IIA
103D CONGRESS
2D SESSION H. R. 5231
IN THE SENATE OF THE UNITED STATES
OCTOBER 7 (legislative day, SEPTEMBER 12), 1994
Received
OCTOBER 8 (legislative day, SEPTEMBER 12), 1994
Read twice and referred to the Committee on Energy and Natural Resources
AN ACT
To provide for the management of protions of the Presido
under the jurisdiction of the Secretary of the Interior
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 Gold-
en Gate, is one of America’s great natural and his-
toric 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 Land-
mark 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 man-
agement, and which protect the Presidio from devel-
opment 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 dedi-
cated to addressing the world’s most critical environ-
mental, social, and cultural challenges and a working
laboratory at which models of environmental sustain-
ability 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.
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 in-
serting the following after the second sentence: ‘‘In addi-
tion, the Secretary may utilize the resources of the Pre-
sidio of San Francisco to provide for and support pro-
grams and activities that foster research, education or
demonstration projects, and relate to the environment, en-
ergy, transportation, international affairs, arts and cul-
tural understanding, 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
Presidio in accordance with the General Management Plan
and any of the purposes set forth in section 1 of this Act.
‘‘(2) In addition to other available authorities, the
Secretary 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
Management 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
procedures, terms, conditions and restrictions as the Sec-
retary deems necessary. The Secretary is authorized to ne-
gotiate 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 General Management Plan and this Act. The pre-
ceding sentence shall not apply to any interagency permit-
ting agreement entered into between the Secretary and the
Secretary of Defense regarding the housing of activities
and employees of the Sixth United States Army. For pur-
poses of any such lease or other agreements, the Secretary
may adjust the rental by taking into account any amounts
to be expended by the lessee for preservation, mainte-
nance, restoration, improvement, repair and related ex-
penses 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 Sec-
retary for 5 years after the date of enactment of this para-
graph or until the leased property is transferred to the
Presidio Trust and shall be available without further ap-