretary and other Departmental Offices 
reporting directly to a Secretarial officer'' means the Immediate Office 
of the Secretary; Office of the Solicitor; Office of the Inspector 
General; Office of Communications; Office of Congressional and 
Legislative Affairs; all Assistant Secretaries, their immediate Office 
staff and heads of bureaus which are subordinate to an Assistant 
Secretary. This includes the following offices under the Office of the 
Assistant Secretary--Policy, Management and Budget: Office of Budget, 
Office of Hearings and Appeals, Office of Acquisition & Property 
Management, Office of Environmental Policy and Compliance, Office of 
Policy Analysis, Office of Financial Management, and Office of 
Information Resources Management.
    (2) Exceptions. The prohibition in paragraph (b)(1) of this section 
does not apply to:
    (i) An individual employed on an intermittent or seasonal basis for 
a period not exceeding 180 working days in each calendar year; or
    (ii) A special Government employee engaged in field work relating to 
land, range, forest, and mineral conservation and management activities.
    (c) Prohibition as to Department-granted rights in Federal lands. 
(1) Except as provided in paragraph (c)(2) of this section, employees 
and their spouses and their minor children are prohibited from acquiring 
or retaining any claim, permit, lease, small tract entries, or other 
rights that are granted by the Department in Federal lands.
    (2) Exceptions. (i) Nothing in paragraph (c)(1) of this section 
prohibits the recreational or other personal and noncommercial use of 
Federal lands by an employee, or the employee's spouse or minor child, 
on the same terms as use of Federal lands is available to the general 
public.
    (ii) Unless otherwise prohibited by law, employees in the Office of 
the Assistant Secretary--Indian Affairs, or in the Bureau of Indian 
Affairs, and the

[[Page 711]]

spouses and minor children of such employees, are not prohibited by 
paragraph (c)(1) of this section from acquiring or retaining rights in 
Federal lands controlled by the Department for the benefit of Indians or 
Alaska Natives.
    (d) Divestiture. The Designated Agency Ethics Official may require 
an employee to divest an interest the employee is otherwise authorized 
to retain under an exception listed in this section, based on a 
determination of substantial conflict under Sec. 2635.403(b) of this 
title.
    (e) Waivers. The Designated Agency Ethics Official may grant a 
written waiver from the prohibitions contained in paragraphs (b) and (c) 
of this section, based on a determination that the waiver is not 
inconsistent with 5 CFR part 2635 or otherwise prohibited by law and 
that, under the particular circumstances, application of the prohibition 
is not necessary to avoid the appearance of misuse of position or loss 
of impartially, or otherwise to ensure confidence in the impartiality 
and objectivity with which Department programs are administered. A 
waiver under this paragraph may be accompanied by appropriate 
conditions, such as acquiring execution of a written statement of 
disqualification. Notwithstanding the grant of any waiver, an employee 
remains subject to the disqualification requirements of 5 CFR 2635.402 
and 2635.502.
    (f) Pre-existing interests. An employee may retain a financial 
interest otherwise prohibited by paragraph (b) or (c) of this section 
which was approved in writing under criteria and procedures in effect 
before November 2, 1996, unless the approval is withdrawn by the 
Designated Agency Ethics Official, subject to the standards for waivers 
in paragraph (e) of this section.