II

103D CONGRESS

1ST SESSION S. 1639

To provide for the management of portions of the Presidio under the

jurisdiction of the Secretary of the Interior, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8 (legislative day, NOVEMBER 2), 1993

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill;

which was read twice and referred to the Committee on Energy and

Natural Resources

A BILL

To provide for the management of portions of the Presidio

under the jurisdiction of the Secretary of the Interior,

and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Presidio Corporation

5 Establishment Act’’.

6 SEC. 2. ESTABLISHMENT.

7 (a) IN GENERAL.—There is established within the

8 Department of the Interior a public benefit corporation
2

•S 1639 IS

1 to be known as the Presidio Corporation (referred to in

2 this Act as the ‘‘Corporation’’).

3 (b) DUTIES.—The Corporation shall manage the

4 leasing, maintenance, rehabilitation, repair, and improve5 ment of property within the Presidio transferred pursuant

6 to section 2 in accordance with this Act, the approved

7 General Management Plan, (referred to in this Act as the

8 ‘‘Plan’’), and the Act entitled ‘‘An Act to establish the

9 Golden Gate National Recreation Area in the State of

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

11 1972 (16 U.S.C. 460bb).

12 (c) BOARD OF DIRECTORS.—

13 (1) COMPOSITION.—The powers and manage14 ment of the Corporation shall be vested in a Board

15 of Directors composed of—

16 (A) 9 voting members, including—

17 (i) the Director of the National Park

18 Service, or a designee of such Director;

19 (ii) the Secretary of the Army, or a

20 designee of such Secretary;

21 (iii) the Secretary of Transportation,

22 or a designee of such Secretary;

23 (iv) the Chairperson of the Golden

24 Gate National Park Association;
3

•S 1639 IS

1 (v) the mayor of the city of San Fran2 cisco;

3 (vi) 2 members to be appointed by the

4 Secretary of the Interior (referred to in

5 this Act as the ‘‘Secretary’’) from rec6 ommendations by the Speaker of the

7 House of Representatives and the Majority

8 Leader of the Senate, with national visi9 bility and knowledge and experience in one

10 or more of the fields of environmental

11 studies, city planning, finance, real estate,

12 engineering, or management; and

13 (vii) 2 members who shall be residents

14 of, and who shall be registered voters in,

15 the city and county of San Francisco, with

16 knowledge and experience in city planning,

17 finance, and real estate; and

18 (B) 5 nonvoting members, including—

19 (i) the Executive Director of the Na20 tional Trust for Historic Preservation;

21 (ii) the Chairman of the Golden Gate

22 National Recreation Area Advisory Com23 mission;
4

•S 1639 IS

1 (iii) a representative from among the

2 entities occupying property at the Presidio,

3 to be appointed by the Secretary; and

4 (iv) 2 members to be appointed by the

5 Secretary, with knowledge and experience

6 in one or more of the fields of city plan7 ning, finance, real estate, engineering, or

8 management.

9 (2) TERMS.—

10 (A) IN GENERAL.—Each member of the

11 Board of Directors appointed under clauses (vi)

12 and (vii) of paragraph (1)(A) shall serve for a

13 term of 4 years, except that of the initial ap14 pointments to the Board under clause (vii) of

15 paragraph (1)(A), one shall be appointed for a

16 term of 2 years, and one shall be appointed for

17 a term of 3 years.

18 (B) VACANCIES.—Any vacancy on the

19 Board of Directors shall be filled in the same

20 manner in which the original appointment was

21 made. Any member appointed to fill a vacancy

22 shall serve for the remainder of the term, if

23 any, for which the predecessor of such member

24 was appointed. Any member may continue to

25 serve after the expiration of the term of such
5

•S 1639 IS

1 member until a successor is appointed. No ap2 pointed member may serve more than 12 con3 secutive years.

4 (3) CHAIRPERSON AND VICE CHAIRPERSON.—

5 The Board of Directors shall elect a Chairperson

6 and a Vice Chairperson from among the members of

7 the Board of Directors.

8 (4) COMPENSATION.—

9 (A) IN GENERAL.—Each member of the

10 Board of Directors who is not an officer or em11 ployee of the Federal Government shall serve

12 without compensation. Each member of the

13 Board of Directors who is an officer or em14 ployee of the Federal Government shall serve

15 without compensation in addition to that re16 ceived for their services as an officer or em17 ployee of the Federal Government.

18 (B) TRAVEL EXPENSES.—Each member of

19 the Board of Directors shall be allowed travel

20 expenses while away from the home or regular

21 place of business of the member in the perform22 ance of services for the Corporation, including

23 per diem in lieu of subsistence, at rates author24 ized for employees of agencies under subchapter

25 I of chapter 57 of title 5, United States Code.
6

•S 1639 IS

1 (5) MEETINGS.—The Board of Directors shall

2 meet at the call of the Chairperson, who shall re3 quire the Board of Directors to meet not less often

4 than once every 90 days.

5 (6) QUORUM.—A majority of the members of

6 the Board of Directors shall constitute a quorum.

7 (7) STAFF.—

8 (A) IN GENERAL.—The Chairperson may

9 appoint and terminate an executive director and

10 such other additional personnel as may be nec11 essary for the efficient administration of the

12 Corporation. In selecting persons for appoint13 ment to the staff of the Corporation, other than

14 the executive director, priority consideration

15 shall be given to appointing staff (other than

16 the executive director) from among persons

17 with knowledge and experience in the fields of

18 finance and real estate (including property

19 management).

20 (B) COMPENSATION.—The Chairperson

21 may fix the compensation of the executive direc22 tor and such other personnel of the Corporation

23 without regard to the provisions of title 5, Unit24 ed States Code, relating to appointments in the

25 competitive service, and without regard to the
7

•S 1639 IS

1 provisions of chapter 51, and subchapter III of

2 chapter 53 of title 5, United States Code (relat3 ing to classification and General Schedule pay

4 rates).

5 (8) PROCUREMENT OF SERVICES OF EXPERTS

6 AND CONSULTANTS.—The Chairperson may procure

7 the services of experts or consultants, or organiza8 tions, including urban planners, architects, engi9 neers, and appraisers.

10 (9) CAPACITY TO SUE AND BE SUED.—The

11 Corporation may sue and be sued in its name, except

12 that the Directors of the Board shall not be person13 ally liable except for gross negligence.

14 (10) RULES GOVERNING CORPORATION.—The

15 Corporation may adopt, amend, and repeal bylaws,

16 rules, and regulations governing the manner in

17 which its business may be conducted and the powers

18 vested in it may be exercised.

19 (11) PERPETUAL SUCCESSION.—The Corpora20 tion shall have perpetual succession.

21 (12) OFFICIAL SEAL.—The Corporation shall

22 have an official seal selected by the Board which

23 shall be judicially noticed.

24 (13) AUTHORITY TO NEGOTIATE.—The Cor25 poration may negotiate directly with the State His-
8

•S 1639 IS

1 toric Preservation Office and the Advisory Council

2 on Historic Preservation to develop agreements con3 cerning the reuse of historic structures managed by

4 the Corporation, to maximize the potential for secur5 ing tenants.

6 (14) USE OF FEDERAL PERSONNEL, FACILI7 TIES, AND SERVICES.—The Secretary or other Cabi8 net officers may provide personnel, facilities, and

9 other administrative services to the Corporation to

10 assist it in carrying out its

11 duties under this Act.

12 (15) TAXES.—The Corporation shall be exempt

13 from all taxes and special assessments of every kind

14 of the United States, the State of California, and its

15 political subdivisions, including the city and county

16 of San Francisco.

17 (16) FINANCIAL RECORDS.—The financial

18 records of the Corporation shall be available for in19 spection by the Secretary at any time and shall be

20 audited by a reputable firm of certified public ac21 countants not less frequently than once each year.

22 Such audit shall be made available to the Secretary

23 and the Congress.

24 (17) APPLICATION OF OTHER LAWS.—All gen25 eral penal statutes relating to the larceny, embezzle-
9

•S 1639 IS

1 ment, or conversion of public moneys or property of

2 the United States shall apply to the moneys and

3 property of the Corporation.

4 (18) REVERSION.—In the event of failure or de5 fault, all interests and assets of the Corporation

6 shall revert to the United States to be administered

7 by the Secretary.

8 SEC. 3. LEASEHOLD.

9 (a) IN GENERAL.—The Secretary of the Interior shall

10 transfer to the Corporation, under such terms and condi11 tions as the Secretary determines appropriate, a leasehold

12 in the following properties within the Presidio:

13 (1) The Letterman-LAIR complex.

14 (2) Fort Scott.

15 (3) Main Post.

16 (4) Golden Gate.

17 (5) Cavalry Stables.

18 (6) Presidio Hill.

19 (7) Wherry Housing.

20 (8) East Housing.

21 (9) The structures at Crissy Field.

22 (10) Such other buildings within the Presidio as

23 the Secretary determines appropriate.

24 (b) TERM.—The term of the leasehold transferred

25 pursuant to subsection (a) shall be for a period sufficient
10

•S 1639 IS

1 to enable the Corporation to obtain the most beneficial fi2 nancing arrangements.

3 (c) BUILDINGS.—The Secretary shall not transfer to

4 the Corporation any buildings necessary to carry out the

5 activities of the National Park Service.

6 (d) TRANSFER OF EXISTING LEASEHOLDS.—The

7 Secretary shall transfer all leases existing on the date of

8 enactment of this Act affecting the property that is the

9 subject of the leasehold described in subsection (a).

10 SEC. 4. DUTIES AND AUTHORITIES.

11 (a) MANAGEMENT.—The Corporation shall manage,

12 maintain, improve, and repair the properties described in

13 section 3.

14 (b) ADVERTISEMENT.—The Corporation shall pub15 lish and disseminate information to potential occupants,

16 by advertisement, solicitation, or other means, regarding

17 the availability of the property within the Presidio man18 aged by the Corporation.

19 (c) PLANS.—The Corporation may prepare, or cause

20 to be prepared, plans, specifications, designs, and esti21 mates of costs for rehabilitating, improving, altering, or

22 repairing property managed by the Corporation, and from

23 time to time may modify such plans, specifications, de24 signs, or estimates.
11

•S 1639 IS

1 (d) AGREEMENTS.—The Corporation may enter into

2 contracts, including leases, cooperative agreements, or

3 other agreements, with any governmental entity, private

4 or nonprofit organization, individual, firm, association, or5 ganization, or corporation for the occupancy of property

6 within the Presidio managed by the Corporation.

7 (e) BIDDING PROCEDURES.—The Corporation shall

8 establish competitive bidding procedures to be used for the

9 issuance of leases and contracts under this Act.

10 (f) FEDERAL PROCUREMENT LAWS.—The Federal

11 procurement laws shall not apply to the Corporation.

12 (g) REGULATIONS.—The Corporation shall establish

13 (through easements, covenants, regulations, agreements,

14 or otherwise) such restrictions, standards, and require15 ments as are necessary to maintain and protect the prop16 erty managed by the Corporation.

17 (h) LOANS.—The Corporation may make loans to the

18 occupants of property managed by the Corporation for the

19 preservation, restoration, maintenance, or repair of such

20 property.

21 (i) TECHNICAL ASSISTANCE.—The Corporation may

22 provide technical assistance to occupants of property man23 aged by the Corporation, to repair or improve the property

24 or to apply for loans under subsection (h).
12

•S 1639 IS

1 (j) DONATIONS.—The Corporation may solicit and

2 accept donations of funds, property, supplies, or services

3 from individuals, foundations, corporations, and other pri4 vate entities, and from public entities, to carry out its du5 ties.

6 (k) REVENUES.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the Corporation may retain revenues from

9 leases or other agreements concerning property man10 aged by the Corporation, including preexisting leases

11 or agreements, and donations, and use the revenues

12 to defray the costs of administration, preservation,

13 restoration, operation, maintenance, repair, and re14 lated expenses incurred by the Corporation with re15 spect to such properties.

16 (2) AMOUNT TRANSFERRED TO SECRETARY.—

17 The Corporation shall transfer to the Secretary such

18 portion of the revenues described in paragraph (1)

19 as agreed to by the Board of Directors and the Sec20 retary. The Secretary shall expend the amount

21 transferred pursuant to this paragraph for the main22 tenance of the common property.

23 (l) AUTHORITY TO BORROW FUNDS.—
13

•S 1639 IS

1 (1) IN GENERAL.—The Corporation may bor2 row funds from public or private sources to carry

3 out the duties of the Corporation under this Act.

4 (2) EVIDENCE OF INDEBTEDNESS.—The Cor5 poration may issue evidence of indebtedness and

6 may provide collateral to secure such indebtedness

7 (including a mortgage or pledge of the interest of

8 the Corporation in revenues or the leasehold in prop9 erty described in section 3).

10 (3) LOANS FROM TREASURY.—The Corporation

11 may borrow funds from the Treasury of the United

12 States, in such amounts as may be authorized in ap13 propriations acts, to carry out the duties of the Cor14 poration under this Act. Loans from the Treasury

15 shall have such maturities, terms, and conditions as

16 agreed upon by the Corporation and the Secretary of

17 the Treasury, and may be redeemable at the option

18 of the Corporation before maturity.

19 (4) INVESTMENT.—Except with respect to

20 funds obtained from the Federal Government, the

21 Corporation may invest any funds not required for

22 immediate use or disbursement, with the approval of

23 the Secretary of the Treasury, in obligations of the

24 United States Government, or obligations the prin-
14

•S 1639 IS

1 cipal and interest that are guaranteed by the United

2 States Government.

3 (m) DELEGATION OF AUTHORITY.—The Corporation

4 may execute all instruments necessary or appropriate in

5 the exercise of any of its functions under this Act, and

6 may delegate to the executive director such of its powers

7 and responsibilities as are appropriate and useful for the

8 administration of the Corporation.

9 (n) PROCUREMENT OF GOODS AND SERVICES.—The

10 Corporation may obtain by purchase, rental, donation, or

11 otherwise, such goods and services as are necessary to

12 carry out its duties under this Act. In the event of the

13 termination of the Corporation, all property and unex14 pended funds shall be transferred to the Department of

15 the Interior.

16 (o) INSURANCE.—The Corporation shall procure in17 surance against any loss in connection with the properties

18 managed by the Corporation.

19 (p) VOLUNTEERS.—The Secretary may accept, with20 out regard to the Civil Service classification laws, rules,

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

22 and the officers and employees of the Board, without com23 pensation from the Department of the Interior, as volun24 teers in the performance of the functions authorized here-
15

•S 1639 IS

1 in, in the manner provided for under Public Law 91–357

2 (16 U.S.C. 18g et seq.).

3 (q) SAVINGS CLAUSE.—Nothing in this Act shall pre4 clude the Secretary from exercising any of the lawful pow5 ers of the Secretary within the Presidio.

6 (r) AFFIRMATIVE ACTION.—The Corporation shall

7 ensure that affirmative steps are taken, consistent with

8 other Federal law, to afford equal access and equal oppor9 tunities for leases, concessions, contracts, subcontracts,

10 and other contracting and employment opportunities to

11 minorities, women, and other socially and economically

12 disadvantaged individuals, commensurate with local avail13 ability.

14 SEC. 5. REPORT.

15 Not later than January 5 of each year, and at such

16 other times as it deems desirable, the Corporation shall

17 transmit to the Secretary and the Congress, a comprehen18 sive and detailed report of its operations, activities, and

19 accomplishments under this Act.

20 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

21 (a) IN GENERAL.—Except as provided in subsection

22 (b), there are authorized to be appropriated such sums

23 as are necessary to carry out this Act.

24 (b) LIMITATION.—The aggregate of funds made

25 available pursuant to this Act and the Act entitled ‘‘An
16

•S 1639 IS

1 Act to establish the Golden Gate National Recreation Area

2 in the State of California, and for other purposes’’, ap3 proved October 27, 1972 (16 U.S.C. 460bb) shall not ex4 ceed $25,000,000 in any fiscal year.

Æ