Rule2023-26723
Appointment of Current and Former Land Management Employees
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 6, 2023
Effective
January 5, 2024
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management (OPM) is issuing final regulations to allow certain current and former employees of a land management agency to compete for a permanent position at such agency, when the agency is accepting applications from individuals within the agency's workforce under promotion and internal placement (i.e., merit promotion) procedures; or at any hiring agency when the agency is accepting applications from individuals outside its own workforce under merit promotion procedures. The intended effect of this hiring authority is to provide a pathway for current and former land management employees currently serving (or served) under time-limited appointments, who have not received a permanent appointment in the competitive service, to compete for vacant permanent Federal positions in the competitive service under merit promotion procedures.
Full Text
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<title>Federal Register, Volume 88 Issue 233 (Wednesday, December 6, 2023)</title>
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[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Rules and Regulations]
[Pages 84685-84690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26723]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 /
Rules and Regulations
[[Page 84685]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 315 and 335
RIN 3206-AN28
Appointment of Current and Former Land Management Employees
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
regulations to allow certain current and former employees of a land
management agency to compete for a permanent position at such agency,
when the agency is accepting applications from individuals within the
agency's workforce under promotion and internal placement (i.e., merit
promotion) procedures; or at any hiring agency when the agency is
accepting applications from individuals outside its own workforce under
merit promotion procedures. The intended effect of this hiring
authority is to provide a pathway for current and former land
management employees currently serving (or served) under time-limited
appointments, who have not received a permanent appointment in the
competitive service, to compete for vacant permanent Federal positions
in the competitive service under merit promotion procedures.
DATES: This rule is effective January 5, 2024.
FOR FURTHER INFORMATION CONTACT: Michelle T. Glynn, (202) 606-1571, by
TDD: 1-800-877-8339, or email: <a href="/cdn-cgi/l/email-protection#402d292328252c2c256e272c392e2e002f302d6e272f36"><span class="__cf_email__" data-cfemail="630e0a000b060f0f064d040f1a0d0d230c130e4d040c15">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Under most circumstances, individuals who are serving (or served)
under time-limited appointments are not eligible to compete under merit
promotion procedures for permanent positions in the competitive
service. Generally, positions filled under merit promotion procedures
are only open to current career or career conditional employees to
include certain veterans who are eligible under the Veterans Employment
Opportunities Act (VEOA) of 1998, as amended. Because time-limited
employees are not career or career conditional employees, they may
never be considered for permanent positions under merit promotion
procedures. To remedy this situation, Congress enacted the Land
Management Workforce Flexibility Act (``the Act'') under 5 U.S.C. 9601
and 9602 to better assist certain time-limited employees in Federal
land management agencies to compete for vacant permanent positions in
the competitive service under merit promotion procedures.
To implement the Act, OPM published proposed regulations in the
Federal Register at 85 FR 29348 on May 15, 2020. Specifically, OPM
proposed to allow certain current and former land management employees
who are serving (or served) under time-limited appointments and have
not received a permanent position in the Federal government to compete
for permanent positions under merit promotion procedures in 5 CFR parts
316 and 335. After considering the comments received, OPM is finalizing
the proposed amendments with modifications as discussed in the next
section. OPM is also adopting several non-substantive modifications
from the proposed to the regulatory text to improve clarity.
Comments on the Proposed Rule
OPM received five comments on the proposed rule: four from
individuals and one from a Federal employee union. One individual
commented that the rule does not address whether a land management
eligible with competitive status is subject to time-in-grade (TIG)
restrictions when using this authority. The commenter also asked
whether a land management eligible who already held a permanent job
could use his or her eligibility multiple times when applying for
positions under promotion and internal placement (i.e., merit
promotion) procedures. The commenter suggested that OPM state clearly
in the regulation whether these situations are allowed.
Agencies cannot use this authority to circumvent TIG requirements.
TIG exists to prevent excessively rapid promotions in competitive
service General Schedule positions and to protect competitive
principles. In accordance with 5 CFR 300.603, TIG applies to an
individual who served on a non-temporary appointment within the 52-week
period prior to advancement. Based on the scenario described above, the
permanent employee, who was formerly a time-limited employee, would be
subject to time-in-grade if seeking a higher-graded position. In
accordance with 5 U.S.C. 9602, eligibility under these regulations
applies to certain individuals serving, or who served, under a time-
limited appointment and have not received a permanent position in the
Federal government. OPM will address this and other scenarios
pertaining to TIG requirements in supplemental guidance.
One individual expressed concern over the hiring practices at the
Bureau of Land Management (BLM) and dissatisfaction with the current
BLM leadership. This individual did not have any objections to or
suggestions on the proposed regulation. OPM will not address this
comment because it is beyond the scope of the proposed regulations.
Two individuals provided positive comments and expressed strong
support for the proposed regulation. A retired National Park Ranger
stated that he strongly supports the proposed regulation because it
greatly benefits the National Park Service in the recruitment and
retention of new and diverse employees. Another individual stated that
this regulation will help temporary employees find full-time permanent
employment and hiring managers to attract experienced workers. OPM
appreciates this support.
One individual suggested that OPM amends the proposed rule to allow
employees who previously served on a temporary appointment have that
time credited toward the probationary or trial period. OPM is not
adopting this suggestion because it is not necessary. The governing
statute at 5 U.S.C. 9602(c)(2) states that individuals appointed under
this authority acquire competitive status upon appointment. Competitive
status is acquired after completion of a probationary period in
accordance with 5 CFR 212.301. The
[[Page 84686]]
statute deems a land management eligible who is selected to have
completed a probationary period upon appointment under this authority.
The proposed regulation at 5 CFR 315.613(d) states this.
The same individual suggested that OPM modifies proposed Sec.
335.107 to make clear that a land management eligible may compete for a
permanent position at any agency when the position is being filled
under merit promotion procedures. OPM is not adopting this suggestion.
The Act at 5 U.S.C. 9602 established the conditions and criteria under
which certain current or former land management employees may compete
for a permanent position under merit promotion procedures. The
suggested language is not in accordance with this statute. The language
in the proposed rule is consistent with the governing statute and
reflects the conditions under which a land management employee may
compete when a job is advertised under merit promotion procedures and
open to candidates from outside an agency's workforce or under merit
promotion procedures and open to candidates from within an agency's
workforce.
A Federal employee union commented that its primary concern is to
ensure the regulation and supplementary information reflect the
statutory requirement that agencies must allow all land management
eligibles to compete for vacancies filled under their merit promotion
procedures. This Federal employee union submitted several specific
comments that are discussed throughout the remainder of the
Supplementary Information section of this preamble.
Federal Employee Union Comments on the Supplementary Information of the
Proposed Rule
The employee union stated:
The primary thrust of the statute, as expressed in its first
sentence, is to establish that a land management eligible ``is
eligible to compete (emphasis added).'' [sic] It is therefore
mandatory that agencies consider land management eligible
applicants.
This is not reflected in the first sentence in the supplementary
information under ``Description of the Flexibility (p. 29349)''
which states, in relevant part, ``. . . an agency may use this
authority to allow a current or former land management eligible . .
. to compete for a permanent position. . .'' (emphasis added). The
term ``may'' gives agencies discretion to ``allow'' or to not allow
land management eligibles to compete. In fact, the statute is
prescriptive in this regard, in that it states that land management
eligibles are ``eligible to compete.'' It is not within the
authority of an agency to remove that which Congress has bestowed.
We recommend this be revised to state ``. . .under this authority,
an agency must to allow [sic] a current or former land management
eligible. . . to compete for a permanent position . . .'' (emphasis
in original.)
The employee union also asserted the sentence quoted above (``. . .
an agency may use this authority to allow a current or former land
management eligible . . . to compete for a permanent position . . .''
(emphasis in original)) had to be ``a simple drafting error'' because
in the same section the supplementary information stated: ``an agency
must consider a land management eligible (also under ``Description of
the Flexibility, '' p. 29349).'' Nevertheless, the presence of the
first sentence remained ``problematic as it introduces ambiguity that
could lead to flawed implementation.''
OPM thanks the Federal employee union for the comment. No
modification to the regulatory text is needed as it already reflects
that agencies have the discretion whether to fill their positions under
promotion and internal placement (i.e., merit promotion) procedures (5
CFR part 335) or through another hiring authority. OPM further notes
that the difference in the sentences was not a drafting error, but
rather reflect different points in the hiring process. OPM's use of
``must'' in the second reference under ``Description of the
flexibility'' modifies the phrase ``consider a land management eligible
. . .'' It relates to when a land management eligible applies for a
permanent position. That is, once an agency makes the determination to
use its discretion to advertise for a permanent position under
Promotion and Internal Placement procedures at 5 CFR 335, certain land
management eligibles must be considered.
The employee union further objected to the phrase--``. . . will be
expected to consider land management eligibles . . . (under ``Land
Management Workforce Flexibility Act, as Amended,'' [sic] p. 29349)''
in two places because that phrase did not create requirements and was
not a term of art. In the alternative, the employee union again
recommended revising the language ``to clearly articulate the statutory
requirement that agencies must to consider [sic] land management
eligibles.''
OPM agrees and clarifies that agencies who use their discretion to
hire for positions under proposed parts 315 and 335 must consider
eligible land management applicants who apply for permanent positions.
Federal Employee Union Comments on the Regulatory Text at Sec. 335.107
The employee union recommended revising the language at Sec.
335.107 to make it clear that land management eligibles are entitled to
compete for permanent positions. It asserted ``[t]he statement that
they `may compete' is not, in our view, sufficiently prescriptive in
this regard.''
OPM does not believe this change is necessary because `may' and
`are entitled' have the same meaning in this context. The law does not
require individuals to compete, it allows them to, hence our use of
``may.'' Further, this formulation parallels language currently in
Sec. 335.106 pertaining to individuals eligible under the Veterans
Employment Opportunities Act of 1998, as amended. We retained ``may
compete'' for consistency in part 335.
The employee union further commented that the proposed Sec.
335.107, ``Special selection procedures for certain land management
eligibles under merit promotion'' (emphasis added) is problematic
because it implies some but not all land management eligibles are
eligible to compete for permanent positions. The employee union added
``In fact, the section applies to all land management eligibles, as
defined in the statute and in the proposed regulation, not only to
certain ones . . . [and] could lead practitioners to wrongfully exclude
subsets of land management eligibles.'' The employee union recommended
deleting the word ``certain'' from the heading.
OPM notes this section applies only to those land management
employees who meet the eligibility requirements of the statute (i.e.,
current and former time-limited land management employees). OPM agrees,
however, the original title may cause confusion by suggesting greater
limitations beyond meeting the eligibility requirements. Consequently,
OPM has revised the section heading for proposed Sec. 335.107 to read,
``Sec. 335.107. Special selection procedures for land management
eligibles under merit promotion.''
The employee union further stated that Sec. 335.107 should be
revised to reflect that the section was not about selection procedures
and the Act established an ``entitlement to compete.'' Consequently, it
recommended changing the heading to ``Entitlement of land management
eligibles to compete for permanent positions under merit promotion.''
OPM disagrees with this comment. This section is about selection
procedures, as it encompasses eligibility
[[Page 84687]]
for selection as well as how selected individuals will be appointed
(i.e., given a career or career-conditional appointment in accordance
with 5 CFR 315.613). This formulation parallels language currently in
Sec. 335.106 pertaining to individuals eligible under the Veterans
Employment Opportunities Act of 1998, as amended. We retained
``selection procedures'' for consistency in part 335.
The employee union disagrees with the phrase ``if otherwise
qualified'' in the regulatory language at Sec. 335.107 and states the
phrase suggests some but not all land management employees are
eligible. The employee union further states that the statute and the
proposed definition at Sec. 315.613(b)(3) makes all land management
employees eligible to compete for a permanent position and fears it
could lead human resources specialists to wrongfully exclude subsets of
eligible land management employees. The employee union recommends
replacing ``if otherwise qualified'' with ``if they properly apply and
otherwise meet qualifications for the position.''
OPM is not adopting this suggestion. The phrase ``if otherwise
qualified'' describes who may compete under merit promotion procedures
in part 335 and entails more general considerations, such as whether an
applicant meets the qualifications for the position being filled,
satisfies any applicable time-in-grade requirements, etc.
The employee union also provided a list of additional recommended
edits to the proposed language at Sec. 335.107 as follows:
1. ``There is a spurious close parenthesis in the parent
phrase.''
OPM agrees and removed the extraneous parenthesis in Sec. 335.107.
2. ``As written, `compete' is under (a) and therefore does not
apply to (b), leaving that which a land management eligible may do
under the circumstances described under (b) unspecified. `Compete'
should be the last word of the parent phrase, not the first word
under (a).''
OPM agrees and has revised the text in Sec. 335.107 to the
following: ``. . . may compete, if otherwise qualified:''
3. ``As written, the phrase ``in accordance with Sec. 315.613''
applies only to (b). It should apply to both (a) and (b) and
therefore should be moved to the parent phrase.''
4. ``As written, it is specified that a land management eligible
selected to such a position is given a career or career-conditional
appointment only in (b), but not in (a). This requirement exists for
both.''
OPM agrees with both comments immediately above and has modified
Sec. 335.107(a) to include similar language to what appears in
paragraph (b).
5. ``As written, it is specified that a permanent position
subject to the requirements of the statute are in the competitive
service in (a), but not in (b). This requirement exists for both.''
OPM agrees and has revised the text by removing the reference to
``in the competitive service'' at Sec. 335.107(a). The reference to
the ``competitive service'' at Sec. 335.107(a) is superfluous because,
by definition, merit promotion procedures can only be used to fill
positions in the competitive service. We also revised the text at Sec.
335.107(b) to coincide. Further, the sentence added to Sec. 315.613(a)
based on earlier comments notes the types of appointments available,
which also are only available in the competitive service.
6. ``As written, the use of the conjunction `or' at the end of
(a) would mean a land management eligible could compete under (a) or
under (b), but not both. In fact, a land management eligible is not
precluded from, for example, applying for a position under (a) by
virtue of having applied for one under (b). The appropriate
conjunction for this circumstance is `and.'
OPM is not adopting the suggestion to replace ``or'' with ``and''
between Sec. 335.107(a) and (b). OPM's use of ``or'' conveys that a
land management eligible may compete in either of two instances: if a
job is advertised under merit promotion procedures outside the agency's
workforce, or if a job is advertised under merit promotion procedures
within the agency's workforce. The use of ``and'' may confuse readers
to think a land management eligible may only apply when a job is
advertised both ways.
7. ``The statement `A land management eligible so selected will
be given a career or career-conditional appointment' does not go to
the point of the section, the entitlement of land management
eligibles to compete for permanent positions. It is one of several
aspects that relate to selection. As such, it is handled under the
section dealing with these matters, at Sec. 315.613(e). It is not
needed here.
OPM notes that the employee union also commented above at #4 that
this sentence only appeared in Sec. 335.107(b) but also applied to
Sec. 335.107(a). OPM accepted the change requested at comment #4 and
added the language to paragraph (a). However, OPM disagrees with
comment #7. We believe describing the type of appointment a land
management eligible may receive is appropriate under this section
heading, as it is an aspect of selection. We note this reference to the
type of appointment parallels language currently in Sec. 335.106
pertaining to individuals eligible under the Veterans Employment
Opportunities Act of 1998, as amended. We retained this formulation in
proposed Sec. 335.107 for consistency with part 335.
To effectuate these requested changes, the employee union
recommended that OPM redraft Sec. 335.107 as follows:
Sec. 335.107. Entitlement of Land Management Eligibles To Compete for
Permanent Positions Under Merit Promotion
A current or former time-limited employee of a land management
agency who is a land management eligible, as defined in Sec.
315.613(b)(3), is entitled to compete in accordance with the provisions
of Sec. 315.613:
(a) for a permanent position in the competitive service at any
agency (including, but not limited to, a land management agency) when
that agency is accepting applications from individuals outside its own
workforce under its merit promotion procedures; and
(b) for a permanent position in the competitive service at the land
management agency at which they were most recently an employee when
that agency is accepting applications from individuals within the
agency's workforce under its merit promotion procedures.
OPM responded to each bulleted issue individually above and is not
adopting the recommended language in its entirety. As previously noted,
we are making many of the recommended revisions to Sec. 335.107 based
on the concerns expressed by the employee union. OPM also notes that a
former time-limited employee of a land management agency who is a land
management eligible is considered ``within the [land management]
agency's workforce'' as long as the employee was most recently an
employee of that agency (date of separation was not more than 2 years
prior to application), even if the time-limited appointment has ended.
See 5 U.S.C. 9602(d).
Expected Impact of This Final Rule
A. Statement of Need
OPM is issuing this final rule to implement statutory changes that
allow certain current and former time-limited employees of a land
management agency to compete for permanent positions at a land
management agency, when the agency is accepting applications from
individuals within the agency's workforce under merit promotion
procedures; or at any agency when the agency is accepting applications
from individuals from outside its own workforce under merit
[[Page 84688]]
promotion procedures. These changes are in response to the enactment of
the Act, Public Law 114-47, 5 U.S.C. 9601 and 9602.
B. Impact
This final rule provides a pathway for certain current and former
land management employees currently serving (or who have served) under
time-limited appointments at 5 CFR part 316 to compete for vacant
permanent Federal positions in the competitive service under merit
promotion procedures. Prior to enactment of the Act, these individuals
competed for Federal jobs open to U.S. citizens through an open
competitive process (unless the Land Management eligible had previously
acquired competitive status). These employees now have statutory
eligibility to compete under merit promotion procedures under certain
circumstances. Thus, the law treats these individuals as if they had
competitive status for purposes of applying for permanent Federal jobs
advertised under an agency's merit promotion procedures. A potential
impact may be that the demand for jobs advertised under these
procedures could increase, as measured by an increase in the number of
applicants vying for positions advertised under these procedures. This
may result in longer processing times or ``time to hire'' periods than
was previously the case.
Another potential impact could be on job-seeking veterans whose
eligibility derives from the Veterans Employment Opportunities Act
(VEOA) of 1998, as amended. The VEOA provides eligible veterans with
the right to apply for positions advertised under merit promotion
procedures when the hiring agency seeks applicants outside the hiring
agency's workforce. Prior to enactment of the Act, VEOA eligible
veterans were the only group with a statutory entitlement to compete
for positions being filled by an agency from outside its own workforce
under merit promotion procedures. In general, this may increase
competition for these positions in general, and thus may reduce the
chances of a VEOA eligible being selected for one of these positions.
Lastly, this rule could impact current employees of land management
agencies serving in career-ladder positions. An employee in a career
ladder position may be non-competitively promoted to the next highest
grade-level, provided the next highest grade-level is within the
career-ladder, the employee meets time-in-grade requirements, and is
otherwise qualified for the duties at the next highest grade level.
Because the Act extends eligibility to individuals outside the agency's
or the Federal government's workforce, employees in career-ladder
positions may now find themselves pitted against these external
candidates.
OPM cannot quantify the size of these potential impacts (including
the impact on VEOA eligible) because we have no way of knowing the
volume or frequency with which land management eligibles may apply for
a position under these rules.
C. Regulatory Alternatives
There is no regulatory alternative to the final rule because OPM is
required by the Act to implement the statute through regulations (see 5
U.S.C. 9602(e)).
D. Costs
The costs associated with the final rule are minimal and include:
the costs associated with the resources needed to process a potentially
higher volume of job applicants for certain Federal jobs and the usual
learning curve of implementing a regulatory change. To help minimize
the latter cost, OPM intends to issue supplemental, explanatory
guidance as well as provide technical assistance upon request to any
agency that may require such assistance. Because agency resources and
the potential volume of increased job applicants vary, OPM cannot
monetize the costs of these rules.
E. Benefits
The final rule will benefit certain employees and former employees
of land management agencies and may benefit hiring agencies as well.
These rules allow current and former time-limited employees of land
management agencies who are otherwise ineligible (i.e., they have not
acquired competitive status nor do they have reinstatement eligibility)
to compete for permanent jobs under merit promotion procedures to do
so. Time-limited employees are ineligible to compete for vacant
permanent positions advertised under merit promotion procedures
because, by definition, they do not acquire competitive status on the
basis of the time-limited appointment. Generally, positions filled
under merit promotion procedures are open to current or former career
or career-conditional employees, certain veterans eligible under the
VEOA and other individuals with special appointment eligibilities who
are treated as if they have competitive status (i.e., former peace
corps volunteers or certain military spouses). Because many agencies
fill non-entry level positions using merit promotion procedures,
qualified time-limited employees may never be considered for these
positions under merit promotion procedures. To remedy this
circumstance, Congress enacted the Act to provide a pathway for certain
time-limited employees in Federal land management agencies to permanent
positions. These provisions allow eligible current and former time-
limited land management employees to compete for permanent positions in
the competitive service under merit promotion procedures that
previously were closed to them.
Hiring agencies may benefit from having an additional source of
experienced land management employees to consider under their merit
promotion procedures who otherwise may not have been within reach for
selection when applying through the competitive examining process. This
potential benefit must be balanced with the costs associated with
processing a potentially higher volume of job applicants (including
longer time-to-hire processing times) under merit promotion procedures.
Regulatory Review
OPM has examined the impact of this rule as required by Executive
Orders 12866, 13563, and 14094, which direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public,
health, and safety effects, distributive impacts, and equity). This
rule is considered a ``significant regulatory action'' under section
3(f) of Executive Order 12866.
Regulatory Flexibility Act
The Director of OPM certifies that this rule will not have a
significant economic impact on a substantial number of small entities
because it applies only to Federal agencies and employees.
Federalism
The Office of Personnel Management has examined this rulemaking in
accordance with Executive Order 13132, Federalism, and have determined
that this rulemaking will not have any negative impact on the rights,
roles, and responsibilities of State, local, or tribal governments.
Civil Justice Reform
This regulation meets the applicable standard set forth in
Executive Order 12988.
[[Page 84689]]
Unfunded Mandates Reform Act of 1995
This rulemaking will not result in the expenditure by state, local,
and tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any year and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Congressional Review Act
Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996 (also known as the Congressional Review Act) (5 U.S.C. 801
et seq.) requires rules (as defined in 5 U.S.C. 804) to be submitted to
Congress before taking effect. OMB's Office of Information and
Regulatory Affairs has determined this is not a major rule as defined
by the Congressional Review Act (5 U.S.C. 804(2)).
Paperwork Reduction Act
This rulemaking does not impose any reporting or record-keeping
requirements subject to the Paperwork Reduction Act.
List of Subjects in 5 CFR Parts 315 and 335
Government employees.
Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
Accordingly, OPM amends 5 CFR parts 315 and 335 as follows:
PART 315--CAREER AND CAREER CONDITIONAL EMPLOYMENT
0
1. The authority citation for part 315 is revised to read as follows:
Authority: 5 U.S.C. 1302, 3301, and 3302; E.O. 10577, 3 CFR,
1954-1958 Comp. p. 218, unless otherwise noted; and E.O. 13162.
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 E.O. 12034, 3 CFR, 1978 Comp. p.111. Sec. 315.606 also issued
under E.O. 11219, 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, 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 E.O. 13473. Sec 315.613 also issued under
Pub. L. 114-47, sec. 2(a) (Aug. 7, 2015), amended by Pub. L. 114-
328, sec. 1135 (Dec. 23, 2016), as codified at 5 U.S.C. 9602. Sec.
315.708 also issued under E.O. 13318, 3 CFR, 2004 Comp. p. 265. Sec.
315.710 also issued under E.O. 12596, 3 CFR, 1978 Comp. p. 264.
Subpart F--Career or Career Conditional Appointment Under Special
Authorities
0
2. Add Sec. 315.613 to subpart F to read as follows:
Sec. 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
[[Page 84690]]
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 Sec. 315.201.
PART 335--PROMOTION AND INTERNAL PLACEMENT
0
3. The authority citation for part 335 is revised to read as follows:
Authority: 5 U.S.C. 3301, 3302, 3330; E.O. 10577, 3 CFR 1954-
1958 Comp., p. 218; 5 U.S.C. 3304(f); Pub. L. 106-117; Pub. L. 114-
47, sec. 2(a) (Aug. 7, 2015), as amended by Pub. L. 114-328, sec.
1135 (Dec. 23, 2016), codified at 5 U.S.C. 9602.
Subpart A--General Provisions
0
4. Add Sec. 335.107 to subpart A to read as follows:
Sec. 335.107 Special selection procedures for land management
eligibles under merit promotion.
A current or former land management employee of a land management
agency, who is a land management eligible, as defined in Sec.
315.613(b)(3) of this chapter, may compete, if otherwise qualified for:
(a) A permanent position at any agency (including, but not limited
to, a land management agency), in accordance with the provisions of
Sec. 315.613 of this chapter, when that agency is accepting
applications from individuals outside its own workforce under merit
promotion procedures. A land management eligible so selected will be
given a career or career-conditional appointment under Sec. 315.613;
or
(b) A permanent position at the land management agency with which
the individual was most recently an employee, in accordance with the
provisions of Sec. 315.613 of this chapter, when the agency is
accepting applications from individuals within the agency's workforce
under its merit promotion procedures. A land management eligible so
selected will be given a career or career-conditional appointment under
Sec. 315.613.
[FR Doc. 2023-26723 Filed 12-5-23; 8:45 am]
BILLING CODE 6325-39-P
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</html>Indexed from Federal Register on December 6, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.