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

Summary

If money is provided, the Secretary may lease federal land for up to 50 years, or lease non-federal land, to build or provide housing for field employees. Leases on federal land must be publicly advertised and awarded by competitive bidding or negotiation. Each lease must say who will run and maintain the housing, require construction and repairs to follow Service rules, local building codes, and industry standards, and include terms to protect the government’s interest, like limits on rents, maintenance duties, and utility charges. Leases may be below fair market value if they improve housing quality or availability. The Secretary may also pay or give help to lower planning, building, or rehab costs. The Secretary can make a written occupancy guarantee for lease-to-build projects, but it cannot cover more than 75% of the units or allow rent above the reasonable-value rate under section 5911 of title 5. Total outstanding guarantees cannot exceed $3,000,000. The lessee must let the Secretary use any units covered by a guarantee, and a lease is void if the lessee fails to keep the housing in satisfactory condition.

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