[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [S. 472 Introduced in Senate (IS)] 103d CONGRESS 1st Session S. 472 To improve the administration and management of public lands, National Forests, units of the National Park System, and related areas by improving the availability of adequate, appropriate, affordable, and cost effective housing for employees needed to effectively manage the public lands. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 2 (legislative day, January 5), 1993 Mr. Wallop (for himself and Mr. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To improve the administration and management of public lands, National Forests, units of the National Park System, and related areas by improving the availability of adequate, appropriate, affordable, and cost effective housing for employees needed to effectively manage the public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be referred to as the ``Land Management Agency Housing Improvement Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act, the term-- (1) ``public lands'' means Federal lands administered by the Secretary of the Interior or the Secretary of Agriculture; and (2) ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture. SEC. 3. EMPLOYEE HOUSING. (a)(1) To promote the recruitment and retention of qualified personnel necessary for the effective management of public lands, the Secretaries are authorized to-- (A) make employee housing available, subject to the limitations set forth in paragraph (2), on or off public lands, and (B) rent or lease such housing to employees of the respective Department at a reasonable value. (2)(A) Housing made available on public lands shall be limited to those areas designated for administrative use. (B) No private lands or interests therein outside of the boundaries of federally administered areas may be acquired for the purposes of this Act except with the consent of the owner thereof. (b) The Secretaries shall provide such housing in accordance with this Act and section 5911 of title 5, United States Code, except that for the purposes of this Act, the term-- (1) ``availability of quarters'' (as used in this Act and subsection (b) of section 5911) means the existence, within thirty miles of the employee's duty station, of well- constructed and maintained housing suitable to the individual and family needs of the employee, for which the rental rate as a percentage of the employee's annual gross income does not exceed the most recent Census Bureau American Housing Survey average percentage of rents paid by renters inclusive of utilities, whether paid as part of rent or paid directly to a third party; (2) ``contract'' (as used in this Act and subsection (b) of section 5911) includes, but is not limited to, ``Build-to- Lease'', ``Rental Guarantee'', ``Joint Development'' or other lease agreements entered into by the Secretary, on or off public lands, for the purposes of sub-leasing to Departmental employees; and (3) ``reasonable value'' (as used in this Act and subsection (c) of section 5911) means the base rental rate comparable to private rental rates for comparable housing facilities and associated amenities: Provided, That the base rental rate as a percentage of the employee's annual gross income shall not exceed the most recent American Housing Survey average percentage of rents paid by renters inclusive of utilities, whether paid as part of rent or paid directly to a third party. (c) Subject to appropriation, the Secretaries may enter into contracts and agreements with public and private entities to provide employee housing on or off public lands. (d) The Secretaries may enter into cooperative agreements or joint ventures with local governmental and private entities, either on or off public lands, to provide appropriate and necessary utility and other infrastructure facilities in support of employee housing facilities provided under this Act. SEC. 4. SURVEY OF RENTAL QUARTERS. The Secretaries shall conduct a survey of the availability of quarters at field units under each Secretary's jurisdiction at least every five years. If such survey indicates that government owned or suitable privately owned quarters are not available as defined in section 3(b)(1) of this Act of the personnel assigned to a specific duty station, the Secretaries are authorized to provide suitable quarters in accordance with the provisions of this Act. For the purposes of this section, the term ``suitable quarters'' means well- constructed, maintained housing suitable to the individual and family needs of the employee. SEC. 5. SECONDARY QUARTERS. (a) The Secretaries may determine that secondary quarters for employees who are permanently duty stationed at remote locations and are regularly required to relocate for temporary periods are necessary for the effective administration of an area under the jurisdiction of the respective agency. Such secondary quarters are authorized to be made available to employees, either on or off public lands, in accordance with the provisions of this Act. (b) Rental rates for such secondary facilities shall be established so that the aggregate rental rate paid by an employee for both primary and secondary quarters as a percentage of the employee's annual gross income shall not exceed the Census Bureau American Housing Survey average percentage of rents paid by renters inclusive of utilities, whether paid as part of rent or paid directly to a third party. SEC. 6. SURVEY OF EXISTING FACILITIES. (a) Within two years after the date of enactment of this Act, the Secretaries shall survey all existing government owned employee housing facilities under the jurisdiction of the Department of the Interior and the Department of Agriculture, to assess the physical condition of such housing and the suitability of such housing for the effective prosecution of the agency mission. The Secretaries shall develop an agency-wide priority listing, by structure, identifying those units in greatest need for repair, rehabilitation, replacement or initial construction, as appropriate. The survey and priority listing study shall be transmitted to the Committees on Appropriations and Energy and Natural Resources of the United States Senate and the Committees on Appropriations and Interior and Insular Affairs of the United States House of Representatives. (b) Unless otherwise provided by law, expenditure of any funds appropriated for construction, repair or rehabilitation shall follow, in sequential order, the priority listing established by each agency. Funding available from other sources for employee housing repair may be distributed as determined by the Secretaries. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. <all>