,,ii  #aagth ,,congress  #b;d ,session  
,s4 #djfb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #g1     
#bjbb,mr4 ,lee 7for himself1 ,mr4       
,romney1 and ,mr4 ,barrasso7 introduced 
the following bill2 which was read twice
 and referred to the ,committee on      
,energy and ,natural ,resources  ,a     
,,bill  ,to amend the ,federal ,land    
,policy and ,management ,act of #aigf to
 authorize the sale of certain ,federal 
land to ,states and units of local      
government to address housing shortages1
 and for other purposes4  #a4 ,short    
title ,this ,act may be cited as the    
,helping ,open ,underutilized ,space to 
,ensure ,shelter ,act of #bjbb or the   
,,houses ,act of #bjbb4  #b4 ,sales of  
,federal land to address housing        
shortages ,section #bjc of the ,federal 
,land ,policy and ,management ,act of   
#aigf 7#dc ,u4,s4,c4 #agac7 is amended  
by adding at the end the following3  7h7
 ,sales of public lands ,to address     
housing shortages  7#a7 ,definitions ,in

 this subsection3 7,a7 ,allowable       
community amenity ,the term allowable   
community amenity means a community     
assembly facility1 firefighting         
facility1 grocery store1 health clinic1 
hospital 7including associated lodging71
 library1 place of worship1 police      
facility1 recreational facility1 primary
 school1 or secondary school4  7,b7     
,communications infrastructure ,the term
 communications infrastructure means the
 infrastructure or equipment necessary  
in the provision of-- 7i7 cable service2
  7ii7 broadband internet access        
service2  7iii7 video service2  7iv7    
voice service2 or  7v7 wireless service4
  7,c7 ,federally protected land ,the   
term federally protected land means--   
7i7 a ,national ,monument2  7ii7 a      
,national ,recreation ,area2  7iii7 a   
component of the ,national ,wilderness  
,preservation ,system2  7iv7 a component
 of the ,national ,wild and ,scenic     
,rivers ,system2  7v7 a component of the
 ,national ,trails ,system2  7vi7 a     

,national ,conservation ,area2  7vii7 a 
unit of the ,national ,wildlife ,refuge 
,system2  7viii7 a unit of the ,national
 ,fish ,hatchery ,system2  7ix7 a       
,national ,park2  7x7 a ,national       
,preserve2  7xi7 a ,national ,seashore  
or ,national ,lakeshore2  7xii7 a       
,national ,historic ,site2  7xiii7 a    
,national ,memorial2  7xiv7 a ,national 
,battlefield1 ,national ,battlefield    
,park1 ,national ,battlefield ,site1 or 
,national ,military ,park2 and  7xv7 a  
,national ,historic ,park4  7,d7 ,green 
space  7i7 ,in general ,the term green  
space means land that is-- 7,i7 partly  
or completely covered with grass1 trees1
 shrubs1 or other vegetation2 and       
7,,ii7 accessible to the public at no   
cost4  7ii7 ,inclusions ,the term green 
space includes parks and community      
gardens4  7iii7 ,exclusion ,the term    
green space does not include an area    
used for a commercial use4  7,e7        
,industrial area ,the term industrial   
area means-- 7i7 an area occupied by    

land uses or facilities1 the primary    
operation of which involves             
manufacturing1 assembling1 processing1  
extracting1 or otherwise treating raw   
materials1 semifinished products1 or    
finished products for distribution to   
wholesale or retail markets2 or  7ii7 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     
tract4  7,f7 ,open space  7i7 ,in       
general ,the term open space means any  
open piece of land that-- 7,i7 is       
accessible to the public at no cost2 and
  7,,ii7 7aa7 provides recreational     
areas for residents2 or  7bb7 helps to  
enhance the beauty or environmental     
quality of an eligible project described
 in paragraph 7#b77;,c74  7ii7          
,inclusions ,the term open space        
includes-- 7,i7 schoolyards2  7,,ii7    
playgrounds2  7,,iii7 public seating    
areas2 and  7,,iv7 public plazas4  7iii7
 ,exclusion ,the term open space does   

not include an area used for a          
commercial use4  7,g7 ,residential      
development  7i7 ,in general ,the term  
residential development means #a or more
 buildings1 structures1 or portions of a
 building or structure that are designed
 for human habitation and used as a     
primary residence4  7ii7 ,inclusions    
,the term residential development       
includes standard residential amenities 
7including driveways and parking        
structures7 that are related to an      
eligible project described in paragraph 
7#b77;,c74  7,h7 ,transit hub ,the term 
transit hub means a rail1 light rail1   
rapid transit1 or commuter rail station1
 ferry terminal1 or bus transfer        
station4  7,i7 ,utility ,the term       
utility means a common commodity or     
service 7including water1 sewage1 or    
electricity7 that is provided to the    
public by a public or private entity for
 safe and sanitary living               
accommodations1 including associated    
water storage infrastructure4  7#b7     

,nomination by ,state or unit of local  
government  7,a7 ,in general ,a ,state  
or unit of local government may nominate
 for consideration for conveyance by the
 ,secretary under subsection 7a77#c7 to 
the ,state or unit of local government  
#a 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 7,c7 to       
provide housing in the ,state or unit of
 local government-- 7i7 in accordance   
with a nomination process established by
 the ,secretary in regulations proposed 
not later than #ahj days after the date 
of enactment of this subsection and     
finalized not later than #a year after  
the date of enactment of this           
subsection2 and  7ii7 subject to        
subparagraph 7,b74  7,b7 ,nomination    
requirements ,to be eligible for        
consideration by the ,secretary1 a      
nomination submitted by a ,state or unit
 of local government under subparagraph 

7,a7-- 7i7 shall not include federally  
protected land2 and  7ii7 shall         
include-- 7,i7 a map provided by the    
,state or unit of local government of   
the #a or more tracts of public lands   
nominated2 and  7,,ii7 a proposal that  
describes the manner in which the #a or 
more tracts of public lands nominated   
would be used for an eligible project   
described in subparagraph 7,c7 to       
provide housing in the ,state or unit of
 local government4  7,c7 ,eligible      
projects ,an eligible project to provide
 housing referred to in subparagraphs   
7,a7 and 7,b77ii77,,ii7 is a project--  
7i7 for which not less than #he percent 
of the land for the project shall be    
used for residential development1 open  
space1 green space1 or allowable        
community amenities2  7ii7 that provides
 that the density of the land for the   
project dedicated to residential        
development under clause 7i7 shall be   
not less dense than #d residences per   
acre2  7iii7 that provides that no tract

 of land dedicated to residential       
development under clause 7i7 on which a 
single residence is located may exceed  
#a_/b acre2  7iv7 for which not more    
than #ae percent of the land for the    
project may be used for a commercial use
 project1 subject to the conditions     
that-- 7,i7 a mixed-use residential     
development property shall not be       
considered to be a commercial use       
project for purposes of this clause if  
at least #ej percent of the total floor 
space of the property is residential2   
and  7,,ii7 not more than #a_/c of the  
land identified under this clause may be
 used for a commercial use project to   
develop an industrial area2  7v7 that   
provides that the development of roads1 
communications infrastructure1 transit  
hubs1 and utilities and the distribution
 of utilities to serve the residences to
 be developed on the land for the       
project shall not-- 7,i7 be inhibited2  
or  7,,ii7 contribute to the            
apportionment of residential or         

commercial developments2 and  7vi7 that 
provides that-- 7,i7 a utility facility 
on the land may generate enough power1  
collect enough sewage1 treat enough     
water1 or provide other commodities or  
services sufficient to meet the needs of
 the residences developed on the land2  
and  7,,ii7 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 land1 the
 facility shall be-- 7aa7 classified as 
an industrial area2 and  7bb7 subject to
 the limitation under clause 7iv77,,ii74
  7,d7 ,modification of proposal ,a     
proposal for an eligible project under  
subparagraph 7,b77ii77,,ii7 may be      
subsequently modified if1 after         
modification1 the eligible project would
 still comply with the requirements of  
subparagraph 7,c71 as determined by the 
,secretary4  7#c7 ,requirements for     
review ,in reviewing under subsection   
7a77#c7 whether to approve or disapprove
 the conveyance to the ,state or unit of

 local government of a tract of public  
lands nominated under paragraph 7#b71   
the ,secretary-- 7,a7 shall prioritize  
the use of the tract to address housing 
shortages over any other potential use  
of the tract 7other than protecting     
prior existing rights72  7,b7 shall not 
take into account whether the housing   
shortage could be addressed prudently or
 feasibly on land other than the        
nominated tract2 and  7,c7 shall-- 7i7  
in the case of a tract of public lands  
that is designated as eligible for      
disposal under any other applicable law1
 consider the conveyance of the tract of
 public lands to be approved for        
conveyance under this subsection2 and   
7ii7 in the case of a conveyance of a   
tract of not more than #fdj acres of    
public lands that is not described in   
clause 7i7-- 7,i7 complete the review   
process and issue a determination with  
respect to the approval or disapproval  
of the conveyance of the tract-- 7aa7 by
 not later than #a year after the date  

on which the tract was nominated under  
paragraph 7#b72 and  7bb7 that includes1
 in the case of disapproval1 an         
explanation of any reasons for the      
disapproval2 or  7,,ii7 if the          
,secretary fails to complete the review 
process and issue a determination by the
 deadline established under subclause   
7,i77aa71 consider the conveyance       
approved4  7#d7 ,sale price             
,notwithstanding subsections 7d71 7f71  
and 7g7 and subject to paragraphs 7#e7  
and 7#f71 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 7#c77;,c7 in exchange for an  
amount equal to the quotient obtained by
 dividing-- 7,a7 the amount equal to the
 product obtained by multiplying-- 7i7  
the amount of the estimated fair market 
value of the tract1 as determined by the
 ,secretary2 and  7ii7 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 #fi of title #ca1 ,united       
,states ,code2 by  7,b7 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 7,a77i74  
7#e7 ,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 government4  7#f7        
,compliance with proposal  7,a7 ,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      
ordinances1 statutes1 or regulations1 as
 applicable1 that are necessary to      
ensure compliance by the ,state or unit 
of local government with the applicable 
proposal submitted under paragraph      
7#b77;,b77ii77,,ii74  7,b7 ,prohibition 
of certain funding  7i7 ,in general     
,notwithstanding any other provision of 
law1 if1 during the #ae-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 subsection1 the   
,secretary determines that the ,state or
 unit of local government is not in     
compliance with the applicable proposal 
submitted under paragraph               
7#b77;,b77ii77,,ii7 or a modified       
proposal under paragraph 7#b77;,d71 as  
applicable1 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 7ii7   

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     
proposal4  7ii7 ,description of programs
 ,the programs referred to in clause 7i7
 are the following3 7,i7 ,any program   
carried out by the ,economic            
,development ,administration4  7,,ii7   
,the community development block grant  
program under title ,i of the ,housing  
and ,community ,development ,act of     
#aigd 7#db ,u4,s4,c4 #ecja et seq474    
7,,iii7 ,the community services block   
grant program carried out under the     
,community ,services ,block ,grant ,act 
7#db ,u4,s4,c4 #iija et seq474  7#g7    
,disposition of proceeds  7,a7 ,in      
general ,subject to subparagraph 7,b71  
the gross proceeds of a sale of a tract 
of public lands under this subsection   
shall be-- 7i7 deposited in the         
,treasury2 and  7ii7 available to the   
,secretary1 subject to appropriations1  
for-- 7,i7 capital improvements in units

 of the ,national ,park ,system2  7,,ii7
 the development and implementation of  
comprehensive1 cost-effective1 and      
multijurisdictional hazardous fuels     
reduction and wildfire prevention plans 
to be carried out2  7,,iii7 the         
development of public water             
infrastructure on ,federal land2 and    
7,,iv7 the restoration or preservation  
of a critical habitat4  7,b7            
,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        
subsection1 before applying the         
requirements of subparagraph 7,a7 to the
 disposition of the gross proceeds of   
the sale1 the provision of the          
applicable ,state enabling ,act shall   
apply4  4