§ 315.613 Appointment of current and former land management eligibles serving under time-limited appointments

5 CFR 315.613(a)(a) Appointment of land management eligibles.

5 CFR 315.613(a)(1)(1) Any agency—

5 CFR 315.613(a)(1)(i)(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

5 CFR 315.613(a)(1)(ii)(ii) May appoint a land management eligible who is a former time-limited employee of a land management agency to a permanent position provided:

5 CFR 315.613(a)(1)(ii)(A)(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

5 CFR 315.613(a)(1)(ii)(B)(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.

5 CFR 315.613(a)(1)(ii)(B)(2)(2) In addition, a land management agency—

5 CFR 315.613(a)(1)(ii)(B)(2)(i)(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

5 CFR 315.613(a)(1)(ii)(B)(2)(ii)(ii) May appoint a land management eligible who is a former time-limited employee of that land management agency to a permanent position provided:

5 CFR 315.613(a)(1)(ii)(A)(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;

5 CFR 315.613(a)(1)(ii)(B)(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

5 CFR 315.613(a)(1)(ii)(C)(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.

5 CFR 315.613(b)(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.

5 CFR 315.613(b)(2)(2) Land management agency means any of the following:

5 CFR 315.613(b)(2)(i)(i) The Forest Service of the U.S. Department of Agriculture;

5 CFR 315.613(b)(2)(ii)(ii) The Bureau of Land Management of the U.S. Department of the Interior;

5 CFR 315.613(b)(2)(iii)(iii) The National Park Service of the U.S. Department of the Interior;

5 CFR 315.613(b)(2)(iv)(iv) The Fish and Wildlife Service of the U.S. Department of the Interior;

5 CFR 315.613(b)(2)(v)(v) The Bureau of Indian Affairs of the U.S. Department of the Interior; and

5 CFR 315.613(b)(2)(vi)(vi) The Bureau of Reclamation of the U.S. Department of the Interior.

5 CFR 315.613(b)(3)(3) Land management eligible means either:

5 CFR 315.613(b)(3)(i)(i) An individual currently serving in a land management agency who:

5 CFR 315.613(b)(3)(i)(A)(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;

5 CFR 315.613(b)(3)(i)(B)(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

5 CFR 315.613(b)(3)(i)(C)(C) Has performed at an acceptable level during each period of service; or

5 CFR 315.613(b)(3)(ii)(ii) An individual who previously served in a land management agency who:

5 CFR 315.613(b)(3)(ii)(A)(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;

5 CFR 315.613(b)(3)(ii)(B)(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;

5 CFR 315.613(b)(3)(ii)(C)(C) Performed at an acceptable level throughout the service period(s);

5 CFR 315.613(b)(3)(ii)(D)(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 CFR 315.613(b)(3)(ii)(E)(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.

5 CFR 315.613(b)(3)(ii)(E)(4)(4) Time-limited appointment means a temporary or term appointment, in accordance with 5 CFR part 316.

5 CFR 315.613(c)(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.

5 CFR 315.613(d)(d) Acquisition of competitive status. A person appointed under paragraph (a) of this section acquires competitive status automatically upon appointment.

5 CFR 315.613(e)(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.