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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3433 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3433

  To provide for the management of portions of the Presidio under the 
             jurisdiction of the Secretary of the Interior.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 1993

  Ms. Pelosi introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                             April 14, 1994

     Additional sponsors: Mr. Yates, Mr. Murtha, Mr. Dellums, Mr. 
  Abercrombie, Mr. Ackerman, Mr. Bacchus of Florida, Mr. Becerra, Mr. 
    Beilenson, Mr. Berman, Mr. Bevill, Mr. Bilbray, Mr. Bonior, Mr. 
 Boucher, Mr. Brooks, Mr. Brown of California, Mr. Bryant, Mrs. Byrne, 
Mr. Clay, Mrs. Clayton, Mr. Coleman, Mr. Conyers, Mr. Darden, Mr. de la 
Garza, Ms. DeLauro, Mr. de Lugo, Mr. Dixon, Mr. Durbin, Mr. Edwards of 
 California, Ms. English of Arizona, Ms. Eshoo, Mr. Faleomavaega, Mr. 
     Farr of California, Mr. Fazio, Mr. Filner, Mr. Fingerhut, Mr. 
Foglietta, Mr. Ford of Michigan, Mr. Frank of Massachusetts, Mr. Frost, 
    Ms. Furse, Mr. Gordon, Mr. Hamburg, Ms. Harman, Mr. Hefner, Mr. 
   Hinchey, Mr. Hoagland, Mr. Johnston of Florida, Ms. Kaptur, Mrs. 
Kennelly, Mr. Lantos, Mr. LaRocco, Mr. Laughlin, Mr. Lehman, Mr. Lewis 
 of Georgia, Mrs. Lloyd, Mrs. Lowey, Mr. McDermott, Mr. McCloskey, Mr. 
 Manton, Mr. Matsui, Mr. Markey, Mr. Martinez, Mr. Meehan, Mrs. Meek, 
      Mr. Mineta, Mrs. Mink, Mr. Moakley, Mr. Nadler, Mr. Neal of 
   Massachusetts, Mr. Oberstar, Mr. Obey, Mr. Olver, Mr. Pastor, Mr. 
Richardson, Mr. Romero-Barcelo, Mr. Rose, Ms. Roybal-Allard, Mr. Sabo, 
  Mr. Sanders, Ms. Schenk, Mr. Schumer, Mr. Serrano, Mr. Stokes, Mr. 
  Studds, Mr. Thompson of Mississippi, Mr. Thornton, Mr. Torres, Mr. 
Torricelli, Mr. Tucker, Mr. Underwood, Mrs. Unsoeld, Ms. Velazquez, Mr. 
  Visclosky, Mr. Washington, Ms. Waters, Mr. Waxman, Mr. Whitten, Mr. 
                   Wilson, Ms. Woolsey, and Mr. Wyden

_______________________________________________________________________

                                 A BILL

 
  To provide for the management of portions of the Presidio under the 
             jurisdiction of the Secretary of the Interior.

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

SECTION 1. THE PRESIDIO CORPORATION.

    (a) Establishment.--There is established within the Department of 
the Interior a public benefit corporation to be known as the Presidio 
Corporation (hereinafter in this Act referred to as the 
``Corporation''). The Corporation shall manage, in accordance with the 
purposes set forth 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), the leasing, maintenance, 
rehabilitation, repair and improvement of property within the Presidio 
which is transferred to the Corporation by the Secretary of the 
Interior (hereinafter in this Act referred to as the ``Secretary'').
    (b) Transfer.--The Secretary shall transfer to the Corporation, 
under such terms and conditions as the Secretary deems appropriate, a 
leasehold in the following properties within the Presidio: the 
Letterman-LAIR complex, Fort Scott, Main Post, and Cavalry Stables, 
Presidio Hill, Wherry Housing and East Housing, and the structures at 
Crissy Field, and such other buildings within the Presidio as the 
Secretary deems appropriate. The leasehold shall be of sufficient term 
to enable the corporation to obtain the most beneficial financing 
arrangements. The Secretary may not transfer to the Corporation any 
buildings and housing necessary to house activities of the National 
Park Service. The Secretary shall transfer, with any transferred 
property, all leases affecting the property. All proceeds received by 
the Presidio Corporation from the leasing of properties managed by the 
Corporation within the Presidio shall be retained by the Corporation 
and used to defray the costs of administration, preservation, 
restoration, operation, maintenance, repair, and related expenses 
incurred by the Corporation with respect to such properties.
    (c) Board of Directors.--(1) The powers and management of the 
Corporation shall be vested in a Board of Directors consisting of 9 
members, as follows:
            (A) The Director of the National Park Service.
            (B) Secretary of the Army.
            (C) Secretary of Transportation.
            (D) Chairperson, Golden Gate National Park Association.
            (E) The Mayor of the City of San Francisco.
            (F) Two members to be appointed by the Secretary from 
        recommendations by the Speaker of the House of Representatives 
        and the Majority Leader of the Senate, with national visibility 
        and knowledge and experience in one or more of the fields of 
        environmental studies, city planning, finance, real estate, 
        engineering, or management.
            (G) Two individuals who shall be residents of, and who 
        shall be registered voters in, the City and County of San 
        Francisco with knowledge and experience in city planning, 
        finance, and real estate.
    (2) The Secretary shall further appoint 5 non-voting members, to 
include:
            (A) The Executive Director of the National Trust for 
        Historic Preservation.
            (B) The Chairman of the Golden Gate National Recreation 
        Area Advisory Commission.
            (C) A representative from among the entities occupying 
        property at the Presidio.
            (D) Two members to be appointed by the Secretary with 
        knowledge and experience in one or more of the fields of city 
        planning, finance, real estate, engineering, or management.
Each member of the Board of Directors specified in subparagraphs (A) 
through (C) of paragraph (1) may, at the time of appointment, designate 
(through written notice) an alternate senior official of his department 
or agency who may serve on the Board in his stead.
    (d) Terms of Board Members.--Each member of the Board of Directors 
appointed under subparagraphs (F) and (G) of subsection (c)(1) shall 
serve for a term of 4 years from the expiration of his predecessor's 
term; except that the Congress, in making the initial appointments to 
the Board under subparagraph (G), shall appoint 1 Director to a term of 
2 years and 1 Director to a term of 3 years. Any vacancy on the Board 
of Directors 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 predecessor was 
appointed. Any member may continue to serve after the expiration of his 
term until his successor is appointed. No appointed director may serve 
more than 12 years in consecutive terms.
    (e) Organization and Compensation.--(1) The Board of Directors 
shall elect a Chairman and a Vice Chairman from among the members of 
the Board of Directors.
    (2) Members of the Board of Directors shall serve without pay, but 
may be reimbursed for the actual and necessary traveling and 
subsistence expenses incurred by them in the performance of the duties 
of the Corporation.
    (3) The Board of Directors shall meet at the call of the Chairman, 
who shall require it to meet not less often than once every 3 months. A 
majority of the members of the Board of Directors (or their designated 
alternates) shall constitute a quorum.
    (f) Staff.--The Board of Directors shall have the power to appoint 
and fix the compensation and duties of an Executive Director and such 
other officers and employees of the Corporation as may be necessary for 
the efficient administration of the Corporation. Priority consideration 
shall be given to appointing staff (other than the Executive Director) 
from among persons with knowledge and experience in the fields of 
finance and real estate (including property management). Officers and 
employees of the Corporation may be appointed and compensated without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and may be paid 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).
    (g) Experts and Consultants.--The Board of Directors is authorized 
to procure the services of experts or consultants, or organizations, 
including but not limited to urban planners, architects, engineers, and 
appraisers.
    (h) Authorities.--In exercising its powers and duties, the 
Corporation shall act in accordance with the approved General 
Management Plan, as amended (hereinafter in this Act referred to as the 
``Plan'') or 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 have the following authorities:
            (1) The Corporation shall manage, maintain, improve and 
        repair those properties within the Presidio which are 
        transferred to the Corporation by the Secretary.
            (2) The Corporation shall publish and disseminate 
        information and make known to potential occupants, by 
        advertisement, solicitation, or other means, the availability 
        of the property within the Presidio which the Corporation 
        manages.
            (3) The Corporation may prepare or cause to be prepared 
        plans, specifications, designs, and estimates of costs for the 
        rehabilitation, improvement, alteration, or repair of any 
        property managed by the Corporation, and from time to time may 
        modify such plans, specifications, designs, or estimates.
            (4) The Corporation may enter into contracts, including 
        leases, cooperative agreements, or other agreements with any 
        governmental entity, private or non-profit organization, 
        person, firm, association, organization, or corporation for the 
        occupancy of any property within the Presidio which the 
        Corporation manages.
            (5) The Corporation shall establish competitive bidding 
        procedures to be used for the issuance of leases and contracts 
        under this Act.
            (6) The Federal procurement laws and regulations shall not 
        apply to the Corporation.
            (7) The Corporation shall establish (through easements, 
        covenants, regulations, agreements, or otherwise) such 
        restrictions, standards, and requirements as are necessary to 
        assure maintenance and protection of the property managed by 
        the Corporation.
            (8) The Corporation may make loans to the occupants of 
        property managed by the Corporation for the preservation, 
        restoration, maintenance, or repair of such property.
            (9) The Corporation may provide technical assistance to the 
        occupants of property managed by the Corporation, to assist 
        such occupants in making repairs or improvements to the 
        property or applying for loans under paragraph (8) of this 
        section.
            (10) The Corporation may solicit and accept donations of 
        funds, property, supplies, or services from individuals, 
        foundations, corporations, and other private entities, and from 
        public entities, for the purpose of carrying out its duties.
            (11) The Corporation may retain any revenues from leases or 
        other agreements concerning property managed by the 
        Corporation, including preexisting leases or agreements and any 
        donations, and use the proceeds for any function of the 
        Corporation authorized by this Act, except for those monies 
        transferred to the Secretary as stipulated in paragraph (12).
            (12) The Secretary and the Corporation shall agree on an 
        amount of revenues received by the Corporation to be 
        transferred to the Secretary, to be applied by the Secretary to 
        maintenance of the common property.
            (13) The Corporation may borrow money privately to carry 
        out the Corporation's duties, obligations and responsibilities. 
        In connection with such borrowing, the Corporation may issue 
        evidence of indebtedness and may provide collateral to secure 
        such indebtedness (including, without limitation, a mortgage or 
        pledge of the Corporation's interest in revenues or the 
        leasehold in property transferred by the Secretary by the 
        Corporation). The Corporation may also borrow money from the 
        Treasury of the United States, in such amounts as may be 
        authorized in appropriations acts, to carry out the 
        Corporation's duties and responsibilities. Such borrowings from 
        the Treasury shall have such maturities, terms, and conditions 
        as may be agreed upon by the Corporation and the Secretary of 
        the Treasury and may be redeemable at the option of the 
        Corporation before maturity.
            (14) The Corporation may invest any funds not required for 
        immediate use or disbursement, with the approval of the 
        Secretary of the Treasury, in obligations of the United States 
        Government, or obligations the principal and interest of which 
        are guaranteed by the United States Government: Provided, That 
        this authority shall not extend to moneys obtained from the 
        Government.
            (15) The Corporation may enter into and perform such 
        contracts and other transactions with any public agencies and 
        private organizations and persons, as may be necessary or 
        appropriate to the conduct of activities authorized under this 
        Act.
            (16) The Corporation may execute all instruments necessary 
        or appropriate in the exercise of any of its functions under 
        this Act, and may delegate to the Executive Director such of 
        its powers and responsibilities as it deems appropriate and 
        useful for the administration of the Corporation.
            (17) The Corporation may obtain by purchase, rental, 
        donation, or otherwise, such goods and services as may be 
        needed to carry out its duties. In the event of the termination 
        of the Corporation, all property and unexpended funds shall be 
        transferred to the Department of the Interior.
            (18) The Corporation shall procure insurance against any 
        loss in connection with the properties managed by it.
            (19) The Corporation may sue and be sued in its name, 
        except that the Directors of the Board shall not be personally 
        liable except for gross negligence.
            (20) The Corporation may adopt, amend, and repeal bylaws, 
        rules, and regulations governing the manner in which its 
        business may be conducted and the powers vested in it may be 
        exercised.
            (21) The Corporation shall have perpetual succession.
            (22) The Corporation shall have an official seal selected 
        by the Board which shall be judicially noticed.
            (23) The Corporation shall have all necessary and proper 
        powers for the exercise of the authorities vested in it.
            (24) The Corporation may negotiate directly with the State 
        Historic Preservation Office and the Advisory Council on 
        Historic Preservation to develop agreements concerning the 
        reuse of historic structures managed by it, the objective of 
        which shall be to maximize the potential for securing tenants.
    (i) Use of Federal Personnel, Facilities, and Services.--The 
Secretary or other Cabinet officers may provide personnel, facilities, 
and other administrative services to the Corporation to assist it in 
carrying out its duties under this Act.
    (j) Taxes.--Since the exercise of the powers granted by this 
section will be in all respects for the benefit of the people, the 
Corporation is hereby declared to be devoted to an essential public and 
governmental function and purpose and shall be exempt from all taxes 
and special assessments of every kind of the United States, the State 
of California, and its political subdivisions, including the City and 
County of San Francisco.
    (k) Volunteers.--The Secretary may accept, without regard to the 
Civil Service classification laws, rules, or regulations, the services 
of the Corporation, the Board, and the officers and employees of the 
Board, without compensation from the Department of the Interior, as 
volunteers in the performance of the functions authorized herein, in 
the manner provided for under Public Law 91-357, as amended (16 U.S.C. 
18g et seq.).
    (l) Savings Clause.--Nothing in this section shall preclude the 
Secretary from exercising any of his lawful powers within the Presidio.
    (m) Affirmative Action.--The Corporation shall ensure that 
affirmative steps are taken, consistent with other Federal law, to 
afford equal access and equal opportunities for leases, concessions, 
contracts, subcontracts, and other contracting and employment 
opportunities to minorities, women, and other socially and economically 
disadvantaged individuals, commensurate with local availability.
    (n) Financial Records.--The financial records of the Corporation 
shall be available for inspection by the Secretary at any time and 
shall be audited by a reputable firm of certified public accountants 
not less frequently than once each year. Such audit shall be made 
available to the Secretary and the Congress.
    (o) Application of Other Laws.--All general penal statutes relating 
to the larceny, embezzlement, or conversion of public moneys or 
property of the United States shall apply to the moneys and property of 
the Corporation.
    (p) Reversion.--In the event of failure or default, all interests 
and assets of the Corporation shall revert to the United States to be 
administered by the Secretary.
    (q) Report.--The Corporation shall transmit to the Secretary and 
the Congress, annually each January and at such other times as it deems 
desirable, a comprehensive and detailed report of its operations, 
activities, and accomplishments under this section.
    (r) Authorization of Appropriations for Presidio.--For purposes of 
the Presidio, there is authorized to be appropriated to the Secretary 
and the Presidio Corporation such sums as may be necessary, but the 
aggregate of funds appropriated for purposes of the Presidio under this 
subsection and under 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) may not exceed $25,000,000 in any one fiscal 
year.

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