[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2941 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 2941

To improve the quantity and quality of the quarters of land management 
            agency field employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 1996

  Mr. Hefley introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To improve the quantity and quality of the quarters of land management 
            agency field employees, 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 ``Housing Improvement Act for Land 
Management Agencies''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the provision of employee housing for Federal land 
        management agencies is necessary for the effective management 
        of Federal lands in many locations;
            (2) current government housing does not meet the needs of 
        land management agencies at many locations, in terms of either 
        quantity or quality, for field employees whose duties require 
        their residence on Federal lands;
            (3) current government housing rental rates are based on 
        local or regional comparability studies; however, salaries for 
        most government employees are set nationally and are far behind 
        comparable salaries for similar work;
            (4) current rental levels, which are based on average rents 
        in the region for comparable housing, are unrelated to the 
        actual cost of providing the housing;
            (5) lack of acceptable quality, affordable housing both on 
        and off Federal lands is resulting in significant recruitment 
        and retention problems at a number of field units of the land 
        management agencies; and
            (6) significant opportunities exist to better involve the 
        private sector in resolving the housing deficit for land 
        management agencies.
    (b) Purposes.--The purposes of this Act are--
            (1) to develop an adequate supply of quality housing units 
        for field employees of Federal land management agencies within 
        a reasonable time frame;
            (2) to substantially expand the alternatives available for 
        construction and repair of essential government housing;
            (3) to rely on the private sector to finance or supply 
        housing in carrying out this Act, to the maximum extent 
        possible, in order to reduce the need for Federal 
        appropriations;
            (4) to ensure that housing is affordable to all field 
        employees of Federal land management agencies;
            (5) to provide increased opportunities for the ownership of 
        housing by field employees, together with the equity and tax 
        benefits associated with home ownership; and
            (6) to ensure that adequate funds are available to provide 
        for long-term maintenance needs of field employee housing.

SEC. 3. GENERAL AUTHORITY.

    To promote the recruitment and retention of qualified personnel 
necessary for the effective management of public lands, and 
notwithstanding any provision of section 5536 of title 5, United States 
Code, to the contrary, the Secretary of Agriculture and the Secretary 
of the Interior are authorized to make available employee housing and 
essential amenities, on or off the lands under the administrative 
jurisdiction of the Secretary concerned, and to rent or lease such 
housing to field employees of the respective Department at a reasonable 
value.

SEC. 4. JOINT PUBLIC-PRIVATE SECTOR HOUSING PROGRAMS.

    (a) Lease To Build Program.--
            (1) General authority.--The Secretary concerned may--
                    (A) lease Federal land and interests in land to 
                qualified persons for the construction of field 
                employee quarters and essential amenities for any 
                period not to exceed 50 years; and
                    (B) lease developed and undeveloped non-Federal 
                land for providing field employee quarters.
            (2) Competitive leasing.--Each lease under paragraph (1)(A) 
        shall be awarded through the use of publicly advertised, 
        competitively bid, or competitively negotiated contracting 
        procedures, except that a lease to an employee housing 
        cooperative may be awarded noncompetitively if construction on 
        the leased land is then competitively bid or competitively 
negotiated.
            (3) Terms and conditions.--Each lease under paragraph 
        (1)(A)--
                    (A) may provide that the lessee operate and 
                maintain the field employee quarters during the term of 
                the lease;
                    (B) shall require that the construction and 
                rehabilitation of field employee quarters be done in 
                accordance with the requirements of the land management 
                agency and local applicable building codes and industry 
                standards;
                    (C) shall contain such additional terms and 
                conditions as may be appropriate to protect the Federal 
                interest, including limits on rents the lessee may 
                charge field employees for the occupancy of quarters, 
                conditions on maintenance and repairs, and agreements 
                on the provision of and charges for utilities and other 
                infrastructure;
                    (D) may provide that, upon termination of the 
                lease, the contractor shall abandon the quarters 
                constructed on the property subject to such lease vest 
                in the United States or restore the property to its 
                natural state; and
                    (E) may be granted at less than fair market value 
                if the Secretary determines that such lease will 
                improve the quality and quantity of field quarters 
                available.
            (4) Proceeds.--Any proceeds from any lease under paragraph 
        (1)(A) may, notwithstanding any other provision of law, be 
        retained by the land management agency entering into such lease 
        and shall be used for payment of any costs related to the 
        housing program, including administration, maintenance, repair, 
        rehabilitation, and construction activities incurred by the 
        agency with respect to such lease, property subject to such 
        lease, or any other employee housing project owned by, or under 
        the jurisdiction or control of, such agency. Any surplus 
        proceeds from such leases shall be retained by the agency for 
        these purposes until expended.
            (5) Contributions by united states.--The Secretary may make 
        payments or contributions in kind to reduce the costs of 
        planning, construction, or rehabilitation of quarters under a 
        lease under this subsection. The obligation of the United 
        States to make payments under a lease under this subsection in 
        any fiscal year is subject to the availability of 
        appropriations for that purpose.
            (6) Third party participation.--A lease under this 
        subsection may include provision for participation by a third 
        party, when third party presence is needed or required, and 
        approved by the Secretary concerned.
    (b) Rental Guarantee Program.--
            (1) General authority.--The Secretary concerned may enter 
        into a lease to build arrangement as set forth in subsection 
        (a) with further agreement to guarantee, subject to the 
        availability of appropriations, the occupancy of field employee 
        quarters units constructed or rehabilitated under such lease. A 
        guarantee made under this subsection shall be in writing.
            (2) Limitations.--The Secretary concerned may not 
        guarantee--
                    (A) the occupancy of more than 97 percent of the 
                units constructed or rehabilitated under such lease; 
                and
                    (B) a rental rate that exceeds the rates 
                established under section 10(b).
            (3) Rental to government employees.--A guarantee may be 
        made under this subsection only if the lessee agrees to permit 
        the Secretary concerned to utilize for housing purposes any 
        units for which the guarantee is made.
            (4) Failure to maintain a satisfactory level of operation 
        and maintenance.--A guarantee shall be null and void if the 
        lessee fails to maintain a satisfactory level of operation and 
        maintenance.
    (c) Joint Development Authority.--
            (1) In general.--The Secretary concerned may use 
        authorities granted by statute in combination with one another 
        in the furtherance of providing affordable field employee 
        housing.
            (2) Condition.--The Secretary concerned may condition 
        private development upon provision and management of field 
        employee housing for the Federal Government in the affected 
        location.
    (d) Contracts for the Management of Field Employee Quarters.--
            (1) General authority.--The Secretary concerned may, 
        subject to available appropriations, enter into contracts for 
        the management, repair, and maintenance of field employee 
        quarters.
            (2) Terms and conditions.--Any such contract shall contain 
        such terms and conditions as such Secretary concerned deems 
        necessary or appropriate to protect the interests of the United 
        States and assure that safe, affordable quarters are available 
        to that agency's field employees.
            (3) Rents.--Notwithstanding any other provision of law, any 
        such contract may provide for the setting of rents at rates to 
        be determined by the Secretary concerned in accordance with 
        this Act and for their collection.

SEC. 5. JOINT EMPLOYEE-AGENCY HOUSING PROGRAMS.

    (a) Sale of Quarters.--
            (1) General authority.--The Secretary concerned may sell 
        field employee quarters to field employees of the agency or a 
        cooperative whose membership is made up exclusively of field 
        employees of the agency.
            (2) Interest in lands.--The sale of quarters under 
        paragraph (1) shall be limited to a leasehold interest in 
        lands.
    (b) Lease of Quarters.--The Secretary concerned may lease Federal 
land to field employees of the agency or a cooperative made up of field 
employees of the agency for purposes of constructing employee housing 
and essential amenities.
    (c) Right of First Refusal.--The Secretary concerned shall have 
right of first refusal when any property transferred under this section 
is for sale.
    (d) Covenants.--The Secretary concerned may establish such 
covenants as may be appropriate to the property, upon its sale by the 
Secretary under this section.
    (e) Fair Market Value.--The Secretary concerned may sell or 
transfer employee quarters under this section for less than fair market 
value if the Secretary determines that such a sale or transfer will 
improve the quality of field employee quarters available and keep the 
quarters affordable at the salary ranges of field employees normally 
occupying them.
    (f) Proceeds.--The proceeds under this section may, notwithstanding 
any other provision of law, be retained by the land management agency 
and shall be used for payment of any costs related to the housing 
program, including rehabilitation and construction activities, incurred 
by the agency with respect to property subject to this section or any 
other employee housing project owned by, or under the jurisdiction or 
control of, such agency. Any surplus proceeds under this section shall 
be retained by the agency for those purposes until expended.
    (g) Rule of Construction.--Disposal of employee quarters under this 
section to field employees and cooperatives whose membership is made up 
exclusively of field employees is not disposal of excess Federal real 
property under the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.).

SEC. 6. LEASING OF SEASONAL EMPLOYEE QUARTERS.

    (a) General Authority.--Subject to subsection (b), the Secretary 
concerned may lease quarters at or near an installation in the United 
States for use as seasonal quarters. The rent charged to field 
employees under such a lease shall be that amount which is equal to 
reasonable value.
    (b) Limitation.--The Secretary concerned may only issue a lease 
under subsection (a) if the Secretary finds that there is a shortage of 
adequate and affordable seasonal quarters at or near such installation 
and that--
            (1) the requirement for such seasonal field employee 
        quarters is temporary; or
            (2) leasing would be more cost effective than construction 
        of new seasonal field employee quarters.
    (c) Unrecovered Costs.--The Secretary concerned may pay the 
unrecovered costs of leasing seasonal quarters under this section from 
annual appropriations for the year in which such lease is made.
    (d) Proceeds.--Proceeds from the rental of seasonal quarters under 
this section may, notwithstanding any other provision of law, be 
retained by the land management agency and shall be used for any costs 
related to the housing program, including rehabilitation and 
construction activities incurred by the agency with respect to property 
subject to this section or any other employee housing project owned by, 
or under the jurisdiction or control of, such agency. Any surplus 
proceeds under this section shall be retained by the agency for those 
purposes until expended.
    (e) Rental to Nongovernmental Persons.--The Secretary concerned may 
rent seasonal quarters on Government lands to nongovernment persons 
during those times that such units are not required for seasonal 
employees.

SEC. 7. SURVEY OF EXISTING FACILITIES.

    (a) In General.--Within 2 years after the date of enactment of this 
Act, the Secretary concerned shall--
            (1) complete a condition assessment for all field employee 
        housing for land management agencies under their respective 
        jurisdictions, including the physical condition of such housing 
        and the necessity and suitability of such housing for the 
        effective prosecution of the agency mission, using existing 
        information; and
            (2) develop an agency-wide priority listing, by structure, 
        identifying those units in greatest need for repair, 
        rehabilitation, replacement, or initial construction.
    (b) Certification.--Each Secretary concerned shall review the list 
to certify that Government housing is proposed--
            (1) only where reasonable value private sector housing is 
        not available; and
            (2) where needed for the convenience of the Government to 
        carry out agency mandates.
    (c) Submission.--Each Secretary shall submit a report summarizing 
the study under this section to the Committees on Resources and 
Appropriations of the House of Representatives and the Committees on 
Energy and Natural Resources and Appropriations of the Senate.

SEC. 8. USE OF HOUSING-RELATED FUNDS.

    (a) Appropriations.--Expenditure of any funds authorized and 
appropriated for new construction, repair, or rehabilitation of housing 
under this Act shall follow the housing priority listing established by 
the agency under section 7, in sequential order, to the maximum extent 
practicable. No more than 20 percent of the funds appropriated for 
these purposes shall be spent on other than actual construction 
activities.
    (b) Rental Income.--
            (1) Special fund.--Notwithstanding title 5, United States 
        Code, or any other provision of law, rents and charges 
        collected by payroll deduction or otherwise for use or 
        occupancy of quarters of agencies identified in this Act shall, 
        after the date of enactment of this Act, be deposited in a 
        special fund in each agency, to remain available until 
        expended, for the maintenance and operation of the quarters of 
        that agency.
            (2) Reimbursable account.--All funds generated from rental 
        income shall be deposited to a reimbursable account at no lower 
        than the agency regional office level in order to ensure 
        maximum efficiency in fund utilization.
    (c) Set-Aside Requirement.--For all units of housing where the 
actual rent charged is less than the amount of funding necessary to 
maintain all field employee housing in good condition or upgrade such 
housing to good condition, the manager of that unit or subunit shall 
set aside such additional funds from normal operating accounts as are 
necessary to maintain housing in good condition or upgrade field 
employee housing to good condition over a reasonable period of time.
    (d) Budget Line Item.--The Presidents' proposed budget to Congress 
for the first fiscal year beginning after enactment of this Act, and 
for each subsequent fiscal year, shall identify specifically, in a 
separate line item for each land management agency, non-construction 
funds to be spent for housing maintenance and operations which are in 
addition to rental receipts collected.

SEC. 9. AUTHORITY FOR COOPERATIVE VENTURES FOR INFRASTRUCTURE.

    The Secretary is authorized to enter into cooperative agreements or 
joint ventures with local and State governmental agencies, other 
Federal agencies, Indian tribes, and private entities either on or off 
the lands subject to the jurisdiction of the Secretary, to provide 
appropriate and necessary utility and other infrastructure facilities 
in support of field employee housing facilities provided under this 
Act.

SEC. 10. GENERAL PROVISIONS.

    (a) Construction Limitations on Federal Lands.--The Secretary 
concerned may not utilize any lands for the purposes of providing field 
employee housing under this Act which could impact primary resource 
values of the area or adversely affect the mission of the Department. 
Further, any construction carried out under this Act shall be fully 
consistent with approved land management agency plans.
    (b) Rental Rates.--
            (1) Establishment.--The Secretary concerned shall establish 
        reasonable value rental rates for all quarters occupied by 
        field employees of land management agencies.
            (2) Annual adjustments.--The Secretary concerned may make 
        annually an adjustment for a calendar year in the rental rates 
        established under paragraph (1). Such adjustment may not exceed 
        the Department of Labor's then applicable Consumer Price Index 
        Residential Rent Series annual adjustment factor.
    (c) Availability of Quarters.--In carrying out this Act and section 
5911 of title 5, United States Code, with respect to land management 
agencies, the Secretary concerned shall determine the availability of 
quarters on the basis of the existence, within reasonable commuting 
range of well-constructed and maintained housing suitable to the 
individual and family needs of the field employee at a reasonable 
value.

SEC. 11. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``employee'' means an employee of an agency or 
        an officially enrolled volunteer;
            (2) the term ``essential amenities'' means day care, 
        laundromats, and recreational facilities and such other 
        amenities as the Secretary deems appropriate.
            (3) the term ``field employee'' means an employee who is 
        exclusively assigned to perform duties at a field unit 
        (including but not limited to a forest, park, or refuge) and 
        does not include any person assigned to any regional or other 
        central office.
            (4) the term ``land management agency'' means--
                    (A) the National Park Service, United States Fish 
                and Wildlife Service, Bureau of Land Management, Bureau 
                of Reclamation, and Bureau of Indian Affairs, 
                Department of the Interior; and
                    (B) the Forest Service, Department of Agriculture;
            (5) the term ``primary resource values'' means resources 
        which are specifically mentioned in the enabling legislation 
        for that field unit or other resource value recognized under 
        Federal statute;
            (6) the term ``quarters'' means quarters owned or leased by 
        the Government;
            (7) the term ``reasonable value'' means--
                    (A) in the case of field employees whose pay is not 
                based on local comparability, a base rental rate which 
                is comparable to private rental rates for comparable 
                housing facilities and associated amenities, but not 
                more than the national average of rental rates for 
                renters inclusive of utilities, whether paid as part of 
                rent or paid directly to a third party, as determined 
                by the most recent survey of American housing rental 
                rates by the Bureau of the Census, Department of 
                Commerce; and
                    (B) in the case of field employees whose pay is 
                established on the basis of local comparability, the 
                value which is established on the basis of local or 
                regional housing market surveys conducted pursuant to 
                regulations issued under section 5911 of title 5, 
                United States Code;
            (8) the term ``seasonal quarters'' means quarters typically 
        occupied by field employees who are hired on assignments of 180 
        days or less; and
            (9) the term ``Secretary concerned'' means the Secretary of 
        the Interior or the Secretary of Agriculture, as appropriate.

SEC. 12. AUTHORIZATION.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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HR 2941 IH----2