H. R. 4236—99
unit of the National Park System, of existing government-
owned housing provided to employees of the National Park
Service. The review shall include an assessment of the physical
condition of such housing and the suitability of such housing
to effectively carry out the missions of the Department of the
Interior and the National Park Service. For each unit of such
housing, the Secretary shall determine whether the unit is
needed and justified. The review shall include estimates of
the cost of bringing each unit that is needed and justified
into usable condition that meets all applicable legal housing
requirements or, if the unit is determined to be obsolete but
is still warranted to carry out the missions of the Department
of the Interior and the National Park Service, the cost of
replacing the unit.
(6) AUTHORIZATION FOR HOUSING AGREEMENTS.—For those
units of the National Park System for which the review required
by paragraphs (3) and (5) has been completed, the Secretary
is authorized, pursuant to the authorities contained in this
subsection and subject to the appropriation of necessary funds
in advance, to enter into housing agreements with housing
entities under which such housing entities may develop, con-
struct, rehabilitate, or manage housing, located on or off public
lands, for rent or lease to National Park Service employees
who meet the housing eligibility criteria developed by the
Secretary pursuant to this Act.
(7) JOINT
PUBLIC-PRIVATE
SECTOR
HOUSING
PROGRAMS.—
(A) LEASE TO BUILD PROGRAM.—Subject to the appro-
priation of necessary funds in advance, the Secretary may—
(i) lease Federal land and interests in land to
qualified persons for the construction of field employee
quarters for any period not to exceed 50 years; and
(ii) lease developed and undeveloped non-Federal
land for providing field employee quarters.
(B) 
COMPTETITIVE
LEASING.—Each 
lease 
under
subparagraph (A)(i) shall be awarded through the use of
publicly advertised, competitively bid, or competitively
negotiated contracting procedures.
(C) TERMS
AND
CONDITIONS.—Each lease under
subparagraph (A)(i)—
(i) shall stipulate whether operation and mainte-
nance of field employee quarters is to be provided
by the lessee, field employees or the Federal Govern-
ment;
(ii) shall require that the construction and
rehabilitation of field employee quarters be done in
accordance with the requirements of the National Park
Service and local applicable building codes and indus-
try standards;
(iii) shall contain such additional terms and condi-
tions as may be appropriate to protect the Federal
interest, including limits on rents the lessee may
charge field employees for the occupancy of quarters,
conditions on maintenance and repairs, and agree-
ments on the provision of charges for utilities and
other infrastructure; and
(iv) may be granted at less than fair market value
if the Secretary determines that such lease will
H. R. 4236—100
improve the quality and availability of field employee
quarters available.
(D) CONTRIBUTIONS BY UNITED STATES.—The Secretary
may make payments, subject to appropriations, or contribu-
tions in kind either in advance of or on a continuing basis
to reduce the costs of planning, construction, or rehabilita-
tion of quarters on or off Federal lands under a lease
under this paragraph.
(8) RENTAL GUARANTEE PROGRAM.—
(A) 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 paragraph
(7) with further agreement to guarantee the occupancy
of field employee quarters constructed or rehabilitated
under such lease. A guarantee made under this paragraph
shall be in writing.
(B) LIMITATIONS.—The Secretary may not guarantee—
(i) the occupancy of more than 75 percent of the
units constructed or rehabilitated under such 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, United States Code.
In no event shall outstanding guarantees be in excess
of $3,000,000,
(C) RENTAL TO 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
(D) FAILURE TO MAINTAIN A SATISFACTORY LEVEL OF
OPERATION
AND
MAINTENANCE.—The lease shall be null
and void if the lessee fails to maintain a satisfactory level
of operation and maintenance.
(9) JOINT DEVELOPMENT AUTHORITY.—The Secretary may
use authorities granted by statue in combination with one
another in the furtherance of providing where necessary and
justified affordable field employee housing.
(10) CONTRACTS FOR THE MANAGEMENT OF FIELD EMPLOYEE
QUARTERS.—
(A) GENERAL AUTHORITY.—Subject to the appropriation
of necessary funds in advance, the Secretary may enter
into contracts of any duration for the management, repair,
and maintenance of field employee quarters.
(B) TERMS AND CONDITIONS.—Any such contract shall
contain such terms and conditions as the Secretary deems
necessary or appropriate to protect the interests of the
United States and assure that necessary quarters are avail-
able to field employees.
(11) LEASING OF SEASONAL EMPLOYEE QUARTERS.—
(A) GENERAL
AUTHORITY.—Subject to subparagraph
(B), the Secretary may lease quarters at or near a unit
of the national park system for use as seasonal quarters
for field employees. The rent charged to field employees
under such a lease shall be a rate based on the reasonable
value of the quarters in accordance with requirements
H. R. 4236—101
applicable under section 5911 of title 5, United States
Code.
(B) LIMITATION.—The Secretary may only issue a lease
under subparagraph (A) if the Secretary finds that there
is a shortage of adequate and affordable seasonal quarters
at or near such unit and that—
(i) the requirement for such seasonal field
employee quarters is temporary; or
(ii) leasing would be more cost effective than
construction of new seasonal field employee quarters.
(C) UNRECOVERED COSTS.—The Secretary may pay the
unrecovered costs of leasing seasonal quarters under this
paragraph from annual appropriations for the year in which
such lease is made.
(12) SURVEY
OF
EXISTING
FACILITIES.—The Secretary
shall—
(A) complete a condition assessment for all field
employee housing, including the physical condition of such
housing and the necessity and suitability of such housing
for carrying out the agency mission, using existing informa-
tion; and
(B) develop an agency-wide priority listing, by struc-
ture, identifying those units in greatest need for repair,
rehabilitation, replacement, or initial construction.
(13) USE OF HOUSING-RELATED FUNDS.—Expenditure of any
funds authorized and appropriated for new construction, repair,
or rehabilitation of housing under this section shall follow
the housing priority listing established by the agency under
paragraph (13), in sequential order, to the maximum extent
practicable.
(14) ANNUAL
BUDGET
SUBMITTAL.—The President’s pro-
posed budget to Congress for the first fiscal year beginning
after enactment of this Act, and for each subsequent fiscal
year, shall include identification of nonconstruction funds to
be spent for National Park Service housing maintenance and
operations which are in addition to rental receipts collected.
(15) STUDY OF HOUSING ALLOWANCES.—Within 12 months
after the date of enactment of this Act, the Secretary shall
conduct a study to determine the feasibility of providing eligible
employees of the National Park Service with housing allowances
rather than Government housing. The study shall specifically
examine the feasibility of providing rental allowances to tem-
porary and lower paid permanent employees. Whenever the
Secretary submits a copy of such study to the Office of Manage-
ment and Budget, he shall concurrently transmit copies of
the report to the Resources Committee of the United States
House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate.
(16) STUDY OF SALE OF EMPLOYEE HOUSING.—Within 18
months of the date of the enactment of the Act, the Secretary
shall complete a study of the sale of Government quarters
to a cooperative consisting of field employees. The Secretary
shall examine the potential benefits to the Government as
well as the employees and any risks associated with such
a program.
(17) GENERAL PROVISIONS.—
H. R. 4236—102
(A) CONSTRUCTION LIMITATIONS ON FEDERAL LANDS.—
The Secretary may not utilize any lands for the purposes
of providing field employee housing under this section
which will impact primary resource values of the area
or adversely affect the mission of the agency.
(B) RENTAL
RATES.—To the extent practicable, the
Secretary shall establish rental rates for all quarters occu-
pied by field employees of the National Park Service that
are based on the reasonable value of the quarters in accord-
ance with requirements applicable under section 5911 of
title 5, United States Code.
(C) EXEMPTION
FROM
LEASING
REQUIREMENTS.—The
provisions of section 5 of the Act of July 15, 1968 (82
Stat. 354, 356; 16 U.S.C. 460l–22), and section 321 of
the Act of June 30, 1932 (40 U.S.C. 303b; 47 Stat. 412),
shall not apply to leases issued by the Secretary under
this section.
(18) PROCEEDS.—The proceeds from any lease under para-
graph (7)(A)(i)(I), any lease under paragraph (11)(B), and any
lease of seasonal quarters under subsection (l), shall be retained
by the National Park Service. Such proceeds shall be deposited
into the special fund established for maintenance and operation
of quarters.
(19) DEFINITIONS.—For purposes of this subsection:
(A) The term ‘‘field employee’’ means—
(i) an employee of the National Park Service who
is exclusively assigned by the National Park Service
to perform duties at a field unit, and the members
of their family; and
(ii) other individuals who are authorized to occupy
Government quarters under section 5911 of title 5,
United States Code, and for whom there is no feasible
alternative to the provision of Government housing,
and the members of their family.
(B) The term ‘‘land management agency’’ means the
National Park Service, Department of the Interior.
(C) The term ‘‘primary resource values’’ means
resources which are specifically mentioned in the enabling
legislation for that field unit or other resource value
recognized under Federal statute.
(D) The term ‘‘quarters’’ means quarters owned or
leased by the Government.
(E) The term ‘‘seasonal quarters’’ means quarters
typically occupied by field employees who are hired on
assignments of 6 months or less.
(b) MINOR BOUNDARY REVISION AUTHORITY.—Section 7(c) of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–9(c)) is amended as follows:
(1) In the first sentence, by striking ‘‘Committee on
Natural’’ and inserting ‘‘Committee on’’.
(2)(A) By striking ‘‘: Provided, however,’’ and all that follows
through ‘‘1965’’; and
(B) by inserting ‘‘(1)’’ after ‘‘(c)’’ and by inserting at the
end the following:
‘‘(2) For the purposes of clause (i) of paragraph (1), in all
cases except the case of technical boundary revisions (resulting
from such causes as survey error or changed road alignments),