II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Helping Open Under5 utilized Space to Ensure Shelter Act of 2023’’ or the 

6 ‘‘HOUSES Act of 2023’’. 


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

2 SHORTAGES. 

3 Section 203 of the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1713) is amended by adding 

5 at the end the following: 

6 ‘‘(h) SALES OF PUBLIC LANDS TO ADDRESS HOUS7 ING SHORTAGES.— 

8 ‘‘(1) DEFINITIONS.—In this subsection: 

9 ‘‘(A) ALLOWABLE COMMUNITY AMENITY.— 

10 The term ‘allowable community amenity’ means 

11 a community assembly facility, firefighting fa12 cility, grocery store, health clinic, hospital (in13 cluding associated lodging), library, place of 

14 worship, police facility, recreational facility, pri15 mary school, or secondary school. 

16 ‘‘(B) COMMUNICATIONS INFRASTRUC17 TURE.—The term ‘communications infrastruc18 ture’ means the infrastructure or equipment 

19 necessary in the provision of— 

20 ‘‘(i) cable service; 

21 ‘‘(ii) broadband internet access serv22 ice; 

23 ‘‘(iii) video service; 

24 ‘‘(iv) voice service; or 

25 ‘‘(v) wireless service. 


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1 ‘‘(C) FEDERALLY PROTECTED LAND.—The 

2 term ‘federally protected land’ means— 

3 ‘‘(i) a National Monument; 

4 ‘‘(ii) a National Recreation Area; 

5 ‘‘(iii) a component of the National 

6 Wilderness Preservation System; 

7 ‘‘(iv) a component of the National 

8 Wild and Scenic Rivers System; 

9 ‘‘(v) a component of the National 

10 Trails System; 

11 ‘‘(vi) a National Conservation Area; 

12 ‘‘(vii) a unit of the National Wildlife 

13 Refuge System; 

14 ‘‘(viii) a unit of the National Fish 

15 Hatchery System; 

16 ‘‘(ix) a National Park; 

17 ‘‘(x) a National Preserve; 

18 ‘‘(xi) a National Seashore or National 

19 Lakeshore; 

20 ‘‘(xii) a National Historic Site; 

21 ‘‘(xiii) a National Memorial; 

22 ‘‘(xiv) a National Battlefield, National 

23 Battlefield Park, National Battlefield Site, 

24 or National Military Park; and 

25 ‘‘(xv) a National Historic Park. 


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1 ‘‘(D) GREEN SPACE.— 

2 ‘‘(i) IN GENERAL.—The term ‘green 

3 space’ means land that is— 

4 ‘‘(I) partly or completely covered 

5 with grass, trees, shrubs, or other 

6 vegetation; and 

7 ‘‘(II) accessible to the public at 

8 no cost. 

9 ‘‘(ii) INCLUSIONS.—The term ‘green 

10 space’ includes parks and community gar11 dens. 

12 ‘‘(iii) EXCLUSION.—The term ‘green 

13 space’ does not include an area used for a 

14 commercial use. 

15 ‘‘(E) INDUSTRIAL AREA.—The term ‘in16 dustrial area’ means— 

17 ‘‘(i) an area occupied by land uses or 

18 facilities, the primary operation of which 

19 involves manufacturing, assembling, proc20 essing, extracting, or otherwise treating 

21 raw materials, semifinished products, or 

22 finished products for distribution to whole23 sale or retail markets; or 

24 ‘‘(ii) a tract of public lands conveyed 

25 under this subsection on which there is loVerDate Sep 11 2014 03:52 Oct 25, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117

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1 cated a utility that serves utility customers 

2 that do not reside on the tract. 

3 ‘‘(F) OPEN SPACE.— 

4 ‘‘(i) IN GENERAL.—The term ‘open 

5 space’ means any open piece of land that— 

6 ‘‘(I) is accessible to the public at 

7 no cost; and 

8 ‘‘(II)(aa) provides recreational 

9 areas for residents; or 

10 ‘‘(bb) helps to enhance the beau11 ty or environmental quality of an eli12 gible project described in paragraph 

13 (2)(C). 

14 ‘‘(ii) INCLUSIONS.—The term ‘open 

15 space’ includes— 

16 ‘‘(I) schoolyards; 

17 ‘‘(II) playgrounds; 

18 ‘‘(III) public seating areas; and 

19 ‘‘(IV) public plazas. 

20 ‘‘(iii) EXCLUSION.—The term ‘open 

21 space’ does not include an area used for a 

22 commercial use. 

23 ‘‘(G) RESIDENTIAL DEVELOPMENT.— 

24 ‘‘(i) IN GENERAL.—The term ‘residen25 tial development’ means 1 or more buildVerDate Sep 11 2014 03:52 Oct 25, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117

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1 ings, structures, or portions of a building 

2 or structure that are designed for human 

3 habitation and used as a primary resi4 dence. 

5 ‘‘(ii) INCLUSIONS.—The term ‘resi6 dential development’ includes standard res7 idential amenities (including driveways and 

8 parking structures) that are related to an 

9 eligible project described in paragraph 

10 (2)(C). 

11 ‘‘(H) TRANSIT HUB.—The term ‘transit 

12 hub’ means a rail, light rail, rapid transit, or 

13 commuter rail station, ferry terminal, or bus 

14 transfer station. 

15 ‘‘(I) UTILITY.—The term ‘utility’ means a 

16 common commodity or service (including water, 

17 sewage, or electricity) that is provided to the 

18 public by a public or private entity for safe and 

19 sanitary living accommodations, including asso20 ciated water storage infrastructure. 

21 ‘‘(2) NOMINATION BY STATE OR UNIT OF

22 LOCAL GOVERNMENT.— 

23 ‘‘(A) IN GENERAL.—A State or unit of 

24 local government may nominate for consider25 ation for conveyance by the Secretary under 


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1 subsection (a)(3) to the State or unit of local 

2 government 1 or more tracts of public lands 

3 within the boundary of the State or unit of local 

4 government for the purpose of carrying out an 

5 eligible project described in subparagraph (C) 

6 to provide housing in the State or unit of local 

7 government— 

8 ‘‘(i) in accordance with a nomination 

9 process established by the Secretary in reg10 ulations proposed not later than 180 days 

11 after the date of enactment of this sub12 section and finalized not later than 1 year 

13 after the date of enactment of this sub14 section; and 

15 ‘‘(ii) subject to subparagraph (B). 

16 ‘‘(B) NOMINATION REQUIREMENTS.—To 

17 be eligible for consideration by the Secretary, a 

18 nomination submitted by a State or unit of 

19 local government under subparagraph (A)— 

20 ‘‘(i) shall not include federally pro21 tected land; and 

22 ‘‘(ii) shall include— 

23 ‘‘(I) a map provided by the State 

24 or unit of local government of the 1 or 


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1 more tracts of public lands nominated; 

2 and 

3 ‘‘(II) a proposal that describes 

4 the manner in which the 1 or more 

5 tracts of public lands nominated 

6 would be used for an eligible project 

7 described in subparagraph (C) to pro8 vide housing in the State or unit of 

9 local government. 

10 ‘‘(C) ELIGIBLE PROJECTS.—An eligible 

11 project to provide housing referred to in sub12 paragraphs (A) and (B)(ii)(II) is a project— 

13 ‘‘(i) for which not less than 85 per14 cent of the land for the project shall be 

15 used for residential development, open 

16 space, green space, or allowable community 

17 amenities; 

18 ‘‘(ii) that provides that the density of 

19 the land for the project dedicated to resi20 dential development under clause (i) shall 

21 be not less dense than 4 residences per 

22 acre; 

23 ‘‘(iii) that provides that no tract of 

24 land dedicated to residential development 


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1 under clause (i) on which a single residence is located may exceed 1 2 ⁄2 acre; 

3 ‘‘(iv) for which not more than 15 per4 cent of the land for the project may be 

5 used for a commercial use project, subject 

6 to the conditions that— 

7 ‘‘(I) a mixed-use residential de8 velopment property shall not be con9 sidered to be a commercial use project 

10 for purposes of this clause if at least 

11 50 percent of the total floor space of 

12 the property is residential; and 

‘‘(II) not more than 1 13 ⁄3 of the 

14 land identified under this clause may 

15 be used for a commercial use project 

16 to develop an industrial area; 

17 ‘‘(v) that provides that the develop18 ment of roads, communications infrastruc19 ture, transit hubs, and utilities and the 

20 distribution of utilities to serve the resi21 dences to be developed on the land for the 

22 project shall not— 

23 ‘‘(I) be inhibited; or 


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1 ‘‘(II) contribute to the apportion2 ment of residential or commercial de3 velopments; and 

4 ‘‘(vi) that provides that— 

5 ‘‘(I) a utility facility on the land 

6 may generate enough power, collect 

7 enough sewage, treat enough water, or 

8 provide other commodities or services 

9 sufficient to meet the needs of the 

10 residences developed on the land; and 

11 ‘‘(II) if a utility facility on the 

12 land is built to have excess capacity 

13 that is intended to be sold to users or 

14 residences not on the tract of land, 

15 the facility shall be— 

16 ‘‘(aa) classified as an indus17 trial area; and 

18 ‘‘(bb) subject to the limita19 tion under clause (iv)(II). 

20 ‘‘(D) MODIFICATION OF PROPOSAL.—A 

21 proposal for an eligible project under subpara22 graph (B)(ii)(II) may be subsequently modified 

23 if, after modification, the eligible project would 

24 still comply with the requirements of subpara25 graph (C), as determined by the Secretary. 


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1 ‘‘(3) REQUIREMENTS FOR REVIEW.—In review2 ing under subsection (a)(3) whether to approve or 

3 disapprove the conveyance to the State or unit of 

4 local government of a tract of public lands nomi5 nated under paragraph (2), the Secretary— 

6 ‘‘(A) shall prioritize the use of the tract to 

7 address housing shortages over any other poten8 tial use of the tract (other than protecting prior 

9 existing rights); 

10 ‘‘(B) shall not take into account whether 

11 the housing shortage could be addressed pru12 dently or feasibly on land other than the nomi13 nated tract; and 

14 ‘‘(C) shall— 

15 ‘‘(i) in the case of a tract of public 

16 lands that is designated as eligible for dis17 posal under any other applicable law, con18 sider the conveyance of the tract of public 

19 lands to be approved for conveyance under 

20 this subsection; and 

21 ‘‘(ii) in the case of a conveyance of a 

22 tract of not more than 640 acres of public 

23 lands that is not described in clause (i)— 

24 ‘‘(I) complete the review process 

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1 spect to the approval or disapproval of 

2 the conveyance of the tract— 

3 ‘‘(aa) by not later than 1 

4 year after the date on which the 

5 tract was nominated under para6 graph (2); and 

7 ‘‘(bb) that includes, in the 

8 case of disapproval, an expla9 nation of any reasons for the dis10 approval; or 

11 ‘‘(II) if the Secretary fails to 

12 complete the review process and issue 

13 a determination by the deadline estab14 lished under subclause (I)(aa), con15 sider the conveyance approved. 

16 ‘‘(4) SALE PRICE.—Notwithstanding sub17 sections (d), (f), and (g) and subject to paragraphs 

18 (5) and (6), the Secretary shall offer for sale to the 

19 nominating State or unit of local government the 

20 tract of public lands approved for conveyance under 

21 paragraph (3)(C) in exchange for an amount equal 

22 to the quotient obtained by dividing— 

23 ‘‘(A) the amount equal to the product ob24 tained by multiplying— 


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1 ‘‘(i) the amount of the estimated fair 

2 market value of the tract, as determined 

3 by the Secretary; and 

4 ‘‘(ii) the amount of the payment that 

5 would otherwise be made to the unit of 

6 local government for the tract for the prior 

7 fiscal year under chapter 69 of title 31, 

8 United States Code; by 

9 ‘‘(B) the estimated amount of tax revenue 

10 that would have been due to the State or unit 

11 of local government for the prior fiscal year if 

12 the tract had been sold for the amount deter13 mined under subparagraph (A)(i). 

14 ‘‘(5) APPROVAL OF GOVERNOR REQUIRED.— 

15 The Secretary may not offer to convey to a unit of 

16 local government a tract of public lands approved for 

17 conveyance by the Secretary until the date on which 

18 the Secretary receives from the Governor of the 

19 State in which the tract is located written notice 

20 specifying that the Governor of the State approves 

21 of the conveyance to the unit of local government. 

22 ‘‘(6) COMPLIANCE WITH PROPOSAL.— 

23 ‘‘(A) IN GENERAL.—The Secretary may 

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1 veyance under this subsection until the date on 

2 which the Secretary confirms that the State or 

3 unit of local government has in effect any ordi4 nances, statutes, or regulations, as applicable, 

5 that are necessary to ensure compliance by the 

6 State or unit of local government with the ap7 plicable proposal submitted under paragraph 

8 (2)(B)(ii)(II). 

9 ‘‘(B) PROHIBITION OF CERTAIN FUND10 ING.— 

11 ‘‘(i) IN GENERAL.—Notwithstanding 

12 any other provision of law, if, during the 

13 15-year period beginning on the date of 

14 the conveyance to a State or unit of local 

15 government of a tract of public lands ap16 proved for conveyance under this sub17 section, the Secretary determines that the 

18 State or unit of local government is not in 

19 compliance with the applicable proposal 

20 submitted under paragraph (2)(B)(ii)(II) 

21 or a modified proposal under paragraph 

22 (2)(D), as applicable, the State or unit of 

23 local government shall not be considered to 

24 be eligible to receive funds from any of the 

25 programs described in clause (ii) until the 


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1 date on which the Secretary certifies that 

2 the State or unit of local government is in 

3 compliance with the applicable proposal or 

4 modified proposal. 

5 ‘‘(ii) DESCRIPTION OF PROGRAMS.— 

6 The programs referred to in clause (i) are 

7 the following: 

8 ‘‘(I) Any program carried out by 

9 the Economic Development Adminis10 tration. 

11 ‘‘(II) The community develop12 ment block grant program under title 

13 I of the Housing and Community De14 velopment Act of 1974 (42 U.S.C. 

15 5301 et seq.). 

16 ‘‘(III) The community services 

17 block grant program carried out 

18 under the Community Services Block 

19 Grant Act (42 U.S.C. 9901 et seq.). 

20 ‘‘(7) DISPOSITION OF PROCEEDS.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the gross proceeds of a sale of a 

23 tract of public lands under this subsection shall 

24 be— 

25 ‘‘(i) deposited in the Treasury; and 


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1 ‘‘(ii) available to the Secretary, sub2 ject to appropriations, for— 

3 ‘‘(I) capital improvements in 

4 units of the National Park System; 

5 ‘‘(II) the development and imple6 mentation of comprehensive, cost-ef7 fective, and multijurisdictional haz8 ardous fuels reduction and wildfire 

9 prevention plans to be carried out; 

10 ‘‘(III) the development of public 

11 water infrastructure on Federal land; 

12 and 

13 ‘‘(IV) the restoration or preserva14 tion of a critical habitat. 

15 ‘‘(B) APPLICABILITY OF STATE ENABLING

16 ACTS.—If there is a provision of an applicable 

17 State enabling Act that would otherwise apply 

18 to the disposition of the gross proceeds of a sale 

19 of a tract of public lands under this subsection, 

20 before applying the requirements of subpara21 graph (A) to the disposition of the gross pro22 ceeds of the sale, the provision of the applicable 

23 State enabling Act shall apply.’’. 

Æ 


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