338
(d) LIMITATION.—The cemetery shall not be ex-
tended beyond the boundaries of the cemetery shown on
the map described in subsection (b).
SEC. 815. NATIONAL PARK SERVICE ADMINISTRATIVE RE-
FORM.
(a) NATIONAL PARK SERVICE HOUSING IMPROVE-
MENT.—
(1) PURPOSES.—The purposes of this section
are—
(A) to develop where necessary an ade-
quate supply of quality housing units for field
employees of the National Park Service within
a reasonable time frame;
(B) to expand the alternatives available for
construction and repair of essential government
housing;
(C) to rely on the private sector to finance
or supply housing in carrying out this section,
to the maximum extent possible, in order to re-
duce the need for Federal appropriations;
(D) to ensure that adequate funds are
available to provide for long-term maintenance
needs of field employee housing; and
(E) to eliminate unnecessary government
housing and locate such housing as is required
339
in a manner such that primary resource values
are not impaired.
(2) GENERAL
AUTHORITY.—To enhance the
ability of the Secretary of the Interior (hereafter in
this subsection referred to as ‘‘the Secretary’’), act-
ing through the Director of the National Park Serv-
ice, to effectively manage units of the National Park
System, the Secretary is authorized where necessary
and justified to make available employee housing, on
or off the lands under the administrative jurisdiction
of the National Park Service, and to rent or lease
such housing to field employees of the National Park
Service at rates based on the reasonable value of the
housing in accordance with requirements applicable
under section 5911 of title 5, United States Code.
(3) REVIEW AND REVISION OF HOUSING CRI-
TERIA.—Upon the enactment of this Act, the Sec-
retary shall review and revise the existing criteria
under which housing is provided to employees of the
National Park Service. Specifically, the Secretary
shall examine the existing criteria with respect to
what circumstances the National Park Service re-
quires an employee to occupy Government quarters
to provide necessary services, protect Government
340
property, or because of a lack of availability of non-
Federal housing in the geographic area.
(4) SUBMISSION OF REPORT.—A report detail-
ing the results of the revisions required by para-
graph (3) shall be submitted to the Committee on
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate not later than 180 days after the date of the
enactment of this Act. The report shall include jus-
tifications for keeping, or for changing, each of the
criteria or factors used by the Department of the In-
terior with regard to the provision of housing to em-
ployees of the National Park Service.
(5) REVIEW OF CONDITION OF AND COSTS RE-
LATING TO HOUSING.—Using the revised criteria de-
veloped under paragraph (3), the Secretary shall un-
dertake a review, for each unit of the National Park
System, of existing Government-owned housing pro-
vided to employees of the National Park Service.
The review shall include an assessment of the phys-
ical 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
341
and justified. The review shall include estimates of
the cost of bringing each such unit that is needed
and justified into usable condition that meets all ap-
plicable 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 In-
terior and the National Park Service, the cost of re-
placing the unit.
(6) AUTHORIZATION
FOR
HOUSING
AGREE-
MENTS.—For those units of the National Park Sys-
tem for which the review required by paragraphs (3)
and (5) has been completed, the Secretary is author-
ized, pursuant to the authorities contained in this
subsection and subject to the appropriation of nec-
essary funds in advance, to enter into housing agree-
ments with housing entities under which such hous-
ing entities may develop, construct, 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.—
342
(A) LEASE TO BUILD PROGRAM.—Subject
to the appropriation of necessary funds in ad-
vance, the Secretary may—
(i) lease Federal land and interests in
land to qualified persons for the construc-
tion of field employee quarters for any pe-
riod not to exceed 50 years; and
(ii) lease developed and undeveloped
non-Federal land for providing field em-
ployee quarters.
(B) COMPETITIVE
LEASING.—Each lease
under subparagraph (A)(i) shall be awarded
through the use of publicly advertised, competi-
tively bid, or competitively negotiated contract-
ing procedures.
(C) TERMS AND CONDITIONS.—Each lease
under subparagraph (A)(i)—
(i) shall stipulate whether operation
and maintenance of field employee quar-
ters is to be provided by the lessee, field
employees or the Federal Government;
(ii) shall require that the construction
and rehabilitation of field employee quar-
ters be done in accordance with the re-
quirements of the National Park Service
343
and local applicable building codes and in-
dustry standards;
(iii) shall contain such additional
terms and conditions as may be appro-
priate to protect the Federal interest, in-
cluding limits on rents 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 infrastruc-
ture; and
(iv) may be granted at less than fair
market value if the Secretary determines
that such lease will improve the quality
and availability of field employee quarters
available.
(D) 
CONTRIBUTIONS
BY
UNITED
STATES.—The Secretary may make payments,
subject to appropriations, or contributions in
kind either in advance of or on a continuing
basis to reduce the costs of planning, construc-
tion, or rehabilitation of quarters on or off Fed-
eral lands under a lease under this paragraph.
(8) RENTAL GUARANTEE PROGRAM.—
344
(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 reha-
bilitated 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 reha-
bilitated 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
EMPLOY-
EES.—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.
345
(D) FAILURE TO MAINTAIN A SATISFAC-
TORY
LEVEL
OF
OPERATION
AND
MAINTE-
NANCE.—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 statute 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 main-
tenance of field employee quarters.
(B) TERMS AND CONDITIONS.—Any such
contract shall contain such terms and condi-
tions as the Secretary deems necessary or ap-
propriate to protect the interests of the United
States and assure that necessary quarters are
available to field employees.
(11) LEASING OF SEASONAL EMPLOYEE QUAR-
TERS.—
346
(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 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 ade-
quate 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 effec-
tive than construction of new seasonal field
employee quarters.
(C) UNRECOVERED COSTS.—The Secretary
may pay the unrecovered costs of leasing sea-
sonal quarters under this paragraph from an-
nual appropriations for the year in which such
lease is made.
347
(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 information; and
(B) develop an agency-wide priority listing,
by structure, identifying those units in greatest
need for repair, rehabilitation, replacement, or
initial construction.
(13) USE OF HOUSING-RELATED FUNDS.—Ex-
penditure 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 para-
graph (13), in sequential order, to the maximum ex-
tent practicable.
(14) ANNUAL BUDGET SUBMITTAL.—The Presi-
dent’s proposed budget to Congress for the first fis-
cal year beginning after enactment of this Act, and
for each subsequent fiscal year, shall include identi-
fication of nonconstruction funds to be spent for Na-
tional Park Service housing maintenance and oper-
348
ations which are in addition to rental receipts col-
lected.
(15) STUDY OF HOUSING ALLOWANCES.—With-
in 12 months after the date of enactment of this
Act, the Secretary shall conduct a study to deter-
mine 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 rent-
al allowances to temporary and lower paid perma-
nent employees. Whenever the Secretary submits a
copy of such study to the Office of Management 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
HOUS-
ING.—Within 18 months of the date of the enact-
ment of the Act, the Secretary shall complete a
study of the sale of Government quarters to a coop-
erative consisting of field employees. The Secretary
shall examine the potential benefits to the Govern-
ment as well as the employees and any risks associ-
ated with such a program.
349
(17) GENERAL PROVISIONS.—
(A) CONSTRUCTION LIMITATIONS ON FED-
ERAL 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 prac-
ticable, the Secretary shall establish rental rates
for all quarters occupied by field employees of
the National Park Service that are based on the
reasonable value of the quarters in accordance
with requirements applicable under section
5911 of title 5, United States Code.
(C) EXEMPTION FROM LEASING REQUIRE-
MENTS.—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 paragraph (7)(A)(i)(I), any lease under para-
graph (11)(B), and any lease of seasonal quarters
under subsection (l), shall be retained by the Na-
375
to the purposes of this Act in violation of an agreement
entered into under paragraph (5)(A) shall be solely at the
discretion of the Secretary.’’.
(f) LOCAL AUTHORITY.—Section 5 of the Act entitled
‘‘An Act to establish the Blackstone River Valley National
Heritage Corridor in Massachusetts and Rhode Island’’,
approved November 10, 1986 (Public Law 99–647; 16
U.S.C. 461 note), is amended by adding at the end the
following new subsection:
‘‘(j) LOCAL AUTHORITY AND PRIVATE PROPERTY
NOT AFFECTED.—Nothing in this Act shall be construed
to affect or to authorize the Commission to interfere
with—
‘‘(1) the rights of any person with respect to
private property; or
‘‘(2) any local zoning ordinance or land use
plan of the Commonwealth of Massachusetts or any
political subdivision of the Commonwealth.’’.
(g) AUTHORIZATION OF APPROPRIATIONS.—Notwith-
standing any other provision of law regarding limitations
on funding for heritage areas, section 10 of the Act enti-
tled ‘‘An Act to establish the Blackstone River Valley Na-
tional Heritage Corridor in Massachusetts and Rhode Is-
land’’, approved November 10, 1986 (Public Law 99–647;
16 U.S.C. 461 note), as amended, is further amended: