Union Calendar No. 377

103D CONGRESS

2D SESSION H. R. 3433

[Report No. 103–615, Parts I and II]

A BILL

To provide for the management of portions of the

of the Interior.Presidio under the jurisdiction of the Secretary

AUGUST 9, 1994

Reported from the Committee on Ways and Means with

amendments

AUGUST 9, 1994

Committee on Government Operations discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the
IB

Union Calendar No. 377

103D CONGRESS

2D SESSION H. R. 3433

[Report No. 103–615, Parts I and II]

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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JULY 21, 1994

Additional sponsors: Mr. ENGEL, Mr. GEPHARDT, Mr. GILMAN, Mr. JEFFERSON, Mr. KENNEDY, Mr. LANCASTER, Mr. SAWYER, Mr. BARLOW, Ms.

BROWN of Florida, Mr. GUTIERREZ, Mr. GONZALEZ, Mr. DICKS, Mr.

CONDIT, Mr. HORN, Mr. SARPALIUS, Mr. BARRETT of Wisconsin, Mr.

MURPHY, Mr. RAVENEL, Ms. EDDIE BERNICE JOHNSON of Texas, Mr.

RANGEL, Mr. MONTGOMERY, Mr. REYNOLDS, Mr. WHEAT, and Mr.

SKAGGS

JULY 21, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

AUGUST 1, 1994

The Committee of the Whole House on the State of the Union discharged,

and referred to the Committee on Ways and Means for a period ending

not later than August 9, 1994, for consideration of such provisions of the

bill and the amendment recommended by the Committee on Natural Resources as fall within the jurisdiction of the Committee on Ways and

Means pursuant to clause 1(v), rule X

AUGUST 3, 1994

Referred to the Committee on Government Operations for a period ending not

later than August 9, 1994, for consideration of such provisions of the bill

and amendment as fall within the jurisdiction of that committee pursuant

to clause 1(j) of rule X

AUGUST 9, 1994

Reported from the Committee on Ways and Means with amendments

[Omit the part struck through in italic and insert the part printed in boldface roman]

AUGUST 9, 1994

Committee on Government Operations discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be

printed

[For text of introduced bill, see copy of bill as introduced on April 14, 1994]

A BILL

To provide for the management of portions of the Presidio

under the jurisdiction of the Secretary of the Interior.
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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 amidst

6 the incomparable scenic splendor of the Golden Gate,

7 is one of America’s great natural and historic sites;

8 (2) the Presidio is the oldest continually operat9 ing military post in the Nation dating from 1776,

10 and was designated as a National Historic Landmark

11 in 1962;

12 (3) preservation of the cultural and historic in13 tegrity of the Presidio for public use would give due

14 recognition to its significant role in the history of the

15 United States;

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

17 the jurisdiction of the National Park Service on Sep18 tember 30, 1994, in accordance with Public Law 92–

19 589;

20 (5) as part of the Golden Gate National Recre21 ation Area, the Presidio’s outstanding natural, his22 toric, scenic, cultural and recreational resources must

23 be managed in a manner which is consistent with

24 sound principles of land use planning and manage25 ment, and which protect the Presidio from develop-
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1 ment and uses which would destroy the scenic beauty

2 and natural character of the area;

3 (6) activities and management at the Presidio

4 must be consistent with both the Act establishing the

5 Golden Gate National Recreation Area (Public Law

6 92–589) and the General Management Plan for the

7 Golden Gate National Recreation Area, as amended;

8 (7) the Presidio will be a global center dedicated

9 to addressing the world’s most critical environmental,

10 social, and cultural challenges and a working labora11 tory at which models of environmental sustainability

12 shall be developed;

13 (8) the Presidio, as an urban park, will be man14 aged in a manner that is responsive to the concerns

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

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

17 both activities and management, of the diversity that

18 exists in the surrounding community; and

19 (9) the Presidio will be managed in an innova20 tive public/private partnership that minimizes cost to

21 the United States Treasury and makes efficient use of

22 private sector resources that could be utilized in the

23 public interest.
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1 SEC. 2. AMENDMENT OF ACT ESTABLISHING GOLDEN GATE

2 NATIONAL RECREATION AREA.

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

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

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

6 purposes’’, approved October 27, 1972 (Public Law 92–589;

7 86 Stat. 1299; 16 U.S.C. 460bb), is amended by inserting

8 the following after the second sentence: ‘‘In addition, the

9 Secretary may utilize the resources of the Presidio of San

10 Francisco to provide for and support programs and activi11 ties that foster research, education or demonstration

12 projects, and relate to the environment, energy, transpor13 tation, international affairs, arts and cultural understand14 ing, health and science.’’.

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

16 amended by adding the following new subsection at the end

17 thereof:

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

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

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

21 person, firm, association, organization, corporation or gov22 ernmental entity for the use of any property within the Pre23 sidio in accordance with the General Management Plan and

24 any of the purposes set forth in section 1 of this Act. The

25 Secretary may further, in his discretion, negotiate and

26 enter into leases or other appropriate agreements with any
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1 Federal agency to house employees of the agency engaged

2 in activities or programs at the Presidio.

3 ‘‘(2) In addition to other available authorities, the Sec4 retary may, in his discretion, enter into—

5 ‘‘(A) interagency permitting agreements or other

6 appropriate agreements with the Secretary of Defense

7 and the Director of the Federal Emergency Manage8 ment Agency, and

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

10 house their activities and employees at the Presidio.

11 ‘‘(3) Any leases or other appropriate agreements en12 tered into under this subsection shall be subject to such pro13 cedures, terms, conditions and restrictions as the Secretary

14 deems necessary. The Secretary is authorized to negotiate

15 and enter into leases or other agreements, at fair market

16 value and without regard to section 321 of chapter 314 of

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

18 value shall take into account the uses permitted by the Gen19 eral Management Plan and this Act. The preceding sentence

20 shall not apply to any interagency permitting agreement

21 entered into between the Secretary and the Secretary of De22 fense regarding the housing of activities and employees of

23 the Sixth United States Army. For purposes of any such

24 lease or other agreements, the Secretary may adjust the

25 rental by taking into account any amounts to be expended
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1 by the lessee for preservation, maintenance, restoration, im2 provement, repair and related expenses with respect to the

3 leased properties.

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

5 and from concession and other use authorizations and from

6 other services that may be provided by the recreation area

7 under this subsection shall be retained by the Secretary for

8 5 years after the date of enactment of this paragraph or

9 until the leased property is transferred to the Presidio Trust

10 and shall be available without further appropriation and

11 used to offset the costs of preservation, restoration, mainte12 nance, improvement, repair and related expenses including

13 administration of the above, incurred by the Secretary with

14 respect to Presidio properties, with the balance used to offset

15 other costs incurred by the Secretary in the administration

16 of the Presidio.

17 ‘‘(5) Each lessee of a lease entered into under this sub18 section shall keep such records as the Secretary may pre19 scribe to enable the Secretary to determine that all terms

20 of the lease have been and are being faithfully performed.

21 The Secretary and the Comptroller General and their duly

22 authorized representatives shall, for the purpose of audit

23 and examination, have access to financial records pertinent

24 to the lease and all the terms and conditions thereof.
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1 ‘‘(6) The Secretary shall annually prepare and submit

2 to Congress a report on property leased under this sub3 section.

4 ‘‘(7) In addition to other available authorities, the Sec5 retary may, in his discretion, enter into cooperative agree6 ments and permits for any of the purposes of the recreation

7 area set out in section 1 of this Act.’’.

8 SEC. 3. THE PRESIDIO TRUST.

9 (a) ESTABLISHMENT.—There is established within the

10 Department of the Interior a non-profit public benefit gov11 ernment corporation to be known as the Presidio Trust

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

13 Trust shall manage, in accordance with the purposes set

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

15 the Golden Gate National Recreation Area in the State of

16 California, and for other purposes’’, approved October 27,

17 1972 (Public Law 92–589; 86 Stat. 1299; 16 U.S.C. 460bb),

18 and with this Act, the leasing, maintenance, rehabilitation,

19 repair and improvement of property within the Presidio

20 which is transferred to the Trust by the Secretary of the

21 Interior (hereinafter in this Act referred to as the ‘‘Sec22 retary’’). The Trust may participate in the development of

23 programs and activities at the properties that have been

24 transferred to the Trust.
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1 (b) TRANSFER.—Except as provided in this subsection,

2 the Secretary shall transfer to the Trust, under such terms

3 and conditions as the Secretary deems appropriate, a lease4 hold in the following properties within the Presidio under

5 the control of the Secretary: the Letterman-LAIR complex,

6 Fort Scott, Main Post, Cavalry Stables, Presidio Hill,

7 Wherry Housing, East Housing, the structures at Crissy

8 Field, and such other properties, within the Presidio as the

9 Secretary and the Trust deems appropriate. Any such prop10 erty shall be transferred within 60 days after a request is

11 made by the Trust. The leasehold shall be of sufficient term

12 to enable the Trust to obtain necessary and beneficial fi13 nancing arrangements and to carry out the purposes of this

14 Act. The Secretary may withhold transfer to the Trust of

15 any buildings necessary to house or support activities of

16 the National Park Service. The Secretary may not transfer

17 to the Trust any property irrevocably permitted to the De18 partment of Army. The Secretary shall transfer, with any

19 transferred property, all leases, concessions, licenses and

20 other agreements affecting such transferred property. The

21 Secretary may transfer any properties within the Presidio

22 to the Trust not requested by the Trust subject to terms and

23 conditions mutually agreed to by the Secretary and the

24 Trust. All proceeds received by the Presidio Trust from the

25 leasing of properties managed by the Trust within the Pre-
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1 sidio shall be retained by the Trust without further appro2 priation and used to offset the costs of administration, pres3 ervation, restoration, operation, maintenance, repair, and

4 related expenses incurred by the Trust with respect to such

5 properties. After any building or structure is transferred

6 to the Trust, no appropriated funds may be used to im7 prove, rehabilitate, or repair such building or structure, ex8 cept on an emergency basis.

9 (c) BOARD OF DIRECTORS.—(1) The powers and man10 agement of the Trust shall be vested in a Board of Directors

11 consisting of 13 members, as follows:

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

13 (B) Secretary of the Army.

14 (C) Administrator of the Environmental Protec15 tion Agency.

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

17 the Federal Government, appointed by the Secretary

18 within 6 months after the date of the enactment of

19 this Act, 6 of whom shall have knowledge and experi20 ence in one or more of the fields of the environment,

21 energy, transportation, international affairs, health,

22 science, education, or any other such field related to

23 the activities at the Presidio; 4 of whom shall have

24 knowledge and experience in one or more of the fields

25 of city planning, finance, real estate, labor or historic
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1 preservation. With respect to the 10 individuals, 5

2 shall meet the additional requirement of possessing

3 extensive knowledge of the region in which the Pre4 sidio is located.

5 Each member of the Board of Directors specified in sub6 paragraphs (A) through (C) paragraph (1) may designate

7 (through written notice to the Secretary and Chairman of

8 the Board) an alternative senior official (classified as Sen9 ior Executive Service) of his or her department or agency

10 who may serve on the Board in his or her stead. The Sec11 retary of the Army shall serve on the Board until such time

12 as the Sixth Army Headquarters ceases to maintain a pres13 ence at the Presidio. In such an event, the Secretary of En14 ergy shall replace the Secretary of the Army on the Board.

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

16 the Board of Directors appointed under subparagraph (D)

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

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

19 the Secretary, in making the initial appointments to the

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

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

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

23 the same manner in which the original appointment was

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

25 serve for the remainder of the term for which his or her
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1 predecessor was appointed. Each member shall continue to

2 serve after the expiration of his or her term until his or

3 her successor is appointed. No appointed director may serve

4 more than 10 years in consecutive terms.

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

6 Board of Directors shall elect at the initial meeting a Chair7 man and a Vice Chairman from among the members of the

8 Board of Directors. The Director of the National Park Serv9 ice shall serve as Chairman until such time as the Board

10 holds such election.

11 (2) The Board of Directors may establish an Executive

12 Committee within the Board and other such committees

13 within the Board as it deems appropriate, and delegate

14 such powers to such committees as the Board determines

15 appropriate to carry out its functions and duties. Any such

16 committees established by the Board may meet and take ac17 tion on behalf of the Board between meetings to the extent

18 the Board delegates such authority. Delegations to such

19 committees shall not relieve the Board of full responsibility

20 for the carrying out of its functions and duties, and shall

21 be revocable by the Board in its exclusive judgment.

22 (3) Members of the Board of Directors shall serve with23 out pay, but may be reimbursed for the actual and nec24 essary traveling and subsistence expenses incurred by them

25 in the performance of the duties of the Trust.
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1 (4) The Board of Directors shall meet at the call of

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

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

4 the Board of Directors (or their designated alternates) shall

5 constitute a quorum. The Board shall hold at least one pub6 lic meeting per year at the Presidio at which time the

7 Board shall report on its operations, accomplishments and

8 goals for the upcoming year.

9 (5) Members of the Board of Directors shall not be con10 sidered Federal employees by virtue of their membership on

11 the Board, except for purposes of the Federal Tort Claims

12 Act and other statutes defining legal liability.

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

14 power to appoint and fix the compensation and duties of

15 an Executive Director and such other officers and employees

16 of the Trust as may be necessary for the efficient adminis17 tration of the Trust. Officers and employees of the Trust

18 may be appointed and compensated without regard to the

19 provisions of title 5, United States Code, governing ap20 pointments in the competitive service, and may be paid

21 without regard to the provisions of chapter 51, and sub22 chapter III of chapter 53, title 5, United States Code (relat23 ing to classification and General Schedule pay rates), ex24 cept that no such officer or employee may receive a salary

25 which exceeds the salary payable to officers or employees
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1 of the United States classified a level IV of the Executive

2 Schedule.

3 (g) EXPERTS AND CONSULTANTS.—The Board of Di4 rectors is authorized to procure the services of experts or

5 consultants, or organizations, including but not limited to

6 urban planners, architects, engineers, and appraisers.

7 (h) AUTHORITIES.—In exercising its powers and du8 ties, the Trust shall act in accordance with both the ap9 proved General Management Plan, as amended (hereinafter

10 in this Act referred to as the ‘‘Plan’’) and the Act entitled

11 ‘‘An Act to establish the Golden Gate National Recreation

12 Area in the State of California, and for other purposes’’,

13 approved October 27, 1972 (Public Law 92–589: 86 Stat.

14 1299; 16 U.S.C. 460bb), and have the following authorities:

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

16 and repair those properties within the Presidio which

17 are transferred to the Trust by the Secretary.

18 (2) The Trust shall publish and disseminate in19 formation and make known to potential occupants, by

20 advertisement, solicitation, or other means, the avail21 ability of the property within the Presidio which the

22 Trust manages.

23 (3) The Trust may prepare or cause to be pre24 pared plans, specifications, designs, and estimates of

25 costs for the rehabilitation, improvement, alteration,
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1 or repair of any property managed by the Trust, and

2 from time to time may modify such plans, specifica3 tions, designs, or estimates.

4 (4) The Trust may negotiate and enter into con5 tracts, including leases, cooperative agreements, or

6 other agreements with any person, firm, association,

7 organization, corporation, or governmental entity for

8 the occupancy of any property within the Presidio

9 which the Trust manages. Such leases may be entered

10 into without regard to section 321 of chapter 314 of

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

12 (5) The Trust shall establish procedures to be

13 used for the issuance of leases and contracts under

14 this Act.

15 (6) The Trust shall establish (through easements,

16 covenants, regulations, agreements, or otherwise) such

17 restrictions, standards, and requirements as are nec18 essary to assure the maintenance, protection, and aes19 thetic character of the property managed by the

20 Trust.

21 (7) The Trust may make commercially reason22 able loans to the occupants of property managed by

23 the Trust for the preservation, restoration, mainte24 nance, or repair of such property.
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1 (8) The Trust may provide technical assistance

2 to the occupants of property managed by the Trust,

3 to assist such occupants in making repairs or im4 provements to the property or applying for loans

5 under paragraph (7) of this section.

6 (9) The Trust and the Secretary may solicit and

7 the Trust may accept donations of funds, property,

8 supplies, or services from individuals, foundations,

9 corporations, and other private entities, and from

10 public entities, for the purpose of carrying out its du11 ties. Contributions, gifts, and other transfers made to

12 or for the use of the Trust shall be regarded as con13 tributions, gifts or transfers to or for the use of the

14 United States.

15 (10) The Trust may retain any revenues from

16 leases or other agreements concerning property man17 aged by the Trust, including preexisting leases or

18 agreements and any donations, and use the proceeds

19 without further appropriation to offset any costs for

20 any function of the Trust authorized by this Act, ex21 cept for those moneys transferred to the Secretary as

22 stipulated in paragraph (11).

23 (11) The Secretary and the Trust shall agree on

24 an amount of revenues received by the Trust to be

25 transferred to the Secretary, to be applied by the Sec-
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1 retary, without further appropriation or offset to ap2 propriation, for common operating and maintenance

3 expenses at the Presidio.

4 (12) If at any time the moneys available to the

5 Trust are insufficient to enable the Trust to discharge

6 its responsibilities under this Act, the Trust may,

7 without further appropriation, issue to the Secretary

8 of the Treasury notes or other obligations in such

9 forms and denominations, bearing such maturities,

10 and subject to such terms and conditions, as may be

11 prescribed by the Secretary of the Treasury. No funds

12 appropriated to the Trust may be used for redemption

13 of such notes or obligations. Such notes or other obli14 gations shall bear interest at a rate determined by the

15 Secretary of the Treasury, taking into consideration

16 current market yields on outstanding marketable obli17 gations of the United States of comparable maturities.

18 The Secretary of the Treasury shall purchase any

19 notes or other obligations issued hereunder and for

20 that purpose the Secretary is authorized to use as a

21 public debt transaction the proceeds from the sale of

22 any securities issued under chapter 31 of title 31, the

23 United States Code, and the purposes for which secu24 rities may be issued under that Act are extended to

25 include any purchase of such notes or obligations ac-
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1 quired by him under this subsection. The Secretary of

2 the Treasury may at any time sell any notes or other

3 obligations acquired by him under this subsection.

4 The Trust may borrow money privately to carry out

5 the Trust’s duties, obligations, and responsibilities.

6 (12)(A) The Trust may not (directly or

7 indirectly) borrow funds from any source

8 other than the Secretary of the Treasury

9 as provided in this paragraph.

10 (B) Except as provided in subpara11 graph (F), if at any time the funds avail12 able to the Trust are insufficient to en13 able the Trust to discharge its respon14 sibilities under this Act, the Trust may

15 issue obligations to the Secretary of the

16 Treasury, but only if the Secretary of the

17 Treasury agrees to purchase such obliga18 tions after determining that the projects

19 to be funded from the proceeds thereof

20 are credit worthy.

21 (C) The aggregate amount of obliga22 tions issued under this paragraph which

23 are outstanding at any one time may not

24 exceed $150,000,000.
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1 (D) Obligations issued under this

2 paragraph—

3 (i) shall be in such forms and de4 nominations, bearing such maturities,

5 and subject to such terms and condi6 tions, as may be prescribed by the

7 Secretary of the Treasury, and

8 (ii) shall bear interest at a rate

9 determined by the Secretary of the

10 Treasury, taking into consideration

11 current market yields on outstanding

12 marketable obligations of the United

13 States of comparable maturities.

14 (E) No funds appropriated to the

15 Trust may be used for repayment of prin16 cipal or interest on, or redemption of, ob17 ligations issued under this paragraph.

18 (F) The Secretary of the Treasury

19 may purchase obligations issued under

20 this paragraph only to the extent pro21 vided in advance in appropriation Acts.

22 (13) Upon the request of the Trust, the Secretary

23 of the Treasury shall invest excess moneys of the Trust

24 in public debt securities with maturities suitable to

25 the needs of the Trust, as determined by the Trust,
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1 and bearing interest at rates determined by the Sec2 retary of the Treasury, taking into consideration cur3 rent market yields on outstanding marketable obliga4 tions of the United States of comparable maturity.

5 (14) The Trust may enter into and perform such

6 contracts and other transactions with any person,

7 firm, association, organization, corporation or gov8 ernmental entity as may be necessary or appropriate

9 to the conduct of activities authorized under this Act.

10 (15) The Trust may execute all instruments nec11 essary or appropriate in the exercise of any of its

12 functions under this Act, and may delegate to the Ex13 ecutive Director such of its powers and responsibil14 ities as it deems appropriate and useful for the ad15 ministration of the Trust.

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

17 donation, or otherwise, such goods and services as

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

19 of the termination of the Trust, all property and un20 expended funds shall be transferred to the Department

21 of the Interior, except that such funds shall only be

22 expended for the purposes of this Act.

23 (17) The Trust shall procure insurance against

24 any loss in connection with the properties managed

25 by it as is reasonable and customary; and shall pro-
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1 cure such additional insurance for losses arising out

2 of any of its authorized activities as is reasonable and

3 customary.

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

5 All litigation arising out of the activities of the Trust

6 shall be conducted by the Attorney General; the Trust

7 may retain private attorneys to provide advice and

8 counsel on transactional issues.

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

10 bylaws, rules, and regulations governing the manner

11 in which its business may be conducted and the pow12 ers vested in it may be exercised.

13 (20) The Trust shall have perpetual succession.

14 (21) The Trust shall have an official seal selected

15 by the Board which shall be judicially noticed.

16 (22) The Trust shall have all necessary and

17 proper powers for the exercise of the authorities in18 vested in it.

19 (23) For purposes of complying with section 106

20 of the National Historic Preservation Act, the Trust

21 may work directly with the National Park Service,

22 the State Historic Preservation Office, and the Advi23 sory Council on Historic Preservation and enter into

24 programmatic agreements, where appropriate.
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1 (i) USE OF FEDERAL PERSONNEL, FACILITIES, AND

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

3 departments and agencies may provide personnel, facilities,

4 and other administrative services to the Trust to assist it

5 in carrying out its duties under this Act. Furthermore, the

6 Secretary and the heads of other Federal departments and

7 agencies may loan or donate to the Trust excess or surplus

8 personal property deemed necessary for the management of

9 the Presidio.

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

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

12 people, the Trust is hereby declared to be devoted to an es13 sential public and governmental function and purpose and

14 shall be exempt from all taxes and special assessments of

15 every kind of the United States, the State of California, and

16 its political subdivisions, including the City and County

17 of San Francisco.

18 (k) VOLUNTEERS.—The Secretary may accept, without

19 regard to the Civil Service classification laws, rules, or reg20 ulations, the services of the Trust, the Board, and the offi21 cers, and employees and consultants of the Board, without

22 compensation from the Department of the Interior, as vol23 unteers in the performance of the functions authorized here24 in, in the manner provided for under the Volunteers in the

25 Parks Act of 1969 (16 U.S.C. 18g et seq.).
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1 (l) SAVINGS CLAUSE.—Nothing in this section shall

2 preclude the Secretary from exercising any of his or her

3 lawful powers within the Presidio.

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

5 that affirmative steps are taken, consistent with other Fed6 eral law, to afford equal access and equal opportunities for

7 leases, concessions, contracts, subcontracts, and other con8 tracting and employment opportunities to minorities,

9 women, and other socially and economically disadvantaged

10 individuals, commensurate with local availability.

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

12 the Trust shall be available for inspection by the Secretary,

13 the Inspector General of the Department of the Interior, and

14 the Comptroller General at any time and shall be audited

15 by a reputable firm of certified public accountants not less

16 frequently than once each year. Such audit shall be made

17 available to the Secretary and the Congress. The Trust shall

18 be subject to the provisions of the Government Corporation

19 Control Act (31 U.S.C. 9109 et seq.), including the budget

20 and credit provisions, except that the Trust shall submit

21 its budget through and in consultation with the Secretary.

22 (o) LEASING.—In managing and leasing the properties

23 transferred to it, the Trust should consider the extent to

24 which prospective tenants maximize the contribution to the

25 implementation of the General Management Plan and to
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1 the generation of revenues to offset costs of the Presidio. If

2 the Trust has difficulty securing a tenant for a property

3 under its control, it may enter into negotiation with a pro4 spective tenant whose proposed use may be inconsistent

5 with the approved General Management Plan. The Trust

6 may not enter into a lease which is inconsistent with the

7 approved General Management Plan unless the Secretary

8 makes a finding that the proposed lease will not have a

9 detrimental effect on the natural, historical, scenic and rec10 reational values for which the Golden Gate National Recre11 ation Area was established. For major leasing actions, the

12 Trust shall submit the proposed lease to the Secretary of

13 the Interior or his designee for a period of 10 working days

14 for his review of the lease for consistency with the General

15 Management Plan. Before executing the lease, the Trust

16 shall consider issues of consistency raised by the Secretary

17 or his designee.

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

19 penal statutes relating to the larceny, embezzlement, or con20 version of public moneys or property of the United States

21 shall apply to the moneys and property of the Trust.

22 (2) With respect to the public or Federal contracts for

23 the acquisition of goods and services, the Trust shall be ex24 empt from the following laws and attendant regulations:
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1 (A) The Federal Property and Administrative

2 Services Act (40 U.S.C. 471 et seq. and 41 U.S.C.

3 251–260).

4 (B) The Office of Federal Procurement Policy

5 (41 U.S.C. 401 through 424).

6 (C) Section 111 of the Act of June 30, 1949 (40

7 U.S.C. 759).

8 (D) The Contract Disputes Act of 1978 (41

9 U.S.C. 601–612).

10 (q) GOLDEN GATE NATIONAL RECREATION AREA AD11 VISORY COMMISSION.—The Trust shall maintain liaison

12 with the Golden Gate National Recreation Area Advisory

13 Commission in matters relating to the General Management

14 Plan, and shall meet with the Commission at least annu15 ally.

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

17 interests and assets of the Trust shall revert to the United

18 States to be administered by the Secretary.

19 (s) REPORT.—The Trust shall transmit to the Sec20 retary and the Congress, annually each January, a com21 prehensive and detailed report of its operations, activities,

22 and accomplishments for the prior fiscal year. The report

23 also shall include a section that describes, in general terms,

24 the Trust’s goals for the current fiscal year. The portion

25 of the report containing the audited financial statement
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1 may be submitted at a later date, but no later than the

2 first day of March of such year.

3 (t) AUTHORIZATION OF APPROPRIATIONS FOR PRE4 SIDIO.—For purposes of the Presidio, including the Presidio

5 Trust, there is authorized to be appropriated to the Sec6 retary such sums as may be necessary, but the aggregate

7 of funds appropriated for purposes of the Presidio under

8 this subsection and under the Act entitled ‘‘An Act to estab9 lish the Golden Gate National Recreation Area in the State

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

11 27, 1972 (Public Law 92–589; 86 Stat. 1299; 16 U.S.C.

12 460bb) may not exceed $25,000,000 in any one fiscal year.

13 Funds appropriated under this Act (other than funds ap14 propriated for operations) remain available until expended.

15 (u) SEPARABILITY OF PROVISIONS.—If any provisions

16 of this Act or the application thereof to any body, agency,

17 situation, or circumstance is held invalid, the remainder

18 of the Act and the application of such provision to other

19 bodies, agencies, situations, or circumstances shall not be

20 affected thereby.

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

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

23 Act), and the provisions of the Service Contract Act of 1965

24 (41 U.S.C. 351 et seq.), shall apply to the Corporation. All

25 laborers and mechanics employed on the construction, reha-
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1 bilitation, reconstruction, alteration, or repair of projects

2 funded in whole or in part by the Corporation and projects

3 financed in whole or in part by loans, grants, loan guaran4 tees, or any other assistance by the Corporation shall be

5 paid wages at rates not less than those prevailing on

6 projects of a similar character in the locality as determined

7 by the Secretary of Labor in accordance with the Act of

8 March 3, 1931 (40 U.S.C. 276a et seq.; commonly known

9 as the Davis-Bacon Act). The Secretary of Labor shall have,

10 with respect to the labor standards specified in this section,

11 the authority and functions set forth in Reorganization

12 Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267)

13 and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).

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