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
Presidio under the jurisdiction of the Secretary
of the Interior.
AUGUST 9, 1994
Reported from the Committee on Ways and Means with
amendments
AUGUST 9, 1994
Committee on Government Operations discharged; com-
mitted to the Committee of the Whole House on the
State of the Union and ordered to be printed
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. ABER-
CROMBIE, 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-AL-
LARD, 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
•HR 3433 RH2
JULY 21, 1994
Additional sponsors: Mr. ENGEL, Mr. GEPHARDT, Mr. GILMAN, Mr. JEFFER-
SON, 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 Re-
sources 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 Commit-
tee 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that—
(1) the Presidio of San Francisco, located amidst
the incomparable scenic splendor of the Golden Gate,
is one of America’s great natural and historic sites;
(2) the Presidio is the oldest continually operat-
ing military post in the Nation dating from 1776,
and was designated as a National Historic Landmark
in 1962;
(3) preservation of the cultural and historic in-
tegrity of the Presidio for public use would give due
recognition to its significant role in the history of the
United States;
(4) the Presidio in its entirety will transfer to
the jurisdiction of the National Park Service on Sep-
tember 30, 1994, in accordance with Public Law 92–
589;
(5) as part of the Golden Gate National Recre-
ation Area, the Presidio’s outstanding natural, his-
toric, scenic, cultural and recreational resources must
be managed in a manner which is consistent with
sound principles of land use planning and manage-
ment, and which protect the Presidio from develop-
•HR 3433 RH2
ment and uses which would destroy the scenic beauty
and natural character of the area;
(6) activities and management at the Presidio
must be consistent with both the Act establishing the
Golden Gate National Recreation Area (Public Law
92–589) and the General Management Plan for the
Golden Gate National Recreation Area, as amended;
(7) the Presidio will be a global center dedicated
to addressing the world’s most critical environmental,
social, and cultural challenges and a working labora-
tory at which models of environmental sustainability
shall be developed;
(8) the Presidio, as an urban park, will be man-
aged in a manner that is responsive to the concerns
of the public and cognizant of its impact on the local
community, and as a public resource, will reflect, in
both activities and management, of the diversity that
exists in the surrounding community; and
(9) the Presidio will be managed in an innova-
tive public/private partnership that minimizes cost to
the United States Treasury and makes efficient use of
private sector resources that could be utilized in the
public interest.
•HR 3433 RH2
SEC. 2. AMENDMENT OF ACT ESTABLISHING GOLDEN GATE
NATIONAL RECREATION AREA.
(a) STATEMENT OF PURPOSES.—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), is amended by inserting
the following after the second sentence: ‘‘In addition, the
Secretary may utilize the resources of the Presidio of San
Francisco to provide for and support programs and activi-
ties that foster research, education or demonstration
projects, and relate to the environment, energy, transpor-
tation, international affairs, arts and cultural understand-
ing, health and science.’’.
(b) ADMINISTRATION.—Section 4 of such Act is
amended by adding the following new subsection at the end
thereof:
‘‘(g) INTERIM AUTHORITY.—(1) In addition to other
available authorities, the Secretary may, in his discretion,
negotiate and enter into leases, as appropriate, with any
person, firm, association, organization, corporation or gov-
ernmental entity for the use of any property within the Pre-
sidio in accordance with the General Management Plan and
any of the purposes set forth in section 1 of this Act. The
Secretary may further, in his discretion, negotiate and
enter into leases or other appropriate agreements with any
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Federal agency to house employees of the agency engaged
in activities or programs at the Presidio.
‘‘(2) In addition to other available authorities, the Sec-
retary may, in his discretion, enter into—
‘‘(A) interagency permitting agreements or other
appropriate agreements with the Secretary of Defense
and the Director of the Federal Emergency Manage-
ment Agency, and
‘‘(B) leases with the American Red Cross, to
house their activities and employees at the Presidio.
‘‘(3) Any leases or other appropriate agreements en-
tered into under this subsection shall be subject to such pro-
cedures, terms, conditions and restrictions as the Secretary
deems necessary. The Secretary is authorized to negotiate
and enter into leases or other agreements, at fair market
value and without regard to section 321 of chapter 314 of
the Act of June 30, 1932 (40 U.S.C. 303b), fair market
value shall take into account the uses permitted by the Gen-
eral Management Plan and this Act. The preceding sentence
shall not apply to any interagency permitting agreement
entered into between the Secretary and the Secretary of De-
fense regarding the housing of activities and employees of
the Sixth United States Army. For purposes of any such
lease or other agreements, the Secretary may adjust the
rental by taking into account any amounts to be expended
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by the lessee for preservation, maintenance, restoration, im-
provement, repair and related expenses with respect to the
leased properties.
‘‘(4) The proceeds from leases under this subsection,
and from concession and other use authorizations and from
other services that may be provided by the recreation area
under this subsection shall be retained by the Secretary for
5 years after the date of enactment of this paragraph or
until the leased property is transferred to the Presidio Trust
and shall be available without further appropriation and
used to offset the costs of preservation, restoration, mainte-
nance, improvement, repair and related expenses including
administration of the above, incurred by the Secretary with
respect to Presidio properties, with the balance used to offset
other costs incurred by the Secretary in the administration
of the Presidio.
‘‘(5) Each lessee of a lease entered into under this sub-
section shall keep such records as the Secretary may pre-
scribe to enable the Secretary to determine that all terms
of the lease have been and are being faithfully performed.
The Secretary and the Comptroller General and their duly
authorized representatives shall, for the purpose of audit
and examination, have access to financial records pertinent
to the lease and all the terms and conditions thereof.
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‘‘(6) The Secretary shall annually prepare and submit
to Congress a report on property leased under this sub-
section.
‘‘(7) In addition to other available authorities, the Sec-
retary may, in his discretion, enter into cooperative agree-
ments and permits for any of the purposes of the recreation
area set out in section 1 of this Act.’’.
SEC. 3. THE PRESIDIO TRUST.
(a) ESTABLISHMENT.—There is established within the
Department of the Interior a non-profit public benefit gov-
ernment corporation to be known as the Presidio Trust
(hereinafter in this Act referred to as the ‘‘Trust’’). The
Trust 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),
and with this Act, the leasing, maintenance, rehabilitation,
repair and improvement of property within the Presidio
which is transferred to the Trust by the Secretary of the
Interior (hereinafter in this Act referred to as the ‘‘Sec-
retary’’). The Trust may participate in the development of
programs and activities at the properties that have been
transferred to the Trust.
•HR 3433 RH2
(b) TRANSFER.—Except as provided in this subsection,
the Secretary shall transfer to the Trust, under such terms
and conditions as the Secretary deems appropriate, a lease-
hold in the following properties within the Presidio under
the control of the Secretary: the Letterman-LAIR complex,
Fort Scott, Main Post, Cavalry Stables, Presidio Hill,
Wherry Housing, East Housing, the structures at Crissy
Field, and such other properties, within the Presidio as the
Secretary and the Trust deems appropriate. Any such prop-
erty shall be transferred within 60 days after a request is
made by the Trust. The leasehold shall be of sufficient term
to enable the Trust to obtain necessary and beneficial fi-
nancing arrangements and to carry out the purposes of this
Act. The Secretary may withhold transfer to the Trust of
any buildings necessary to house or support activities of
the National Park Service. The Secretary may not transfer
to the Trust any property irrevocably permitted to the De-
partment of Army. The Secretary shall transfer, with any
transferred property, all leases, concessions, licenses and
other agreements affecting such transferred property. The
Secretary may transfer any properties within the Presidio
to the Trust not requested by the Trust subject to terms and
conditions mutually agreed to by the Secretary and the
Trust. All proceeds received by the Presidio Trust from the
leasing of properties managed by the Trust within the Pre-
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sidio shall be retained by the Trust without further appro-
priation and used to offset the costs of administration, pres-
ervation, restoration, operation, maintenance, repair, and
related expenses incurred by the Trust with respect to such
properties. After any building or structure is transferred
to the Trust, no appropriated funds may be used to im-
prove, rehabilitate, or repair such building or structure, ex-
cept on an emergency basis.
(c) BOARD OF DIRECTORS.—(1) The powers and man-
agement of the Trust shall be vested in a Board of Directors
consisting of 13 members, as follows:
(A) The Director of the National Park Service.
(B) Secretary of the Army.
(C) Administrator of the Environmental Protec-
tion Agency.
(D) Ten individuals, who are not employees of
the Federal Government, appointed by the Secretary
within 6 months after the date of the enactment of
this Act, 6 of whom shall have knowledge and experi-
ence in one or more of the fields of the environment,
energy, transportation, international affairs, health,
science, education, or any other such field related to
the activities at the Presidio; 4 of whom shall have
knowledge and experience in one or more of the fields
of city planning, finance, real estate, labor or historic
•HR 3433 RH2
preservation. With respect to the 10 individuals, 5
shall meet the additional requirement of possessing
extensive knowledge of the region in which the Pre-
sidio is located.
Each member of the Board of Directors specified in sub-
paragraphs (A) through (C) paragraph (1) may designate
(through written notice to the Secretary and Chairman of
the Board) an alternative senior official (classified as Sen-
ior Executive Service) of his or her department or agency
who may serve on the Board in his or her stead. The Sec-
retary of the Army shall serve on the Board until such time
as the Sixth Army Headquarters ceases to maintain a pres-
ence at the Presidio. In such an event, the Secretary of En-
ergy shall replace the Secretary of the Army on the Board.
(d) TERMS OF BOARD MEMBERS.—Each member of
the Board of Directors appointed under subparagraph (D)
of subsection (c)(1) shall serve for a term of 5 years from
the expiration of his or her predecessor’s term; except that
the Secretary, in making the initial appointments to the
Board under subparagraph (D), shall appoint 3 Directors
to a term of 2 years and 3 Directors 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 or her
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predecessor was appointed. Each member shall continue to
serve after the expiration of his or her term until his or
her successor is appointed. No appointed director may serve
more than 10 years in consecutive terms.
(e) ORGANIZATION
AND
COMPENSATION.—(1) The
Board of Directors shall elect at the initial meeting a Chair-
man and a Vice Chairman from among the members of the
Board of Directors. The Director of the National Park Serv-
ice shall serve as Chairman until such time as the Board
holds such election.
(2) The Board of Directors may establish an Executive
Committee within the Board and other such committees
within the Board as it deems appropriate, and delegate
such powers to such committees as the Board determines
appropriate to carry out its functions and duties. Any such
committees established by the Board may meet and take ac-
tion on behalf of the Board between meetings to the extent
the Board delegates such authority. Delegations to such
committees shall not relieve the Board of full responsibility
for the carrying out of its functions and duties, and shall
be revocable by the Board in its exclusive judgment.
(3) Members of the Board of Directors shall serve with-
out pay, but may be reimbursed for the actual and nec-
essary traveling and subsistence expenses incurred by them
in the performance of the duties of the Trust.
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(4) The Board of Directors shall meet at the call of
the Chairman, who shall require it to meet not less often
than once every 6 months. A majority of the members of
the Board of Directors (or their designated alternates) shall
constitute a quorum. The Board shall hold at least one pub-
lic meeting per year at the Presidio at which time the
Board shall report on its operations, accomplishments and
goals for the upcoming year.
(5) Members of the Board of Directors shall not be con-
sidered Federal employees by virtue of their membership on
the Board, except for purposes of the Federal Tort Claims
Act and other statutes defining legal liability.
(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 Trust as may be necessary for the efficient adminis-
tration of the Trust. Officers and employees of the Trust
may be appointed and compensated without regard to the
provisions of title 5, United States Code, governing ap-
pointments in the competitive service, and may be paid
without regard to the provisions of chapter 51, and sub-
chapter III of chapter 53, title 5, United States Code (relat-
ing to classification and General Schedule pay rates), ex-
cept that no such officer or employee may receive a salary
which exceeds the salary payable to officers or employees
•HR 3433 RH2
of the United States classified a level IV of the Executive
Schedule.
(g) EXPERTS AND CONSULTANTS.—The Board of Di-
rectors 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 du-
ties, the Trust shall act in accordance with both the ap-
proved General Management Plan, as amended (hereinafter
in this Act referred to as the ‘‘Plan’’) and 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 Trust shall manage, maintain, improve
and repair those properties within the Presidio which
are transferred to the Trust by the Secretary.
(2) The Trust shall publish and disseminate in-
formation and make known to potential occupants, by
advertisement, solicitation, or other means, the avail-
ability of the property within the Presidio which the
Trust manages.
(3) The Trust may prepare or cause to be pre-
pared plans, specifications, designs, and estimates of
costs for the rehabilitation, improvement, alteration,
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or repair of any property managed by the Trust, and
from time to time may modify such plans, specifica-
tions, designs, or estimates.
(4) The Trust may negotiate and enter into con-
tracts, including leases, cooperative agreements, or
other agreements with any person, firm, association,
organization, corporation, or governmental entity for
the occupancy of any property within the Presidio
which the Trust manages. Such leases may be entered
into without regard to section 321 of chapter 314 of
the Act of June 30, 1932 (40 U.S.C. 303b).
(5) The Trust shall establish procedures to be
used for the issuance of leases and contracts under
this Act.
(6) The Trust shall establish (through easements,
covenants, regulations, agreements, or otherwise) such
restrictions, standards, and requirements as are nec-
essary to assure the maintenance, protection, and aes-
thetic character of the property managed by the
Trust.
(7) The Trust may make commercially reason-
able loans to the occupants of property managed by
the Trust for the preservation, restoration, mainte-
nance, or repair of such property.
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(8) The Trust may provide technical assistance
to the occupants of property managed by the Trust,
to assist such occupants in making repairs or im-
provements to the property or applying for loans
under paragraph (7) of this section.
(9) The Trust and the Secretary may solicit and
the Trust may 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 du-
ties. Contributions, gifts, and other transfers made to
or for the use of the Trust shall be regarded as con-
tributions, gifts or transfers to or for the use of the
United States.
(10) The Trust may retain any revenues from
leases or other agreements concerning property man-
aged by the Trust, including preexisting leases or
agreements and any donations, and use the proceeds
without further appropriation to offset any costs for
any function of the Trust authorized by this Act, ex-
cept for those moneys transferred to the Secretary as
stipulated in paragraph (11).
(11) The Secretary and the Trust shall agree on
an amount of revenues received by the Trust to be
transferred to the Secretary, to be applied by the Sec-
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retary, without further appropriation or offset to ap-
propriation, for common operating and maintenance
expenses at the Presidio.
(12) If at any time the moneys available to the
Trust are insufficient to enable the Trust to discharge
its responsibilities under this Act, the Trust may,
without further appropriation, issue to the Secretary
of the Treasury notes or other obligations in such
forms and denominations, bearing such maturities,
and subject to such terms and conditions, as may be
prescribed by the Secretary of the Treasury. No funds
appropriated to the Trust may be used for redemption
of such notes or obligations. Such notes or other obli-
gations shall bear interest at a rate determined by the
Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable obli-
gations of the United States of comparable maturities.
The Secretary of the Treasury shall purchase any
notes or other obligations issued hereunder and for
that purpose the Secretary is authorized to use as a
public debt transaction the proceeds from the sale of
any securities issued under chapter 31 of title 31, the
United States Code, and the purposes for which secu-
rities may be issued under that Act are extended to
include any purchase of such notes or obligations ac-
•HR 3433 RH2
quired by him under this subsection. The Secretary of
the Treasury may at any time sell any notes or other
obligations acquired by him under this subsection.
The Trust may borrow money privately to carry out
the Trust’s duties, obligations, and responsibilities.
(12)(A) The Trust may not (directly or
indirectly) borrow funds from any source
other than the Secretary of the Treasury
as provided in this paragraph.
(B) Except as provided in subpara-
graph (F), if at any time the funds avail-
able to the Trust are insufficient to en-
able the Trust to discharge its respon-
sibilities under this Act, the Trust may
issue obligations to the Secretary of the
Treasury, but only if the Secretary of the
Treasury agrees to purchase such obliga-
tions after determining that the projects
to be funded from the proceeds thereof
are credit worthy.
(C) The aggregate amount of obliga-
tions issued under this paragraph which
are outstanding at any one time may not
exceed $150,000,000.
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(D) Obligations issued under this
paragraph—
(i) shall be in such forms and de-
nominations, bearing such maturities,
and subject to such terms and condi-
tions, as may be prescribed by the
Secretary of the Treasury, and
(ii) shall bear interest at a rate
determined by the Secretary of the
Treasury, taking into consideration
current market yields on outstanding
marketable obligations of the United
States of comparable maturities.
(E) No funds appropriated to the
Trust may be used for repayment of prin-
cipal or interest on, or redemption of, ob-
ligations issued under this paragraph.
(F) The Secretary of the Treasury
may purchase obligations issued under
this paragraph only to the extent pro-
vided in advance in appropriation Acts.
(13) Upon the request of the Trust, the Secretary
of the Treasury shall invest excess moneys of the Trust
in public debt securities with maturities suitable to
the needs of the Trust, as determined by the Trust,