IIA

103D CONGRESS

2D SESSION H. R. 3433

IN THE SENATE OF THE UNITED STATES

AUGUST 23 (legislative day, AUGUST 18), 1994

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

To provide for the management of portions of the Presidio

under the jurisdiction of the Secretary of the Interior.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 The Congress finds that—

5 (1) the Presidio of San Francisco, located

6 amidst the incomparable scenic splendor of the Gold7 en Gate, is one of America’s great natural and his8 toric sites;
2

•HR 3433 RFS

1 (2) the Presidio is the oldest continually operat2 ing military post in the Nation dating from 1776,

3 and was designated as a National Historic Land4 mark in 1962;

5 (3) preservation of the cultural and historic in6 tegrity of the Presidio for public use would give due

7 recognition to its significant role in the history of

8 the United States;

9 (4) the Presidio in its entirety will transfer to

10 the jurisdiction of the National Park Service on Sep11 tember 30, 1994, in accordance with Public Law

12 92–589;

13 (5) as part of the Golden Gate National Recre14 ation Area, the Presidio’s outstanding natural, his15 toric, scenic, cultural and recreational resources

16 must be managed in a manner which is consistent

17 with sound principles of land use planning and man18 agement, and which protect the Presidio from devel19 opment and uses which would destroy the scenic

20 beauty and natural character of the area;

21 (6) activities and management at the Presidio

22 must be consistent with both the Act establishing

23 the Golden Gate National Recreation Area (Public

24 Law 92–589) and the General Management Plan for
3

•HR 3433 RFS

1 the Golden Gate National Recreation Area, as

2 amended;

3 (7) the Presidio will be a global center dedi4 cated to addressing the world’s most critical environ5 mental, social, and cultural challenges and a working

6 laboratory at which models of environmental sustain7 ability shall be developed;

8 (8) the Presidio, as an urban park, will be man9 aged in a manner that is responsive to the concerns

10 of the public and cognizant of its impact on the local

11 community, and as a public resource, will reflect, in

12 both activities and management, of the diversity that

13 exists in the surrounding community; and

14 (9) the Presidio will be managed in an innova15 tive public/private partnership that minimizes cost to

16 the United States Treasury and makes efficient use

17 of private sector resources that could be utilized in

18 the public interest.

19 SEC. 2. AMENDMENT OF ACT ESTABLISHING GOLDEN GATE

20 NATIONAL RECREATION AREA.

21 (a) STATEMENT OF PURPOSES.—Section 1 of the Act

22 entitled ‘‘An Act to establish the Golden Gate National

23 Recreation Area in the State of California, and for other

24 purposes’’, approved October 27, 1972 (Public Law 92–

25 589; 86 Stat. 1299; 16 U.S.C. 460bb), is amended by in-
4

•HR 3433 RFS

1 serting the following after the second sentence: ‘‘In addi2 tion, the Secretary may utilize the resources of the Pre3 sidio of San Francisco to provide for and support pro4 grams and activities that foster research, education or

5 demonstration projects, and relate to the environment, en6 ergy, transportation, international affairs, arts and cul7 tural understanding, health and science.’’.

8 (b) ADMINISTRATION.—Section 4 of such Act is

9 amended by adding the following new subsection at the

10 end thereof:

11 ‘‘(g) INTERIM AUTHORITY.—(1) In addition to other

12 available authorities, the Secretary may, in his discretion,

13 negotiate and enter into leases, as appropriate, with any

14 person, firm, association, organization, corporation or gov15 ernmental entity for the use of any property within the

16 Presidio in accordance with the General Management Plan

17 and any of the purposes set forth in section 1 of this Act.

18 ‘‘(2) In addition to other available authorities, the

19 Secretary may, in his discretion, enter into—

20 ‘‘(A) interagency permitting agreements or

21 other appropriate agreements with the Secretary of

22 Defense and the Director of the Federal Emergency

23 Management Agency, and

24 ‘‘(B) leases with the American Red Cross, to

25 house their activities and employees at the Presidio.
5

•HR 3433 RFS

1 ‘‘(3) Any leases or other appropriate agreements en2 tered into under this subsection shall be subject to such

3 procedures, terms, conditions and restrictions as the Sec4 retary deems necessary. The Secretary is authorized to ne5 gotiate and enter into leases or other agreements, at fair

6 market value and without regard to section 321 of chapter

7 314 of the Act of June 30, 1932 (40 U.S.C. 303b), fair

8 market value shall take into account the uses permitted

9 by the General Management Plan and this Act. The pre10 ceding sentence shall not apply to any interagency permit11 ting agreement entered into between the Secretary and the

12 Secretary of Defense regarding the housing of activities

13 and employees of the Sixth United States Army. For pur14 poses of any such lease or other agreements, the Secretary

15 may adjust the rental by taking into account any amounts

16 to be expended by the lessee for preservation, mainte17 nance, restoration, improvement, repair and related ex18 penses with respect to the leased properties.

19 ‘‘(4) The proceeds from leases under this subsection,

20 and from concession and other use authorizations and

21 from other services that may be provided by the recreation

22 area under this subsection shall be retained by the Sec23 retary for 5 years after the date of enactment of this para24 graph or until the leased property is transferred to the

25 Presidio Trust and shall be available without further ap-
6

•HR 3433 RFS

1 propriation and used to offset the costs of preservation,

2 restoration, maintenance, improvement, repair and related

3 expenses including administration of the above, incurred

4 by the Secretary with respect to Presidio properties, with

5 the balance used to offset other costs incurred by the Sec6 retary in the administration of the Presidio.

7 ‘‘(5) Each lessee of a lease entered into under this

8 subsection shall keep such records as the Secretary may

9 prescribe to enable the Secretary to determine that all

10 terms of the lease have been and are being faithfully per11 formed. The Secretary and the Comptroller General and

12 their duly authorized representatives shall, for the purpose

13 of audit and examination, have access to financial records

14 pertinent to the lease and all the terms and conditions

15 thereof.

16 ‘‘(6) The Secretary shall annually prepare and submit

17 to Congress a report on property leased under this sub18 section.

19 ‘‘(7) In addition to other available authorities, the

20 Secretary may, in his discretion, enter into cooperative

21 agreements and permits for any of the purposes of the

22 recreation area set out in section 1 of this Act.’’.

23 SEC. 3. THE PRESIDIO TRUST.

24 (a) ESTABLISHMENT.—There is established within

25 the Department of the Interior a non-profit public benefit
7

•HR 3433 RFS

1 government corporation to be known as the Presidio Trust

2 (hereinafter in this Act referred to as the ‘‘Trust’’). The

3 Trust shall manage, in accordance with the purposes set

4 forth in section 1 of the Act entitled ‘‘An Act to establish

5 the Golden Gate National Recreation Area in the State

6 of California, and for other purposes’’, approved October

7 27, 1972 (Public Law 92–589; 86 Stat. 1299; 16 U.S.C.

8 460bb), and with this Act, the leasing, maintenance, reha9 bilitation, repair and improvement of property within the

10 Presidio which is transferred to the Trust by the Secretary

11 of the Interior (hereinafter in this Act referred to as the

12 ‘‘Secretary’’). The Trust may participate in the develop13 ment of programs and activities at the properties that

14 have been transferred to the Trust.

15 (b) TRANSFER.—Except as provided in this sub16 section, the Secretary shall transfer to the Trust, under

17 such terms and conditions as the Secretary deems appro18 priate, a leasehold in the following properties within the

19 Presidio under the control of the Secretary: the

20 Letterman-LAIR complex, Fort Scott, Main Post, Cavalry

21 Stables, Presidio Hill, Wherry Housing, East Housing, the

22 structures at Crissy Field, and such other properties,

23 within the Presidio as the Secretary and the Trust deems

24 appropriate. Any such property shall be transferred within

25 60 days after a request is made by the Trust. The lease-
8

•HR 3433 RFS

1 hold shall be of sufficient term to enable the Trust to ob2 tain necessary and beneficial financing arrangements and

3 to carry out the purposes of this Act. The Secretary may

4 withhold transfer to the Trust of any buildings necessary

5 to house or support activities of the National Park Service.

6 The Secretary may not transfer to the Trust any property

7 irrevocably permitted to the Department of the Army. The

8 Secretary shall transfer, with any transferred property, all

9 leases, concessions, licenses and other agreements affect10 ing such transferred property. The Secretary may transfer

11 any properties within the Presidio to the Trust not re12 quested by the Trust subject to terms and conditions mu13 tually agreed to by the Secretary and the Trust. All pro14 ceeds received by the Presidio Trust from the leasing of

15 properties managed by the Trust within the Presidio shall

16 be retained by the Trust without further appropriation

17 and used to offset the costs of administration, preserva18 tion, restoration, operation, maintenance, repair, and re19 lated expenses incurred by the Trust with respect to such

20 properties.

21 (c) BOARD OF DIRECTORS.—(1) The powers and

22 management of the Trust shall be vested in a Board of

23 Directors consisting of 13 members, as follows:

24 (A) The Director of the National Park Service.

25 (B) Secretary of the Army.
9

•HR 3433 RFS

1 (C) Administrator of the Environmental Protec2 tion Agency.

3 (D) Ten individuals, who are not employees of

4 the Federal Government, appointed by the Secretary

5 within 6 months after the date of the enactment of

6 this Act, 6 of whom shall have knowledge and expe7 rience in one or more of the fields of the environ8 ment, energy, transportation, international affairs,

9 health, science, education, or any other such field re10 lated to the activities at the Presidio; 4 of whom

11 shall have knowledge and experience in one or more

12 of the fields of city planning, finance, real estate,

13 labor or historic preservation. With respect to the 10

14 individuals, 5 shall meet the additional requirement

15 of possessing extensive knowledge of the region in

16 which the Presidio is located.

17 Each member of the Board of Directors specified in sub18 paragraphs (A) through (C) paragraph (1) may designate

19 (through written notice to the Secretary and Chairman of

20 the Board) an alternative senior official (classified as Sen21 ior Executive Service) of his or her department or agency

22 who may serve on the Board in his or her stead. The Sec23 retary of the Army shall serve on the Board until such

24 time as the Sixth Army Headquarters ceases to maintain

25 a presence at the Presidio. In such an event, the Secretary
10

•HR 3433 RFS

1 of Energy shall replace the Secretary of the Army on the

2 Board.

3 (d) TERMS OF BOARD MEMBERS.—Each member of

4 the Board of Directors appointed under subparagraph (D)

5 of subsection (c)(1) shall serve for a term of 5 years from

6 the expiration of his or her predecessor’s term; except that

7 the Secretary, in making the initial appointments to the

8 Board under subparagraph (D), shall appoint 3 Directors

9 to a term of 2 years and 3 Directors to a term of 3 years.

10 Any vacancy on the Board of Directors shall be filled in

11 the same manner in which the original appointment was

12 made, and any member appointed to fill a vacancy shall

13 serve for the remainder of the term for which his or her

14 predecessor was appointed. Each member shall continue

15 to serve after the expiration of his or her term until his

16 or her successor is appointed. No appointed director may

17 serve more than 10 years in consecutive terms.

18 (e) ORGANIZATION AND COMPENSATION.—(1) The

19 Board of Directors shall elect at the initial meeting a

20 Chairman and a Vice Chairman from among the members

21 of the Board of Directors. The Director of the National

22 Park Service shall serve as Chairman until such time as

23 the Board holds such election.

24 (2) The Board of Directors may establish an Execu25 tive Committee within the Board and other such commit-
11

•HR 3433 RFS

1 tees within the Board as it deems appropriate, and dele2 gate such powers to such committees as the Board deter3 mines appropriate to carry out its functions and duties.

4 Any such committees established by the Board may meet

5 and take action on behalf of the Board between meetings

6 to the extent the Board delegates such authority. Delega7 tions to such committees shall not relieve the Board of

8 full responsibility for the carrying out of its functions and

9 duties, and shall be revocable by the Board in its exclusive

10 judgment.

11 (3) Members of the Board of Directors shall serve

12 without pay, but may be reimbursed for the actual and

13 necessary traveling and subsistence expenses incurred by

14 them in the performance of the duties of the Trust.

15 (4) The Board of Directors shall meet at the call of

16 the Chairman, who shall require it to meet not less often

17 than once every 6 months. A majority of the members of

18 the Board of Directors (or their designated alternates)

19 shall constitute a quorum. The Board shall hold at least

20 one public meeting per year at the Presidio at which time

21 the Board shall report on its operations, accomplishments

22 and goals for the upcoming year.

23 (5) Members of the Board of Directors shall not be

24 considered Federal employees by virtue of their member-
12

•HR 3433 RFS

1 ship on the Board, except for purposes of the Federal Tort

2 Claims Act and other statutes defining legal liability.

3 (f) STAFF.—The Board of Directors shall have the

4 power to appoint and fix the compensation and duties of

5 an Executive Director and such other officers and employ6 ees of the Trust as may be necessary for the efficient ad7 ministration of the Trust. Officers and employees of the

8 Trust may be appointed and compensated without regard

9 to the provisions of title 5, United States Code, governing

10 appointments in the competitive service, and may be paid

11 without regard to the provisions of chapter 51, and sub12 chapter III of chapter 53, title 5, United States Code (re13 lating to classification and General Schedule pay rates),

14 except that no such officer or employee may receive a sal15 ary which exceeds the salary payable to officers or employ16 ees of the United States classified a level IV of the Execu17 tive Schedule.

18 (g) EXPERTS AND CONSULTANTS.—The Board of Di19 rectors is authorized to procure the services of experts or

20 consultants, or organizations, including but not limited to

21 urban planners, architects, engineers, and appraisers.

22 (h) AUTHORITIES.—In exercising its powers and du23 ties, the Trust shall act in accordance with both the ap24 proved General Management Plan, as amended (herein25 after in this Act referred to as the ‘‘Plan’’) and the Act
13

•HR 3433 RFS

1 entitled ‘‘An Act to establish the Golden Gate National

2 Recreation Area in the State of California, and for other

3 purposes’’, approved October 27, 1972 (Public Law 92–

4 589: 86 Stat. 1299; 16 U.S.C. 460bb), and have the fol5 lowing authorities:

6 (1) The Trust shall manage, maintain, improve

7 and repair those properties within the Presidio

8 which are transferred to the Trust by the Secretary.

9 (2) The Trust shall publish and disseminate in10 formation and make known to potential occupants,

11 by advertisement, solicitation, or other means, the

12 availability of the property within the Presidio which

13 the Trust manages.

14 (3) The Trust may prepare or cause to be pre15 pared plans, specifications, designs, and estimates of

16 costs for the rehabilitation, improvement, alteration,

17 or repair of any property managed by the Trust, and

18 from time to time may modify such plans, specifica19 tions, designs, or estimates.

20 (4)(A) The Trust may negotiate and enter into

21 agreements, including contracts, leases, and coopera22 tive agreements, with any person including any gov23 ernmental entity) for the occupancy of any property

24 within the Presidio which the Trust manages.
14

•HR 3433 RFS

1 (B) Agreements under this paragraph shall be

2 subject to procedures established by the Secretary

3 under paragraph (5).

4 (C) Agreements under this paragraph may be

5 entered into without regard to section 321 of the Act

6 of June 30, 1932 (40 U.S.C. 303b).

7 (5) The Secretary shall establish procedures for

8 agreements under paragraph (4), including a re9 quirement that in entering into such agreements the

10 Trust shall obtain such competition as is practicable

11 in the circumstances.

12 (6) The Trust shall establish (through ease13 ments, covenants, regulations, agreements, or other14 wise) such restrictions, standards, and requirements

15 as are necessary to assure the maintenance, protec16 tion, and aesthetic character of the property man17 aged by the Trust.

18 (7) The Trust may make commercially reason19 able loans to the occupants of property managed by

20 the Trust for the preservation, restoration, mainte21 nance, or repair of such property.

22 (8) The Trust may provide technical assistance

23 to the occupants of property managed by the Trust,

24 to assist such occupants in making repairs or im-
15

•HR 3433 RFS

1 provements to the property or applying for loans

2 under paragraph (7) of this section.

3 (9) The Trust and the Secretary may solicit

4 and the Trust may accept donations of funds, prop5 erty, supplies, or services from individuals, founda6 tions, corporations, and other private entities, and

7 from public entities, for the purpose of carrying out

8 its duties.

9 (10) The Trust may retain any revenues from

10 leases or other agreements concerning property man11 aged by the Trust, including preexisting leases or

12 agreements and any donations, and use the proceeds

13 without further appropriation to offset any costs for

14 any function of the Trust authorized by this Act, ex15 cept for those moneys transferred to the Secretary

16 as stipulated in paragraph (11).

17 (11) The Secretary and the Trust shall agree

18 on an amount of revenues received by the Trust to

19 be transferred to the Secretary, to be applied by the

20 Secretary, without further appropriation or offset to

21 appropriation, for common operating and mainte22 nance expenses at the Presidio.

23 (12)(A) The Trust may not (directly or indi24 rectly) borrow funds from any source other than the
16

•HR 3433 RFS

1 Secretary of the Treasury as provided in this para2 graph.

3 (B) Except as provided in subparagraph (F), if

4 at any time the funds available to the Trust are in5 sufficient to enable the Trust to discharge its re6 sponsibilities under this Act, the Trust may issue

7 obligations to the Secretary of the Treasury, but

8 only if the Secretary of the Treasury agrees to pur9 chase such obligations after determining that the

10 projects to be funded from the proceeds thereof are

11 credit worthy.

12 (C) The aggregate amount of obligations issued

13 under this paragraph which are outstanding at any

14 one time may not exceed $150,000,000.

15 (D) Obligations issued under this paragraph—

16 (i) shall be in such forms and denomina17 tions, bearing such maturities, and subject to

18 such terms and conditions, as may be pre19 scribed by the Secretary of the Treasury, and

20 (ii) shall bear interest at a rate determined

21 by the Secretary of the Treasury, taking into

22 consideration current market yields on out23 standing marketable obligations of the United

24 States of comparable maturities.
17

•HR 3433 RFS

1 (E) No funds appropriated to the Trust may be

2 used for repayment of principal or interest on, or re3 demption of, obligations issued under this para4 graph.

5 (F) The Secretary of the Treasury may pur6 chase obligations issued under this paragraph only

7 to the extent provided in advance in appropriation

8 Acts.

9 (13) Upon the request of the Trust, the Sec10 retary of the Treasury shall invest excess moneys of

11 the Trust in public debt securities with maturities

12 suitable to the needs of the Trust, as determined by

13 the Trust, and bearing interest at rates determined

14 by the Secretary of the Treasury, taking into consid15 eration current market yields on outstanding mar16 ketable obligations of the United States of com17 parable maturity.

18 (14) The Trust may enter into and perform

19 such contracts and other transactions with any per20 son, firm, association, organization, corporation or

21 governmental entity as may be necessary or appro22 priate to the conduct of activities authorized under

23 this Act.

24 (15) The Trust may execute all instruments

25 necessary or appropriate in the exercise of any of its
18

•HR 3433 RFS

1 functions under this Act, and may delegate to the

2 Executive Director such of its powers and respon3 sibilities as it deems appropriate and useful for the

4 administration of the Trust.

5 (16) The Trust may obtain by purchase, rental,

6 donation, or otherwise, such goods and services as

7 may be needed to carry out its duties. In the event

8 of the termination of the Trust, all property and un9 expended funds shall be transferred to the Depart10 ment of the Interior, except that such funds shall

11 only be expended for the purposes of this Act.

12 (17) The Trust shall procure insurance against

13 any loss in connection with the properties managed

14 by it as is reasonable and customary; and shall pro15 cure such additional insurance for losses arising out

16 of any of its authorized activities as is reasonable

17 and customary.

18 (18) The Trust may sue and be sued in its

19 name. All litigation arising out of the activities of

20 the Trust shall be conducted by the Attorney Gen21 eral; the Trust may retain private attorneys to pro22 vide advice and counsel on transactional issues.

23 (19) The Trust may adopt, amend, and repeal

24 bylaws, rules, and regulations governing the manner
19

•HR 3433 RFS

1 in which its business may be conducted and the pow2 ers vested in it may be exercised.

3 (20) The Trust shall have perpetual succession.

4 (21) The Trust shall have an official seal se5 lected by the Board which shall be judicially noticed.

6 (22) The Trust shall have all necessary and

7 proper powers for the exercise of the authorities in8 vested in it.

9 (23) For purposes of complying with section

10 106 of the National Historic Preservation Act, the

11 Trust may work directly with the National Park

12 Service, the State Historic Preservation Office, and

13 the Advisory Council on Historic Preservation and

14 enter into programmatic agreements, where appro15 priate.

16 (i) USE OF FEDERAL PERSONNEL, FACILITIES, AND

17 SERVICES.—The Secretary and the heads of other Federal

18 departments and agencies may provide personnel, facili19 ties, and other administrative services to the Trust to as20 sist it in carrying out its duties under this Act. Further21 more, the Secretary and the heads of other Federal de22 partments and agencies may loan or transfer to the Trust

23 excess or surplus personal property deemed necessary for

24 the management of the Presidio.
20

•HR 3433 RFS

1 (j) TAXES.—Since the exercise of the powers granted

2 by this section will be in all respects for the benefit of

3 the people, the Trust is hereby declared to be devoted to

4 an essential public and governmental function and purpose

5 and shall be exempt from all taxes and special assessments

6 of every kind of the State of California, and its political

7 subdivisions, including the City and County of San Fran8 cisco.

9 (k) VOLUNTEERS.—The Secretary may accept, with10 out regard to the Civil Service classification laws, rules,

11 or regulations, the services of the Trust, the Board, and

12 the officers, and employees and consultants of the Board,

13 without compensation from the Department of the Inte14 rior, as volunteers in the performance of the functions au15 thorized herein, in the manner provided for under the Vol16 unteers in the Parks Act of 1969 (16 U.S.C. 18g et seq.).

17 (l) SAVINGS CLAUSE.—Nothing in this section shall

18 preclude the Secretary from exercising any of his or her

19 lawful powers within the Presidio.

20 (m) AFFIRMATIVE ACTION.—The Trust shall ensure

21 that affirmative steps are taken, consistent with other

22 Federal law, to afford equal access and equal opportuni23 ties for leases, concessions, contracts, subcontracts, and

24 other contracting and employment opportunities to mi25 norities, women, and other socially and economically dis-
21

•HR 3433 RFS

1 advantaged individuals, commensurate with local availabil2 ity.

3 (n) FINANCIAL RECORDS.—The financial records of

4 the Trust shall be available for inspection by the Sec5 retary, the Inspector General of the Department of the

6 Interior, and the Comptroller General at any time and

7 shall be audited by a reputable firm of certified public ac8 countants not less frequently than once each year. Such

9 audit shall be made available to the Secretary and the

10 Congress. The Trust shall be subject to the provisions of

11 the Government Corporation Control Act (31 U.S.C. 9109

12 et seq.), including the budget and credit provisions, except

13 that the Trust shall submit its budget through and in con14 sultation with the Secretary.

15 (o) LEASING.—In managing and leasing the prop16 erties transferred to it, the Trust should consider the ex17 tent to which prospective tenants maximize the contribu18 tion to the implementation of the General Management

19 Plan and to the generation of revenues to offset costs of

20 the Presidio. If the Trust has difficulty securing a tenant

21 for a property under its control, it may enter into negotia22 tion with a prospective tenant whose proposed use may

23 be inconsistent with the approved General Management

24 Plan. The Trust may not enter into a lease which is incon25 sistent with the approved General Management Plan un-
22

•HR 3433 RFS

1 less the Secretary makes a finding that the proposed lease

2 will not have a detrimental effect on the natural, histori3 cal, scenic and recreational values for which the Golden

4 Gate National Recreation Area was established. For major

5 leasing actions, the Trust shall submit the proposed lease

6 to the Secretary of the Interior or his designee for a period

7 of 10 working days for his review of the lease for consist8 ency with the General Management Plan. Before executing

9 the lease, the Trust shall consider issues of consistency

10 raised by the Secretary or his designee.

11 (p) APPLICATION OF OTHER LAWS.—(1) All general

12 penal statutes relating to the larceny, embezzlement, or

13 conversion of public moneys or property of the United

14 States shall apply to the moneys and property of the

15 Trust.

16 (2)(A) Except as provided in subparagraphs (B) and

17 (C), Federal laws and regulations governing procurement

18 by Federal agencies shall apply to the Trust.

19 (B) The Secretary may authorize the Trust, in exer20 cising authority under section 303(g) of the Federal Prop21 erty and Administrative Services Act of 1949 (40 U.S.C.

22 253(g)) relating to simplified purchase procedures, to use

23 as the dollar limit of each purchase or contract under that

24 subsection an amount which does not exceed $500,000.
23

•HR 3433 RFS

1 (C) The Secretary may authorize the Trust, in carry2 ing out the requirement of section 18 of the Office of Fed3 eral Procurement Policy Act (41 U.S.C. 416) to furnish

4 to the Secretary of Commerce for publication notices of

5 proposed procurement actions, to use as the applicable

6 dollar threshold for each expected procurement an amount

7 which does not exceed $1,000,000.

8 (q) GOLDEN GATE NATIONAL RECREATION AREA

9 ADVISORY COMMISSION.—The Trust shall maintain liai10 son with the Golden Gate National Recreation Area Advi11 sory Commission in matters relating to the General Man12 agement Plan, and shall meet with the Commission at

13 least annually.

14 (r) REVERSION.—In the event of failure or default,

15 all interests and assets of the Trust shall revert to the

16 United States to be administered by the Secretary.

17 (s) REPORT.—The Trust shall transmit to the Sec18 retary and the Congress, annually each January, a com19 prehensive and detailed report of its operations, activities,

20 and accomplishments for the prior fiscal year. The report

21 also shall include a section that describes, in general

22 terms, the Trust’s goals for the current fiscal year. The

23 portion of the report containing the audited financial

24 statement may be submitted at a later date, but no later

25 than the first day of March of such year.
24

•HR 3433 RFS

1 (t) AUTHORIZATION OF APPROPRIATIONS FOR PRE2 SIDIO.—For purposes of the Presidio, including the Pre3 sidio Trust, there is authorized to be appropriated to the

4 Secretary such sums as may be necessary, but the aggre5 gate of funds appropriated for purposes of the Presidio

6 (excluding the Presidio Trust) under this subsection and

7 under the Act entitled ‘‘An Act to establish the Golden

8 Gate National Recreation Area in the State of California,

9 and for other purposes’’, approved October 27, 1972 (Pub10 lic Law 92–589; 86 Stat. 1299; 16 U.S.C. 460bb) may

11 not exceed $25,000,000 in any one fiscal year. Funds ap12 propriated under this Act (other than funds appropriated

13 for operations) remain available until expended.

14 (u) SEPARABILITY OF PROVISIONS.—If any provi15 sions of this Act or the application thereof to any body,

16 agency, situation, or circumstance is held invalid, the re17 mainder of the Act and the application of such provision

18 to other bodies, agencies, situations, or circumstances

19 shall not be affected thereby.

20 (v) The provisions of the Act of March 3, 1931 (40

21 U.S.C. 276a et seq.; commonly known as the Davis-Bacon

22 Act), and the provisions of the Service Contract Act of

23 1965 (41 U.S.C. 351 et seq.), shall apply to the Trust.

24 All laborers and mechanics employed on the construction,

25 rehabilitation, reconstruction, alteration, or repair of
25

•HR 3433 RFS

1 projects funded in whole or in part by the Trust and

2 projects financed in whole or in part by loans, grants, loan

3 guarantees, or any other assistance by the Trust shall be

4 paid wages at rates not less than those prevailing on

5 projects of a similar character in the locality as deter6 mined by the Secretary of Labor in accordance with the

7 Act of March 3, 1931 (40 U.S.C. 276a et seq.; commonly

8 known as the Davis-Bacon Act). The Secretary of Labor

9 shall have, with respect to the labor standards specified

10 in this section, the authority and functions set forth in

11 Reorganization Plan Numbered 14 of 1950 (15 F.R.

12 3176; 64 Stat. 1267) and section 2 of the Act of June

13 13, 1934 (40 U.S.C. 276c).

14 SEC. 4. COMPLIANCE WITH BUY AMERICAN ACT.

15 No funds appropriated pursuant to this Act may be

16 expended by an entity unless the entity agrees that in ex17 pending the assistance the entity will comply with sections

18 2 through 4 of the Act of March 3, 1993 (41 U.S.C. 10a–

19 10c, popularly known as the ‘‘Buy American Act’’).

20 SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING

21 NOTICE.

22 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

23 AND PRODUCTS.—In the case of any equipment or prod24 ucts that may be authorized to be purchased with financial

25 assistance provided under this Act, it is the sense of the
26

•HR 3433 RFS

1 Congress that entities receiving such assistance should, in

2 expending the assistance, purchase only American-made

3 equipment and products.

4 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

5 providing financial assistance under this Act, the head of

6 each Federal agency shall provide to each recipient of the

7 assistance a notice describing the statement made in sub8 section (a) by the Congress.

9 SEC. 6. PROHIBITION OF CONTRACTS.

10 It has been finally determined by a court or Federal

11 agency that any person intentionally affixed a label bear12 ing a ‘‘Made in America’’ inscription, or any inscription

13 with the same meaning, to any product sold in or shipped

14 to the United States that is not made in the United

15 States, such person shall be ineligible to receive any con16 tract or subcontract made with funds provided pursuant

17 to this Act, pursuant to the debarment, suspension, and

18 ineligibility procedures described in section 9.400 through

19 9.409 of title 48, Code of Federal Regulations.

Passed the House of Representatives August 18,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

HR 3433 RFS——2