109 S5125 IS: Land Manager Housing and Workforce Improvement Act of 2024
U.S. Senate
2024-09-19
text/xml
EN
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II
118th CONGRESS
2d Session
S. 5125
IN THE SENATE OF THE UNITED STATES
September 19, 2024
Mr. Barrasso (for himself, Mr. King, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
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. Leveraging philanthropic support to address National Park Service workforce housing.
TITLE III—Supporting workforce
Sec. 301. Supporting the permanent 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) (including related infrastructure and amenities),” 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
Notwithstanding section 103501(c)(2) or any other provision of law (including regulations), to facilitate the administration of a System unit, the Secretary may acquire, by purchase from a willing seller, donation, exchange, or transfer from another Federal agency, not more than 10 acres of land or interests in land, cumulatively, not more than a 1-hour driving commute (under normal commuting conditions) outside the System unit boundary for the development, construction, rehabilitation, maintenance, operation, or management of quarters for field employees (as those terms are defined in section 101331) (including related infrastructure and amenities) for the System unit.
(2)

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, rehabilitation, or management of quarters for field employees (as so defined) (including related infrastructure and amenities) under 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 “occupancy, development, construction, repair, maintenance, rehabilitation, or management of quarters for field employees (including related infrastructure and amenities)”.
104.

Leveraging National Park Service rental receipts for workforce housing programming
Section 101338(b) of title 54, United States Code, is amended by striking “maintenance and operation of quarters” and inserting “development, construction, rehabilitation, or management of quarters for field employees (including related infrastructure and amenities)”.
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 (including amenities), any duration, 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);
(2)
in section 504—
(A)
in subsection (b)(2)(A), by inserting “or over time” after “conveyance of the administrative site”;
(B)
in subsection (c)(2), by striking “by competitive sale” and inserting “through competition”; and
(C)
in subsection (d), by adding at the end the following:
“(5)

Exemption from information collection requirements
Subchapter I of chapter 35 of title 44, United States Code, shall not apply to instruments used to convey administrative sites under this title.
(6)

Foreclosure
After a reasonable period of time for removal and under conditions for cause considered to be appropriate by the Secretary, a facility or improvement on an administrative site remaining after the termination of a conveyance under this title shall be conveyed to the United States without consideration.”; and
(3)
in section 505(b)—
(A)
in paragraph (1), by striking “and” at the end;
(B)
in paragraph (2), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:
“(3)
the acquisition of land or any interests in land (with or without improvements) for purposes of administration of the National Forest System, including the construction of Federal employee and private housing; and
(4)
the reacquisition by the Secretary of an administrative site, a purchase agreement, or an option to buy land with or without improvements conveyed under this title.”.
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 field employee quarters (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, a Federal agency)” 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, a Federal agency)” after “individual”.
202.

Leveraging philanthropic support to address National Park Service workforce housing
Section 103501(c)(3) of title 54, United States Code, is amended by inserting “, services,” after “goods”.
III

Supporting workforce
301.

Supporting the permanent 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, contiguous to, or not more than a 1-hour driving commute (under normal commuting conditions) from a site administered by the National Park Service, United States Fish and Wildlife Service, or Forest Service to which the individual would report to work into any position at or below grade GS–11 of the General Schedule, WG–15 of the Federal Wage System, or equivalent within the applicable site.
(b)

Requirements
In exercising the authority provided under subsection (a), the Secretary or the Secretary of Agriculture, as applicable, shall ensure that any action taken by the Secretary or the Secretary of Agriculture, as applicable—
(1)
is consistent with the merit principles of section 2301 of title 5, United States Code;
(2)
complies with the public notice requirements of section 3327 of that title; and
(3)
is based on a determination by the Secretary or Secretary of Agriculture, as applicable, that there is a need for workforce housing that cannot be supplied by the Federal Government.
(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 describes, with respect to housing the workforce of covered agencies, as applicable—
(1)
housing unit types and utilization;
(2)
year-round, seasonal, and required occupancy rates;
(3)
alternatives to onsite housing;
(4)
local rental market availability and affordability;
(5)
local housing market trends; and
(6)
housing needs by position type.
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);
(iii)
discrepancies in Office of Management and Budget, Department of the Interior, and National Park Service definitions for reasonable commuting time; and
(iv)
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)

Required notice for Forest Service employees
Not less than 30 days before the date on which the Secretary of Agriculture exercises the authority under subsection (a) with respect to Forest Service employees, the Secretary of Agriculture shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Agriculture of the House of Representatives notice providing—
(1)
1 or more justifications for the use of the authority;
(2)
the estimated cost of using the authority, as verified by the Director of the Congressional Budget Office; and
(3)
the name of the office within the Forest Service employing the individuals that would be provided subsistence payments.
(c)

Report
Not later than 30 days after the date on which the Secretary of Agriculture exercises the authority under subsection (a) with respect to Forest Service employees, the Secretary of Agriculture shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Agriculture of the House of Representatives a report providing the number and grade level of the General Schedule of Forest Service employees to be provided subsistence payments.”.