Editorial Note on Part 315
Editorial Note: Nomenclature changes to part 315 appear at 70 FR 72067, Dec. 1, 2005.

§ 315.613 Appointment of current and former land management eligibles serving under time-limited appointments. ( a ) *Appointment of land management eligibles.* ( 1 ) Any agency— ( 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
( ii ) May appoint a land management eligible who is a former time-limited employee of a land management agency to a permanent position provided: ( 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
( 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 ) In addition, a land management agency— ( 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
( ii ) May appoint a land management eligible who is a former time-limited employee of that land management agency to a permanent position provided: ( 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;
( 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
( 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.
( 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.
( 2 ) *Land management agency* means any of the following: ( i ) The Forest Service of the U.S. Department of Agriculture;
( ii ) The Bureau of Land Management of the U.S. Department of the Interior;
( iii ) The National Park Service of the U.S. Department of the Interior;
( iv ) The Fish and Wildlife Service of the U.S. Department of the Interior;
( v ) The Bureau of Indian Affairs of the U.S. Department of the Interior; and
( vi ) The Bureau of Reclamation of the U.S. Department of the Interior.
( 3 ) *Land management eligible* means either: ( i ) An individual currently serving in a land management agency who: ( 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;
( 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
( C ) Has performed at an acceptable level during each period of service; or
( ii ) An individual who previously served in a land management agency who: ( 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;
( 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;
( C ) Performed at an acceptable level throughout the service period(s);
( 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
( 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.
( 4 ) *Time-limited appointment* means a temporary or term appointment, in accordance with 5 CFR part 316.
( 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.
( d ) *Acquisition of competitive status.* A person appointed under paragraph (a) of this section acquires competitive status automatically upon appointment.
( 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.
[88 FR 84689, Dec. 6, 2023]