[House Report 118-712]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-712
======================================================================
LODGING OPTIONS DEVELOPED FOR GOVERNMENT EMPLOYEES ACT
_______
October 22, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1314]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1314) 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
without amendment and recommends that the bill do pass.
Purpose of the Legislation
The purpose of H.R. 1314 is to authorize the Secretary of
the Interior to enter into partnerships to develop housing in
and around National Park System lands.
Background and Need for Legislation
Skyrocketing housing costs and overcrowding in the cities
and towns adjacent to our parks, known as ``gateway
communities,'' is causing a severe housing shortage for
National Park Service (NPS) employees, leaving many parks
understaffed in peak seasons. The rapidly rising cost of
housing is impacting recruitment and retention of both NPS and
private sector service employees that rely on available and
affordable housing. The lack of available and affordable
housing for employees has contributed to one of the most
pressing issues facing our national parks, the overcrowding of
visitors.
While increased visitation is beneficial to both NPS and
local economies, surges in tourism also cause extreme
overcrowding at many of our nation's most iconic parks,
diminishing visitor experiences through long wait times and
congestion at popular destinations. The lack of affordable
housing is exacerbating overcrowding, as NPS and private sector
job openings are going unfilled for months due in large part to
the lack of available and affordable housing. This is leaving
many key positions both in and outside of parks unstaffed,
contributing to longer wait times and less flexibility within
parks.
In 1996, Congress provided NPS with authority to enter into
public-private partnerships to develop new housing and reduce
the need for federal appropriations. Unfortunately, this
authority is largely unutilized due to limitations in statute
that make partnership opportunities unattractive to housing
developers. The LODGE Act was developed in consultation with
NPS to increase the availability and affordability of housing
in, and adjacent to, our nation's parks.
H.R. 1314 would amend existing authorities to provide the
NPS with improved flexibility to enter into innovative
partnerships with non-federal entities and other federal
agencies for the development of employee housing. The ``LODGE
Act'' would reduce costs to the taxpayer, provide modern
housing for both NPS employees and the private sector to rent,
and improve NPS's ability to hire and retain employees by
allowing: (1) non-NPS staff and NPS staff to share housing; (2)
NPS and developers to negotiate rental rates; (3) developers to
directly collect rents from tenants; (4) NPS to enter into non-
competitive housing agreements under certain conditions; and
(5) upfront federal investment that reduce long-term costs to
the developer.
Committee Action
H.R. 1314 was introduced on March 1, 2023, by Rep. Blake D.
Moore (R-UT). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Federal Lands. On June 14, 2022, the Subcommittee on National
Parks, Forests, and Public Lands (now the Subcommittee on
Federal Lands) held a hearing on the bill. On June 13, 2023,
the Full Natural Resources Committee met to consider the bill.
The Subcommittee on Federal Lands was discharged by unanimous
consent. The bill was then 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 (now the Subcommittee on Federal 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.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to enter into partnerships to develop housing, and for
other purposes.
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
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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
* * * * * * *
Sec.
* * * * * * *
SUBCHAPTER III--HOUSING IMPROVEMENT
* * * * * * *
[101334. Authorization for housing agreements.]
101334. Authorization for housing accommodation projects.
* * * * * * *
[101338. General leasing provisions.]
101338. General provisions.
* * * * * * *
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.
* * * * * * *
[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.
* * * * * * *
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.
* * * * * * *
ADDITIONAL VIEWS
H.R. 1314 would provide the National Park Service (NPS)
with new authority to establish housing partnerships with the
private sector and other partners to develop employee housing
options throughout the NPS. Specifically, the bill would
authorize 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 the relevant Director's Orders and
approved plans for the specific unit in which they are located
or planned to serve. The location and project development must
avoid any degradation of resource values.
This bill would allow the Secretary broad protections to
develop agreements that defend the interests of the federal
government. For example, H.R. 1314 would require NPS to
identify the federal and non-federal funding to be used for
facilities as well as any other terms and conditions necessary
to protect the government prior to entering into any housing
partnership agreements. Furthermore, housing contracts should
be developed through competitive procedures, but may be done
non-competitively if the Secretary deems that it is in the best
interest of the public. For housing that is developed on land
that is not under the jurisdiction of the NPS, the Secretary
shall ensure that the agreements have the authorization of the
federal agencies, state and local governments, or any other
entity involved. The bill would require a report on the uses of
these new authorities, the identification of non-construction
funds used, and the opportunities, challenges, and future
housing needs in the agency's annual budget proposal.
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 areas of the NPS for decades. The
housing situation creates both recruitment and retention issues
for the agency. 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. Exacerbated by the
rise of short-term rental vacation homes and the tight housing
market in many parts of the country, the agency quickly fell
behind in its ability to secure housing for employees. The NPS
mission emphasizes providing in-park visitor services, so the
agency needs to provide its employees with in-park housing.
This is distinct from other land management agencies like the
U.S. Forest and Bureau of Land Management.
NPS testified in support of H.R. 7615, an identical bill,
in the 117th Congress. That bill was reported out of Committee
by unanimous consent on December 8, 2022.
At that markup, the Committee adopted an amendment filed by
Representative Moore to incorporate technical assistance
provided by NPS and the Department of the Interior. The
amendment made important updates designed to facilitate the
implementation 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. There continues to be
concern about whether it is appropriate to develop private
residences in our national parks. Congress should prioritize
addressing the park employee housing crisis--in doing so, it
should be careful not to create new and potentially
inconsistent uses in our national parks.
Raul M. Grijalva,
Ranking Member.
[all]