II
Calendar No. 300
104TH CONGRESS
1ST SESSION
H. R. 1296
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 2 (legislative day, SEPTEMBER 5), 1995
Received; read twice and referred to the Committee on Energy and Natural
Resources
DECEMBER 22, 1995
Reported by Mr. MURKOWSKI, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To provide for the administration of certain Presidio
properties at minimal cost to the Federal taxpayer.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 1296 RS
SECTION 1. FINDINGS.
The Congress finds that—
(1) the Presidio, located amidst the incom-
parable scenic splendor of the Golden Gate, is one
of America’s great natural and historic sites;
(2) the Presidio is the oldest continuously oper-
ated military post in the Nation dating from 1776,
and was designated a National Historic Landmark
in 1962;
(3) preservation of the cultural and historic in-
tegrity of the Presidio for public use recognizes its
significant role in the history of the United States;
(4) the Presidio, in its entirety, is located with-
in the boundary of the Golden Gate National Recre-
ation Area, in accordance with Public Law 92–589;
(5) the Presidio’s significant natural, historic,
scenic, cultural, and recreational resources must be
managed in a manner which is consistent with sound
principles of land use planning and management,
and which protects the Presidio from development
and uses which would destroy the scenic beauty and
historic and natural character of the area; and
(6) the Presidio can best be managed through
an innovative public/private partnership that mini-
mizes cost to the United States Treasury and makes
HR 1296 RS
efficient use of private sector resources that could be
utilized in the public interest.
SEC. 2. AUTHORITY AND RESPONSIBILITY OF THE SEC-
RETARY OF THE INTERIOR.
(a) INTERIM AUTHORITY.—The Secretary of the In-
terior (hereinafter in this Act referred to as the ‘‘Sec-
retary’’) is authorized to manage leases in existence on
the date of this Act for properties under the Administra-
tive jurisdiction of the Secretary and located at the Pre-
sidio. Upon the expiration of any such lease, the Secretary
may extend such lease for a period terminating 6 months
after the first meeting of the Presidio Trust at which a
quorum is present. After the date of the enactment of this
Act, the Secretary may not enter into any new leases for
property at the Presidio to be transferred to the Presidio
Trust under this Act. Notwithstanding section 1341 of
title 31 of the United States Code, the proceeds from any
such lease shall be retained by the Secretary and such pro-
ceeds shall be available, without further appropriation, for
the preservation, restoration, operation and maintenance,
improvement, repair and related expenses incurred with
respect to Presidio properties. For purposes of any such
lease, the Secretary may adjust the rental by taking into
account any amounts to be expended by the lessee for
preservation, maintenance, restoration, improvement, re-
HR 1296 RS
pair and related expenses with respect to properties within
the Presidio.
(b) PUBLIC INFORMATION AND INTERPRETATION.—
The Secretary shall be responsible, in cooperation with the
Presidio Trust, for providing public interpretive services,
visitor orientation and educational programs on all lands
within the Presidio.
(c) OTHER.—Those lands and facilities within the
Presidio that are not transferred to the administrative ju-
risdiction of the Presidio Trust shall continue to be man-
aged by the Secretary. The Secretary and the Presidio
Trust shall cooperate to ensure adequate public access to
all portions of the Presidio.
(d) PARK SERVICE EMPLOYEES.—Notwithstanding
any other provision of law, the Trust shall have sole dis-
cretion over whether to employ persons previously em-
ployed by the National Park Service in the Department
of the Interior. Career employees of the National Park
Service, employed at the Presidio as of the time of the
transfer of lands and facilities to the Presidio Trust, shall
not be separated from the Service by reason of such trans-
fer.
SEC. 3. THE PRESIDIO TRUST.
(a) ESTABLISHMENT.—There is established a wholly
owned government corporation to be known as the Pre-