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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7363 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7363
To amend the Federal Land Policy and Management Act of 1976 to
authorize the sale of certain Federal land to States and units of local
government to address housing shortages, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2024
Mr. Curtis introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Financial Services, Transportation and Infrastructure, and Education
and the Workforce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Land Policy and Management Act of 1976 to
authorize the sale of certain Federal land to States and units of local
government to address housing shortages, and for other purposes.
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 cited as the ``Helping Open Underutilized Space to
Ensure Shelter Act of 2024'' or the ``HOUSES Act of 2024''.
SEC. 2. SALES OF FEDERAL LAND TO ADDRESS HOUSING SHORTAGES.
Section 203 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1713) is amended by adding at the end the following:
``(h) Sales of Public Lands To Address Housing Shortages.--
``(1) Definitions.--In this subsection:
``(A) Allowable community amenity.--The term
`allowable community amenity' means a community
assembly facility, firefighting facility, grocery
store, health clinic, hospital (including associated
lodging), library, place of worship, police facility,
recreational facility, primary school, or secondary
school.
``(B) Communications infrastructure.--The term
`communications infrastructure' means the
infrastructure or equipment necessary in the provision
of--
``(i) cable service;
``(ii) broadband internet access service;
``(iii) video service;
``(iv) voice service; or
``(v) wireless service.
``(C) Federally protected land.--The term
`federally protected land' means--
``(i) a National Monument;
``(ii) a National Recreation Area;
``(iii) a component of the National
Wilderness Preservation System;
``(iv) a component of the National Wild and
Scenic Rivers System;
``(v) a component of the National Trails
System;
``(vi) a National Conservation Area;
``(vii) a unit of the National Wildlife
Refuge System;
``(viii) a unit of the National Fish
Hatchery System;
``(ix) a National Park;
``(x) a National Preserve;
``(xi) a National Seashore or National
Lakeshore;
``(xii) a National Historic Site;
``(xiii) a National Memorial;
``(xiv) a National Battlefield, National
Battlefield Park, National Battlefield Site, or
National Military Park; and
``(xv) a National Historic Park.
``(D) Green space.--
``(i) In general.--The term `green space'
means land that is--
``(I) partly or completely covered
with grass, trees, shrubs, or other
vegetation; and
``(II) accessible to the public at
no cost.
``(ii) Inclusions.--The term `green space'
includes parks and community gardens.
``(iii) Exclusion.--The term `green space'
does not include an area used for a commercial
use.
``(E) Industrial area.--The term `industrial area'
means--
``(i) an area occupied by land uses or
facilities, the primary operation of which
involves manufacturing, assembling, processing,
extracting, or otherwise treating raw
materials, semifinished products, or finished
products for distribution to wholesale or
retail markets; or
``(ii) a tract of public lands conveyed
under this subsection on which there is located
a utility that serves utility customers that do
not reside on the tract.
``(F) Open space.--
``(i) In general.--The term `open space'
means any open piece of land that--
``(I) is accessible to the public
at no cost; and
``(II)(aa) provides recreational
areas for residents; or
``(bb) helps to enhance the beauty
or environmental quality of an eligible
project described in paragraph (2)(C).
``(ii) Inclusions.--The term `open space'
includes--
``(I) schoolyards;
``(II) playgrounds;
``(III) public seating areas; and
``(IV) public plazas.
``(iii) Exclusion.--The term `open space'
does not include an area used for a commercial
use.
``(G) Residential development.--
``(i) In general.--The term `residential
development' means 1 or more buildings,
structures, or portions of a building or
structure that are designed for human
habitation and used as a primary residence.
``(ii) Inclusions.--The term `residential
development' includes standard residential
amenities (including driveways and parking
structures) that are related to an eligible
project described in paragraph (2)(C).
``(H) Transit hub.--The term `transit hub' means a
rail, light rail, rapid transit, or commuter rail
station, ferry terminal, or bus transfer station.
``(I) Utility.--The term `utility' means a common
commodity or service (including water, sewage, or
electricity) that is provided to the public by a public
or private entity for safe and sanitary living
accommodations, including associated water storage
infrastructure.
``(2) Nomination by state or unit of local government.--
``(A) In general.--A State or unit of local
government may nominate for consideration for
conveyance by the Secretary under subsection (a)(3) to
the State or unit of local government 1 or more tracts
of public lands within the boundary of the State or
unit of local government for the purpose of carrying
out an eligible project described in subparagraph (C)
to provide housing in the State or unit of local
government--
``(i) in accordance with a nomination
process established by the Secretary in
regulations proposed not later than 180 days
after the date of enactment of this subsection
and finalized not later than 1 year after the
date of enactment of this subsection; and
``(ii) subject to subparagraph (B).
``(B) Nomination requirements.--To be eligible for
consideration by the Secretary, a nomination submitted
by a State or unit of local government under
subparagraph (A)--
``(i) shall not include federally protected
land; and
``(ii) shall include--
``(I) a map provided by the State
or unit of local government of the 1 or
more tracts of public lands nominated;
and
``(II) a proposal that describes
the manner in which the 1 or more
tracts of public lands nominated would
be used for an eligible project
described in subparagraph (C) to
provide housing in the State or unit of
local government.
``(C) Eligible projects.--An eligible project to
provide housing referred to in subparagraphs (A) and
(B)(ii)(II) is a project--
``(i) for which not less than 85 percent of
the land for the project shall be used for
residential development, open space, green
space, or allowable community amenities;
``(ii) that provides that the density of
the land for the project dedicated to
residential development under clause (i) shall
be not less dense than 4 residences per acre;
``(iii) that provides that no tract of land
dedicated to residential development under
clause (i) on which a single residence is
located may exceed \1/2\ acre;
``(iv) for which not more than 15 percent
of the land for the project may be used for a
commercial use project, subject to the
conditions that--
``(I) a mixed-use residential
development property shall not be
considered to be a commercial use
project for purposes of this clause if
at least 50 percent of the total floor
space of the property is residential;
and
``(II) not more than \1/3\ of the
land identified under this clause may
be used for a commercial use project to
develop an industrial area;
``(v) that provides that the development of
roads, communications infrastructure, transit
hubs, and utilities and the distribution of
utilities to serve the residences to be
developed on the land for the project shall
not--
``(I) be inhibited; or
``(II) contribute to the
apportionment of residential or
commercial developments; and
``(vi) that provides that--
``(I) a utility facility on the
land may generate enough power, collect
enough sewage, treat enough water, or
provide other commodities or services
sufficient to meet the needs of the
residences developed on the land; and
``(II) if a utility facility on the
land is built to have excess capacity
that is intended to be sold to users or
residences not on the tract of land,
the facility shall be--
``(aa) classified as an
industrial area; and
``(bb) subject to the
limitation under clause
(iv)(II).
``(D) Modification of proposal.--A proposal for an
eligible project under subparagraph (B)(ii)(II) may be
subsequently modified if, after modification, the
eligible project would still comply with the
requirements of subparagraph (C), as determined by the
Secretary.
``(3) Requirements for review.--In reviewing under
subsection (a)(3) whether to approve or disapprove the
conveyance to the State or unit of local government of a tract
of public lands nominated under paragraph (2), the Secretary--
``(A) shall prioritize the use of the tract to
address housing shortages over any other potential use
of the tract (other than protecting prior existing
rights);
``(B) shall not take into account whether the
housing shortage could be addressed prudently or
feasibly on land other than the nominated tract; and
``(C) shall--
``(i) in the case of a tract of public
lands that is designated as eligible for
disposal under any other applicable law,
consider the conveyance of the tract of public
lands to be approved for conveyance under this
subsection; and
``(ii) in the case of a conveyance of a
tract of not more than 640 acres of public
lands that is not described in clause (i)--
``(I) complete the review process
and issue a determination with respect
to the approval or disapproval of the
conveyance of the tract--
``(aa) by not later than 1
year after the date on which
the tract was nominated under
paragraph (2); and
``(bb) that includes, in
the case of disapproval, an
explanation of any reasons for
the disapproval; or
``(II) if the Secretary fails to
complete the review process and issue a
determination by the deadline
established under subclause (I)(aa),
consider the conveyance approved.
``(4) Sale price.--Notwithstanding subsections (d), (f),
and (g) and subject to paragraphs (5) and (6), the Secretary
shall offer for sale to the nominating State or unit of local
government the tract of public lands approved for conveyance
under paragraph (3)(C) in exchange for an amount equal to the
quotient obtained by dividing--
``(A) the amount equal to the product obtained by
multiplying--
``(i) the amount of the estimated fair
market value of the tract, as determined by the
Secretary; and
``(ii) the amount of the payment that would
otherwise be made to the unit of local
government for the tract for the prior fiscal
year under chapter 69 of title 31, United
States Code; by
``(B) the estimated amount of tax revenue that
would have been due to the State or unit of local
government for the prior fiscal year if the tract had
been sold for the amount determined under subparagraph
(A)(i).
``(5) Approval of governor required.--The Secretary may not
offer to convey to a unit of local government a tract of public
lands approved for conveyance by the Secretary until the date
on which the Secretary receives from the Governor of the State
in which the tract is located written notice specifying that
the Governor of the State approves of the conveyance to the
unit of local government.
``(6) Compliance with proposal.--
``(A) In general.--The Secretary may not convey to
a State or unit of local government a tract of public
lands approved for conveyance under this subsection
until the date on which the Secretary confirms that the
State or unit of local government has in effect any
ordinances, statutes, or regulations, as applicable,
that are necessary to ensure compliance by the State or
unit of local government with the applicable proposal
submitted under paragraph (2)(B)(ii)(II).
``(B) Prohibition of certain funding.--
``(i) In general.--Notwithstanding any
other provision of law, if, during the 15-year
period beginning on the date of the conveyance
to a State or unit of local government of a
tract of public lands approved for conveyance
under this subsection, the Secretary determines
that the State or unit of local government is
not in compliance with the applicable proposal
submitted under paragraph (2)(B)(ii)(II) or a
modified proposal under paragraph (2)(D), as
applicable, the State or unit of local
government shall not be considered to be
eligible to receive funds from any of the
programs described in clause (ii) until the
date on which the Secretary certifies that the
State or unit of local government is in
compliance with the applicable proposal or
modified proposal.
``(ii) Description of programs.--The
programs referred to in clause (i) are the
following:
``(I) Any program carried out by
the Economic Development
Administration.
``(II) The community development
block grant program under title I of
the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.).
``(III) The community services
block grant program carried out under
the Community Services Block Grant Act
(42 U.S.C. 9901 et seq.).
``(7) Disposition of proceeds.--
``(A) In general.--Subject to subparagraph (B), the
gross proceeds of a sale of a tract of public lands
under this subsection shall be--
``(i) deposited in the Treasury; and
``(ii) available to the Secretary, subject
to appropriations, for--
``(I) capital improvements in units
of the National Park System;
``(II) the development and
implementation of comprehensive, cost-
effective, and multijurisdictional
hazardous fuels reduction and wildfire
prevention plans to be carried out;
``(III) the development of public
water infrastructure on Federal land;
and
``(IV) the restoration or
preservation of a critical habitat.
``(B) Applicability of state enabling acts.--If
there is a provision of an applicable State enabling
Act that would otherwise apply to the disposition of
the gross proceeds of a sale of a tract of public lands
under this subsection, before applying the requirements
of subparagraph (A) to the disposition of the gross
proceeds of the sale, the provision of the applicable
State enabling Act shall apply.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Financial Services, Transportation and Infrastructure, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Financial Services, Transportation and Infrastructure, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Financial Services, Transportation and Infrastructure, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Financial Services, Transportation and Infrastructure, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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