S. 5125 — what changed
Land Manager Housing and Workforce Improvement Act of 2024
From Reported in Senate to Engrossed in Senate. 11 sections amended and 1 added between Reported in Senate and Engrossed in Senate.
Sec. 101 Prioritizing National Park Service workforce housing
Section 103502(a)(3) of title 54, United States Code, is amended—
changed
by inserting “quarters for field employees (as those terms are defined in section 101331) (including related infrastructure and amenities),” 101331),” after “prioritize”; and
by inserting a comma after “facilities”.
Sec. 102 Authorizing the National Park Service to address workforce housing off-park
Section 100901 of title 54, United States Code, is amended by adding at the end the following:
“(i) Acquisition of land for administration of system units
changed
“(1) In general—Notwithstanding section 103501(c)(2) or any other provision of law (including regulations), to general—To facilitate the administration of a System unit, the Secretary may acquire, by purchase from a willing seller, donation, exchange, or transfer from another Federal agency, not more than 10 20 acres of land or interests in land, cumulatively, not more than a 1-hour driving commute (under normal commuting conditions) outside within the vicinity of the System unit boundary for the development, construction, rehabilitation, maintenance, operation, or management operation of quarters for field employees (as those terms are defined in section 101331) (including related infrastructure and amenities) for the System unit.
changed
“(2) Disposal—If the Secretary determines that any land or interest in land acquired under paragraph (1) no longer supports the administration of the System unit—Management
added “(A) In general—With respect to any land or interest in land acquired by the Secretary under paragraph (1)—
added “(i) the land or interest in land shall not—
added “(I) be administered as part of the System; or
added “(II) be subject to the laws (including regulations) governing the associated System unit; but
added “(ii) the Secretary shall—
added “(I) have the authority to supervise, manage, and control the land; and
added “(II) issue such rules and regulations as the Secretary may determine to be necessary and proper for the use and management of the land.
added “(B) Authorizations—The Secretary may grant exclusive privileges, leases, and permits for the use of land acquired under paragraph (1) and enter into contracts relating to such authorizations as authorized under this title, notwithstanding any restriction on such authorizations to land within a System unit boundary.
added “(3) Disposal—If the Secretary determines that any land or interest in land acquired under paragraph (1) no longer supports the administration of the System unit—
“(A) the Secretary may determine the land and any improvements to the land to be excess property for disposal; and
added “(B) the proceeds from the disposal of excess property under subparagraph (A) shall be retained by the Secretary and deposited in the special fund established for the development, construction, maintenance, or operation of quarters for field employees (as so defined) described in section 101338(b), to be expended by the Secretary without further appropriation.”
removed
“(B) the proceeds from the disposal of excess property under subparagraph (A) shall be retained by the Secretary and deposited in the special fund established for the development, construction, rehabilitation, or management of quarters for field employees (as so defined) (including related infrastructure and amenities) under section 101338(b), to be expended by the Secretary without further appropriation.”
Sec. 103 Expanding National Park Service rental options
changed
Section 101336 of title 54, United States Code, is amended, in the first sentence, by striking “management, repair, and maintenance of field employee quarters” and inserting “occupancy, development, “development, construction, repair, maintenance, rehabilitation, or management operation of quarters for field employees (including related infrastructure and amenities)”.employees”.
Sec. 104 Leveraging National Park Service rental receipts for workforce housing programming
changed
Section 101338(b) 101338 of title 54, United States Code, is amended by striking “maintenance and operation of quarters” and inserting “development, construction, rehabilitation, or management of quarters for field employees (including related infrastructure and amenities)”.adding at the end the following:
added “(c) Use of special fund by National Park Service—Amounts deposited by the Service in the special fund described in subsection (b) and established under section 320 of Public Law 98–473 (5 U.S.C. 5911 note) shall be available for the development, construction, maintenance, or operation of quarters for field employees at System units.”
Sec. 105 Empowering the Forest Service to address workforce housing needs
changed
Use of Forest Service structures or improvements— Section 7 of the Act of April 24, 1950 (commonly known as the “Granger-Thye Act”) (64 Stat. 84, chapter 97; 16 U.S.C. 580d), is amended by striking “thirty years as determined by him” and inserting “30 years, or in the case of a permit for workforce housing and related infrastructure (including amenities), any duration, infrastructure, 50 years, as determined to be appropriate by the Secretary of Agriculture”.
Conveyances of Forest Service administrative sites— Title V of the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109–54) is amended—
in section 503—
by striking subsection (f); and
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by redesignating subsection (g) as subsection (f);(f); and
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in section 504—504(c)(2), by striking “by competitive sale” and inserting “by soliciting not fewer than 2 competitive bids”.
removed
in subsection (b)(2)(A), by inserting “or over time” after “conveyance of the administrative site”;
removed
in subsection (c)(2), by striking “by competitive sale” and inserting “through competition”; and
removed
in subsection (d), by adding at the end the following:
removed
“(5) Exemption from information collection requirements—Subchapter I of chapter 35 of title 44, United States Code, shall not apply to instruments used to convey administrative sites under this title.
removed
“(6) Foreclosure—After a reasonable period of time for removal and under conditions for cause considered to be appropriate by the Secretary, a facility or improvement on an administrative site remaining after the termination of a conveyance under this title shall be conveyed to the United States without consideration.”
removed
in section 505(b)—
removed
in paragraph (1), by striking “and” at the end;
removed
in paragraph (2), by striking the period at the end and inserting a semicolon; and
removed
by adding at the end the following:
removed
“(3) the acquisition of land or any interests in land (with or without improvements) for purposes of administration of the National Forest System, including the construction of Federal employee and private housing; and
removed
“(4) the reacquisition by the Secretary of an administrative site, a purchase agreement, or an option to buy land with or without improvements conveyed under this title.”
Sec. 201 Engaging partners to address National Park Service workforce housing
Section 101701(a) of title 54, United States Code, is amended—
changed
in paragraph (1), by inserting, “, including projects for field employee quarters for field employees (as those terms are defined in section 101331),” after “responsibilities of the Secretary.”; Secretary”; and
in paragraph (2)—
by inserting “, Tribal,” after “State”;
changed
by inserting “(including an organization that has a philanthropic agreement to fundraise or otherwise generate donations on behalf of, or for the benefit of, a Federal agency)” the Service)” after “organization”; and
changed
by inserting “(including an individual that has a philanthropic agreement to fundraise or otherwise generate donations on behalf of, or for the benefit of, a Federal agency)” the Service)” after “individual”.
Sec. 202 Encouraging public-private cooperative management
changed
Section 103501(c)(3) 101703 of title 54, United States Code, is amended by inserting “, services,” after “goods”.to read as follows:
added “101703. Cooperative management agreements
added “(a) Definition of State—In this section, the term State means each of the several States, the District of Columbia, and each territory of the United States.
added “(b) Cooperative management agreements
added “(1) In general—The Secretary, in accordance with the laws generally applicable to System units and under such terms and conditions as the Secretary considers appropriate, may enter into a cooperative management agreement with a State, Indian Tribe, or local government with park land adjacent to a System unit, if the agreement would provide for more effective and efficient management of a System unit and the adjacent non-Federal park land.
added “(2) No transfer of administrative responsibilities—The Secretary may not transfer administration responsibilities for any System unit under this subsection.
added “(c) Provision of goods and services
added “(1) In general—The Secretary may provide or acquire goods and services on a reimbursable basis as part of a cooperative management agreement entered into under subsection (b).
added “(2) Retention of funds—The Secretary may retain and expend any funds received under this section without further appropriation.
added “(d) Co-location—The Secretary and a State, Indian Tribe, or local government may co-locate in offices or facilities owned or leased by either party as part of a cooperative management agreement entered into under subsection (b).
added “(e) Employees
added “(1) Assignment of employee—The Secretary may arrange an assignment under section 3372 of title 5 of a Federal employee or an employee of a State, Indian Tribe, or local government, as mutually agreed on, for work, on the applicable Federal, State, local, or Tribal park land covered by the cooperative management agreement.
added “(2) Extension of assignment—An assignment under paragraph (1) may be extended if the Secretary and the State, Indian Tribe, or local government determine the extension to be mutually beneficial.”
Sec. 203 Leveraging philanthropic support to address National Park Service workforce housing
addedadded Section 103501(c)(3) of title 54, United States Code, is amended by striking “(including funds and fairly valued durable goods and materials)” and inserting “(including any combination of cash, fairly valued services, and durable goods and materials)”.
Sec. 301 Supporting the land manager workforce
changed
In general— The Secretary or the Secretary of Agriculture, as applicable, may recruit and directly appoint qualified individuals into the competitive service who are certified, in accordance with procedures established by the Secretary or the Secretary of Agriculture, as applicable, as maintaining a permanent and exclusive residence within, contiguous to, or not more than a 1-hour driving commute (under normal commuting conditions) from within the vicinity of a site administered by the National Park Service, the United States Fish and Wildlife Service, or the Forest Service to a field unit which the individual would report to work into any position at or below grade GS–11 GS–9 of the General Schedule, WG–15 of the Federal Wage System, or equivalent within the applicable site.field unit.
changed
Requirements— In exercising An appointment by the authority provided Secretary under subsection (a), the Secretary or the Secretary of Agriculture, as applicable, (a) shall ensure that any action taken by be considered compliant with all applicable provisions of chapter 33 of title 5, United States Code, if the Secretary or ensures that the Secretary of Agriculture, as applicable—appointment action—
changed
is consistent with the merit principles of section 2301 of title 5, United States Code;that title; and
changed
complies with the public notice requirements of section 3327 of that title; andtitle.
removed
is based on a determination by the Secretary or Secretary of Agriculture, as applicable, that there is a need for workforce housing that cannot be supplied by the Federal Government.
Termination of authority— The authority provided under subsection (a) shall terminate on September 30, 2030.
Sec. 401 Quantifying the workforce housing needs of land managers
changed
Not later than 18 months after the date of enactment of this Act, the Secretary and the Secretary of Agriculture shall jointly submit to the appropriate committees of Congress a needs assessment report that describes, provides, with respect to housing the workforce of covered agencies, as applicable—
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housing an analysis of the unit types type and utilization;condition of—
added
housing owned by the covered agencies; and
added
housing leased by the covered agencies;
changed
year-round, seasonal, and required occupancy rates;an analysis of the employment status of the occupants of the housing analyzed under paragraph (1), including—
added
whether the occupants are—
added
members of the permanent workforce; or
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members of the seasonal workforce; and
added
which positions identified under subparagraph (A) required housing provided by the applicable covered agency as a condition of employment with the covered agency; and
changed
alternatives to onsite housing;an analysis of the private housing markets within the vicinity of a covered agency field unit, including—
added
the availability and affordability of housing for sale or lease; and
added
the impact of vacation rental services on—
added
the cost of living; and
added
the available supply of housing.
removed
local rental market availability and affordability;
removed
local housing market trends; and
removed
housing needs by position type.
Sec. 402 Conducting oversight on the housing programming of land managers
changed
Report to congress—Congress— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that—
assesses, in consultation with the National Housing Council described in Office of Management and Budget Circular A–45, the effect of Office of Management and Budget Circular A–45R on the housing of the workforce of covered agencies;
assesses the effect of Office of Management and Budget Circular A–11 on the housing of the workforce of covered agencies;
assesses the effect of department-level guidance on the housing of the workforce of covered agencies;
assesses the effect of agency-level guidance on the housing of the workforce of covered agencies; and
identifies suggested administrative actions and legislative proposals to reform the guidance assessed under paragraphs (1) through (4), including—
improvements to tenant experience;
improvements to workforce housing supply, including—
housing managed by the covered agencies; and
leased private market housing;
improvements to financing options;
improvements to public-private partnerships;
improvements to philanthropic engagement; and
improvements to commuting times to report stations, including—
available housing in the gateway communities;
changed
available housing in the nearest established community (as defined in Office of Management and Budget Circular A–45);A–45); and
removed
discrepancies in Office of Management and Budget, Department of the Interior, and National Park Service definitions for reasonable commuting time; and
renumbered
was (2)(7)(7)(5)
differences between normal commuting conditions and peak-commute traffic conditions, including considerations for—
renumbered
was (2)(7)(7)(5)(2)
road quality and condition;
renumbered
was (2)(7)(7)(5)(3)
availability of public transportation;
renumbered
was (2)(7)(7)(5)(4)
winter driving; and
renumbered
was (2)(7)(7)(5)(5)
visitor traffic.
Implementation— Not later than 1 year after the date on which the report is submitted under subsection (a), the heads of the covered agencies shall carry out the administrative actions identified under paragraph (5) of that subsection.
Sec. 403 Justifying emergency spending
Section 5 of the Act of August 3, 1956 (70 Stat. 1033, chapter 950; 7 U.S.C. 2228), is amended—
by striking the section designation and all that follows through “The Department” and inserting the following:
“5. Emergency subsistence for employees
“(a) In general—The Department”
by adding at the end the following:
changed
“(b) Required notice for Forest Service employees—Not less than 30 days before the date on which the Secretary of Agriculture exercises the authority under subsection (a) with respect to Forest Service employees, the Secretary of Agriculture shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Agriculture of the House of Representatives notice providing—Report
changed
“(1) 1 or more justifications for In general—Except as provided in paragraph (3), not later than 30 days after the use date on which the Secretary of Agriculture furnishes subsistence to employees under subsection (a), the authority;Secretary of Agriculture shall submit to the appropriate committees of Congress (as defined in section 2 of the Land Manager Housing and Workforce Improvement Act of 2024) a report providing—
changed
“(2) the estimated cost of using the authority, as verified by “(A) 1 or more justifications for the Director use of the Congressional Budget Office; andauthority;
changed
“(3) “(B) the name number of the office within the Forest Service employing the individuals employees that would be provided subsistence payments.were furnished subsistence;
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“(c) Report—Not later than 30 days after the date on which the Secretary of Agriculture exercises the authority under subsection (a) with respect to Forest Service employees, the Secretary of Agriculture shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Agriculture of the House of Representatives a report providing the number and grade level of “(C) the General Schedule estimated cost of Forest Service employees to be provided subsistence payments.”furnishing subsistence; and
added “(D) the expected duration for which subsistence is to be provided.
added “(2) Office of Management and Budget—The information for a report required under paragraph (1) shall be produced in coordination with, and approved by, the Director of the Office of Management and Budget.
added “(3) Exception—A report under paragraph (1) shall not be required in the case of an emergency resulting from a natural disaster, act of terrorism, or other man-made disaster.”