,,ii  #aacth ,,congress  #ast ,session  
,s4 #aabj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #g1 #bjac
 ,mr4 ,tester 7for himself and ,mr4     
,udall of ,colorado7 introduced the     
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to provide authorities for  
the appropriate conversion of temporary 
seasonal wildland firefighters and other
 temporary seasonal employees in        
,federal land management agencies who   
perform regularly recurring seasonal    
work to permanent seasonal positions4   
#a4 ,short title ,this ,act may be cited
 as the ,land ,management ,workforce    
,flexibility ,act4  #b4 ,personnel      
flexibilities relating to land          
management agencies  7a7 ,in general    
,subpart ,i of part ,,iii of title #e1  
,united ,states ,code1 is amended by    
inserting after chapter #ie the         
following3  #if ,,personnel             
,,flexibilities ,,relating ,,to ,,land  

,,management ,,agencies  ,sec4 #ifja4   
,definition4 #ifjb4 ,competitive        
service2 time-limited appointments4     
#ifja4 ,definitions ,for purposes of    
this chapter--  7#a7 the term land      
management agency means--  7,a7 the     
,forest ,service of the ,department of  
,agriculture2  7,b7 the ,bureau of ,land
 ,management of the ,department of the  
,interior2  7,c7 the ,national ,park    
,service of the ,department of the      
,interior2  7,d7 the ,fish and ,wildlife
 ,service of the ,department of the     
,interior2  7,e7 the ,bureau of ,indian 
,affairs of the ,department of the      
,interior2 and  7,f7 the ,bureau of     
,reclamation of the ,department of the  
,interior2  7#b7 the term successor     
permanent position means1 with respect  
to a time-limited position1 a permanent 
position in the competitive service with
 the same or substantially similar major
 duties and qualification requirements  
in the same major subdivision of the    
same land management agency as the      

time-limited position2 and  7#c7 the    
term time-limited appointment includes a
 temporary appointment and a term       
appointment1 as defined by the ,office  
of ,personnel ,management4  #ifjb4      
,competitive service2 time-limited      
appointments  7a7 ,eligibility ,to      
compete for permanent appointments      
,notwithstanding chapter #cc or any     
other provision of law relating to the  
examination1 certification1 and         
appointment of individuals in the       
competitive service1 an employee of a   
land management agency serving under a  
time-limited appointment in the         
competitive service is eligible to      
compete for a permanent appointment in  
the competitive service under the merit 
promotion procedures of the land        
management agency if--  7#a7 the        
employee was appointed initially under  
open1 competitive examination under     
subchapter ,i of chapter #cc to the     
time-limited appointment2  7#b7 the     
employee has served under #a or more    

time-limited appointments by the land   
management agency for a period or       
periods totaling not less than #bd      
months without an intervening break of  
#b or more years2 and  7#c7 the         
performance of the employee under the   
time-limited appointments has been at an
 acceptable level of performance during 
the period of service described in      
paragraph 7#b74  7b7 ,conversion to     
successor permanent positions  7#a7 ,in 
general ,notwithstanding chapter #cc or 
any other provision of law relating to  
the examination1 certification1 and     
appointment of individuals in the       
competitive service1 an employee of a   
land management agency serving under a  
time-limited appointment in the         
competitive service shall be offered any
 successor permanent position that the  
land management agency decides to fill  
and1 with the agreement of the employee1
 be appointed to the successor permanent
 position if--  7,a7 the employee was   
appointed initially under open1         

competitive examination under subchapter
 ,i of chapter #cc to the time-limited  
appointment2  7,b7 7i7 the job          
announcement for the time-limited       
position stated that there was potential
 for the position to become permanent2  
or  7ii7 the first time-limited         
appointment of the employee by the land 
management agency occurred before the   
date of enactment of this chapter2  7,c7
 the employee has served under #a or    
more time-limited appointments in a     
position or positions in the land       
management agency with the same or      
substantially similar major duties and  
qualification requirements as the       
successor permanent position for a      
period or periods totaling not less than
 #bd months without an intervening break
 of #b or more years2 and  7,d7 the     
performance of the employee under the   
time-limited appointments has been at an
 acceptable level of performance during 
the period of service described in      
subparagraph 7,c74  7#b7 ,preference    

eligibles ,if #b or more employees are  
eligible to be offered a successor      
permanent position under paragraph 7#a71
 the land management agency shall give  
priority to such an employee who is a   
preference eligible4  7#c7 ,equal       
preference ,if #b or more employees are 
eligible to be offered a successor      
permanent position under paragraph 7#a7 
and have equal priority for the         
successor permanent position1 the land  
management agency shall use competitive 
procedures consistent with merit system 
principles to determine to which        
employee the successor permanent        
position will be offered4  7c7          
,treatment of appointed employees ,an   
appointment to a position under         
subsection 7a7 or 7b7 shall be a        
career-conditional appointment1 unless  
the employee has otherwise completed the
 service requirements for a career      
appointment4  7d7 ,competitive status   
,an employee appointed to a position    
under subsection 7a7 or 7b7 shall       

acquire competitive status upon         
appointment4  7e7 ,time-,limited        
employees separated from service  7#a7  
,in general ,this section shall apply   
with respect to an employee of a land   
management agency serving under a       
time-limited appointment who has been   
separated from service for reasons other
 than misconduct or unacceptable        
performance4  7#b7 ,application ,for an 
employee described in paragraph 7#a7--  
7,a7 this section shall apply as if the 
employee occupied the time-limited      
position from which the employee was    
most recently separated2 and  7,b7 a    
land management agency shall be deemed  
to have met the requirements under this 
section relating to the employee if     
notice is sent to the last known address
 of the employee not later than #ba days
 before a successor permanent position  
for which the employee is eligible is   
filled4  7f7 ,regulations ,the ,office  
of ,personnel ,management shall         
prescribe such regulations as may be    

necessary to carry out this section4  4 
7b7 ,clerical amendment ,the analysis   
for part ,,iii of title #e1 ,united     
,states ,code1 is amended by inserting  
after the item for chapter #ie the      
following3  #if4 ,personnel             
flexibilities relating to land          
management agencies#ifja  4