5 CFR §315.613

1. (a)Appointment of land management eligibles.
   1. (1)Any agency—
      1. (i)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
      2. (ii)May appoint a land management eligible who is a former time-limited employee of a land management agency to a permanent position provided:
         1. (A)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
         2. (B)Was selected from among the best qualified following competition under a merit promotion announcement open to candidates outside of the hiring agency's workforce.
   2. (2)In addition, a land management agency—
      1. (i)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
      2. (ii)May appoint a land management eligible who is a former time-limited employee of that land management agency to a permanent position provided:
         1. (A)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;
         2. (B)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
         3. (C)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.
2. (b)Definitions—(1) 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.
   1. (2)Land management agency means any of the following:
      1. (i)The Forest Service of the U.S. Department of Agriculture;
      2. (ii)The Bureau of Land Management of the U.S. Department of the Interior;
      3. (iii)The National Park Service of the U.S. Department of the Interior;
      4. (iv)The Fish and Wildlife Service of the U.S. Department of the Interior;
      5. (v)The Bureau of Indian Affairs of the U.S. Department of the Interior; and
      6. (vi)The Bureau of Reclamation of the U.S. Department of the Interior.
   2. (3)Land management eligible means either:
      1. (i)An individual currently serving in a land management agency who:
         1. (A)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;
         2. (B)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
         3. (C)Has performed at an acceptable level during each period of service; or
      2. (ii)An individual who previously served in a land management agency who:
         1. (A)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;
         2. (B)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;
         3. (C)Performed at an acceptable level throughout the service period(s);
         4. (D)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
         5. (E)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.
   3. (4)Time-limited appointment means a temporary or term appointment, in accordance with 5 CFR part 316.
3. (c)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.
4. (d)Acquisition of competitive status. A person appointed under paragraph (a) of this section acquires competitive status automatically upon appointment.
5. (e)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.