§101335 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

If Congress provides money in advance, the Secretary may lease Federal land or land interests for up to 50 years, and may lease non‑Federal land, so qualified people can build housing for field employees. Federal‑land leases must be offered publicly and awarded by competitive bid or negotiation. Leases must say who will run and maintain the housing, require construction and repairs to meet agency rules and local building codes, include protections for the Federal interest (for example, rent limits, maintenance rules, and utility charges), and may be at below‑market rates to improve housing. The Secretary may pay or contribute, if funded, to lower planning or construction costs. The Secretary can give a written guarantee to cover occupancy of units built under a lease, but not more than 75% of the units, not at rents above the “reasonable value” rate in 5 U.S.C. 5911, and with total guarantees capped at $3,000,000. Guarantees are allowed only if the lessee lets the Secretary use those units. A lease is void if the lessee fails to keep satisfactory operation and maintenance.

Title 54, §101335

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)(1)Subject to the appropriation of necessary funds in advance, the Secretary may lease—

(A)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

(B)developed and undeveloped non-Federal land for providing field employee quarters.

(2)Each lease under paragraph (1)(A) shall be awarded through the use of publicly advertised, competitively bid, or competitively negotiated contracting procedures.

(3)Each lease under paragraph (1)(A)—

(A)shall stipulate whether operation and maintenance of field employee quarters is to be provided by the lessee, field employees, or the Federal Government;

(B)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;

(C)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

(D)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.

(4)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.

(b)(1)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.

(2)(A)The Secretary may not guarantee—

(i)the occupancy of more than 75 percent of the units constructed or rehabilitated under the 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.

(B)Outstanding guarantees shall not be in excess of $3,000,000.

(3)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.

(4)A lease shall be void if the lessee fails to maintain a satisfactory level of operation and maintenance.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 101335(a)16 U.S.C. 17o(7).Pub. L. 104–333, div. I, title VIII, § 814(a)(7), Nov. 12, 1996, 110 Stat. 4190; Pub. L. 106–176, title I, § 120(a)(1)(B), Mar. 10, 2000, 114 Stat. 28. 101335(b)16 U.S.C. 17o(8).Pub. L. 104–333, div. I, title VIII, § 814(a)(8), Nov. 12, 1996, 110 Stat. 4192.

§101335 Housing programs

Summary

Title 54, §101335

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata