[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1314 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1314
To authorize the Secretary of the Interior to enter into partnerships
to develop housing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023
Mr. Moore of Utah (for himself, Mr. Panetta, Mr. Newhouse, and Ms.
Porter) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to enter into partnerships
to develop housing, 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 ``Lodging Options Developed for
Government Employees Act'' or the ``LODGE Act''.
SEC. 2. HOUSING PARTNERSHIPS; OCCUPANCY.
(a) In General.--Subchapter III of chapter 1013 of title 54, United
States Code, is amended--
(1) by amending section 101331 to read as follows:
``Sec. 101331. Definitions
``In this subchapter:
``(1) Field employee.--The term `field employee' means--
``(A) an employee of the Service who is exclusively
assigned by the Service to perform duties at a System
unit, and the members of the employee's family;
``(B) an individual performing duties at the System
unit who is employed by a Service concession,
partnership, educational, or conservation organization,
whose work supports the mission of the System unit, and
the members of the individual's family;
``(C) an individual who is authorized to occupy
Federal Government quarters under section 5911 of title
5 in the vicinity of the System unit, including
individuals who are employees of other Federal
agencies, and the members of the individual's family;
or
``(D) an employee of the Federal Government who
is--
``(i) eligible to live in government
housing; and
``(ii) not an employee of the Service.
``(2) Fundamental resources.--The term `fundamental
resources' means resources essential to achieving the purposes
of the System unit and maintaining its significance, as
identified by the agency in planning documents, including
Foundation Documents.
``(3) Housing accommodation project.--The term `housing
accommodation project' means a project for the development,
construction, rehabilitation, repair, maintenance, operation or
management of housing accommodations, including related
facilities and infrastructure, pursuant to an agreement entered
into under section 101334.
``(4) Housing partnership agreement.--The term `housing
partnership agreement' means an agreement for a housing
accommodation project entered into under section 101334.
``(5) Housing units.--The term `housing units' means
housing units occupied by members of the public in housing
accommodations developed or leased on non-Federal lands under
this subchapter.
``(6) Member of the public.--The term `member of the
public' means an individual, and the members of the
individual's family, who is not a Federal Government employee.
``(7) Primary resource values.--The term `primary resource
values' means resources that are specifically mentioned in the
enabling legislation for that field unit or other resource
value recognized under Federal statute.
``(8) Public lands.--The term `public lands' means lands
under the administrative jurisdiction of the Federal
Government.
``(9) Quarters.--The term `quarters' means quarters
occupied by field employees and are, for such purpose--
``(A) provided by the Federal Government; or
``(B) developed or leased by the Federal Government
in accordance with a housing partnership agreement,
lease, or contract under this subchapter.'';
(2) in section 101332--
(A) in subsection (a)(2), by--
(i) striking ``rates'' and inserting
``affordable rates''; and
(ii) by inserting ``, unless otherwise
authorized,'' after ``based'';
(B) in subsection (c)--
(i) by inserting ``under the administrative
jurisdiction of the Service'' after ``any
land''; and
(ii) by inserting ``or fundamental
resources'' after ``primary resource value'';
and
(C) in subsection (d), by inserting ``, unless
otherwise authorized,'' after ``that are based'';
(3) in section 101333, by inserting ``or affordability''
after ``lack of availability'';
(4) by amending section 101334 to read as follows:
``Sec. 101334. Authorization for housing accommodation projects
``(a) In General.--The Secretary may, pursuant to the authorities
contained in this subchapter and subject to the appropriation of
necessary funds in advance, enter into housing partnership agreements
with other Federal agencies, State or local governments, Tribal
Governments, housing entities, or other public or private
organizations, for the purposes of facilitating housing accommodation
projects for rent to field employees and members of the public--
``(1) on public lands, including System units;
``(2) off public lands in the vicinity of System units; or
``(3) a combination of public lands described in paragraphs
(1) and (2).
``(b) Terms and Conditions.--
``(1) National park lands.--For any housing partnership
agreements for housing accommodation projects on lands under
the administrative jurisdiction of the Service, the Secretary
shall--
``(A) ensure the housing accommodation project and
the use thereof are in conformity with the approved
plans, including housing management plans, for the
System unit and Director's Orders and reference manuals
related to Service housing;
``(B) ensure that the location of the housing
accommodation project will avoid degradation to the
primary resource values and fundamental resources
within the System unit, and will not adversely affect
the mission of the Service;
``(C) ensure the entities responsible for the
housing accommodation project comply with applicable
law and policies, including the provisions of this
subchapter;
``(D) identify the funding to be used in performing
the housing accommodation project;
``(E) provide standards that must be met, as
applicable, to ensure that the housing accommodation
project, including related facilities and
infrastructure, are kept in good condition and repair;
and
``(F) that the agreements include any other terms
and conditions the Secretary may consider advisable to
protect the interests of the United States.
``(2) Other public or private lands.--For any housing
partnership agreements for housing accommodation projects on
other public or private lands located in the vicinity of the
relevant System unit and not under the administrative
jurisdiction of the Service, the Secretary shall ensure the
agreements--
``(A) have received the approval of each
appropriate State or local government, Tribal
government, or other public or private entity involved;
``(B) identify both the Federal and non-Federal
funding to be used in completing the housing and
related facilities; and
``(C) any other terms and conditions the Secretary
may consider advisable to protect the interests of the
United States.
``(c) Housing Occupancy.--
``(1) In general.--The Secretary may allow field employees
and members of the public to occupy and lease housing
accommodation project quarters.
``(2) Compliance.--Members of the public occupying quarters
shall be subject to the same laws and policies with which field
employees are required to comply, as applicable.
``(3) Prohibition.--Field employees and members of the
public shall be prohibited from subleasing housing units or
quarters developed or leased in accordance with a housing
partnership agreement under this section, including all forms
of short-term rentals.
``(4) Preference.--To the maximum extent practicable,
priority for occupancy in project quarters shall be given to
field employees.
``(d) Contracting Procedures.--Each housing partnership agreement
awarded pursuant to this section shall be awarded through the use of
publicly advertised, competitively bid, or competitively negotiated
procedures, unless the Secretary--
``(1) determines that it is in the public interest to use
procedures other than competitive procedures with respect to
the particular housing partnership agreement concerned; and
``(2) notifies, in writing, the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives of such
determinations and the rationale for such determination.
``(e) Rent.--
``(1) Collection.--The Secretary may collect, or may
authorize entities who have entered into partnership housing
agreements under this section to collect, rents directly from
field employees and members of the public occupying housing
units or quarters.
``(2) Rates.--For field employees, rent collected under
this subsection may not exceed the rates determined pursuant to
guidance in the document entitled `Circular No. A-45 Revised'
and dated November 25, 2019 (or subsequent guidance).
``(f) Expiration of Agreements.--
``(1) Within system units.--The Secretary may allow long-
term leases or term-limited ownership of housing units or
quarters on public lands, as appropriate, to facilitate the
ability of an entity with whom a housing partnership agreement
has been entered into under subsection (b) to secure financing.
``(2) Expiration of term on public lands.--
``(A) In general.--Upon expiration of a term of
ownership under paragraph (1), the Secretary may--
``(i) renew the housing partnership
agreement for terms not to exceed 10 years;
``(ii) require the entity with whom a
housing partnership agreement has been entered
into under subsection (a) to demolish the
housing accommodations and related facilities
and infrastructure, and restore the land to
conditions generally existing before
construction on the lands upon which the
housing accommodation project is located
without any cost to the Federal Government;
``(iii) take ownership of the housing
accommodations and related facilities and
infrastructure, including fixtures and personal
property necessary for the operation of the
property; or
``(iv) enter into a new housing partnership
agreement.
``(B) Covering costs.--If taking ownership of
buildings under subparagraph (A)(ii), the Secretary may
require the owner whose term of ownership is expiring
to cover costs associated with preparing the building
site for new or continued use.
``(3) On non-federal lands.--Upon expiration of a housing
partnership agreement for housing accommodations on non-Federal
lands, the Secretary may extend the housing partnership
agreement for terms not to exceed 10 years.'';
(5) in section 101335--
(A) in subsection (a)--
(i) in paragraph (1)(A), by striking ``50''
and inserting ``60'';
(ii) in paragraph (2)--
(I) by striking ``procedures.'' and
inserting ``procedures, unless--''; and
(II) by adding at the end the
following:
``(A) the lease is awarded to a nonprofit or
government entity; or
``(B) the Secretary determines that it is in the
public interest to use procedures other than
competitive procedures in the particular lease
concerned and notifies, in writing, the Committee on
Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives of such determination and the rationale
for such determination.''; and
(iii) in paragraph (3)(D), by inserting ``,
affordability,'' after ``improve the quality'';
and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3); and
(ii) by inserting after paragraph (1) the
following:
``(2) Terms and conditions.--Any arrangement made pursuant
to this subsection shall contain such terms and conditions as
the Secretary considers necessary or appropriate to protect the
interests of the United States and ensure that necessary
quarters are available to field employees.''; and
(C) by redesignating paragraph (4) as paragraph
(3);
(6) in section 101336, by inserting ``rehabilitation,''
after ``repair,'';
(7) by amending section 101338 to read as follows:
``Sec. 101338. General provisions
``(a) Exemptions.--The following provisions shall not apply to
leases contracts, or housing partnership agreements awarded by the
Secretary under this subchapter:
``(1) Sections 102102 and 102901 of this title.
``(2) Section 1302 of title 40.
``(b) Proceeds From Leases.--The proceeds from any lease or housing
partnership agreement under this subchapter from which the Service
directly collects the proceeds shall be retained by the Service and
deposited in the special fund established for repair, maintenance,
rehabilitation, and operations of housing units and quarters and
associated facilities and infrastructure.''; and
(8) in section 101340--
(A) by amending subsection (a) by striking ``, in
sequential order,''; and
(B) by amending subsection (b) to read as follows:
``(b) Annual Budget Submittal.--Each fiscal year, the President's
proposed budget to Congress shall include--
``(1) identification of non-construction funds to be spent
for Service housing maintenance and operations that are in
addition to rental receipts collected;
``(2) the use of each of the authorities provided to the
Service under this subchapter;
``(3) the number of additional housing units needed within
the National Park System;
``(4) any barriers that have been identified to providing
the needed housing; and
``(5) any recommendations for changes to existing
authorities that would help to remove those barriers.''.
(b) Clerical Amendments.--The table of sections for chapter 1013 of
title 54, United States Code, is amended as follows:
(1) By striking the item related to section 101334 and
inserting the following new item:
``Sec. 101334. Authorization for housing accommodation projects''.
(2) By striking the item related to section 101338 and
inserting the following new item:
``Sec. 101338. General provisions''.
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