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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1296 Engrossed in House (EH)]

  1st Session

                               H. R. 1296

_______________________________________________________________________

                                 AN ACT

  To provide for the administration of certain Presidio properties at 
                 minimal cost to the Federal taxpayer.

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                H. R. 1296

_______________________________________________________________________

                                 AN ACT

 
  To provide for the administration of certain Presidio properties at 
                 minimal cost to the Federal taxpayer.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds that--
            (1) the Presidio, located amidst the incomparable scenic 
        splendor of the Golden Gate, is one of America's great natural 
        and historic sites;
            (2) the Presidio is the oldest continuously operated 
        military post in the Nation dating from 1776, and was 
        designated a National Historic Landmark in 1962;
            (3) preservation of the cultural and historic integrity of 
        the Presidio for public use recognizes its significant role in 
        the history of the United States;
            (4) the Presidio, in its entirety, is located within the 
        boundary of the Golden Gate National Recreation Area, in 
        accordance with Public Law 92-589;
            (5) the Presidio's significant natural, historic, scenic, 
        cultural, and recreational resources must be managed in a 
        manner which is consistent with sound principles of land use 
        planning and management, and which protects the Presidio from 
        development and uses which would destroy the scenic beauty and 
        historic and natural character of the area; and
            (6) the Presidio can best be managed through an innovative 
        public/private partnership that minimizes cost to the United 
        States Treasury and makes efficient use of private sector 
        resources that could be utilized in the public interest.

SEC. 2. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF THE INTERIOR.

    (a) Interim Authority.--The Secretary of the Interior (hereinafter 
in this Act referred to as the ``Secretary'') is authorized to manage 
leases in existence on the date of this Act for properties under the 
Administrative jurisdiction of the Secretary and located at the 
Presidio. Upon the expiration of any such lease, the Secretary may 
extend the lease for a period terminating 6 months after the first 
meeting of the Presidio Trust at which a quorum is present. After the 
date of the enactment of this Act, the Secretary may not enter into any 
new leases for property at the Presidio to be transferred to the 
Presidio Trust under this Act. Notwithstanding section 1341 of title 31 
of the United States Code, the proceeds from any such lease shall be 
retained by the Secretary and such proceeds shall be available, without 
further appropriation, for the preservation, restoration, operation and 
maintenance, improvement, repair and related expenses incurred with 
respect to Presidio properties. For purposes of any such lease, the 
Secretary may adjust the rental by taking into account any amounts to 
be expended by the lessee for preservation, maintenance, restoration, 
improvement, repair and related expenses with respect to properties 
within the Presidio.
    (b) Public Information and Interpretation.--The Secretary shall be 
responsible, in cooperation with the Presidio Trust, for providing 
public interpretative services, visitor orientation and educational 
programs on all lands within the Presidio.
    (c) Other.--Those lands and facilities within the Presidio that are 
not transferred to the administrative jurisdiction of the Presidio 
Trust shall continue to be managed by the Secretary. The Secretary and 
the Presidio Trust shall cooperate to ensure adequate public access to 
all portions of the Presidio.
    (d) Park Service Employees.--Notwithstanding any other provision of 
law, the Trust shall have sole discretion over whether to employ 
persons previously employed by the National Park Service in the 
Department of the Interior. Career employees of the National Park 
Service, employed at the Presidio as of the time of the transfer of 
lands and facilities to the Presidio Trust, shall not be separated from 
the Service by reason of such transfer.

SEC. 3. THE PRESIDIO TRUST.

    (a) Establishment.--There is established a wholly owned government 
corporation to be known as the Presidio Trust (hereinafter in this Act 
referred to as the ``Trust'').
    (b) Transfer.--(1) Within 60 days after receipt of a request from 
the Trust for the transfer of any parcel within the area depicted as 
area B on the map entitled ``Presidio Trust Number 1,'' dated June 
1995, the Secretary shall transfer such parcel to the administrative 
jurisdiction of the Trust. Within one year after the first meeting of 
the Board of Directors of the Trust at which a quorum is present, the 
Board shall request the Secretary to transfer any remaining parcels 
within such area B. Such map shall be on file and available for public 
inspection in the offices of the Trust and in the offices of the 
National Park Service, Department of the Interior. The Trust and the 
Secretary may jointly make technical and clerical revisions in the 
boundary depicted on such map. Such areas shall remain within the 
boundary of the Golden Gate National Recreation Area. The Secretary 
shall retain those portions of the building identified as number 103 as 
the Secretary deems essential for use as a visitor center. The building 
shall be named the ``William Penn Mott Visitor Center''. With the 
consent of the Secretary, the Trust may at any time transfer to the 
administrative jurisdiction of the Secretary any other properties 
within the Presidio which are surplus to the needs of the Trust and 
which serve essential purposes of the Golden Gate National Recreation 
Area. The Trust is encouraged to transfer to the administrative 
jurisdiction of the Secretary open space areas which have a high public 
use potential and are contiguous to other lands administered by the 
Secretary.
    (2) The Secretary shall transfer, with the transfer of 
administrative jurisdiction over any property, all leases, concessions, 
licenses, permits, and other agreements relating to such property. Upon 
the transfer of such property the Secretary shall transfer the 
unobligated balance of all funds appropriated to the Secretary for the 
operation of the Presidio, together with any revenues and unobligated 
funds associated with leases, concessions, licenses, permits, and 
agreements relating to properties transferred to the Trust.
    (c) Board of Directors.--
            (1) In general.--The powers and management of the Trust 
        shall be vested in a Board of Directors (hereinafter referred 
        to as the ``Board'') consisting of the following 7 members:
                    (A) The Secretary of the Interior or the 
                Secretary's designee.
                    (B) Six individuals, who are not employees of the 
                Federal Government, appointed by the President, who 
                shall possess extensive knowledge and experience in one 
                or more of the fields of city planning, finance, real 
                estate, and resource conservation. At least 3 of these 
                individuals shall reside in the city and county of San 
                Francisco. The President shall make the appointments 
                referred to in this subparagraph within 90 days after 
                the enactment of this Act.
            (2) Terms.--Members of the Board appointed under paragraph 
        (1)(B) shall each serve for a term of 4 years, except that of 
        the members first appointed, 3 shall serve for a term of 2 
        years. Any vacancy in the Board shall be filled in the same 
        manner in which the original appointment was made, and any 
        member appointed to fill a vacancy shall serve for the 
        remainder of the term for which his or her predecessor was 
        appointed. No appointed director may serve more than 8 years in 
        consecutive terms. No member of the Board of Directors may have 
        a development or financial interest in any tenant or property 
        of the Presidio.
            (3) Quorum.--Four members of the Board shall constitute a 
        quorum for the conduct of business by the Board.
            (4) Organization and compensation.--The Board shall 
        organize itself in such a manner as it deems most appropriate 
        to effectively carry out the authorized activities of the 
        Trust. Board members shall serve without pay, but may be 
        reimbursed for the actual and necessary travel and subsistence 
        expenses incurred by them in the performance of the duties of 
        the Trust.
            (5) Liability of directors.--Members of the Board of 
        Directors shall not be considered Federal employees by virtue 
        of their membership on the Board, except for purposes of the 
        Federal Tort Claims Act and the Ethics in Government Act.
            (6) Public liaison.--The Board shall meet at least 3 times 
        per year in San Francisco and at least one meeting shall be 
        open to the public. The Board shall establish procedures for 
        providing public information and opportunities for public 
        comment regarding policy, planning, and design issues through 
        the Golden Gate National Recreation Area Advisory Commission.
    (d) Duties and Authorities.--In accordance with the purposes set 
forth in this Act and in section 1 of the Act entitled ``An Act to 
establish the Golden Gate National Recreation Area in the State of 
California, and for other purposes'', approved October 27, 1972 (Public 
Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb), and in accordance with the 
general objectives of the general management plan approved for the 
Presidio, the Trust shall manage the leasing, maintenance, 
rehabilitation, repair and improvement of property within the Presidio 
which is under its administrative jurisdiction. The Trust may 
participate in the development of programs and activities at the 
properties that have been transferred to the Trust. In exercising its 
powers and duties, the Trust shall have the following authorities:
            (1) The Trust is authorized to manage, lease, maintain, 
        rehabilitate and improve, either directly or by agreement, 
        those properties within the Presidio which are transferred to 
        the Trust by the Secretary.
            (2)(A) The Trust is authorized to negotiate and enter into 
        such agreements, leases, contracts and other arrangements with 
        any person, firm, association, organization, corporation or 
        governmental entity, including without limitation entities of 
        Federal, State and local governments (except any agreement to 
        convey fee title to any property located at the Presidio) as 
        are necessary and appropriate to finance and carry out its 
        authorized activities. Agreements under this paragraph may be 
        entered into without regard to section 321 of the Act of June 
        30, 1932 (40 U.S.C. 303b).
            (B) Except as provided in subparagraphs (C), (D), and (E), 
        Federal laws and regulations governing procurement by Federal 
        agencies shall apply to the Trust.
            (C) In exercising authority under section 303(g) of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 253(g)) relating to simplified purchase procedures, the 
        Trust is authorized, to use as the dollar limit of each 
        purchase or contract under this subsection an amount which does 
        not exceed $500,000.
            (D) In carrying out the requirement of section 18 of the 
        Office of Federal Procurement Policy Act (41 U.S.C 416), the 
        Trust is authorized to furnish the Secretary of Commerce for 
        publication notices of proposed procurement actions, to use as 
        the applicable dollar threshold for each expected procurement 
        an amount which does not exceed $1,000,000.
            (E) The Trust shall establish procedures for lease 
        agreements and other agreements for use and occupancy of 
        Presidio facilities, including a requirement that in entering 
        into such agreements the Trust shall obtain reasonable 
        competition.
            (F) The Trust shall develop a comprehensive program for 
        management of those lands and facilities within the Presidio 
        which are transferred to the Trust. Such program shall be 
        designed to reduce costs to the maximum extent possible. In 
        carrying out this program, the Trust shall be treated as a 
        successor in interest to the National Park Service with respect 
        to compliance with the National Environmental Policy Act and 
        other environmental compliance statutes. Such program shall 
        consist of--
                    (i) demolition of all structures which cannot be 
                cost-effectively rehabilitated and are not of the 
                highest degree of historical significance,
                    (ii) new construction which would be limited to 
                replacement of existing structures of similar size in 
                existing areas of development, and
                    (iii) examination of a full range of reasonable 
                options for carrying out routine administrative and 
                facility management programs.
        The Trust shall consult with the Secretary in the preparation 
        of this program.
            (3) The Trust is authorized to appoint and fix the 
        compensation and duties of an executive director and such other 
        officers and employees as it deems necessary without regard to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and may pay them 
        without regard to the provisions of chapter 51, and subchapter 
        III of chapter 53, title 5, United States Code (relating to 
        classification and General Schedule pay rates).
            (4) To augment or encourage the use of non-Federal funds to 
        finance capital improvements on Presidio properties transferred 
        to its jurisdiction, the Trust, in addition to its other 
        authorities, shall have the following authorities:
                    (A) The authority to guarantee any lender against 
                loss of principal or interest on any loan, provided 
                that (i) the terms of the guarantee are approved by the 
                Secretary of the Treasury, (ii) adequate guarantee 
                authority is provided in appropriations Acts, and (iii) 
                such guarantees are structured so as to minimize 
                potential cost to the Federal Government. No loan 
                guarantee under this Act shall cover more than 75 
                percent of the unpaid balance of the loan. The 
                Secretary of the Treasury shall collect a commercially 
                reasonable guarantee fee in connection with each loan 
                guaranteed under this Act. The authority to enter into 
                any such loan guarantee agreement shall expire at the 
                end of 12 years after the date of enactment of this 
                Act.
                    (B) The authority, subject to available 
                appropriations, to make loans to the occupants of 
                property managed by the Trust for the preservation, 
                restoration, maintenance, or repair of such property.
                    (C) The authority to issue obligations to the 
                Secretary of the Treasury, but only if the Secretary of 
                the Treasury agrees to purchase such obligations after 
                determining that the projects to be funded from the 
                proceeds thereof are credit worthy and that a repayment 
                schedule is established. The Secretary of the Treasury 
                is authorized to use as a public debt transaction the 
                proceeds from the sale of any securities issued under 
                chapter 31 of title 31, United States Code, and the 
                purposes for which securities may be issued under such 
                chapter are extended to include any purchase of such 
                notes or obligations acquired by the Secretary of the 
                Treasury under this subsection. The aggregate amount of 
                obligations issued under this subparagraph which are 
                outstanding at any one time may not exceed $50,000,000. 
                Obligations issued under this subparagraph shall be in 
                such forms and denominations, bearing such maturities, 
                and subject to such terms and conditions, as may be 
                prescribed by the Secretary of the Treasury, and shall 
                bear interest at a rate determined by the Secretary of 
                the Treasury, taking into consideration current market 
                yields on outstanding marketable obligations of the 
                United States of comparable maturities. No funds 
                appropriated to the Trust may be used for repayment of 
                principal or interest on, or redemption of, obligations 
                issued under this paragraph. All obligations purchased 
                under authority of this subparagraph must be authorized 
                in advance in appropriations Acts.
                    (D) The Trust shall be deemed to be a public agency 
                for the purpose of entering into joint exercise of 
                powers agreements pursuant to California government 
                code section 6500 and following.
            (5) The Trust may solicit and accept donations of funds, 
        property, supplies, or services from individuals, foundations, 
        corporations, and other private or public entities for the 
        purpose of carrying out its duties. The Trust shall maintain 
        philanthropic liaison with the Golden Gate National Park 
        Association, the fund raising association for the Golden Gate 
        National Recreation Area.
            (6) Notwithstanding section 1341 of title 31 of the United 
        States Code, all proceeds received by the Trust shall be 
        retained by the Trust, and such proceeds shall be available, 
        without further appropriation, for the preservation, 
        restoration, operation and maintenance, improvement, repair and 
        related expenses incurred with respect to Presidio properties 
        under its jurisdiction. Upon the request of the Trust, the 
        Secretary of the Treasury shall invest excess moneys of the 
        Trust in public debt securities with maturities suitable to the 
        needs of the Trust.
            (7) The Trust may sue and be sued in its own name to the 
        same extent as the Federal Government. Litigation arising out 
        of the activities of the Trust shall be conducted by the 
        Attorney General, as needed; except that the Trust may retain 
        private attorneys to provide advice and counsel, and to 
        represent the Trust in proceedings to enforce and defend the 
        contractual obligations of the Trust.
            (8) The Trust shall have all necessary and proper powers 
        for the exercise of the authorities invested in it.
            (9) For the purpose of compliance with applicable laws and 
        regulations concerning properties transferred to the Trust by 
        the Secretary, the Trust shall negotiate directly with 
        regulatory authorities.
    (e) Insurance.--The Trust shall procure insurance against any loss 
in connection with the properties managed by it or its authorized 
activities as is reasonable and customary.
    (f) Building Code Compliance.--The Trust shall bring all properties 
under its jurisdiction into compliance with Federal building codes and 
regulations appropriate to use and occupancy within 10 years after the 
enactment of this Act.
    (g) Taxes.--The Trust shall be exempt from all taxes and special 
assessments of every kind in the State of California, and its political 
subdivisions, including the city and county of San Francisco.
    (h) Financial Information and Report.--(1) The Trust shall be 
treated as a wholly owned Government corporation subject to chapter 91 
of title 31, United States Code (commonly referred to as the Government 
Corporation Control Act). Financial statements of the Trust shall be 
audited annually in accordance with section 9105 of title 31 of the 
United States Code.
    (2) At the end of each calendar year, the Trust shall submit to the 
Congress a comprehensive and detailed report of its operations, 
activities, and accomplishments for the prior fiscal year. The report 
also shall include a section that describes in general terms the 
Trust's goals for the current fiscal year.
    (i) Savings Clause.--Nothing in this section shall preclude the 
Secretary from exercising any of the Secretary's lawful powers within 
the Presidio.
    (j) Leasing.--In managing and leasing the properties transferred to 
it, the Trust should consider the extent to which prospective tenants 
maximize the contribution to the implementation of the General 
Management Plan for the Presidio and to the generation of revenues to 
offset costs of the Presidio. The Trust shall give priority to the 
following categories of tenants: tenants that enhance the financial 
viability of the Presidio thereby contributing to the preservation of 
the scenic beauty and natural character of the area; tenants that 
facilitate the cost-effective preservation of historic buildings 
through their reuse of such buildings, or tenants that promote through 
their activities the general programmatic content of the plan.
    (k) Reversion.--If the Trust reasonably determines by a two-thirds 
vote of its Board of Directors that it has materially failed to, or 
cannot, carry out the provisions of this Act, all lands and facilities 
administered by the Trust shall revert to the Secretary of Defense to 
be disposed of in accordance with section 2905(b) of the Defense 
Authorization Act of 1990 (104 Stat. 1809), except that--
            (1) the terms and conditions of all agreements and loans 
        regarding such lands and facilities entered into by the Trust 
        shall be binding on any successor in interest; and
            (2) the city of San Francisco shall have the first right of 
        refusal to accept all lands and facilities formerly 
        administered by the Trust.
    (l) Limitations on Funding.--(1) From amounts made available to the 
Secretary for the operation of areas within the Golden Gate National 
Recreation Area, not more than $25,000,000 shall be available to carry 
out this Act in each fiscal year after the enactment of this Act until 
the plan is submitted under paragraph (2). Such sums shall remain 
available until expended.
    (2) Within one year after establishment of the Trust, the Trust 
shall submit to Congress a plan which includes a schedule of annual 
decreasing Federally appropriated funding such as will achieve total 
self-sufficiency for the Trust within 12 complete fiscal years after 
establishment of the Trust. That plan shall provide for annual 
reductions in Federally appropriated funding such that the Trust will 
be 80 percent self-sufficient at the end of 7 complete fiscal years 
after establishment. The plan shall provide for elimination of all 
Federally appropriated funding for public safety and fire protection 
purposes on lands or facilities administered by the Trust at the end of 
5 complete fiscal years after establishment of the Trust. For each of 
the 11 fiscal years after fiscal year 1997, there are authorized to be 
appropriated to the Trust not more than the amounts specified in such 
plan. Such sums shall remain available until expended.
    (m) GAO Audit.--Ten years after the date of establishment of the 
Trust, the General Accounting Office shall conduct a complete audit of 
the activities of the Trust and shall report the results of that audit 
to the appropriate congressional committees. The General Accounting 
Office shall include in that audit an analysis of the ability of the 
Trust to initiate payments to the Treasury.
    (n) Separability of Provisions.--If any provisions of this Act or 
the application thereof to any body, agency, situation, or circumstance 
is held invalid, the remainder of the Act and the application of such 
provision to other bodies, agencies, situations, or circumstances shall 
not be affected thereby.

            Passed the House of Representatives September 19, 1995.

            Attest:

                                                                 Clerk.
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