§ 17o. — National Park Service housing improvement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC17o]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I--NATIONAL PARK SERVICE
Sec. 17o. National Park Service housing improvement
(1) Purposes
The purposes of this section are--
(A) to develop where necessary an adequate 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 reduce 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 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 section referred to as ``the Secretary''), acting through the
Director of the National Park Service, 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.
(3) Review and revision of housing criteria
On November 12, 1996, the Secretary 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 requires an employee to occupy Government quarters to provide
necessary services, protect Government property, or because of a lack of
availability of non-Federal housing in the geographic area.
(4) Submission of report
A report detailing the results of the revisions required by
paragraph (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 November 12, 1996.
The report shall include justifications for keeping, or for changing,
each of the criteria or factors used by the Department of the Interior
with regard to the provision of housing to employees of the National
Park Service.
(5) Review of condition of and costs relating to housing
Using the revised criteria developed under paragraph (3), the
Secretary shall undertake a review, for each unit of the National Park
System, of existing government-owned \1\ 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.
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\1\ So in original. Probably should be capitalized.
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(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 section 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, 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 section.
(7) Joint public-private sector housing programs
(A) Lease to build program
Subject to the appropriation 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) Competitive 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 maintenance of
field employee quarters is to be provided by the lessee, field
employees or the Federal Government;
(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 industry standards;
(iii) 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
occupancy of quarters, conditions on maintenance and repairs,
and agreements 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 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, construction, or rehabilitation 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.
In no event shall outstanding guarantees be in excess of
$3,000,000,\2\
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\2\ So in original. The comma probably should be a period.
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(C) Rental to Government employees
A guarantee may be made under this section only if the lessee
agrees to permit the Secretary to utilize for housing purposes any
units for which the guarantee is made \3\
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\3\ So in original. Probably should be followed by a period.
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(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 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 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 available
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 applicable under
section 5911 of title 5.
(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 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
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 (12), in sequential order, to the maximum extent
practicable.
(14) Annual budget submittal
The President's proposed budget to Congress for the first fiscal
year beginning after November 12, 1996, 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 November 12, 1996, 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 temporary and lower paid
permanent 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 housing
Within 18 months of November 12, 1996, 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
(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 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.
(C) Exemption from leasing requirements
The provisions of section 460l-22 of this title and section 1302
of title 40 shall not apply to leases issued by the Secretary under
this section.
(18) Proceeds
The proceeds from any lease under paragraph (7)(A) and any lease
under paragraph (11) 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 section:
(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, 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.
(Pub. L. 104-333, div. I, title VIII, Sec. 814(a), Nov. 12, 1996, 110
Stat. 4190; Pub. L. 106-176, title I, Sec. 120(a)(1), Mar. 10, 2000, 114
Stat. 28.)
References in Text
This section, referred to in pars. (1), (6), (13), and (17)(A), (C),
means section 814 of title VIII of div. I of Pub. L. 104-333 which
enacted this section and sections 1f and 346e of this title and made
numerous amendments to this title. The reference probably should have
been ``this subsection'' meaning subsec. (a) of section 814 which
enacted this section.
Codification
``Section 1302 of title 40'' substituted in par. (17)(C) for
``section 321 of the Act of June 30, 1932 (40 U.S.C. 303b; 47 Stat.
412)'' on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116
Stat. 1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
Amendments
2000--Par. (6). Pub. L. 106-176, Sec. 120(a)(1)(A), substituted
``this section'' for ``this Act'' before period at end.
Par. (7)(B). Pub. L. 106-176, Sec. 120(a)(1)(B), substituted
``Competitive leasing'' for ``Comptetitive leasing'' in subpar. heading.
Par. (9). Pub. L. 106-176, Sec. 120(a)(1)(C), substituted ``granted
by statute'' for ``granted by statue''.
Par. (11)(B)(ii). Pub. L. 106-176, Sec. 120(a)(1)(D), substituted
``more cost-effective'' for ``more cost effective''.
Par. (13). Pub. L. 106-176, Sec. 120(a)(1)(E), substituted
``paragraph (12),'' for ``paragraph (13),''.
Par. (18). Pub. L. 106-176, Sec. 120(a)(1)(F), substituted ``under
paragraph (7)(A) and any lease under paragraph (11)'' for ``under
paragraph (7)(A)(i)(I), any lease under paragraph (11)(B), and any lease
of seasonal quarters under subsection (l),''.
