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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3117 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3117

    To amend the Federal Land Policy and Management Act of 1976 to 
authorize the sale of certain Federal land to States and units of local 
    government to address housing shortages, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 24, 2023

   Mr. Lee (for himself, Mr. Sullivan, Mr. Barrasso, and Ms. Lummis) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
    To amend the Federal Land Policy and Management Act of 1976 to 
authorize the sale of certain Federal land to States and units of local 
    government to address housing shortages, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping Open Underutilized Space to 
Ensure Shelter Act of 2023'' or the ``HOUSES Act of 2023''.

SEC. 2. SALES OF FEDERAL LAND TO ADDRESS HOUSING SHORTAGES.

    Section 203 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1713) is amended by adding at the end the following:
    ``(h) Sales of Public Lands To Address Housing Shortages.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Allowable community amenity.--The term 
                `allowable community amenity' means a community 
                assembly facility, firefighting facility, grocery 
                store, health clinic, hospital (including associated 
                lodging), library, place of worship, police facility, 
                recreational facility, primary school, or secondary 
                school.
                    ``(B) Communications infrastructure.--The term 
                `communications infrastructure' means the 
                infrastructure or equipment necessary in the provision 
                of--
                            ``(i) cable service;
                            ``(ii) broadband internet access service;
                            ``(iii) video service;
                            ``(iv) voice service; or
                            ``(v) wireless service.
                    ``(C) Federally protected land.--The term 
                `federally protected land' means--
                            ``(i) a National Monument;
                            ``(ii) a National Recreation Area;
                            ``(iii) a component of the National 
                        Wilderness Preservation System;
                            ``(iv) a component of the National Wild and 
                        Scenic Rivers System;
                            ``(v) a component of the National Trails 
                        System;
                            ``(vi) a National Conservation Area;
                            ``(vii) a unit of the National Wildlife 
                        Refuge System;
                            ``(viii) a unit of the National Fish 
                        Hatchery System;
                            ``(ix) a National Park;
                            ``(x) a National Preserve;
                            ``(xi) a National Seashore or National 
                        Lakeshore;
                            ``(xii) a National Historic Site;
                            ``(xiii) a National Memorial;
                            ``(xiv) a National Battlefield, National 
                        Battlefield Park, National Battlefield Site, or 
                        National Military Park; and
                            ``(xv) a National Historic Park.
                    ``(D) Green space.--
                            ``(i) In general.--The term `green space' 
                        means land that is--
                                    ``(I) partly or completely covered 
                                with grass, trees, shrubs, or other 
                                vegetation; and
                                    ``(II) accessible to the public at 
                                no cost.
                            ``(ii) Inclusions.--The term `green space' 
                        includes parks and community gardens.
                            ``(iii) Exclusion.--The term `green space' 
                        does not include an area used for a commercial 
                        use.
                    ``(E) Industrial area.--The term `industrial area' 
                means--
                            ``(i) an area occupied by land uses or 
                        facilities, the primary operation of which 
                        involves manufacturing, assembling, processing, 
                        extracting, or otherwise treating raw 
                        materials, semifinished products, or finished 
                        products for distribution to wholesale or 
                        retail markets; or
                            ``(ii) a tract of public lands conveyed 
                        under this subsection on which there is located 
                        a utility that serves utility customers that do 
                        not reside on the tract.
                    ``(F) Open space.--
                            ``(i) In general.--The term `open space' 
                        means any open piece of land that--
                                    ``(I) is accessible to the public 
                                at no cost; and
                                    ``(II)(aa) provides recreational 
                                areas for residents; or
                                    ``(bb) helps to enhance the beauty 
                                or environmental quality of an eligible 
                                project described in paragraph (2)(C).
                            ``(ii) Inclusions.--The term `open space' 
                        includes--
                                    ``(I) schoolyards;
                                    ``(II) playgrounds;
                                    ``(III) public seating areas; and
                                    ``(IV) public plazas.
                            ``(iii) Exclusion.--The term `open space' 
                        does not include an area used for a commercial 
                        use.
                    ``(G) Residential development.--
                            ``(i) In general.--The term `residential 
                        development' means 1 or more buildings, 
                        structures, or portions of a building or 
                        structure that are designed for human 
                        habitation and used as a primary residence.
                            ``(ii) Inclusions.--The term `residential 
                        development' includes standard residential 
                        amenities (including driveways and parking 
                        structures) that are related to an eligible 
                        project described in paragraph (2)(C).
                    ``(H) Transit hub.--The term `transit hub' means a 
                rail, light rail, rapid transit, or commuter rail 
                station, ferry terminal, or bus transfer station.
                    ``(I) Utility.--The term `utility' means a common 
                commodity or service (including water, sewage, or 
                electricity) that is provided to the public by a public 
                or private entity for safe and sanitary living 
                accommodations, including associated water storage 
                infrastructure.
            ``(2) Nomination by state or unit of local government.--
                    ``(A) In general.--A State or unit of local 
                government may nominate for consideration for 
                conveyance by the Secretary under subsection (a)(3) to 
                the State or unit of local government 1 or more tracts 
                of public lands within the boundary of the State or 
                unit of local government for the purpose of carrying 
                out an eligible project described in subparagraph (C) 
                to provide housing in the State or unit of local 
                government--
                            ``(i) in accordance with a nomination 
                        process established by the Secretary in 
                        regulations proposed not later than 180 days 
                        after the date of enactment of this subsection 
                        and finalized not later than 1 year after the 
                        date of enactment of this subsection; and
                            ``(ii) subject to subparagraph (B).
                    ``(B) Nomination requirements.--To be eligible for 
                consideration by the Secretary, a nomination submitted 
                by a State or unit of local government under 
                subparagraph (A)--
                            ``(i) shall not include federally protected 
                        land; and
                            ``(ii) shall include--
                                    ``(I) a map provided by the State 
                                or unit of local government of the 1 or 
                                more tracts of public lands nominated; 
                                and
                                    ``(II) a proposal that describes 
                                the manner in which the 1 or more 
                                tracts of public lands nominated would 
                                be used for an eligible project 
                                described in subparagraph (C) to 
                                provide housing in the State or unit of 
                                local government.
                    ``(C) Eligible projects.--An eligible project to 
                provide housing referred to in subparagraphs (A) and 
                (B)(ii)(II) is a project--
                            ``(i) for which not less than 85 percent of 
                        the land for the project shall be used for 
                        residential development, open space, green 
                        space, or allowable community amenities;
                            ``(ii) that provides that the density of 
                        the land for the project dedicated to 
                        residential development under clause (i) shall 
                        be not less dense than 4 residences per acre;
                            ``(iii) that provides that no tract of land 
                        dedicated to residential development under 
                        clause (i) on which a single residence is 
                        located may exceed \1/2\ acre;
                            ``(iv) for which not more than 15 percent 
                        of the land for the project may be used for a 
                        commercial use project, subject to the 
                        conditions that--
                                    ``(I) a mixed-use residential 
                                development property shall not be 
                                considered to be a commercial use 
                                project for purposes of this clause if 
                                at least 50 percent of the total floor 
                                space of the property is residential; 
                                and
                                    ``(II) not more than \1/3\ of the 
                                land identified under this clause may 
                                be used for a commercial use project to 
                                develop an industrial area;
                            ``(v) that provides that the development of 
                        roads, communications infrastructure, transit 
                        hubs, and utilities and the distribution of 
                        utilities to serve the residences to be 
                        developed on the land for the project shall 
                        not--
                                    ``(I) be inhibited; or
                                    ``(II) contribute to the 
                                apportionment of residential or 
                                commercial developments; and
                            ``(vi) that provides that--
                                    ``(I) a utility facility on the 
                                land may generate enough power, collect 
                                enough sewage, treat enough water, or 
                                provide other commodities or services 
                                sufficient to meet the needs of the 
                                residences developed on the land; and
                                    ``(II) if a utility facility on the 
                                land is built to have excess capacity 
                                that is intended to be sold to users or 
                                residences not on the tract of land, 
                                the facility shall be--
                                            ``(aa) classified as an 
                                        industrial area; and
                                            ``(bb) subject to the 
                                        limitation under clause 
                                        (iv)(II).
                    ``(D) Modification of proposal.--A proposal for an 
                eligible project under subparagraph (B)(ii)(II) may be 
                subsequently modified if, after modification, the 
                eligible project would still comply with the 
                requirements of subparagraph (C), as determined by the 
                Secretary.
            ``(3) Requirements for review.--In reviewing under 
        subsection (a)(3) whether to approve or disapprove the 
        conveyance to the State or unit of local government of a tract 
        of public lands nominated under paragraph (2), the Secretary--
                    ``(A) shall prioritize the use of the tract to 
                address housing shortages over any other potential use 
                of the tract (other than protecting prior existing 
                rights);
                    ``(B) shall not take into account whether the 
                housing shortage could be addressed prudently or 
                feasibly on land other than the nominated tract; and
                    ``(C) shall--
                            ``(i) in the case of a tract of public 
                        lands that is designated as eligible for 
                        disposal under any other applicable law, 
                        consider the conveyance of the tract of public 
                        lands to be approved for conveyance under this 
                        subsection; and
                            ``(ii) in the case of a conveyance of a 
                        tract of not more than 640 acres of public 
                        lands that is not described in clause (i)--
                                    ``(I) complete the review process 
                                and issue a determination with respect 
                                to the approval or disapproval of the 
                                conveyance of the tract--
                                            ``(aa) by not later than 1 
                                        year after the date on which 
                                        the tract was nominated under 
                                        paragraph (2); and
                                            ``(bb) that includes, in 
                                        the case of disapproval, an 
                                        explanation of any reasons for 
                                        the disapproval; or
                                    ``(II) if the Secretary fails to 
                                complete the review process and issue a 
                                determination by the deadline 
                                established under subclause (I)(aa), 
                                consider the conveyance approved.
            ``(4) Sale price.--Notwithstanding subsections (d), (f), 
        and (g) and subject to paragraphs (5) and (6), the Secretary 
        shall offer for sale to the nominating State or unit of local 
        government the tract of public lands approved for conveyance 
        under paragraph (3)(C) in exchange for an amount equal to the 
        quotient obtained by dividing--
                    ``(A) the amount equal to the product obtained by 
                multiplying--
                            ``(i) the amount of the estimated fair 
                        market value of the tract, as determined by the 
                        Secretary; and
                            ``(ii) the amount of the payment that would 
                        otherwise be made to the unit of local 
                        government for the tract for the prior fiscal 
                        year under chapter 69 of title 31, United 
                        States Code; by
                    ``(B) the estimated amount of tax revenue that 
                would have been due to the State or unit of local 
                government for the prior fiscal year if the tract had 
                been sold for the amount determined under subparagraph 
                (A)(i).
            ``(5) Approval of governor required.--The Secretary may not 
        offer to convey to a unit of local government a tract of public 
        lands approved for conveyance by the Secretary until the date 
        on which the Secretary receives from the Governor of the State 
        in which the tract is located written notice specifying that 
        the Governor of the State approves of the conveyance to the 
        unit of local government.
            ``(6) Compliance with proposal.--
                    ``(A) In general.--The Secretary may not convey to 
                a State or unit of local government a tract of public 
                lands approved for conveyance under this subsection 
                until the date on which the Secretary confirms that the 
                State or unit of local government has in effect any 
                ordinances, statutes, or regulations, as applicable, 
                that are necessary to ensure compliance by the State or 
                unit of local government with the applicable proposal 
                submitted under paragraph (2)(B)(ii)(II).
                    ``(B) Prohibition of certain funding.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, if, during the 15-year 
                        period beginning on the date of the conveyance 
                        to a State or unit of local government of a 
                        tract of public lands approved for conveyance 
                        under this subsection, the Secretary determines 
                        that the State or unit of local government is 
                        not in compliance with the applicable proposal 
                        submitted under paragraph (2)(B)(ii)(II) or a 
                        modified proposal under paragraph (2)(D), as 
                        applicable, the State or unit of local 
                        government shall not be considered to be 
                        eligible to receive funds from any of the 
                        programs described in clause (ii) until the 
                        date on which the Secretary certifies that the 
                        State or unit of local government is in 
                        compliance with the applicable proposal or 
                        modified proposal.
                            ``(ii) Description of programs.--The 
                        programs referred to in clause (i) are the 
                        following:
                                    ``(I) Any program carried out by 
                                the Economic Development 
                                Administration.
                                    ``(II) The community development 
                                block grant program under title I of 
                                the Housing and Community Development 
                                Act of 1974 (42 U.S.C. 5301 et seq.).
                                    ``(III) The community services 
                                block grant program carried out under 
                                the Community Services Block Grant Act 
                                (42 U.S.C. 9901 et seq.).
            ``(7) Disposition of proceeds.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                gross proceeds of a sale of a tract of public lands 
                under this subsection shall be--
                            ``(i) deposited in the Treasury; and
                            ``(ii) available to the Secretary, subject 
                        to appropriations, for--
                                    ``(I) capital improvements in units 
                                of the National Park System;
                                    ``(II) the development and 
                                implementation of comprehensive, cost-
                                effective, and multijurisdictional 
                                hazardous fuels reduction and wildfire 
                                prevention plans to be carried out;
                                    ``(III) the development of public 
                                water infrastructure on Federal land; 
                                and
                                    ``(IV) the restoration or 
                                preservation of a critical habitat.
                    ``(B) Applicability of state enabling acts.--If 
                there is a provision of an applicable State enabling 
                Act that would otherwise apply to the disposition of 
                the gross proceeds of a sale of a tract of public lands 
                under this subsection, before applying the requirements 
                of subparagraph (A) to the disposition of the gross 
                proceeds of the sale, the provision of the applicable 
                State enabling Act shall apply.''.
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