PUBLIC LAW 114–47—AUG. 7, 2015 129 STAT. 485 

Public Law 114–47 

114th Congress 

An Act 

To amend title 5, United States Code, to provide a pathway for temporary seasonal 

employees in Federal land management agencies to compete for vacant permanent 

positions under internal merit promotion procedures, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Land Management Workforce 

Flexibility Act’’. 

SEC. 2. PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT 

AGENCIES. 

(a) IN GENERAL.—Subpart I of part III of title 5, United States 

Code, is amended by inserting after chapter 95 the following: 

‘‘CHAPTER 96—PERSONNEL FLEXIBILITIES RELATING 

TO LAND MANAGEMENT AGENCIES 

‘‘Sec. 

‘‘9601. Definitions. 

‘‘9602. Competitive service; time-limited appointments. 

‘‘§ 9601. Definitions 

‘‘For purposes of this chapter— 

‘‘(1) the term ‘land management agency’ means— 

‘‘(A) the Forest Service of the Department of Agriculture; 

‘‘(B) the Bureau of Land Management of the Department of the Interior; 

‘‘(C) the National Park Service of the Department of 

the Interior; 

‘‘(D) the Fish and Wildlife Service of the Department 

of the Interior; 

‘‘(E) the Bureau of Indian Affairs of the Department 

of the Interior; and 

‘‘(F) the Bureau of Reclamation of the Department 

of the Interior; and 

‘‘(2) the term ‘time-limited appointment’ includes a temporary appointment and a term appointment, as defined by 

the Office of Personnel Management. 

‘‘§ 9602. Competitive service; time-limited appointments 

‘‘(a) Notwithstanding chapter 33 or any other provision of law 

relating to the examination, certification, and appointment of 

individuals in the competitive service, an employee of a land 

5 USC 9602. 

5 USC 9601. 

5 USC 9601 prec. 

Land 

Management 

Workforce 

Flexibility Act. 

5 USC 101 note. 

Aug. 7, 2015 

[H.R. 1531] 


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129 STAT. 486 PUBLIC LAW 114–47—AUG. 7, 2015 

management agency serving under a time-limited appointment in 

the competitive service is eligible to compete for a permanent 

appointment in the competitive service at any land management 

agency or any other agency (as defined in section 101 of title 

31) under the internal merit promotion procedures of the applicable 

agency if— 

‘‘(1) the employee was appointed initially under open, 

competitive examination under subchapter I of chapter 33 to 

the time-limited appointment; 

‘‘(2) the employee has served under 1 or more time-limited 

appointments by a land management agency for a period or 

periods totaling more than 24 months without a break of 2 

or more years; and 

‘‘(3) the employee’s performance has been at an acceptable 

level of performance throughout the period or periods (as the 

case may be) referred to in paragraph (2). 

‘‘(b) In determining the eligibility of a time-limited employee 

under this section to be examined for or appointed in the competitive 

service, the Office of Personnel Management or other examining 

agency shall waive requirements as to age, unless the requirement 

is essential to the performance of the duties of the position. 

‘‘(c) An individual appointed under this section— 

‘‘(1) becomes a career-conditional employee, unless the 

employee has otherwise completed the service requirements 

for career tenure; and 

‘‘(2) acquires competitive status upon appointment. 

‘‘(d) A former employee of a land management agency who 

served under a time-limited appointment and who otherwise meets 

the requirements of this section shall be deemed a time-limited 

employee for purposes of this section if— 

‘‘(1) such employee applies for a position covered by this 

section within the period of 2 years after the most recent 

date of separation; and 

‘‘(2) such employee’s most recent separation was for reasons 

other than misconduct or performance. 

‘‘(e) The Office of Personnel Management shall prescribe such 

regulations as may be necessary to carry out this section.’’. 

Regulations. 

Deadline. 

Time period. 

Waiver authority. 


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PUBLIC LAW 114–47—AUG. 7, 2015 129 STAT. 487 

LEGISLATIVE HISTORY—H.R. 1531: 

HOUSE REPORTS: No. 114–182 (Comm. on Oversight and Government Reform). 

CONGRESSIONAL RECORD, Vol. 161 (2015): 

July 7, considered and passed House. 

Aug. 5, considered and passed Senate. 

Æ 

(b) CLERICAL AMENDMENT.—The analysis for part III of title 

5, United States Code, is amended by inserting after the item 

for chapter 95 the following: 

‘‘96. Personnel flexibilities relating to land management agencies ...... 9601’’. 

Approved August 7, 2015. 

5 USC 

prec. 2101. 


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