H.R. 7615 — what changed

Subchapter III of chapter 1013 of title 54, United States Code, is amended—

“101331. Definitions

“In this subchapter:

changed “(1) Field employeeemployee—The term field employee means—

changed “(A) In general—The term field an employee means—of the Service who is exclusively assigned by the Service to perform duties at a System unit, and the members of the employee’s family;

changed “(i) “(B) an employee individual performing duties at the System unit who is employed by a Service concession, partnership, educational, or conservation organization, whose work supports the mission of the Service;System unit, and the members of the individual’s family;

changed “(ii) “(C) an individual who is authorized to occupy and lease government quarters, as determined by the Secretary and Federal Government quarters under section 5911 of title 5; 5 in the vicinity of the System unit, including individuals who are employees of other Federal agencies, and the members of the individual’s family; or

changed “(iii) “(D) an employee of the Federal Government who is—

changed “(I) “(i) eligible to live in government housing; and

changed “(II) “(ii) not an employee of the Service.

changed “(B) Household members—The “(2) Fundamental resources—The term field employee includes fundamental resources means resources essential to achieving the members purposes of the household of each individual described System unit and maintaining its significance, as identified by the agency in subparagraph (A).planning documents, including Foundation Documents.

changed “(2) “(3) Housing partnership agreement—The accommodation project—The term housing partnership agreement accommodation project means an agreement, lease, a project for the development, construction, rehabilitation, repair, maintenance, operation or contract management of housing accommodations, including related facilities and infrastructure, pursuant to an agreement entered into under section 101334(a).101334.

changed “(3) Member of the public—The “(4) Housing partnership agreement—The term member of the public—housing partnership agreement means an agreement for a housing accommodation project entered into under section 101334.

changed “(A) “(5) Housing units—The term housing units means an individual who is not a field employee; andhousing units occupied by members of the public in housing accommodations developed or leased on non-Federal lands under this subchapter.

changed “(B) includes “(6) Member of the public—The term member of the public means an individual, and the members of such the individual’s household.family, who is not a Federal Government employee.

changed “(4) “(7) Primary resource values—The term primary resource values means resources that are specifically mentioned in the enabling legislation for that field unit or other resource value recognized under Federal statute.

changed “(5) Project—The “(8) Public lands—The term project public lands means housing developed under an agreement entered into lands under this subchapter.the administrative jurisdiction of the Federal Government.

changed “(6) Public lands—The “(9) Quarters—The term public lands quarters means lands under the administrative jurisdiction of the Federal Government.quarters occupied by field employees and are, for such purpose,—

changed “(7) Quarters—The term quarters means housing owned or leased “(A) provided by the Federal Government, or the subject of a housing partnership agreement under this subchapter.”Government; or

added “(B) developed or leased by the Federal Government in accordance with a housing partnership agreement, lease, or contract under this subchapter.”

changed “(a) In general—The Secretary may, pursuant to the authorities contained in this subchapter and subject to the appropriation of necessary funds in advance, enter into agreements, leases, or contracts with other Federal agencies, State or local governments, Tribal Governments, housing entities, or other public or private organizations, “101334. Authorization for the purposes of developing, constructing, rehabilitating, or managing housing for rent to field employees and members of the public—accommodation projects

added “(a) In general—The Secretary may, pursuant to the authorities contained in this subchapter and subject to the appropriation of necessary funds in advance, enter into housing partnership agreements with other Federal agencies, State or local governments, Tribal Governments, housing entities, or other public or private organizations, for the purposes of facilitating housing accommodation projects for rent to field employees and members of the public—

“(1) on public lands, including System units;

“(2) off public lands in the vicinity of System units; or

“(3) a combination of public lands described in paragraphs (1) and (2).

“(b) Terms and conditions

removed “(1) National park lands—For any housing partnership agreements for housing on lands under the administrative jurisdiction of the Service, the Secretary shall ensure—

changed “(A) the “(1) National park lands—For any housing and related facilities and partnership agreements for housing accommodation projects on lands under the use thereof are in conformity with administrative jurisdiction of the approved plans for Service, the field unit and Director’s orders and reference manuals related to Service housing;Secretary shall—

changed “(B) that the location of “(A) ensure the housing accommodation project and related facilities will avoid degradation to the primary resource values within the field unit, and will not adversely affect use thereof are in conformity with the mission of approved plans, including housing management plans, for the Service; andSystem unit and Director’s Orders and reference manuals related to Service housing;

changed “(C) “(B) ensure that the agreements include any other terms and conditions location of the Secretary may consider advisable housing accommodation project will avoid degradation to protect the interests primary resource values and fundamental resources within the System unit, and will not adversely affect the mission of the United States.Service;

changed “(2) Other public or private lands—For any housing partnership agreements “(C) ensure the entities responsible for the housing on other public or private lands not under accommodation project comply with applicable law and policies, including the administrative jurisdiction provisions of the Service, the Secretary shall ensure the agreements—this subchapter;

changed “(A) have received “(D) identify the authorization of each Federal agency, State or local government, or other public or private entity involved;funding to be used in performing the housing accommodation project;

added “(E) provide standards that must be met, as applicable, to ensure that the housing accommodation project, including related facilities and infrastructure, are kept in good condition and repair; and

added “(F) that the agreements include any other terms and conditions the Secretary may consider advisable to protect the interests of the United States.

added “(2) Other public or private lands—For any housing partnership agreements for housing accommodation projects on other public or private lands located in the vicinity of the relevant System unit and not under the administrative jurisdiction of the Service, the Secretary shall ensure the agreements—

added “(A) have received the approval of each appropriate State or local government, Tribal Government, or other public or private entity involved;

“(B) identify both the Federal and non-Federal funding to be used in completing the housing and related facilities; and

“(C) any other terms and conditions the Secretary may consider advisable to protect the interests of the United States.

“(c) Housing occupancy

added “(1) In general—The Secretary may allow field employees and members of the public to occupy and lease housing accommodation project quarters.

removed “(1) In general—The Secretary may allow field employees and members of the public to occupy and lease project quarters.

“(2) Compliance—Members of the public occupying quarters shall be subject to the same laws and policies with which field employees are required to comply, as applicable.

added “(3) Prohibition—Field employees and members of the public shall be prohibited from subleasing housing units or quarters developed or leased in accordance with a housing partnership agreement under this section, including all forms of short-term rentals.

removed “(3) Prohibition—Field employees and members of the public shall be prohibited from subleasing housing established under this subchapter.

“(4) Preference—To the maximum extent practicable, priority for occupancy in project quarters shall be given to field employees.

added “(d) Contracting procedures—Each housing partnership agreement awarded pursuant to this section shall be awarded through the use of publicly advertised, competitively bid, or competitively negotiated procedures, unless the Secretary—

added “(1) determines that it is in the public interest to use procedures other than competitive procedures with respect to the particular housing partnership agreement concerned; and

added “(2) notifies, in writing, the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives of such determinations and the rationale for such determination

removed “(d) Contracting procedures—Each contract awarded pursuant to this section shall be awarded through the use of publicly advertised, competitively bid, or competitively negotiated contracting procedures, unless the Secretary—

removed “(1) determines that it is in the public interest to use procedures other than competitive procedures with respect to the particular contract concerned; and

removed “(2) not less than 30 days before the award of the contract, notifies, in writing, the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives of such determination and the rationale for such determination.

“(e) Rent

added “(1) Collection—The Secretary may collect, or may authorize entities who have entered into partnership housing agreements under this section to collect, rents directly from field employees and members of the public occupying housing units or quarters.

removed “(1) Collection—The Secretary may allow partners in agreements entered into under this section to collect rents directly from housing occupants.

“(2) Rates—For field employees, rent collected under this subsection may not exceed the rates determined pursuant to guidance in the document entitled “Circular No. A–45 Revised” and dated November 25, 2019 (or subsequent guidance).

added “(f) Expiration of agreements

added “(1) Within system units—The Secretary may allow long-term leases or term-limited ownership of housing units or quarters on public lands, as appropriate, to facilitate the ability of an entity with whom a housing partnership agreement has been entered into under subsection (b) to secure financing.

added “(2) Expiration of term on public lands

removed “(f) Leases and limited ownership

removed “(1) In general—The Secretary may allow long-term leases or term-limited ownership of buildings on public lands, as appropriate, to facilitate the ability of an entity with whom a housing partnership agreement has been entered into under subsection (b) to secure financing.

removed “(2) Expiration of term

“(A) In general—Upon expiration of a term of ownership under paragraph (1), the Secretary may—

added “(i) renew the housing partnership agreement for terms not to exceed 10 years;

added “(ii) require the entity with whom a housing partnership agreement has been entered into under subsection (a) to demolish the housing accommodations and related facilities and infrastructure, and restore the land to conditions generally existing before construction on the lands upon which the housing accommodation project is located without any cost to the Federal Government;

added “(iii) take ownership of the housing accommodations and related facilities and infrastructure, including fixtures and personal property necessary for the operation of the property; or

added “(iv) enter into a new housing partnership agreement.

added “(B) Covering costs—If taking ownership of buildings under subparagraph (A)(ii), the Secretary may require the owner whose term of ownership is expiring to cover costs associated with preparing the building site for new or continued use.

added “(3) On non-federal lands—Upon expiration of a housing partnership agreement for housing accommodations on non-Federal lands, the Secretary may extend the housing partnership agreement for terms not to exceed 10 years.”

removed “(i) renew the housing partnership agreement;

removed “(ii) take ownership of the buildings; or

removed “(iii) enter into a new agreement.

removed “(B) Covering costs—If taking ownership of buildings under subparagraph (A)(ii), the Secretary may require the owner whose term of ownership is expiring to cover costs associated with preparing the building site for new or continued use.”

“(A) the lease is awarded to a nonprofit or government entity; or

“(B) the Secretary determines that it is in the public interest to use procedures other than competitive procedures in the particular lease concerned and notifies, in writing, the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives of such determination and the rationale for such determination.”

“(2) Terms and conditions—Any arrangement made pursuant to this subsection shall contain such terms and conditions as the Secretary considers necessary or appropriate to protect the interests of the United States and ensure that necessary quarters are available to field employees.”

added “101338. General provisions

added “(a) Exemptions—The following provisions shall not apply to leases contracts, or housing partnership agreements awarded by the Secretary under this subchapter:

removed “(a) Exemption from leasing requirement—The following provisions shall not apply to leases issued by the Secretary under this section:

“(1) Sections 102102 and 102901 of this title.

“(2) Section 1302 of title 40.

added “(b) Proceeds from leases—The proceeds from any lease or housing partnership agreement under this subchapter from which the Service directly collects the proceeds shall be retained by the Service and deposited in the special fund established for repair, maintenance, rehabilitation, and operations of housing units and quarters and associated facilities and infrastructure.”

removed “(b) Proceeds from leases—The proceeds from any lease under section 101335(a)(1) or 101337 of this title from which the Service directly collects the proceeds shall be retained by the Service and deposited in the special fund established for repair, maintenance, rehabilitation, and operations of quarters and associated infrastructure.”

“(b) Annual budget submittal—Each fiscal year, the President’s proposed budget to Congress shall include—

“(1) identification of non-construction funds to be spent for Service housing maintenance and operations that are in addition to rental receipts collected;

“(2) the use of each of the authorities provided to the Service under this subchapter;

“(3) the number of additional housing units needed within the National Park System;

“(4) any barriers that have been identified to providing the needed housing; and

“(5) any recommendations for changes to existing authorities that would help to remove those barriers.”