II
Calendar No. 621
103D CONGRESS
2D SESSION
H. R. 3433
IN THE SENATE OF THE UNITED STATES
AUGUST 23 (legislative day, AUGUST 18), 1994
Received; read twice and referred to the Committee on Energy and Natural
Resources
SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994
Reported by Mr. JOHNSTON, with an amendment and an amendent to the title
[Strike out all after the enacting clause and insert the part printed in italic]
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.
‘‘(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-
propriation and used to offset the costs of preservation,
restoration, maintenance, 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 Sec-
retary in the administration of the Presidio.
‘‘(5) Each lessee of a lease entered into under this
subsection shall keep such records as the Secretary may
prescribe to enable the Secretary to determine that all
terms of the lease have been and are being faithfully per-
formed. 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.
‘‘(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
Secretary may, in his discretion, enter into cooperative
agreements 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
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 the 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-
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, prop-
erty, supplies, or services from individuals, founda-
tions, corporations, and other private entities, and
from public entities, for the purpose of carrying out
its duties.
(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
Secretary, without further appropriation or offset to
appropriation, for common operating and mainte-
nance expenses at the Presidio.
(12)(A) The Trust may not (directly or indi-
rectly) borrow funds from any source other than the
Secretary of the Treasury as provided in this para-
graph.
(B) Except as provided in subparagraph (F), if
at any time the funds available to the Trust are in-
sufficient to enable the Trust to discharge its re-
sponsibilities under this Act, the Trust may issue
obligations to the Secretary of the Treasury, but
only if the Secretary of the Treasury agrees to pur-
chase such obligations after determining that the
projects to be funded from the proceeds thereof are
credit worthy.
(C) The aggregate amount of obligations issued
under this paragraph which are outstanding at any
one time may not exceed $150,000,000.
(D) Obligations issued under this paragraph—
(i) shall be in such forms and denomina-
tions, bearing such maturities, and subject to
such terms and conditions, as may be pre-
scribed 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 out-
standing marketable obligations of the United
States of comparable maturities.
(E) No funds appropriated to the Trust may be
used for repayment of principal or interest on, or re-
demption of, obligations issued under this para-
graph.
(F) The Secretary of the Treasury may pur-
chase obligations issued under this paragraph only
to the extent provided in advance in appropriation
Acts.
(13) Upon the request of the Trust, the Sec-
retary 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, and bearing interest at rates determined
by the Secretary of the Treasury, taking into consid-
eration current market yields on outstanding mar-
ketable obligations of the United States of com-
parable maturity.
(14) The Trust may enter into and perform
such contracts and other transactions with any per-
son, firm, association, organization, corporation or
governmental entity as may be necessary or appro-
priate to the conduct of activities authorized under
this Act.
(15) The Trust may execute all instruments
necessary or appropriate in the exercise of any of its
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.
(C) The Secretary may authorize the Trust, in carry-
ing out the requirement of section 18 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 416) to furnish
to the Secretary of Commerce for publication notices of
proposed procurement actions, to use as the applicable
dollar threshold for each expected procurement an amount
which does not exceed $1,000,000.
(q) GOLDEN GATE NATIONAL RECREATION AREA
ADVISORY COMMISSION.—The Trust shall maintain liai-
son with the Golden Gate National Recreation Area Advi-
sory Commission in matters relating to the General Man-
agement Plan, and shall meet with the Commission at
least annually.
(r) REVERSION.—In the event of failure or default,
all interests and assets of the Trust shall revert to the
United States to be administered by the Secretary.
(s) REPORT.—The Trust shall transmit to the Sec-
retary and the Congress, annually each January, a com-
prehensive and detailed report of its operations, activities,
and accomplishments for the prior fiscal year. The report
also shall include a section that describes, in general
terms, the Trust’s goals for the current fiscal year. The
portion of the report containing the audited financial
statement may be submitted at a later date, but no later
than the first day of March of such year.
(t) AUTHORIZATION OF APPROPRIATIONS FOR PRE-
SIDIO.—For purposes of the Presidio, including the Pre-
sidio Trust, there is authorized to be appropriated to the
Secretary such sums as may be necessary, but the aggre-
gate of funds appropriated for purposes of the Presidio
(excluding the Presidio Trust) under this subsection and
under 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 (Pub-
lic Law 92–589; 86 Stat. 1299; 16 U.S.C. 460bb) may
not exceed $25,000,000 in any one fiscal year. Funds ap-
propriated under this Act (other than funds appropriated
for operations) remain available until expended.
(u) SEPARABILITY OF PROVISIONS.—If any provi-
sions of this Act or the application thereof to any body,
agency, situation, or circumstance is held invalid, the re-
mainder of the Act and the application of such provision
to other bodies, agencies, situations, or circumstances
shall not be affected thereby.
(v) The provisions of the Act of March 3, 1931 (40
U.S.C. 276a et seq.; commonly known as the Davis-Bacon
Act), and the provisions of the Service Contract Act of
1965 (41 U.S.C. 351 et seq.), shall apply to the Trust.
All laborers and mechanics employed on the construction,
rehabilitation, reconstruction, alteration, or repair of
projects funded in whole or in part by the Trust and
projects financed in whole or in part by loans, grants, loan
guarantees, or any other assistance by the Trust shall be
paid wages at rates not less than those prevailing on
projects of a similar character in the locality as deter-
mined by the Secretary of Labor in accordance with the
Act of March 3, 1931 (40 U.S.C. 276a et seq.; commonly
known as the Davis-Bacon Act). The Secretary of Labor
shall have, with respect to the labor standards specified
in this section, the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (15 F.R.
3176; 64 Stat. 1267) and section 2 of the Act of June
13, 1934 (40 U.S.C. 276c).
SEC. 4. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in ex-
pending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1993 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING
NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the head of
each Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 6. PROHIBITION OF CONTRACTS.
It has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, such person shall be ineligible to receive any con-
tract or subcontract made with funds provided pursuant
to this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in section 9.400 through
9.409 of title 48, Code of Federal Regulations.
TITLE I—MANAGEMENT OF THE PRESIDIO
OF SAN FRANCISCO
SECTION 101. 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-
ment and uses which would destroy the scenic beauty
and natural character of the area; and
(6) 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. 102. AMENDMENT 
OF 
GOLDEN 
GATE 
NATIONAL
RECREATION AREA ESTABLISHMENT ACT.
(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.
‘‘(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
(or the Secretary of the military department con-
cerned) 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 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, or its functional equivalent.
For purposes of any such lease or other agreements, the Sec-
retary may adjust the rental by taking into account any
amounts to be expended by the lessee for preservation, main-
tenance, restoration, improvement, repair and related ex-
penses with respect to the leased properties.
‘‘(4) For a period of 5 years after the date of enactment
of this paragraph, or until the leased property is transferred
to the Presidio Trust, the proceeds from leases under this
subsection, and from concession and other use authoriza-
tions, and from other services that may be provided by the
recreation area under this subsection shall be retained by
the Secretary, and shall be available without further appro-
priation and used to offset the costs of preservation, restora-
tion, maintenance, improvement, repair and related ex-
penses 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.
‘‘(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.
‘‘(8) An annual audit or accounting of Army morale,
recreation, and welfare activities and costs at the Presidio,
as set forth by the interagency agreement, shall be audited
at the expense of the Department of Defense by an independ-
ent external auditor in accordance with applicable stand-
ards. Such audit or accounting reports shall be submitted
to the appropriate congressional committees.’’.
SEC. 103. 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 title 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 title, 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 title 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.
(b) TRANSFER.—(1) Except as provided in this sub-
section, the Secretary shall transfer to the Trust, under such
terms and conditions as the Secretary and the Trust deem
appropriate, a leasehold interest 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 (in-
cluding leasehold interests in utilities, roads, or other facili-
ties servicing the properties), within the Presidio as the Sec-
retary and the Trust deem appropriate.
(2) As soon as practicable after the date of enactment
of this title, the Secretary shall prepare a map identifying
properties to be conveyed or proposed to be conveyed to the
Trust. Upon its completion, such map shall be transmitted
to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Re-
sources of the United States House of Representatives.
(3) The conveyance of leasehold interests shall occur
within 60 days following such agreement(s) between the
Secretary and the Trust. The leasehold shall be of sufficient
term to enable the Trust to obtain necessary and beneficial
financing arrangements and to carry out the purposes of
this title. 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 trans-
fer to the Trust any property irrevocably permitted to the
Department of the 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 Pre-
sidio to the Trust not requested by the Trust subject to terms
and conditions mutually agreed to by the Secretary and
the Trust.
(4) All proceeds received by the Trust from the leasing
of properties managed by the Trust within the Presidio
shall be retained by the Trust without further appropria-
tion and used to offset the costs of administration, preserva-
tion, restoration, operation, maintenance, repair, and relat-
ed expenses incurred by the Trust with respect to such prop-
erties.
(5) After a leasehold interest in any building or struc-
ture is transferred to the Trust, no appropriated funds may
be used to improve, rehabilitate, or repair such building or
structure, except 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) Eleven individuals, who are not employees of
the Federal Government, appointed by the Secretary
within 6 months after the date of the enactment of
this title, 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
preservation. With respect to the 11 individuals, 5
shall meet the additional requirement of possessing
extensive knowledge of the region in which the Pre-
sidio is located.
(2) Each member of the Board of Directors specified
in subparagraphs (A) and (B) in paragraph (1) may des-
ignate (through written notice to the Secretary and Chair-
man of the Board) an alternative senior official (classified
as Senior Executive Service) of his or her department or
agency who may serve on the Board in his or her stead.
The Secretary of the Army shall serve on the Board of Di-
rectors until such time as the Sixth Army Headquarters
ceases to maintain a presence at the Presidio. In such an
event, the Secretary shall submit a recommendation to the
appropriate Congressional Committees setting forth a pro-
posed new membership structure of the Board of Directors.
(d) TERMS OF BOARD MEMBERS.—Each member of
the Board of Directors appointed under subparagraph (C)
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 (C), 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 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.
(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.
(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
of the United States classified at 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 title 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,
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 jointly established by the Sec-
retary and the Trust under paragraph (5).
(C) Agreements under this paragraph may be en-
tered into without regard to section 321 of the Act of
June 30, 1932 (40 U.S.C. 303b).
(5) The Secretary and the Trust shall jointly es-
tablish procedures for agreements under paragraph
(4), including a requirement that in entering into
such agreements the Trust shall obtain such competi-
tion as is practicable in the circumstances.
(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.
(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 may solicit and accept donations
of funds, property, supplies, or services from individ-
uals, foundations, corporations, and other private en-
tities, and from public entities, for the purpose of car-
rying out its duties.
(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 title, 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-
retary, without further appropriation or offset to ap-
propriation, for common operating and maintenance
expenses at the Presidio.
(12)(A) The Trust may not (directly or indi-
rectly) borrow funds from any source other than the
Secretary of the Treasury, as provided in this para-
graph.
(B)(i) If at any time the funds available to the
Trust are insufficient to enable the Trust to discharge
its responsibilities under this title, the Trust may
issue obligations to the Secretary of the Treasury, but
only if the Secretary of the Treasury agrees to pur-
chase such obligations after determining that the
projects to be funded from the proceeds thereof are
creditworthy.
(ii) The Secretary of the Treasury is authorized
to use as a public debt transaction the proceeds from
the sale of any securities issued under chapter 31 of
title 31, United States Code, and the purposes for
which securities may be issued under such chapter are
extended to include any purchase of such notes or ob-
ligations acquired by Secretary of the Treasury under
this subsection.
(C) The aggregate amount of obligations issued
under this paragraph which are outstanding at any
one time may not exceed $150,000,000.
(D) Obligations issued under this paragraph—
(i) shall be in such forms and denomina-
tions, bearing such maturities, and subject to
such terms and conditions, 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 outstand-
ing marketable obligations of the United States
of comparable maturities.
(E) No funds appropriated to the Trust may be
used for repayment of principal or interest on, or re-
demption of, obligations issued under this paragraph.
(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,
and bearing interest at rates determined by the Sec-
retary of the Treasury, taking into consideration cur-
rent market yields on outstanding marketable obliga-
tions of the United States of comparable maturity.
(14) The Trust may enter into and perform such
contracts and other transactions with any person,
firm, association, organization, corporation or gov-
ernmental entity as may be necessary or appropriate
to the conduct of activities authorized under this title.
(15) The Trust may execute all instruments nec-
essary or appropriate in the exercise of any of its
functions under this title, and may delegate to the
Executive Director such of its powers and responsibil-
ities as it deems appropriate and useful for the ad-
ministration 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 Department
of the Interior, except that such funds shall only be
expended for the purposes of this title.
(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
to the same extent as the Federal Government. All
litigation arising out of the activities of the Trust
shall be conducted by the Attorney General; the Trust
may retain private attorneys to provide 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 selected
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 Advi-
sory Council on Historic Preservation and enter into
programmatic agreements, where appropriate.
(i) USE OF FEDERAL PERSONNEL, FACILITIES, AND
SERVICES.—The Secretary and the heads of other Federal
departments and agencies may provide personnel, facilities,
and other administrative services to the Trust to assist it
in carrying out its duties under this title. Furthermore, the
Secretary and the heads of other Federal departments 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 es-
sential 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 sub-
divisions, including the City and County of San Francisco.
(k) VOLUNTEERS.—The Secretary may accept, without
regard to the Civil Service classification laws, rules, or reg-
ulations, the services of the Trust, the Board, and the offi-
cers, and employees and consultants of the Board, without
compensation from the Department of the Interior, as vol-
unteers in the performance of the functions authorized here-
in, in the manner provided for under the Volunteers 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 Fed-
eral law, to afford equal access and equal opportunities for
leases, concessions, contracts, subcontracts, and other con-
tracting and employment opportunities to minorities,
women, and other socially and economically disadvantaged
individuals, commensurate with local availability.
(n) FINANCIAL STATEMENTS.—The financial state-
ments of the Trust shall be available for inspection by the
Secretary, the Inspector General of the Department of the
Interior, and the Comptroller General at any time and shall
be audited in accordance with section 9105 of title 31, Unit-
ed States Code. Such audit shall be made available to the
Secretary and the Congress. Except as otherwise set forth
in this title, 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. The
Trust shall submit its budget through and in consultation
with the Secretary.
(o) LEASING.—In managing and leasing the properties
transferred to it, the Trust should consider the extent to
which prospective tenants maximize the contribution 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 negotiation with a pro-
spective tenant whose proposed use may be inconsistent
with the approved General Management Plan: Provided,
That the Trust may not enter into a lease which is incon-
sistent with the approved General Management Plan unless
the Secretary makes a finding that the proposed lease will
not have a detrimental effect on the natural, historical, sce-
nic and recreational values for which the Golden Gate Na-
tional Recreation Area was established. For major leasing
actions, the Trust shall submit the proposed lease to the Sec-
retary of the Interior or his designee for a period of 10
working days for his review of the lease for consistency 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 con-
version 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 exercis-
ing authority under section 303(g) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 253(g))
relating to simplified purchase procedures, to use as the dol-
lar limit of each purchase or contract under that subsection
an amount which does not exceed $500,000.
(C) The Secretary may authorize the Trust, in carry-
ing out the requirement of section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) to furnish to the
Secretary of Commerce for publication notices of proposed
procurement actions, to use as the applicable dollar thresh-
old for each expected procurement an amount which does
not exceed $1,000,000.
(q) GOLDEN GATE NATIONAL RECREATION AREA AD-
VISORY COMMISSION.—The Trust shall maintain liaison
with the Golden Gate National Recreation Area Advisory
Commission in matters relating to the General Management
Plan, and shall meet with the Commission at least annu-
ally.
(r) REVERSION.—In the event of failure or default, all
interests and assets of the Trust shall revert to the United
States to be administered by the Secretary.
(s) REPORT.—The Trust shall annually transmit to
the Secretary and the Congress a comprehensive and de-
tailed report of its operations, activities, and accomplish-
ments for the prior fiscal year. The report also shall include
a section that describes, in general terms, the Trust’s goals
for the current fiscal year. The portion of the report con-
taining the audited financial statement may be submitted
at a later date, but no later than the first day of March
of such year.
(t) AUTHORIZATION OF APPROPRIATIONS FOR PRE-
SIDIO.—For purposes of the Presidio, including the Presidio
Trust, there is authorized to be appropriated to the Sec-
retary such sums as may be necessary, but the aggregate
of funds appropriated for purposes of the Presidio (exclud-
ing the Presidio Trust) under this subsection and under 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) may not exceed
$25,000,000 in any one fiscal year. Funds appropriated
under this Act (other than funds appropriated for oper-
ations) remain available until expended.
(u) SEPARABILITY OF PROVISIONS.—If any provisions
of this Act or the application thereof to any body, agency,
situation, or circumstance is held invalid, the remainder
of the Act and the application of such provision to other
bodies, agencies, situations, or circumstances shall not be
affected thereby.
TITLE II—INITIATIVES PERTAINING TO
THE LOWER MISSISSIPPI DELTA REGION
SEC. 201. FINDINGS.
(a) The Congress finds that—
(1) in 1988, Congress enacted Public Law 100–
460, establishing the Lower Mississippi Delta Devel-
opment Commission, to assess the needs, problems,
and opportunities of people living in the Lower Mis-
sissippi Delta Region that includes 219 counties and
parishes within the States of Arkansas, Illinois, Ken-
tucky, Louisiana, Mississippi, Missouri, and Ten-
nessee;
(2) the Commission conducted a thorough inves-
tigation to assess these needs, problems, and opportu-
nities, and held several public hearings throughout the
Delta Region;
(3) on the basis of these investigations, the Com-
mission issued the Delta Initiatives Report, which in-
cluded recommendations on natural resource protec-
tion, historic preservation, and the enhancement of
educational and other opportunities for Delta resi-
dents;
(4) the Delta Initiatives Report recommended—
(A) designating the Great River Road as a
scenic byway, and designating other hiking and
motorized trails throughout the Delta Region;
(B) that the Federal Government identify
sites and structures of historic and prehistoric
importance throughout the Delta Region;
(C) the further study of potential new units
of the National Park System within the Delta
Region; and
(D) that Federal agencies target more mon-
ies in selected areas to institutions of higher edu-
cation in the Delta Region, especially Histori-
cally Black Colleges and Universities.
SEC. 202. DEFINITIONS.
As used in this title, the term—
(1) ‘‘Commission’’ means the Lower Mississippi
Delta Development Commission established pursuant
to Public Law 100–460;
(2) ‘‘Delta Initiatives Report’’ means the May
14, 1990 Final Report of the Commission entitled
‘‘The 
Delta 
Initiatives: 
Realizing 
the
Dream . . . Fulfilling the Potential’’;
(3) ‘‘Delta Region’’ means the Lower Mississippi
Delta Region including the 219 counties and parishes
within the States of Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee, as
defined in the Delta Initiatives Report, except that,
for any State for which the Delta Region as defined
in such report comprises more than half of the geo-
graphic area of such State, the entire State shall be
considered part of the Delta Region for purposes of
this title;
(4) ‘‘Department’’ means the United States De-
partment of the Interior, unless otherwise specifically
stated;
(5) ‘‘Historically Black College or University’’
means a college or university that would be consid-
ered a ‘‘part B institution’’ by section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2));
(6) ‘‘minority college or university’’ means a
Historically Black College or University that would
be considered a ‘‘part B institution’’ by section
322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)) or a ‘‘minority institution’’ as that
term is defined in section 1046 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1135d–5(3)).
(7) ‘‘Secretary’’ means the Secretary of the Inte-
rior, unless otherwise specifically stated.
SEC. 203. NATURAL RESOURCES AND ENVIRONMENTAL
EDUCATIONAL INITIATIVES.
(a) OFFICE OF EDUCATION.—(1) There shall be estab-
lished within the Department an Office of Education to en-
courage, support, and coordinate educations programs of
the Department at the elementary, secondary, college and
university, and graduate levels.
(2) The goals of the Office of Education shall be to—
(A) enhance the quality of education in the areas
of natural resources, the environment, the sciences,
cultural resource management, historic preservation,
archeology, aquaculture, and related subjects;
(B) establish initiatives at minority colleges or
universities;
(C) encourage the consideration of careers in the
areas of natural resources, the environment, the
sciences, cultural resource management, historic pres-
ervation, archeology, aquaculture, and related sub-
jects;
(D) enhance teacher development and recruit-
ment;
(E) increase research opportunities for teachers
and students;
(F) enhance curriculum development; and
(G) improve laboratory instrumentation and
equipment through purchase, loan, or other transfer
mechanisms.
(b) DUTIES.—The duties of the Secretary, through the
Office of Education, shall be to—
(1) coordinate the educational programs within
the Department, including implementation of pro-
grams established under this title, in order to ensure
the goals of the Office of Education are met; and
(2) inventory existing education programs with-
in the Department.
(c) REPORT.—The Secretary shall report to Congress,
within one year after the date of the enactment of this title
and annually thereafter, on an inventory of existing edu-
cation programs of the Department, the status of such pro-
grams, and progress toward meeting the goals of the Office
of Education as established in this Act.
(d) MINORITY COLLEGE
AND UNIVERSITY INITIA-
TIVE.—(1) Within one year after the date of enactment of
this title, and annually thereafter, the Secretary, through
the Office of Education, shall submit to the Committee on
Energy and Natural Resources of the United States Senate
and to the United States House of Representatives a report
identifying opportunities for minority colleges or univer-
sities to participate in programs and activities carried out
by the Department. The Secretary, through the Office of
Education, shall consult with representatives of minority
colleges or universities in preparing the report. Such report
shall—
(A) describe ongoing education and training pro-
grams carried out by the Department with respect to,
or in conjunction with, minority colleges or univer-
sities in the areas of natural resources, the environ-
ment, the sciences, cultural resource management, his-
toric preservation, archeology, aquaculture, and relat-
ed subjects;
(B) describe ongoing research, development or
demonstration programs involving the Department
and minority colleges or universities;
(C) describe funding levels for the programs re-
ferred to in subparagraphs (A) and (B);
(D) include specific proposals and recommenda-
tions for providing assistance to minority colleges and
universities to enter into memoranda of understand-
ing and other appropriate forms of agreement with
the Department in order to plan and develop pro-
grams to foster greater involvement of these schools in
the contract, research, education, training, and re-
cruitment activities of the Department;
(E) address the need for, and potential role of,
the Department in providing minority colleges or
universities with the following—
(i) increased research opportunities for fa-
cility and students;
(ii) assistance in faculty development and
recruitment;
(iii) curriculum enhancement and develop-
ment; and
(iv) improved laboratory instrumentation
and equipment, through purchase, loan, or other
transfer mechanisms.
(F) address the need for, and potential role of,
the Department in providing financial and technical
assistance for the development of infrastructure facili-
ties, including buildings and laboratory facilities, at
minority colleges or universities; and
(G) include specific proposals and recommenda-
tions, together with estimates of necessary funding
levels, for initiatives to be carried out by the Depart-
ment in order to assist minority colleges or univer-
sities in providing education and training in the
areas of natural resources, the environment, the
sciences, cultural resource management, historic pres-
ervation, archeology, aquaculture, and related sub-
jects.
(2) The Secretary, through the Office of Education,
shall encourage memoranda of understanding and other ap-
propriate forms of agreement between the Department and
minority colleges or universities directed at jointly plan-
ning and developing programs to foster greater involvement
of minority colleges or universities in the research, edu-
cation, training, and recruitment activities of the Depart-
ment.
(e) SCHOLARSHIP PROGRAM.—The Secretary, through
the Office of Education, shall establish a scholarship pro-
gram for students pursuing undergraduate or graduate de-
grees in natural resource and environmental related fields
including, but not limited to: biology, wildlife biology, for-
estry, botany, horticulture, historic preservation, cultural
resource management, archeology, anthropology, aqua-
culture, geology, engineering, the environment, the sciences,
and ecology at minority colleges and universities in the
Delta Region. The scholarship program shall include tui-
tion assistance. Recipients of such scholarships shall be stu-
dents deemed by the Secretary to have demonstrated—
(1) a need for such assistance; and
(2) academic potential in the particular area of
study.
(f) 
PRE-COLLEGE
EDUCATION.—The 
Secretary,
through the Office of Education, shall undertake activities
to encourage pre-college education programs in subjects re-
lating to natural resources, the environment, the sciences,
cultural resource management, historic preservation, arche-
ology, aquaculture, and related subjects, for students in the
Delta Region. Such activities shall include, but not be lim-
ited to, the following—
(1) cooperation with, and assistance to, State de-
partments of education and local school districts in
the Delta Region to develop and carry out afterschool
and summer education programs for elementary, mid-
dle, and secondary school students;
(2) cooperation with, and assistance to, institu-
tions of higher education in the Delta Region to de-
velop and carry out pre-college education programs
for elementary, middle, and secondary school students;
(3) cooperation with, and assistance to, State de-
partments of education and local school districts in
the Delta Region in the development and use of cur-
riculum and educational materials; and
(4) the establishment of education programs for
elementary, middle, and secondary school teachers in
the Delta Region at research facilities of the Depart-
ment.
(g) VOLUNTEER PROGRAM.—The Secretary, through
the Office of Education, shall establish and carry out a pro-
gram to encourage the involvement on a voluntary basis
of qualified employees of the Department in educational en-
richment programs relating to natural resources, the envi-
ronment, the sciences, cultural resource management, his-
toric preservation, archeology, aquaculture, and related sub-
jects, in cooperation with State departments of education
and local school districts in the Delta Region.
(h) WOMEN AND MINORITIES IN THE SCIENCES.—The
Secretary, through the Office of Education, shall establish
a Center for Excellence in the Sciences at Alcorn State in
Lorman, Mississippi, in cooperation with Southern Univer-
sity in Baton Rouge, Louisiana, and the University of Ar-
kansas at Pine Bluff, Arkansas, and other minority colleges
or universities for purposes of encouraging women and mi-
nority students in the Delta Region to study and pursue
careers in the sciences. The Center shall enter into coopera-
tive agreements with Southern University in Baton Rouge,
Louisiana, and the University of Arkansas at Pine Bluff,
Arkansas, and other minority colleges and universities in
the Delta Region, to carry out affiliated programs and co-
ordinate program activities at such colleges and univer-
sities. The Secretary is authorized to provide grants and
other forms of financial assistance to the Center.
(i) CENTER FOR AQUACULTURE STUDIES.—The Sec-
retary, through the Office of Education, shall establish a
Center for Aquaculture Studies at the University of Arkan-
sas at Pine Bluff, Arkansas, in cooperation with Southern
University in Baton Rouge, Louisiana, and Alcorn State
in Lorman, Mississippi, and other minority colleges or uni-
versities for purposes of encouraging women and minority
students in the Delta Region to study and pursue careers
in the field of aquaculture. The Center shall enter into coop-
erative agreements with Southern University in Baton
Rouge, Louisiana, and Alcorn State in Lorman, Mis-
sissippi, and other minority colleges or universities in the
Delta Region to carry out affiliated program and coordi-
nate program activities at such colleges or universities.
(j) COORDINATION WITH OTHER FEDERAL AGEN-
CIES.—The Secretary, through the Office of Education,
shall ensure that the programs authorized in this section
are coordinated with, and complimentary to, educational
assistance programs administered by other Federal agen-
cies. These agencies include, but are not limited to, the De-
partment of Energy, the Department of Agriculture, the De-
partment of Education, the Department of Defense, the Na-
tional Science Foundation, and the National Aeronautics
and Space Administration.
SEC. 204. LOWER MISSISSIPPI DELTA REGION HERITAGE
STUDY.
(a) IN GENERAL.—The Secretary, in consultation with
the States of the Delta Region, the Lower Mississippi Delta
Development Center, and other appropriate Delta Region
institutions, is directed to prepare and transmit to the Con-
gress within three years after the date of the enactment of
this title, a study of significant natural, recreational, his-
torical or prehistorical, and cultural lands, waters, sites,
and structures located within the Delta Region. This study
shall take into consideration the research and inventory of
resources conducted by the Mississippi River Heritage Cor-
ridor Study Commission.
(b) TRANSPORTATION ROUTES.—(1) The study shall
include recommendations on appropriate designation and
interpretation of historically significant roads, trails, by-
ways, waterways, or other routes within the Delta Region.
(2) In order to provide for public appreciation, edu-
cation, understanding, interpretation, and enjoyment of the
significant sites identified pursuant to subsection (a), which
are accessible by public roads, the Secretary shall rec-
ommend in the study vehicular tour routes along existing
public roads linking such sites within the Delta Region
(3) Such recommendations shall include an analysis
of designating the Great River Road (as depicted on the
map entitled ‘‘Proposed Delta Transportation Network’’ on
pages 102–103 of the Delta Initiatives Report) and other
sections of the Great River Road between Baton Rouge and
New Orleans, Louisiana and an analysis of designating
that portion of the Old Antonio Road and the Louisiana
Natchez Trace which extends generally along Highway 84
from Vidalia, Louisiana, to Clarence, Louisiana, and Lou-
isiana Highway 6 from Clarence, Louisiana, to the Toledo
Bend Reservoir, Louisiana, as a National Scenic Byway,
or as a component of the National Trails System, or such
other designation as the Secretary deems appropriate.
(4) The Secretary shall also recommend in the study
an appropriate route along existing public roads to com-
memorate the importance of timber production and trade
to the economic development of the Delta Region in the
early twentieth century, and to highlight the continuing im-
portance of timber production and trade to the economic
life of the Delta Region. Recommendations shall include an
analysis of designating that portion of US 165 which ex-
tends from Alexandria, Louisiana, to Monroe, Louisiana,
as a National Scenic Byway, or as a component of the Na-
tional Trails System, or such other designation as the Sec-
retary deems appropriate.
(5) The study also include a comprehensive recreation,
interpretive, and visitor use plan for the routes described
in the above paragraphs, including bicycle and hiking
paths, and make specific recommendations for the acquisi-
tion and construction or related interpretive and visitor in-
formation facilities at selected sites along such routes.
(6) The Secretary is authorized to make grants to
States for work necessary to stabilize, maintain, and widen
public roads to allow for adequate access to the nationally
significant sites and structures identified by the study, to
allow for proper use of the vehicular tour route, trails, by-
ways, including the routes defined in paragraphs (3) and
(4) or other public roads within the Delta Region and to
implement the comprehensive recreation, interpretive, and
visitor use plan required in paragraph (5).
(c) LISTING.—On the basis of the study, and in con-
sultation with the National Trust for Historic Preservation,
the Secretary shall inventory significant structures and
sites in the Delta Region. The Secretary shall further rec-
ommend and encourage cooperative preservation and eco-
nomic development efforts such as the establishment of pres-
ervation districts linking groups of contiguous counties or
parishes, especially those that lie along the aforementioned
designated routes. The Secretary shall prepare a list of the
sites and structures for possible inclusion by the National
Park Service as National Historic Landmarks or such other
designation as the Secretary deems appropriate.
SEC. 205. DELTA REGION HERITAGE CORRIDORS AND HER-
ITAGE AND CULTURAL CENTERS.
(a) FINDINGS.—The Congress finds that—
(1) in 1990, the Congress authorized the Institute
of Museum Services to prepare a report assessing the
needs of small, emerging, minority, and rural muse-
ums in order to identify the resources such museums
needed to meet their educational mission, to identify
the areas of museum operation in which the needs
were greatest, and to make recommendations on how
these needs could best be met;
(2) the Institute of Museum Services undertook a
comprehensive eighteen month study of such needs
with the assistance of two advisory groups, surveyed
524 museums from throughout the Nation, held dis-
cussion groups in which representatives of 25 museum
groups participated, and conducted case studies of 12
museum facilities around the Nation;
(3) on the basis of this assessment, the Institute
of Museum Services issued a report in September,
1992, entitled, ‘‘National Needs Assessment of Small,
Emerging, Minority and Rural Museums in the
United States’’ (hereinafter ‘‘National Needs Assess-
ment’’) which found that small, emerging minority,
and rural museums provide valuable educational and
cultural resources for their communities and contain
a reservoir of the Nation’s material, cultural and his-
torical heritage, but due to inadequate resources are
unable to meet their full potential or the demands of
the surrounding communities;
(4) the needs of these institutions are not being
met through existing Federal programs;
(5) fewer than half of the participants in the
survey had applied for Federal assistance in the past
two years and that many small, emerging, minority
and rural museums believe existing Federal programs
do not meet their needs;
(6) based on the National Needs Assessment, that
funding agencies should increase support available to
small, emerging, minority, and rural museums and
make specific recommendations for increasing tech-
nical assistance in order to identify such institutions
and provide assistance to facilitate their participa-
tion in Federal programs;
(7) the Delta Initiatives Report made specific
recommendations for the creation and development of
centers for the preservation of the cultural, historical,
and literary heritage of the Delta Region, including
recommendations for the establishment of a Delta Re-
gion Native American Heritage and Cultural Center
and a Delta Region African American Heritage and
Cultural Center with additional satellite centers or
museums linked throughout the Delta Region;
(8) the Delta Initiatives Report stated that new
ways of coordinating, preserving, and promoting the
Delta Region’s literature, art, and music should be es-
tablished including the creation of a network to pro-
mote the Delta Region’s literary, artistic, and musical
heritage; and
(9) wholesale destruction and attrition of archeo-
logical sites and structures has eliminated a signifi-
cant portion of Native American heritage as well as
the interpretive potential of the Delta Region’s parks
and museums. Furthermore, site and structure de-
struction is so severe that an ambitious program of