109 S5125 ES: Land Manager Housing and Workforce Improvement Act of 2024
U.S. Senate
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
118th CONGRESS
2d Session
S. 5125
IN THE SENATE OF THE UNITED STATES
AN ACT
To provide for certain improvements to the housing and workforce programs of Federal land management agencies, and for other purposes.
1.

Short title
(a)

Short title
This Act may be cited as the “Land Manager Housing and Workforce Improvement Act of 2024”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Definitions.
TITLE I—Expanding authority
Sec. 101. Prioritizing National Park Service workforce housing.
Sec. 102. Authorizing the National Park Service to address workforce housing off-park.
Sec. 103. Expanding National Park Service rental options.
Sec. 104. Leveraging National Park Service rental receipts for workforce housing programming.
Sec. 105. Empowering the Forest Service to address workforce housing needs.
TITLE II—Expanding partnership capacity
Sec. 201. Engaging partners to address National Park Service workforce housing.
Sec. 202. Encouraging public-private cooperative management.
Sec. 203. Leveraging philanthropic support to address National Park Service workforce housing.
TITLE III—Supporting workforce
Sec. 301. Supporting the land manager workforce.
Sec. 302. Supporting the seasonal National Park Service workforce.
TITLE IV—Reports and oversight
Sec. 401. Quantifying the workforce housing needs of land managers.
Sec. 402. Conducting oversight on the housing programming of land managers.
Sec. 403. Justifying emergency spending.
2.

Definitions
In this Act:
(1)

Appropriate committees of Congress
The term appropriate committees of Congress means—
(A)
the Committee on Energy and Natural Resources of the Senate;
(B)
the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(C)
the Committee on Appropriations of the Senate;
(D)
the Committee on Natural Resources of the House of Representatives;
(E)
the Committee on Agriculture of the House of Representatives; and
(F)
the Committee on Appropriations of the House of Representatives.
(2)

Covered agencies
The term covered agencies means—
(A)
the National Park Service;
(B)
the Bureau of Land Management;
(C)
the United States Fish and Wildlife Service; and
(D)
the Forest Service.
(3)

Secretary
The term Secretary means the Secretary of the Interior.
I

Expanding authority
101.

Prioritizing National Park Service workforce housing
Section 103502(a)(3) of title 54, United States Code, is amended—
(1)
by inserting “quarters for field employees (as those terms are defined in section 101331),” after “prioritize”; and
(2)
by inserting a comma after “facilities”.
102.

Authorizing the National Park Service to address workforce housing off-park
Section 100901 of title 54, United States Code, is amended by adding at the end the following:
“(i)

Acquisition of land for administration of system units
(1)

In general
To facilitate the administration of a System unit, the Secretary may acquire, by donation, exchange, or transfer from another Federal agency, not more than 20 acres of land or interests in land, cumulatively, within the vicinity of the System unit boundary for the development, construction, maintenance, or operation of quarters for field employees (as those terms are defined in section 101331) for the System unit.
(2)

Management
(A)

In general
With respect to any land or interest in land acquired by the Secretary under paragraph (1)—
(i)
the land or interest in land shall not—
(I)
be administered as part of the System; or
(II)
be subject to the laws (including regulations) governing the associated System unit; but
(ii)
the Secretary shall—
(I)
have the authority to supervise, manage, and control the land; and
(II)
issue such rules and regulations as the Secretary may determine to be necessary and proper for the use and management of the land.
(B)

Authorizations
The Secretary may grant exclusive privileges, leases, and permits for the use of land acquired under paragraph (1) and enter into contracts relating to such authorizations as authorized under this title, notwithstanding any restriction on such authorizations to land within a System unit boundary.
(3)

Disposal
If the Secretary determines that any land or interest in land acquired under paragraph (1) no longer supports the administration of the System unit—
(A)
the Secretary may determine the land and any improvements to the land to be excess property for disposal; and
(B)
the proceeds from the disposal of excess property under subparagraph (A) shall be retained by the Secretary and deposited in the special fund established for the development, construction, maintenance, or operation of quarters for field employees (as so defined) described in section 101338(b), to be expended by the Secretary without further appropriation.”.
103.

Expanding National Park Service rental options
Section 101336 of title 54, United States Code, is amended, in the first sentence, by striking “management, repair, and maintenance of field employee quarters” and inserting “development, construction, maintenance, or operation of quarters for field employees”.
104.

Leveraging National Park Service rental receipts for workforce housing programming
Section 101338 of title 54, United States Code, is amended by adding at the end the following:
“(c)

Use of special fund by National Park Service
Amounts deposited by the Service in the special fund described in subsection (b) and established under section 320 of Public Law 98–473 (5 U.S.C. 5911 note) shall be available for the development, construction, maintenance, or operation of quarters for field employees at System units.”.
105.

Empowering the Forest Service to address workforce housing needs
(a)

Use of Forest Service structures or improvements
Section 7 of the Act of April 24, 1950 (commonly known as the “Granger-Thye Act”) (64 Stat. 84, chapter 97; 16 U.S.C. 580d), is amended by striking “thirty years as determined by him” and inserting “30 years, or in the case of a permit for workforce housing and related infrastructure, 50 years, as determined to be appropriate by the Secretary of Agriculture”.
(b)

Conveyances of Forest Service administrative sites
Title V of the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109–54) is amended—
(1)
in section 503—
(A)
by striking subsection (f); and
(B)
by redesignating subsection (g) as subsection (f); and
(2)
in section 504(c)(2), by striking “by competitive sale” and inserting “by soliciting not fewer than 2 competitive bids”.
II

Expanding partnership capacity
201.

Engaging partners to address National Park Service workforce housing
Section 101701(a) of title 54, United States Code, is amended—
(1)
in paragraph (1), by inserting, “, including projects for quarters for field employees (as those terms are defined in section 101331),” after “responsibilities of the Secretary”; and
(2)
in paragraph (2)—
(A)
by inserting “, Tribal,” after “State”;
(B)
by inserting “(including an organization that has a philanthropic agreement to fundraise or otherwise generate donations on behalf of, or for the benefit of, the Service)” after “organization”; and
(C)
by inserting “(including an individual that has a philanthropic agreement to fundraise or otherwise generate donations on behalf of, or for the benefit of, the Service)” after “individual”.
202.

Encouraging public-private cooperative management
Section 101703 of title 54, United States Code, is amended to read as follows:
“101703.

Cooperative management agreements
(a)

Definition of State
In this section, the term State means each of the several States, the District of Columbia, and each territory of the United States.
(b)

Cooperative management agreements
(1)

In general
The Secretary, in accordance with the laws generally applicable to System units and under such terms and conditions as the Secretary considers appropriate, may enter into a cooperative management agreement with a State, Indian Tribe, or local government with park land adjacent to a System unit, if the agreement would provide for more effective and efficient management of a System unit and the adjacent non-Federal park land.
(2)

No transfer of administrative responsibilities
The Secretary may not transfer administration responsibilities for any System unit under this subsection.
(c)

Provision of goods and services
(1)

In general
The Secretary may provide or acquire goods and services on a reimbursable basis as part of a cooperative management agreement entered into under subsection (b).
(2)

Retention of funds
The Secretary may retain and expend any funds received under this section without further appropriation.
(d)

Co-location
The Secretary and a State, Indian Tribe, or local government may co-locate in offices or facilities owned or leased by either party as part of a cooperative management agreement entered into under subsection (b).
(e)

Employees
(1)

Assignment of employee
The Secretary may arrange an assignment under section 3372 of title 5 of a Federal employee or an employee of a State, Indian Tribe, or local government, as mutually agreed on, for work, on the applicable Federal, State, local, or Tribal park land covered by the cooperative management agreement.
(2)

Extension of assignment
An assignment under paragraph (1) may be extended if the Secretary and the State, Indian Tribe, or local government determine the extension to be mutually beneficial.”.
203.

Leveraging philanthropic support to address National Park Service workforce housing
Section 103501(c)(3) of title 54, United States Code, is amended by striking “(including funds and fairly valued durable goods and materials)” and inserting “(including any combination of cash, fairly valued services, and durable goods and materials)”.
III

Supporting workforce
301.

Supporting the land manager workforce
(a)

In general
The Secretary or the Secretary of Agriculture, as applicable, may recruit and directly appoint qualified individuals into the competitive service who are certified, in accordance with procedures established by the Secretary or the Secretary of Agriculture, as applicable, as maintaining a permanent and exclusive residence within the vicinity of a site administered by the National Park Service, the United States Fish and Wildlife Service, or the Forest Service to a field unit which the individual would report to work into any position at or below grade GS–9 of the General Schedule, WG–15 of the Federal Wage System, or equivalent within the applicable field unit.
(b)

Requirements
An appointment by the Secretary under subsection (a) shall be considered compliant with all applicable provisions of chapter 33 of title 5, United States Code, if the Secretary ensures that the appointment action—
(1)
is consistent with the merit principles of section 2301 of that title; and
(2)
complies with the public notice requirements of section 3327 of that title.
(c)

Termination of authority
The authority provided under subsection (a) shall terminate on September 30, 2030.
302.

Supporting the seasonal National Park Service workforce
(a)

In general
Notwithstanding any other provision of law, for purposes of determining the noncompetitive rehire eligibility of temporary seasonal employees of the National Park Service—
(1)
the Secretary shall establish a definition of what constitutes a major subdivision of the National Park Service; and
(2)
any requirement that a position be in the same local commuting area shall not apply.
(b)

Termination of authority
The authority provided under subsection (a) shall terminate on September 30, 2030.
IV

Reports and oversight
401.

Quantifying the workforce housing needs of land managers
Not later than 18 months after the date of enactment of this Act, the Secretary and the Secretary of Agriculture shall jointly submit to the appropriate committees of Congress a needs assessment report that provides, with respect to housing the workforce of covered agencies, as applicable—
(1)
an analysis of the unit type and condition of—
(A)
housing owned by the covered agencies; and
(B)
housing leased by the covered agencies;
(2)
an analysis of the employment status of the occupants of the housing analyzed under paragraph (1), including—
(A)
whether the occupants are—
(i)
members of the permanent workforce; or
(ii)
members of the seasonal workforce; and
(B)
which positions identified under subparagraph (A) required housing provided by the applicable covered agency as a condition of employment with the covered agency; and
(3)
an analysis of the private housing markets within the vicinity of a covered agency field unit, including—
(A)
the availability and affordability of housing for sale or lease; and
(B)
the impact of vacation rental services on—
(i)
the cost of living; and
(ii)
the available supply of housing.
402.

Conducting oversight on the housing programming of land managers
(a)

Report to Congress
Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that—
(1)
assesses, in consultation with the National Housing Council described in Office of Management and Budget Circular A–45, the effect of Office of Management and Budget Circular A–45R on the housing of the workforce of covered agencies;
(2)
assesses the effect of Office of Management and Budget Circular A–11 on the housing of the workforce of covered agencies;
(3)
assesses the effect of department-level guidance on the housing of the workforce of covered agencies;
(4)
assesses the effect of agency-level guidance on the housing of the workforce of covered agencies; and
(5)
identifies suggested administrative actions and legislative proposals to reform the guidance assessed under paragraphs (1) through (4), including—
(A)
improvements to tenant experience;
(B)
improvements to workforce housing supply, including—
(i)
housing managed by the covered agencies; and
(ii)
leased private market housing;
(C)
improvements to financing options;
(D)
improvements to public-private partnerships;
(E)
improvements to philanthropic engagement; and
(F)
improvements to commuting times to report stations, including—
(i)
available housing in the gateway communities;
(ii)
available housing in the nearest established community (as defined in Office of Management and Budget Circular A–45); and
(iii)
differences between normal commuting conditions and peak-commute traffic conditions, including considerations for—
(I)
road quality and condition;
(II)
availability of public transportation;
(III)
winter driving; and
(IV)
visitor traffic.
(b)

Implementation
Not later than 1 year after the date on which the report is submitted under subsection (a), the heads of the covered agencies shall carry out the administrative actions identified under paragraph (5) of that subsection.
403.

Justifying emergency spending
Section 5 of the Act of August 3, 1956 (70 Stat. 1033, chapter 950; 7 U.S.C. 2228), is amended—
(1)
by striking the section designation and all that follows through “The Department” and inserting the following:
“5.

Emergency subsistence for employees
(a)

In general
The Department”; and
(2)
by adding at the end the following:
“(b)

Report
(1)

In general
Except as provided in paragraph (3), not later than 30 days after the date on which the Secretary of Agriculture furnishes subsistence to employees under subsection (a), the Secretary of Agriculture shall submit to the appropriate committees of Congress (as defined in section 2 of the Land Manager Housing and Workforce Improvement Act of 2024) a report providing—
(A)
1 or more justifications for the use of the authority;
(B)
the number of employees that were furnished subsistence;
(C)
the estimated cost of furnishing subsistence; and
(D)
the expected duration for which subsistence is to be provided.
(2)

Office of Management and Budget
The information for a report required under paragraph (1) shall be produced in coordination with, and approved by, the Director of the Office of Management and Budget.
(3)

Exception
A report under paragraph (1) shall not be required in the case of an emergency resulting from a natural disaster, act of terrorism, or other man-made disaster.”.
Passed the Senate December 18 (legislative day, December 16), 2024.
Secretary