[House Report 117-682]
[From the U.S. Government Publishing Office]


117th Congress    }                                  {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {        117-682

======================================================================



 
         LODGING OPTIONS DEVELOPED FOR GOVERNMENT EMPLOYEES ACT

                                _______
                                

 December 30, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 7615]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 7615) to authorize the Secretary of the Interior 
to enter into partnerships to develop housing, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

  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 ``at rates 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'';
                  (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) to strike ``, 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.''.

                          Purpose of the Bill

    The purpose of H.R. 7615 is to provide the Secretary of the 
Interior with expanded authority to enter into agreements with 
non-federal partners in order to expand the available pool of 
employee housing within national parks and adjacent 
communities.

                  Background and Need for Legislation

    H.R. 7615 would provide the National Park Service (NPS) 
with new authority to establish housing partnerships with non-
federal partners to develop employee housing options throughout 
the NPS system and adjacent communities. Specifically, the bill 
authorizes the Secretary of the Interior to enter into housing 
agreements, contracts and leases for the development, 
construction, refurbishment, and management of housing 
facilities on public, private and/or a combination of public 
and private land. Any housing facility developed through this 
authority must conform with relevant Director's Orders and 
approved plans for the specific unit in which they are located 
or planned to serve.
    A lack of affordable housing to meet staffing needs, 
including a lack of funding to replace dilapidated housing, has 
been a serious issue in many units of the NPS for decades. The 
housing situation creates both recruitment and retention issues 
for the agency. Some parks often lose out on prospective 
employees due to the lack of affordable housing, while other 
parks have had to reach out to their surrounding communities to 
locate affordable housing for seasonal workers. The NPS mission 
emphasizes providing in-park visitor services, which is 
distinct from other land management agencies like the Bureau of 
Land Management and U.S. Forest Service, so the agency needs to 
provide its employees with in-park housing. However, this 
critical requirement is exacerbated by the rise of short-term 
rental vacation homes and the tight housing market in many 
parts of the country. The agency is clearly in need of 
resources and tools to address the employee housing situation.
    At markup, the committee adopted an amendment filed by 
Representative Moore to incorporate technical assistance 
provided by NPS and the Department of the Interior. This 
amendment made important updates designed to facilitate 
implantation of the bill. However, the amendment did not 
execute a critical change regarding the eligibility of housing 
units developed within the boundaries of national parks, which 
was recommended by the Department. The current text of H.R. 
7615 would allow the general public to rent units within park 
boundaries. While the bill was ultimately reported out of 
committee by unanimous consent, there continues to be 
disagreement about whether it is appropriate to develop private 
residences in our national parks. Congress should help NPS 
solve the employee housing crisis--in doing so, however, it 
should not create new and potentially inconsistent uses in our 
national parks.

                            Committee Action

    H.R. 7615 was introduced on April 28, 2022, by 
Representative Blake Moore (R-UT). The bill was referred solely 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on National Parks, Forests, and Public 
Lands. On June 14, 2022, the Subcommittee held a hearing on the 
bill. On December 8, 2022, the Natural Resources Committee met 
to consider the bill. The Subcommittee was discharged by 
unanimous consent. Rep. Moore offered an amendment in the 
nature of a substitute. The amendment in the nature of a 
substitute was agreed to by unanimous consent. The bill, as 
amended, was adopted and ordered favorably reported to the 
House of Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on National Parks, Forests, and 
Public Lands held on June 14, 2022.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) and clause 3(d) of rule XIII 
of the Rules of the House of Representatives and section 402 of 
the Congressional Budget Act of 1974, the Committee has 
requested but not received a cost estimate for this bill from 
the Director of Congressional Budget Office. The Committee 
adopts as its own cost estimate the forthcoming cost estimate 
of the Director of the Congressional Budget Office, should such 
cost estimate be made available before House passage of the 
bill. The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to provide the Secretary of the 
Interior with expanded authority to enter into agreements with 
non-federal partners in order to expand the available pool of 
employee housing within national parks and adjacent 
communities.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee, if such 
estimate is not publicly available on the Congressional Budget 
Office website.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 54, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE I--NATIONAL PARK SYSTEM

           *       *       *       *       *       *       *


CHAPTER 1013--EMPLOYEES

           *       *       *       *       *       *       *



                  SUBCHAPTER III--HOUSING IMPROVEMENT


[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 field unit, and the members of the 
                employee's family; and
                  [(B) any other individual who is authorized 
                to occupy Federal Government quarters under 
                section 5911 of title 5, and for whom there is 
                no feasible alternative to the provision of 
                Federal Government housing, and the members of 
                the individual's family.
          [(2) 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.
          [(3) Quarters.--The term ``quarters'' means quarters 
        owned or leased by the Federal Government.
          [(4) Seasonal quarters.--The term ``seasonal 
        quarters'' means quarters typically occupied by field 
        employees who are hired on assignments of 6 months or 
        less.]

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.

Sec. 101332. General authority of Secretary

  (a) Rental Housing.--To enhance the ability of the Secretary, 
acting through the Director, to effectively manage System 
units, the Secretary may where necessary and justified--
          (1) make available employee housing, on or off land 
        under the administrative jurisdiction of the Service; 
        and
          (2) rent that housing to field employees at [rates] 
        affordable rates based, unless otherwise authorized, on 
        the reasonable value of the housing in accordance with 
        requirements applicable under section 5911 of title 5.
  (b) Joint Development Authority.--The Secretary may use 
authorities granted by statute in combination with one another 
in the furtherance of providing where necessary and justified 
affordable field employee housing.
  (c) Construction Limitations on Federal Land.--The Secretary 
may not utilize any land under the administrative jurisdiction 
of the Service for the purposes of providing field employee 
housing under this subchapter that will affect a primary 
resource value or fundamental resources of the area or 
adversely affect the mission of the Service.
  (d) Rental Rates.--To the extent practicable, the Secretary 
shall establish rental rates for all quarters occupied by field 
employees of the Service that are based, unless otherwise 
authorized, on the reasonable value of the quarters in 
accordance with requirements applicable under section 5911 of 
title 5.

Sec. 101333. Criteria for providing housing

  The Secretary shall maintain criteria under which housing is 
provided to employees of the Service. The Secretary shall 
examine the criteria with respect to the circumstances under 
which the Service requires an employee to occupy Federal 
Government quarters, so as to provide necessary services or 
protect Federal Government property or because of a lack of 
availability or affordability of non-Federal housing in a 
geographic area.

[Sec. 101334. Authorization for housing agreements

  [The Secretary may, pursuant to the authorities contained in 
this subchapter and subject to the appropriation of necessary 
funds in advance, enter into housing agreements with housing 
entities under which the housing entities may develop, 
construct, rehabilitate, or manage housing, located on or off 
public land, for rent to Service employees who meet the housing 
eligibility criteria developed by the Secretary pursuant to 
this subchapter.]

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.

Sec. 101335. Housing programs

  (a) Joint Public-Private Sector Housing Program.--
          (1) Lease-to-build program.--Subject to the 
        appropriation of necessary funds in advance, the 
        Secretary may lease--
                  (A) Federal land and interests in land to 
                qualified persons for the construction of field 
                employee quarters for any period not to exceed 
                [50] 60 years; and
                  (B) 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.] procedures, 
        unless--
                  (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.
          (3) Terms and conditions.--Each lease under paragraph 
        (1)(A)--
                  (A) shall stipulate whether operation and 
                maintenance of field employee quarters is to be 
                provided by the lessee, field employees, or the 
                Federal Government;
                  (B) shall require that the construction and 
                rehabilitation of field employee quarters be 
                done in accordance with the requirements of the 
                Service and local applicable building codes and 
                industry standards;
                  (C) shall contain additional terms and 
                conditions as may be appropriate to protect the 
                Federal interest, including limits on rents 
                that the lessee may charge field employees for 
                the occupancy of quarters, conditions on 
                maintenance and repairs, and agreements on the 
                provision of charges for utilities and other 
                infrastructure; and
                  (D) may be granted at less than fair market 
                value if the Secretary determines that the 
                lease will improve the quality, affordability, 
                and availability of field employee quarters.
          (4) Contributions by federal government.--The 
        Secretary may make payments, subject to appropriations, 
        or contributions in kind, in advance or on a continuing 
        basis, to reduce the costs of planning, construction, 
        or rehabilitation of quarters on or off Federal land 
        under a lease under this subsection.
  (b) Rental Guarantee Program.--
          (1) General authority.--Subject to the appropriation 
        of necessary funds in advance, the Secretary may enter 
        into a lease-to-build arrangement as set forth in 
        subsection (a) with further agreement to guarantee the 
        occupancy of field employee quarters constructed or 
        rehabilitated under the lease. A guarantee made under 
        this paragraph shall be in writing.
          [(2) Limitations on guarantees.--
                  [(A) Specific guarantees.--The Secretary may 
                not guarantee--
                          [(i) the occupancy of more than 75 
                        percent of the units constructed or 
                        rehabilitated under the lease; and
                          [(ii) at a rental rate that exceeds 
                        the rate based on the reasonable value 
                        of the housing in accordance with 
                        requirements applicable under section 
                        5911 of title 5.
                  [(B) Total of outstanding guarantees.--
                Outstanding guarantees shall not be in excess 
                of $3,000,000.
          [(3) Agreement to rent to federal government 
        employees.--A guarantee may be made under this 
        subsection only if the lessee agrees to permit the 
        Secretary to utilize for housing purposes any units for 
        which the guarantee is made.]
          (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.
          [(4)] (3) Operation and maintenance.--A lease shall 
        be void if the lessee fails to maintain a satisfactory 
        level of operation and maintenance.

Sec. 101336. Contracts for the management of field employee quarters

  Subject to the appropriation of necessary funds in advance, 
the Secretary may enter into contracts of any duration for the 
management, repair, rehabilitation, and maintenance of field 
employee quarters. The contract shall contain terms and 
conditions that the Secretary considers necessary or 
appropriate to protect the interests of the United States and 
ensure that necessary quarters are available to field 
employees.

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[Sec. 101338. General leasing provisions

  [(a) Exemption From Leasing Requirements.--Section 102901 of 
this title and section 1302 of title 40 shall not apply to 
leases issued by the Secretary under this section.
  [(b) Proceeds From Leases.--The proceeds from any lease under 
section 101335(a)(1) of this title and any lease under section 
101337 of this title shall be retained by the Service and 
deposited in the special fund established for maintenance and 
operation of quarters.]

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.

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Sec. 101340. Use of funds

  (a) Expenditure Shall Follow Priority Listing.--Expenditure 
of any funds authorized and appropriated for new construction, 
repair, or rehabilitation of housing under this chapter shall 
follow the housing priority listing established by the 
Secretary under section 101339 of this title[, in sequential 
order,] to the maximum extent practicable.
  [(b) Nonconstruction Funds in Annual Budget Submittal.--Each 
fiscal year the President's proposed budget to Congress shall 
include identification of nonconstruction funds to be spent for 
Service housing maintenance and operations that are in addition 
to rental receipts collected.]
  (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.

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        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]