I

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. VELA ́ZQUEZ, Mr. VISCLOSKY, Mr.

WASHINGTON, Ms. WATERS, Mr. WAXMAN, Mr. WHITTEN, Mr. WILSON,

Ms. WOOLSEY, and Mr. WYDEN
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•HR 3433 SC

A BILL

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. THE PRESIDIO CORPORATION.

4 (a) ESTABLISHMENT.—There is established within

5 the Department of the Interior a public benefit corpora6 tion to be known as the Presidio Corporation (hereinafter

7 in this Act referred to as the ‘‘Corporation’’). The Cor8 poration shall manage, in accordance with the purposes

9 set forth in section 1 of the Act entitled ‘‘An Act to estab10 lish the Golden Gate National Recreation Area in the

11 State of California, and for other purposes’’, approved Oc12 tober 27, 1972 (Public Law 92–589; 86 Stat. 1299; 16

13 U.S.C. 460bb), the leasing, maintenance, rehabilitation,

14 repair and improvement of property within the Presidio

15 which is transferred to the Corporation by the Secretary

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

17 ‘‘Secretary’’).

18 (b) TRANSFER.—The Secretary shall transfer to the

19 Corporation, under such terms and conditions as the Sec20 retary deems appropriate, a leasehold in the following

21 properties within the Presidio: the Letterman-LAIR com22 plex, Fort Scott, Main Post, and Cavalry Stables, Presidio
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•HR 3433 SC

1 Hill, Wherry Housing and East Housing, and the struc2 tures at Crissy Field, and such other buildings within the

3 Presidio as the Secretary deems appropriate. The lease4 hold shall be of sufficient term to enable the corporation

5 to obtain the most beneficial financing arrangements. The

6 Secretary may not transfer to the Corporation any build7 ings and housing necessary to house activities of the Na8 tional Park Service. The Secretary shall transfer, with any

9 transferred property, all leases affecting the property. All

10 proceeds received by the Presidio Corporation from the

11 leasing of properties managed by the Corporation within

12 the Presidio shall be retained by the Corporation and used

13 to defray the costs of administration, preservation, res14 toration, operation, maintenance, repair, and related ex15 penses incurred by the Corporation with respect to such

16 properties.

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

18 management of the Corporation shall be vested in a Board

19 of Directors consisting of 9 members, as follows:

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

21 (B) Secretary of the Army.

22 (C) Secretary of Transportation.

23 (D) Chairperson, Golden Gate National Park

24 Association.

25 (E) The Mayor of the City of San Francisco.
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1 (F) Two members to be appointed by the Sec2 retary from recommendations by the Speaker of the

3 House of Representatives and the Majority Leader

4 of the Senate, with national visibility and knowledge

5 and experience in one or more of the fields of envi6 ronmental studies, city planning, finance, real estate,

7 engineering, or management.

8 (G) Two individuals who shall be residents of,

9 and who shall be registered voters in, the City and

10 County of San Francisco with knowledge and experi11 ence in city planning, finance, and real estate.

12 (2) The Secretary shall further appoint 5 non-voting

13 members, to include:

14 (A) The Executive Director of the National

15 Trust for Historic Preservation.

16 (B) The Chairman of the Golden Gate National

17 Recreation Area Advisory Commission.

18 (C) A representative from among the entities

19 occupying property at the Presidio.

20 (D) Two members to be appointed by the Sec21 retary with knowledge and experience in one or more

22 of the fields of city planning, finance, real estate, en23 gineering, or management.

24 Each member of the Board of Directors specified in sub25 paragraphs (A) through (C) of paragraph (1) may, at the
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•HR 3433 SC

1 time of appointment, designate (through written notice)

2 an alternate senior official of his department or agency

3 who may serve on the Board in his stead.

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

5 the Board of Directors appointed under subparagraphs

6 (F) and (G) of subsection (c)(1) shall serve for a term

7 of 4 years from the expiration of his predecessor’s term;

8 except that the Congress, in making the initial appoint9 ments to the Board under subparagraph (G), shall appoint

10 1 Director to a term of 2 years and 1 Director to a term

11 of 3 years. Any vacancy on the Board of Directors shall

12 be filled in the same manner in which the original appoint13 ment was made, and any member appointed to fill a va14 cancy shall serve for the remainder of the term for which

15 his predecessor was appointed. Any member may continue

16 to serve after the expiration of his term until his successor

17 is appointed. No appointed director may serve more than

18 12 years in consecutive terms.

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

20 Board of Directors shall elect a Chairman and a Vice

21 Chairman from among the members of the Board of Di22 rectors.

23 (2) Members of the Board of Directors shall serve

24 without pay, but may be reimbursed for the actual and
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•HR 3433 SC

1 necessary traveling and subsistence expenses incurred by

2 them in the performance of the duties of the Corporation.

3 (3) The Board of Directors shall meet at the call of

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

5 than once every 3 months. A majority of the members of

6 the Board of Directors (or their designated alternates)

7 shall constitute a quorum.

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

9 power to appoint and fix the compensation and duties of

10 an Executive Director and such other officers and employ11 ees of the Corporation as may be necessary for the effi12 cient administration of the Corporation. Priority consider13 ation shall be given to appointing staff (other than the

14 Executive Director) from among persons with knowledge

15 and experience in the fields of finance and real estate (in16 cluding property management). Officers and employees of

17 the Corporation may be appointed and compensated with18 out regard to the provisions of title 5, United States Code,

19 governing appointments in the competitive service, and

20 may be paid without regard to the provisions of chapter

21 51, and subchapter III of chapter 53, title 5, United

22 States Code (relating to classification and General Sched23 ule pay rates).

24 (g) EXPERTS AND CONSULTANTS.—The Board of Di25 rectors is authorized to procure the services of experts or
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•HR 3433 SC

1 consultants, or organizations, including but not limited to

2 urban planners, architects, engineers, and appraisers.

3 (h) AUTHORITIES.—In exercising its powers and du4 ties, the Corporation shall act in accordance with the ap5 proved General Management Plan, as amended (herein6 after in this Act referred to as the ‘‘Plan’’) or the Act

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

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

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

10 589; 86 Stat. 1299; 16 U.S.C. 460bb) and have the follow11 ing authorities:

12 (1) The Corporation shall manage, maintain,

13 improve and repair those properties within the Pre14 sidio which are transferred to the Corporation by the

15 Secretary.

16 (2) The Corporation shall publish and dissemi17 nate information and make known to potential occu18 pants, by advertisement, solicitation, or other means,

19 the availability of the property within the Presidio

20 which the Corporation manages.

21 (3) The Corporation may prepare or cause to be

22 prepared plans, specifications, designs, and esti23 mates of costs for the rehabilitation, improvement,

24 alteration, or repair of any property managed by the
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•HR 3433 SC

1 Corporation, and from time to time may modify such

2 plans, specifications, designs, or estimates.

3 (4) The Corporation may enter into contracts,

4 including leases, cooperative agreements, or other

5 agreements with any governmental entity, private or

6 non-profit organization, person, firm, association, or7 ganization, or corporation for the occupancy of any

8 property within the Presidio which the Corporation

9 manages.

10 (5) The Corporation shall establish competitive

11 bidding procedures to be used for the issuance of

12 leases and contracts under this Act.

13 (6) The Federal procurement laws and regula14 tions shall not apply to the Corporation.

15 (7) The Corporation shall establish (through

16 easements, covenants, regulations, agreements, or

17 otherwise) such restrictions, standards, and require18 ments as are necessary to assure maintenance and

19 protection of the property managed by the Corpora20 tion.

21 (8) The Corporation may make loans to the oc22 cupants of property managed by the Corporation for

23 the preservation, restoration, maintenance, or repair

24 of such property.
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•HR 3433 SC

1 (9) The Corporation may provide technical as2 sistance to the occupants of property managed by

3 the Corporation, to assist such occupants in making

4 repairs or improvements to the property or applying

5 for loans under paragraph (8) of this section.

6 (10) The Corporation may solicit and accept

7 donations of funds, property, supplies, or services

8 from individuals, foundations, corporations, and

9 other private entities, and from public entities, for

10 the purpose of carrying out its duties.

11 (11) The Corporation may retain any revenues

12 from leases or other agreements concerning property

13 managed by the Corporation, including preexisting

14 leases or agreements and any donations, and use the

15 proceeds for any function of the Corporation author16 ized by this Act, except for those monies transferred

17 to the Secretary as stipulated in paragraph (12).

18 (12) The Secretary and the Corporation shall

19 agree on an amount of revenues received by the Cor20 poration to be transferred to the Secretary, to be ap21 plied by the Secretary to maintenance of the com22 mon property.

23 (13) The Corporation may borrow money pri24 vately to carry out the Corporation’s duties, obliga25 tions and responsibilities. In connection with such
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•HR 3433 SC

1 borrowing, the Corporation may issue evidence of in2 debtedness and may provide collateral to secure such

3 indebtedness (including, without limitation, a mort4 gage or pledge of the Corporation’s interest in reve5 nues or the leasehold in property transferred by the

6 Secretary by the Corporation). The Corporation may

7 also borrow money from the Treasury of the United

8 States, in such amounts as may be authorized in ap9 propriations acts, to carry out the Corporation’s du10 ties and responsibilities. Such borrowings from the

11 Treasury shall have such maturities, terms, and con12 ditions as may be agreed upon by the Corporation

13 and the Secretary of the Treasury and may be re14 deemable at the option of the Corporation before

15 maturity.

16 (14) The Corporation may invest any funds not

17 required for immediate use or disbursement, with

18 the approval of the Secretary of the Treasury, in ob19 ligations of the United States Government, or obli20 gations the principal and interest of which are guar21 anteed by the United States Government: Provided,

22 That this authority shall not extend to moneys ob23 tained from the Government.

24 (15) The Corporation may enter into and per25 form such contracts and other transactions with any
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•HR 3433 SC

1 public agencies and private organizations and per2 sons, as may be necessary or appropriate to the con3 duct of activities authorized under this Act.

4 (16) The Corporation may execute all instru5 ments necessary or appropriate in the exercise of

6 any of its functions under this Act, and may dele7 gate to the Executive Director such of its powers

8 and responsibilities as it deems appropriate and use9 ful for the administration of the Corporation.

10 (17) The Corporation may obtain by purchase,

11 rental, donation, or otherwise, such goods and serv12 ices as may be needed to carry out its duties. In the

13 event of the termination of the Corporation, all

14 property and unexpended funds shall be transferred

15 to the Department of the Interior.

16 (18) The Corporation shall procure insurance

17 against any loss in connection with the properties

18 managed by it.

19 (19) The Corporation may sue and be sued in

20 its name, except that the Directors of the Board

21 shall not be personally liable except for gross neg22 ligence.

23 (20) The Corporation may adopt, amend, and

24 repeal bylaws, rules, and regulations governing the
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•HR 3433 SC

1 manner in which its business may be conducted and

2 the powers vested in it may be exercised.

3 (21) The Corporation shall have perpetual suc4 cession.

5 (22) The Corporation shall have an official seal

6 selected by the Board which shall be judicially no7 ticed.

8 (23) The Corporation shall have all necessary

9 and proper powers for the exercise of the authorities

10 vested in it.

11 (24) The Corporation may negotiate directly

12 with the State Historic Preservation Office and the

13 Advisory Council on Historic Preservation to develop

14 agreements concerning the reuse of historic struc15 tures managed by it, the objective of which shall be

16 to maximize the potential for securing tenants.

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

18 SERVICES.—The Secretary or other Cabinet officers may

19 provide personnel, facilities, and other administrative serv20 ices to the Corporation to assist it in carrying out its du21 ties under this Act.

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

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

24 the people, the Corporation is hereby declared to be de25 voted to an essential public and governmental function and
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•HR 3433 SC

1 purpose and shall be exempt from all taxes and special

2 assessments of every kind of the United States, the State

3 of California, and its political subdivisions, including the

4 City and County of San Francisco.

5 (k) VOLUNTEERS.—The Secretary may accept, with6 out regard to the Civil Service classification laws, rules,

7 or regulations, the services of the Corporation, the Board,

8 and the officers and employees of the Board, without com9 pensation from the Department of the Interior, as volun10 teers in the performance of the functions authorized here11 in, in the manner provided for under Public Law 91–357,

12 as amended (16 U.S.C. 18g et seq.).

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

14 preclude the Secretary from exercising any of his lawful

15 powers within the Presidio.

16 (m) AFFIRMATIVE ACTION.—The Corporation shall

17 ensure that affirmative steps are taken, consistent with

18 other Federal law, to afford equal access and equal oppor19 tunities for leases, concessions, contracts, subcontracts,

20 and other contracting and employment opportunities to

21 minorities, women, and other socially and economically

22 disadvantaged individuals, commensurate with local avail23 ability.

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

25 the Corporation shall be available for inspection by the
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•HR 3433 SC

1 Secretary at any time and shall be audited by a reputable

2 firm of certified public accountants not less frequently

3 than once each year. Such audit shall be made available

4 to the Secretary and the Congress.

5 (o) APPLICATION OF OTHER LAWS.—All general

6 penal statutes relating to the larceny, embezzlement, or

7 conversion of public moneys or property of the United

8 States shall apply to the moneys and property of the Cor9 poration.

10 (p) REVERSION.—In the event of failure or default,

11 all interests and assets of the Corporation shall revert to

12 the United States to be administered by the Secretary.

13 (q) REPORT.—The Corporation shall transmit to the

14 Secretary and the Congress, annually each January and

15 at such other times as it deems desirable, a comprehensive

16 and detailed report of its operations, activities, and accom17 plishments under this section.

18 (r) AUTHORIZATION OF APPROPRIATIONS FOR PRE19 SIDIO.—For purposes of the Presidio, there is authorized

20 to be appropriated to the Secretary and the Presidio Cor21 poration such sums as may be necessary, but the aggre22 gate of funds appropriated for purposes of the Presidio

23 under this subsection and under the Act entitled ‘‘An Act

24 to establish the Golden Gate National Recreation Area in

25 the State of California, and for other purposes’’, approved
15

•HR 3433 SC

1 October 27, 1972 (Public Law 92–589; 86 Stat. 1299; 16

2 U.S.C. 460bb) may not exceed $25,000,000 in any one

3 fiscal year.

Æ