I
104TH CONGRESS
2D SESSION
H. R. 2941
To improve the quantity and quality of the quarters of land management
agency field employees, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 1996
Mr. HEFLEY introduced the following bill; which was referred to the Commit-
tee on Resources, and in addition to the Committee on Agriculture, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To improve the quantity and quality of the quarters of land
management agency field employees, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Housing Improvement
Act for Land Management Agencies’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the provision of employee housing for Fed-
eral land management agencies is necessary for the
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effective management of Federal lands in many loca-
tions;
(2) current government housing does not meet
the needs of land management agencies at many lo-
cations, in terms of either quantity or quality, for
field employees whose duties require their residence
on Federal lands;
(3) current government housing rental rates are
based on local or regional comparability studies;
however, salaries for most government employees are
set nationally and are far behind comparable salaries
for similar work;
(4) current rental levels, which are based on av-
erage rents in the region for comparable housing,
are unrelated to the actual cost of providing the
housing;
(5) lack of acceptable quality, affordable hous-
ing both on and off Federal lands is resulting in sig-
nificant recruitment and retention problems at a
number of field units of the land management agen-
cies; and
(6) significant opportunities exist to better in-
volve the private sector in resolving the housing defi-
cit for land management agencies.
(b) PURPOSES.—The purposes of this Act are—
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(1) to develop an adequate supply of quality
housing units for field employees of Federal land
management agencies within a reasonable time
frame;
(2) to substantially expand the alternatives
available for construction and repair of essential
government housing;
(3) to rely on the private sector to finance or
supply housing in carrying out this Act, to the maxi-
mum extent possible, in order to reduce the need for
Federal appropriations;
(4) to ensure that housing is affordable to all
field employees of Federal land management agen-
cies;
(5) to provide increased opportunities for the
ownership of housing by field employees, together
with the equity and tax benefits associated with
home ownership; and
(6) to ensure that adequate funds are available
to provide for long-term maintenance needs of field
employee housing.
SEC. 3. GENERAL AUTHORITY.
To promote the recruitment and retention of qualified
personnel necessary for the effective management of public
lands, and notwithstanding any provision of section 5536
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of title 5, United States Code, to the contrary, the Sec-
retary of Agriculture and the Secretary of the Interior are
authorized to make available employee housing and essen-
tial amenities, on or off the lands under the administrative
jurisdiction of the Secretary concerned, and to rent or
lease such housing to field employees of the respective De-
partment at a reasonable value.
SEC. 4. JOINT PUBLIC-PRIVATE SECTOR HOUSING PRO-
GRAMS.
(a) LEASE TO BUILD PROGRAM.—
(1) GENERAL AUTHORITY.—The Secretary con-
cerned may—
(A) lease Federal land and interests in
land to qualified persons for the construction of
field employee quarters and essential amenities
for any period not to exceed 50 years; and
(B) lease developed and undeveloped non-
Federal land for providing field employee quar-
ters.
(2) COMPETITIVE LEASING.—Each lease under
paragraph (1)(A) shall be awarded through the use
of publicly advertised, competitively bid, or competi-
tively negotiated contracting procedures, except that
a lease to an employee housing cooperative may be
awarded noncompetitively if construction on the
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leased land is then competitively bid or competitively
negotiated.
(3) TERMS
AND
CONDITIONS.—Each lease
under paragraph (1)(A)—
(A) may provide that the lessee operate
and maintain the field employee quarters dur-
ing the term of the lease;
(B) shall require that the construction and
rehabilitation of field employee quarters be done
in accordance with the requirements of the land
management agency and local applicable build-
ing codes and industry standards;
(C) shall contain such additional terms and
conditions as may be appropriate to protect the
Federal interest, including limits on rents the
lessee may charge field employees for the occu-
pancy of quarters, conditions on maintenance
and repairs, and agreements on the provision of
and charges for utilities and other infrastruc-
ture;
(D) may provide that, upon termination of
the lease, the contractor shall abandon the
quarters constructed on the property subject to
such lease vest in the United States or restore
the property to its natural state; and
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(E) may be granted at less than fair mar-
ket value if the Secretary determines that such
lease will improve the quality and quantity of
field quarters available.
(4) PROCEEDS.—Any proceeds from any lease
under paragraph (1)(A) may, notwithstanding any
other provision of law, be retained by the land man-
agement agency entering into such lease and shall be
used for payment of any costs related to the housing
program, including administration, maintenance, re-
pair, rehabilitation, and construction activities in-
curred by the agency with respect to such lease,
property subject to such lease, or any other em-
ployee housing project owned by, or under the juris-
diction or control of, such agency. Any surplus pro-
ceeds from such leases shall be retained by the agen-
cy for these purposes until expended.
(5) CONTRIBUTIONS BY UNITED STATES.—The
Secretary may make payments or contributions in
kind to reduce the costs of planning, construction, or
rehabilitation of quarters under a lease under this
subsection. The obligation of the United States to
make payments under a lease under this subsection
in any fiscal year is subject to the availability of ap-
propriations for that purpose.
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(6) THIRD
PARTY
PARTICIPATION.—A lease
under this subsection may include provision for par-
ticipation by a third party, when third party pres-
ence is needed or required, and approved by the Sec-
retary concerned.
(b) RENTAL GUARANTEE PROGRAM.—
(1) GENERAL AUTHORITY.—The Secretary con-
cerned may enter into a lease to build arrangement
as set forth in subsection (a) with further agreement
to guarantee, subject to the availability of appropria-
tions, the occupancy of field employee quarters units
constructed or rehabilitated under such lease. A
guarantee made under this subsection shall be in
writing.
(2) LIMITATIONS.—The Secretary concerned
may not guarantee—
(A) the occupancy of more than 97 percent
of the units constructed or rehabilitated under
such lease; and
(B) a rental rate that exceeds the rates es-
tablished under section 10(b).
(3) RENTAL TO GOVERNMENT EMPLOYEES.—A
guarantee may be made under this subsection only
if the lessee agrees to permit the Secretary con-
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cerned to utilize for housing purposes any units for
which the guarantee is made.
(4) FAILURE
TO
MAINTAIN
A
SATISFACTORY
LEVEL OF OPERATION AND MAINTENANCE.—A guar-
antee shall be null and void if the lessee fails to
maintain a satisfactory level of operation and main-
tenance.
(c) JOINT DEVELOPMENT AUTHORITY.—
(1) IN
GENERAL.—The Secretary concerned
may use authorities granted by statute in combina-
tion with one another in the furtherance of providing
affordable field employee housing.
(2) CONDITION.—The Secretary concerned may
condition private development upon provision and
management of field employee housing for the Fed-
eral Government in the affected location.
(d) CONTRACTS FOR THE MANAGEMENT OF FIELD
EMPLOYEE QUARTERS.—
(1) GENERAL AUTHORITY.—The Secretary con-
cerned may, subject to available appropriations,
enter into contracts for the management, repair, and
maintenance of field employee quarters.
(2) TERMS AND CONDITIONS.—Any such con-
tract shall contain such terms and conditions as
such Secretary concerned deems necessary or appro-
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priate to protect the interests of the United States
and assure that safe, affordable quarters are avail-
able to that agency’s field employees.
(3) RENTS.—Notwithstanding any other provi-
sion of law, any such contract may provide for the
setting of rents at rates to be determined by the
Secretary concerned in accordance with this Act and
for their collection.
SEC. 5. JOINT EMPLOYEE-AGENCY HOUSING PROGRAMS.
(a) SALE OF QUARTERS.—
(1) GENERAL AUTHORITY.—The Secretary con-
cerned may sell field employee quarters to field em-
ployees of the agency or a cooperative whose mem-
bership is made up exclusively of field employees of
the agency.
(2) INTEREST IN LANDS.—The sale of quarters
under paragraph (1) shall be limited to a leasehold
interest in lands.
(b) LEASE OF QUARTERS.—The Secretary concerned
may lease Federal land to field employees of the agency
or a cooperative made up of field employees of the agency
for purposes of constructing employee housing and essen-
tial amenities.
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(c) RIGHT OF FIRST REFUSAL.—The Secretary con-
cerned shall have right of first refusal when any property
transferred under this section is for sale.
(d) COVENANTS.—The Secretary concerned may es-
tablish such covenants as may be appropriate to the prop-
erty, upon its sale by the Secretary under this section.
(e) FAIR MARKET VALUE.—The Secretary concerned
may sell or transfer employee quarters under this section
for less than fair market value if the Secretary determines
that such a sale or transfer will improve the quality of
field employee quarters available and keep the quarters
affordable at the salary ranges of field employees normally
occupying them.
(f) PROCEEDS.—The proceeds under this section
may, notwithstanding any other provision of law, be re-
tained by the land management agency and shall be used
for payment of any costs related to the housing program,
including rehabilitation and construction activities, in-
curred by the agency with respect to property subject to
this section or any other employee housing project owned
by, or under the jurisdiction or control of, such agency.
Any surplus proceeds under this section shall be retained
by the agency for those purposes until expended.
(g) RULE OF CONSTRUCTION.—Disposal of employee
quarters under this section to field employees and coopera-
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tives whose membership is made up exclusively of field em-
ployees is not disposal of excess Federal real property
under the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.).
SEC. 6. LEASING OF SEASONAL EMPLOYEE QUARTERS.
(a) GENERAL AUTHORITY.—Subject to subsection
(b), the Secretary concerned may lease quarters at or near
an installation in the United States for use as seasonal
quarters. The rent charged to field employees under such
a lease shall be that amount which is equal to reasonable
value.
(b) LIMITATION.—The Secretary concerned may only
issue a lease under subsection (a) if the Secretary finds
that there is a shortage of adequate and affordable sea-
sonal quarters at or near such installation and that—
(1) the requirement for such seasonal field em-
ployee quarters is temporary; or
(2) leasing would be more cost effective than
construction of new seasonal field employee quarters.
(c) UNRECOVERED COSTS.—The Secretary concerned
may pay the unrecovered costs of leasing seasonal quarters
under this section from annual appropriations for the year
in which such lease is made.
(d) PROCEEDS.—Proceeds from the rental of sea-
sonal quarters under this section may, notwithstanding
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any other provision of law, be retained by the land man-
agement agency and shall be used for any costs related
to the housing program, including rehabilitation and con-
struction activities incurred by the agency with respect to
property subject to this section or any other employee
housing project owned by, or under the jurisdiction or con-
trol of, such agency. Any surplus proceeds under this sec-
tion shall be retained by the agency for those purposes
until expended.
(e) RENTAL
TO NONGOVERNMENTAL PERSONS.—
The Secretary concerned may rent seasonal quarters on
Government lands to nongovernment persons during those
times that such units are not required for seasonal em-
ployees.
SEC. 7. SURVEY OF EXISTING FACILITIES.
(a) IN GENERAL.—Within 2 years after the date of
enactment of this Act, the Secretary concerned shall—
(1) complete a condition assessment for all field
employee housing for land management agencies
under their respective jurisdictions, including the
physical condition of such housing and the necessity
and suitability of such housing for the effective pros-
ecution of the agency mission, using existing infor-
mation; and
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(2) develop an agency-wide priority listing, by
structure, identifying those units in greatest need
for repair, rehabilitation, replacement, or initial con-
struction.
(b) CERTIFICATION.—Each Secretary concerned shall
review the list to certify that Government housing is pro-
posed—
(1) only where reasonable value private sector
housing is not available; and
(2) where needed for the convenience of the
Government to carry out agency mandates.
(c) SUBMISSION.—Each Secretary shall submit a re-
port summarizing the study under this section to the Com-
mittees on Resources and Appropriations of the House of
Representatives and the Committees on Energy and Natu-
ral Resources and Appropriations of the Senate.
SEC. 8. USE OF HOUSING-RELATED FUNDS.
(a) APPROPRIATIONS.—Expenditure of any funds au-
thorized and appropriated for new construction, repair, or
rehabilitation of housing under this Act shall follow the
housing priority listing established by the agency under
section 7, in sequential order, to the maximum extent
practicable. No more than 20 percent of the funds appro-
priated for these purposes shall be spent on other than
actual construction activities.
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(b) RENTAL INCOME.—
(1) SPECIAL FUND.—Notwithstanding title 5,
United States Code, or any other provision of law,
rents and charges collected by payroll deduction or
otherwise for use or occupancy of quarters of agen-
cies identified in this Act shall, after the date of en-
actment of this Act, be deposited in a special fund
in each agency, to remain available until expended,
for the maintenance and operation of the quarters of
that agency.
(2) REIMBURSABLE ACCOUNT.—All funds gen-
erated from rental income shall be deposited to a re-
imbursable account at no lower than the agency re-
gional office level in order to ensure maximum effi-
ciency in fund utilization.
(c) SET-ASIDE REQUIREMENT.—For all units of
housing where the actual rent charged is less than the
amount of funding necessary to maintain all field em-
ployee housing in good condition or upgrade such housing
to good condition, the manager of that unit or subunit
shall set aside such additional funds from normal operat-
ing accounts as are necessary to maintain housing in good
condition or upgrade field employee housing to good condi-
tion over a reasonable period of time.
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(d) BUDGET LINE ITEM.—The Presidents’ proposed
budget to Congress for the first fiscal year beginning after
enactment of this Act, and for each subsequent fiscal year,
shall identify specifically, in a separate line item for each
land management agency, non-construction funds to be
spent for housing maintenance and operations which are
in addition to rental receipts collected.
SEC. 9. AUTHORITY FOR COOPERATIVE VENTURES FOR IN-
FRASTRUCTURE.
The Secretary is authorized to enter into cooperative
agreements or joint ventures with local and State govern-
mental agencies, other Federal agencies, Indian tribes,
and private entities either on or off the lands subject to
the jurisdiction of the Secretary, to provide appropriate
and necessary utility and other infrastructure facilities in
support of field employee housing facilities provided under
this Act.
SEC. 10. GENERAL PROVISIONS.
(a) CONSTRUCTION
LIMITATIONS
ON
FEDERAL
LANDS.—The Secretary concerned may not utilize any
lands for the purposes of providing field employee housing
under this Act which could impact primary resource values
of the area or adversely affect the mission of the Depart-
ment. Further, any construction carried out under this
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Act shall be fully consistent with approved land manage-
ment agency plans.
(b) RENTAL RATES.—
(1) 
ESTABLISHMENT.—The 
Secretary 
con-
cerned shall establish reasonable value rental rates
for all quarters occupied by field employees of land
management agencies.
(2) ANNUAL
ADJUSTMENTS.—The Secretary
concerned may make annually an adjustment for a
calendar year in the rental rates established under
paragraph (1). Such adjustment may not exceed the
Department of Labor’s then applicable Consumer
Price Index Residential Rent Series annual adjust-
ment factor.
(c) AVAILABILITY OF QUARTERS.—In carrying out
this Act and section 5911 of title 5, United States Code,
with respect to land management agencies, the Secretary
concerned shall determine the availability of quarters on
the basis of the existence, within reasonable commuting
range of well-constructed and maintained housing suitable
to the individual and family needs of the field employee
at a reasonable value.
SEC. 11. DEFINITIONS.
For purposes of this Act—
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(1) the term ‘‘employee’’ means an employee of
an agency or an officially enrolled volunteer;
(2) the term ‘‘essential amenities’’ means day
care, laundromats, and recreational facilities and
such other amenities as the Secretary deems appro-
priate.
(3) the term ‘‘field employee’’ means an em-
ployee who is exclusively assigned to perform duties
at a field unit (including but not limited to a forest,
park, or refuge) and does not include any person as-
signed to any regional or other central office.
(4) the term ‘‘land management agency’’
means—
(A) the National Park Service, United
States Fish and Wildlife Service, Bureau of
Land Management, Bureau of Reclamation,
and Bureau of Indian Affairs, Department of
the Interior; and
(B) the Forest Service, Department of Ag-
riculture;
(5) the term ‘‘primary resource values’’ means
resources which are specifically mentioned in the en-
abling legislation for that field unit or other resource
value recognized under Federal statute;
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(6) the term ‘‘quarters’’ means quarters owned
or leased by the Government;
(7) the term ‘‘reasonable value’’ means—
(A) in the case of field employees whose
pay is not based on local comparability, a base
rental rate which is comparable to private rent-
al rates for comparable housing facilities and
associated amenities, but not more than the na-
tional average of rental rates for renters inclu-
sive of utilities, whether paid as part of rent or
paid directly to a third party, as determined by
the most recent survey of American housing
rental rates by the Bureau of the Census, De-
partment of Commerce; and
(B) in the case of field employees whose
pay is established on the basis of local com-
parability, the value which is established on the
basis of local or regional housing market sur-
veys conducted pursuant to regulations issued
under section 5911 of title 5, United States
Code;
(8) the term ‘‘seasonal quarters’’ means quar-
ters typically occupied by field employees who are
hired on assignments of 180 days or less; and
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(9) the term ‘‘Secretary concerned’’ means the
Secretary of the Interior or the Secretary of Agri-
culture, as appropriate.
SEC. 12. AUTHORIZATION.
There is authorized to be appropriated such sums as
may be necessary to carry out this Act.
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