US Code
SUBCHAPTER III— HOUSING IMPROVEMENT
§ 101335. Housing programs

(a)
Joint Public-Private Sector Housing Program.—
(1)
Lease-to-build program.—
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)
Competitive leasing.—
Each lease under paragraph (1)(A) shall be awarded through the use of
publicly advertised, competitively bid, or competitively negotiated
contracting procedures.
(3)
Terms and conditions.—
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)
Contributions by federal government.—
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)
Rental Guarantee Program.—
(1)
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
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)
Limitations on guarantees.—
(A)
Specific guarantees.—
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)
Total of outstanding guarantees.—
Outstanding guarantees shall not be in excess of $3,000,000.
(3)
Agreement to rent to federal government
employees.—
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)
Operation and maintenance.—
A lease shall be void if the lessee fails to maintain a satisfactory
level of operation and maintenance.