§315.613. Appointment of current and former land management eligibles serving under time-limited appointments.
5 C.F.R. § 315.613
Appointment of land management eligibles.
Any agency—
May appoint a land management eligible who is a current time-limited employee of a land management agency to a permanent position provided the land management eligible was selected from among the best qualified following competition under a merit promotion announcement open to candidates outside of the hiring agency's workforce; and
May appoint a land management eligible who is a former time-limited employee of a land management agency to a permanent position provided:
The land management eligible applied for that position within the 2-year period following the most recent date of separation from a land management agency; and
Was selected from among the best qualified following competition under a merit promotion announcement open to candidates outside of the hiring agency's workforce.
In addition, a land management agency—
May appoint a land management eligible who is a current time-limited employee of that agency to a permanent position provided the land management eligible was selected from among the best qualified following competition under a merit promotion announcement open to candidates within that agency's workforce; and
May appoint a land management eligible who is a former time-limited employee of that land management agency to a permanent position provided:
The land management eligible applied for that position within the 2-year period following the most recent date of separation from a land management agency;
The land management agency from which the land management eligible most recently separated is the same land management agency as the one making the appointment; and
The land management eligible was selected from among the best qualified following competition under a merit promotion announcement open to candidates within that agency's workforce.
Definitions—
Agency— has the meaning given in 5 U.S.C. 105, and may also mean a major subdivision or component of an entity defined in 5 U.S.C. 105.
Land management agency means any of the following:
The Forest Service of the U.S. Department of Agriculture;
The Bureau of Land Management of the U.S. Department of the Interior;
The National Park Service of the U.S. Department of the Interior;
The Fish and Wildlife Service of the U.S. Department of the Interior;
The Bureau of Indian Affairs of the U.S. Department of the Interior; and
The Bureau of Reclamation of the U.S. Department of the Interior.
Land management eligible means either:
An individual currently serving in a land management agency who—
Initially was hired under competitive procedures, for a time-limited appointment in the competitive service in accordance with part 316, and has not received a permanent appointment;
Has served under one or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break in service of 2 or more years; and
Has performed at an acceptable level during each period of service; or
An individual who previously served in a land management agency who—
Initially was hired under a time-limited appointment under competitive procedures in the competitive service in accordance with part 316, and did not receive a permanent appointment before leaving Federal service;
Served under one or more time-limited appointments by a land management agency for a total period of more than 24 months without a break in service of 2 or more years;
Performed at an acceptable level throughout the service period(s);
Applied for a position covered by these provisions within 2 years after the individual's most recent date of separation from a land management agency; and
With respect to the individual's most recent separation, for reasons other than misconduct or performance. For these purposes, an individual under this paragraph is deemed a time-limited employee of the land management agency from which the individual was most recently separated.
Time-limited appointment means a temporary or term appointment, in accordance with 5 CFR part 316.
Conditions. An agency is expected to consider the application of a land management eligible; and must waive any age requirement unless it can prove that the requirement is essential to the performance of the duties of the position.
Acquisition of competitive status. A person appointed under paragraph (a) of this section acquires competitive status automatically upon appointment.
Tenure on appointment. An appointment under paragraph (a) of this section is career-conditional unless the appointee has already satisfied the requirements for career tenure or is exempted from the service requirement pursuant to § 315.201.
Notes, amendments, and revision history
Amendments
[88 FR 84689, Dec. 6, 2023]
Authority
Authority: 5 U.S.C. 1302, 3301, and 3302. E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; E.O. 14284, 90 FR 17729. Link to an amendment published at 91 FR 49111, Aug. 3, 2026. Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and 3652. Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104. Sec. 315.603 also issued under 5 U.S.C. 8151. Sec. 315.605 also issued under 22 U.S.C. 2051, 42 U.S.C. 2991. Sec. 315.606 also issued under E.O. 11219, 30 FR 6381, 3 CFR, 1964-1965 Comp., p. 303. Sec. 315.607 also issued under 22 U.S.C. 2560. Sec. 315.608 also issued under E.O. 12721, 55 FR 31349, 3 CFR, 1990 Comp., p. 293. Sec. 315.610 also issued under 5 U.S.C. 3304(c). Sec. 315.611 also issued under 5 U.S.C. 3304(f). Sec. 315.612 also under 5 U.S.C. 3330d. Sec. 315.613 also issued under 5 U.S.C. 9602. Sec. 315.710 also issued under E.O. 12596, 52 FR 17537, 3 CFR, 1987 Comp., p. 264. Subpart I also issued under 5 U.S.C. 3321, E.O. 12107, 44 FR 1055, 3 CFR, 1978 Comp., p. 264.
Source
Source: 33 FR 12418, Sept. 4, 1968, unless otherwise noted.
Amendments
[88 FR 84689, Dec. 6, 2023]