
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 303b 
    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.


                               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),''.
