103D CONGRESS
2D SESSION
H. R. 5231
AN ACT
To provide for the management of portions of the Presidio
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.
hold shall be of sufficient term to enable the Trust to ob-
tain necessary and beneficial financing 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 Department of Army. The
Secretary shall transfer, with any transferred property, all
leases, concessions, licenses and other agreements affect-
ing such transferred property. The Secretary may transfer
any properties within the Presidio to the Trust not re-
quested by the Trust subject to terms and conditions mu-
tually agreed to by the Secretary and the Trust. All pro-
ceeds received by the Presidio Trust from the leasing of
properties managed by the Trust within the Presidio shall
be retained by the Trust without further appropriation
and used to offset the costs of administration, preserva-
tion, restoration, operation, maintenance, repair, and re-
lated expenses incurred by the Trust with respect to such
properties.
(c) BOARD OF DIRECTORS.—(1) The powers and
management 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 expe-
rience in one or more of the fields of the environ-
ment, energy, transportation, international affairs,
health, science, education, or any other such field re-
lated 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 preservation. With respect to the 10
individuals, 5 shall meet the additional requirement
of possessing extensive knowledge of the region in
which the Presidio 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 presence at the Presidio. In such an event, the Secretary
of Energy 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
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
Chairman and a Vice Chairman from among the members
of the Board of Directors. The Director of the National
Park Service shall serve as Chairman until such time as
the Board holds such election.
(2) The Board of Directors may establish an Execu-
tive Committee within the Board and other such commit-
tees within the Board as it deems appropriate, and dele-
gate such powers to such committees as the Board deter-
mines appropriate to carry out its functions and duties.
Any such committees established by the Board may meet
and take action on behalf of the Board between meetings
to the extent the Board delegates such authority. Delega-
tions 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
without pay, but may be reimbursed for the actual and
necessary traveling and subsistence expenses incurred by
them in the performance of the duties of the Trust.
(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 public 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
considered Federal employees by virtue of their member-
ship 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 employ-
ees of the Trust as may be necessary for the efficient ad-
ministration 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
appointments 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 (re-
lating to classification and General Schedule pay rates),
except that no such officer or employee may receive a sal-
ary which exceeds the salary payable to officers or employ-
ees of the United States classified a level IV of the Execu-
tive 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 (herein-
after 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 fol-
lowing 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
availability 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,
or repair of any property managed by the Trust, and
from time to time may modify such plans, specifica-
tions, designs, or estimates.
(4)(A) The Trust may negotiate and enter into
agreements, including contracts, leases, and coopera-
tive agreements, with any person including any gov-
ernmental entity) for the occupancy of any property
within the Presidio which the Trust manages.
(B) Agreements under this paragraph shall be
subject to procedures established by the Secretary
under paragraph (5).
(C) Agreements under this paragraph may be
entered into without regard to section 321 of the Act
of June 30, 1932 (40 U.S.C. 303b).
(5) The Secretary shall establish procedures for
agreements under paragraph (4), including a re-
quirement that in entering into such agreements the
Trust shall obtain such competition as is practicable
in the circumstances.
(6) The Trust shall establish (through ease-
ments, covenants, regulations, agreements, or other-
wise) such restrictions, standards, and requirements
as are necessary to assure the maintenance, protec-
tion, and aesthetic character of the property man-
aged 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.
(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-
functions under this Act, and may delegate to the
Executive Director such of its powers and respon-
sibilities as it deems appropriate and useful for the
administration of the Trust.
(16) The Trust may obtain by purchase, rental,
donation, or otherwise, such goods and services as
may be needed to carry out its duties. In the event
of the termination of the Trust, all property and un-
expended funds shall be transferred to the Depart-
ment of the Interior, except that such funds shall
only be expended for the purposes of this Act.
(17) The Trust shall procure insurance against
any loss in connection with the properties managed
by it as is reasonable and customary; and shall pro-
cure such additional insurance for losses arising out
of any of its authorized activities as is reasonable
and customary.
(18) The Trust may sue and be sued in its
name. All litigation arising out of the activities of
the Trust shall be conducted by the Attorney Gen-
eral; the Trust may retain private attorneys to pro-
vide advice and counsel on transactional issues.
(19) The Trust may adopt, amend, and repeal
bylaws, rules, and regulations governing the manner
in which its business may be conducted and the pow-
ers vested in it may be exercised.
(20) The Trust shall have perpetual succession.
(21) The Trust shall have an official seal se-
lected by the Board which shall be judicially noticed.
(22) The Trust shall have all necessary and
proper powers for the exercise of the authorities in-
vested in it.
(23) For purposes of complying with section
106 of the National Historic Preservation Act, the
Trust may work directly with the National Park
Service, the State Historic Preservation Office, and
the Advisory Council on Historic Preservation and
enter into programmatic agreements, where appro-
priate.
(i) USE OF FEDERAL PERSONNEL, FACILITIES, AND
SERVICES.—The Secretary and the heads of other Federal
departments and agencies may provide personnel, facili-
ties, and other administrative services to the Trust to as-
sist it in carrying out its duties under this Act. Further-
more, the Secretary and the heads of other Federal de-
partments and agencies may loan or transfer to the Trust
excess or surplus personal property deemed necessary for
the management of the Presidio.
(j) TAXES.—Since the exercise of the powers granted
by this section will be in all respects for the benefit of
the people, the Trust is hereby declared to be devoted to
an essential public and governmental function and purpose
and shall be exempt from all taxes and special assessments
of every kind of the State of California, and its political
subdivisions, including the City and County of San Fran-
cisco.
(k) VOLUNTEERS.—The Secretary may accept, with-
out regard to the Civil Service classification laws, rules,
or regulations, the services of the Trust, the Board, and
the officers, and employees and consultants of the Board,
without compensation from the Department of the Inte-
rior, as volunteers in the performance of the functions au-
thorized herein, in the manner provided for under the Vol-
unteers in the Parks Act of 1969 (16 U.S.C. 18g et seq.).
(l) SAVINGS CLAUSE.—Nothing in this section shall
preclude the Secretary from exercising any of his or her
lawful powers within the Presidio.
(m) AFFIRMATIVE ACTION.—The Trust shall ensure
that affirmative steps are taken, consistent with other
Federal law, to afford equal access and equal opportuni-
ties for leases, concessions, contracts, subcontracts, and
other contracting and employment opportunities to mi-
norities, women, and other socially and economically dis-
advantaged individuals, commensurate with local availabil-
ity.
(n) FINANCIAL RECORDS.—The financial records of
the Trust shall be available for inspection by the Sec-
retary, the Inspector General of the Department of the
Interior, and the Comptroller General at any time and
shall be audited by a reputable firm of certified public ac-
countants not less frequently than once each year. Such
audit shall be made available to the Secretary and the
Congress. The Trust shall be subject to the provisions of
the Government Corporation Control Act (31 U.S.C. 9109
et seq.), including the budget and credit provisions, except
that the Trust shall submit its budget through and in con-
sultation with the Secretary.
(o) LEASING.—In managing and leasing the prop-
erties transferred to it, the Trust should consider the ex-
tent to which prospective tenants maximize the contribu-
tion to the implementation of the General Management
Plan and to the generation of revenues to offset costs of
the Presidio. If the Trust has difficulty securing a tenant
for a property under its control, it may enter into negotia-
tion with a prospective tenant whose proposed use may
be inconsistent with the approved General Management
Plan. The Trust may not enter into a lease which is incon-
sistent with the approved General Management Plan un-
less the Secretary makes a finding that the proposed lease
will not have a detrimental effect on the natural, histori-
cal, scenic and recreational values for which the Golden
Gate National Recreation Area was established. For major
leasing actions, the Trust shall submit the proposed lease
to the Secretary of the Interior or his designee for a period
of 10 working days for his review of the lease for consist-
ency with the General Management Plan. Before executing
the lease, the Trust shall consider issues of consistency
raised by the Secretary or his designee.
(p) APPLICATION OF OTHER LAWS.—(1) All general
penal statutes relating to the larceny, embezzlement, or
conversion of public moneys or property of the United
States shall apply to the moneys and property of the
Trust.
(2)(A) Except as provided in subparagraphs (B) and
(C), Federal laws and regulations governing procurement
by Federal agencies shall apply to the Trust.
(B) The Secretary may authorize the Trust, in exer-
cising authority under section 303(g) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C.
253(g)) relating to simplified purchase procedures, to use
as the dollar limit of each purchase or contract under that
subsection an amount which does not exceed $500,000.