54 U.S.C. § 101335 — Housing programs
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 468 words · no verdicts yet
The Secretary can lease land to private developers to build or fix up housing for Park Service field employees, through a competitive bidding process. The Secretary can also guarantee that some of these units will be occupied, up to limits set by law.
(a) Joint Public-Private Sector Housing Program. (1) Lease-to-build program. If Congress has appropriated the funds first, the Secretary* may lease out land for up to 50 years so field employee* quarters* can be built: (A) Federal land and interests in land, leased to qualified people; and (B) developed or undeveloped non-Federal land, used to provide field employee quarters. (2) Competitive leasing. Every lease under (1)(A) must be awarded through a process that is publicly advertised and either competitively bid or competitively negotiated. (3) Terms and conditions. Each lease under (1)(A) must: (A) say clearly whether the lessee, the field employees, or the Federal Government will handle operation and maintenance of the quarters; (B) require that construction and rehabilitation follow the Service's own requirements as well as local building codes and industry standards; (C) include whatever other terms are needed to protect the federal government's interest — for example, limits on how much rent the lessee can charge field employees, rules about maintenance and repairs, and agreements about who pays for utilities and other infrastructure; and (D) may be granted for less than the land's fair market value, if the Secretary decides that doing so will improve the quality or availability of field employee quarters. (4) Contributions by federal government. The Secretary — subject to available appropriations — may make payments or in-kind contributions, either in advance or on an ongoing basis, to lower the cost of planning, building, or fixing up quarters under one of these leases.
(b) Rental Guarantee Program. (1) General authority. If funds have been appropriated in advance, the Secretary may enter into a lease-to-build arrangement like the one in subsection (a), and additionally promise, in writing, to guarantee that the quarters built or fixed up under the lease will be occupied. (2) Limitations on guarantees. (A) The Secretary cannot guarantee occupancy of more than 75 percent of the units built or rehabilitated under the lease, and cannot guarantee a rental rate higher than the reasonable-value rate required under section 5911 of title 5. (B) All the Secretary's outstanding guarantees, added together, cannot exceed $3,000,000. (3) Agreement to rent to federal government employees. The Secretary can only make a guarantee if the lessee agrees to let the Secretary use any guaranteed units for housing purposes. (4) Operation and maintenance. If the lessee fails to keep up a satisfactory level of operation and maintenance, the lease becomes void.
Subject to the appropriation of necessary funds in advance, the Secretary* may 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
developed and undeveloped non-Federal land for providing field employee quarters.
Each lease under paragraph (1)(A) shall be awarded through the use of publicly advertised, competitively bid, or competitively negotiated contracting procedures.
Each lease under paragraph (1)(A)—
shall stipulate whether operation and maintenance of field employee quarters is to be provided by the lessee, field employees, or the Federal Government;
shall require that the construction and rehabilitation of field employee quarters be done in accordance with the requirements of the Service* and local applicable building codes and industry standards;
shall contain additional terms and conditions as may be appropriate to protect the Federal interest, including limits on rents that 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
may be granted at less than fair market value if the Secretary determines that the lease will improve the quality and availability of field employee quarters.
The Secretary may make payments, subject to appropriations, or contributions in kind, in advance or on a continuing basis, to reduce the costs of planning, construction, or rehabilitation of quarters on or off Federal land under a lease under this subsection.
Subject to the appropriation of necessary funds in advance, the Secretary may enter into a lease-to-build arrangement as set forth in subsection (a) with further agreement to guarantee the occupancy of field employee quarters constructed or rehabilitated under the lease. A guarantee made under this paragraph shall be in writing.
The Secretary may not guarantee—
the occupancy of more than 75 percent of the units constructed or rehabilitated under the lease; and
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.
Outstanding guarantees shall not be in excess of $3,000,000.
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.
A lease shall be void if the lessee fails to maintain a satisfactory level of operation and maintenance.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3127.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3127
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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