I
103D CONGRESS
2D SESSION
H. R. 4078
To amend the Act establishing the Golden Gate National Recreation Area,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 1994
Mr. DUNCAN (for himself, Mr. CALVERT, Mr. CUNNINGHAM, Mr. DOOLITTLE,
Mr. DORNAN, Mr. GALLEGLY, Mr. KIM, Mr. POMBO, Mr. ROHRABACHER,
Mr. ANDREWS of New Jersey, Ms. DANNER, Mr. PENNY, Mr. PETERSON
of Minnesota, Mr. POSHARD, Mr. ALLARD, Mr. ARMEY, Mr. BACHUS of
Alabama, Mr. BAKER of Louisiana, Mr. BALLENGER, Mr. BARTLETT of
Maryland, Mr. BATEMAN, Mr. BOEHNER, Mr. BURTON of Indiana, Mr.
BUYER, Mr. CANADY, Mr. CRANE, Ms. DUNN, Mr. EWING, Mr. FAWELL,
Mr. GILLMOR, Mr. GINGRICH, Mr. GOODLING, Mr. GUNDERSON, Mr.
HANCOCK, Mr. HANSEN, Mr. HEFLEY, Mr. HOBSON, Mr. INGLIS of
South Carolina, Mr. INHOFE, Mr. KLUG, Mr. KYL, Mr. LAZIO, Mr.
LEWIS of Florida, Mr. MCCANDLESS, Mr. MCINNIS, Mr. MICHEL, Mr.
MILLER of Florida, Mr. OXLEY, Mr. PAXON, Mr. PORTMAN, Mr. QUIL-
LEN, Mr. ROBERTS, Mr. SHAYS, Mr. SMITH of Oregon, Mr. SMITH of
Texas, Mr. SOLOMON, Mr. STEARNS, Mr. SUNDQUIST, Mr. TAYLOR of
North Carolina, Mr. THOMAS of Wyoming, Mrs. VUCANOVICH, Mr.
WALSH, Mr. YOUNG of Alaska, Mr. ZELIFF, and Mr. ZIMMER) introduced
the following bill; which was referred to the Committee on Natural Re-
sources
A BILL
To amend the Act establishing the Golden Gate National
Recreation Area, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—GOLDEN GATE
NATIONAL RECREATION AREA
SEC. 101. AMENDMENTS.
(a) STATEMENT OF PURPOSES.—Section 1 of the Act
approved October 27, 1972, entitled ‘‘An Act to establish
the Golden Gate National Recreation Area in the State
of California, and for other purposes’’ (86 Stat. 1299; 16
U.S.C. 460bb), is amended by inserting ‘‘, San Mateo,’’
after ‘‘Marin’’.
(b) INTERIM AUTHORITY.—Section 4 of such Act (16
U.S.C. 460bb–3) is amended by adding at the end the fol-
lowing:
‘‘(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-
ernment entity for the use of any property within the Pre-
sidio, except such properties which the Secretary of De-
fense determines are essential for the continued use of the
Presidio by the 6th Army.
‘‘(2) The Secretary may further, in his discretion, ne-
gotiate and enter into leases or other appropriate agree-
ments with any Federal agency or organization to house
that agency’s or organization’s employees engaged in ac-
tivities or programs at the Presidio.
‘‘(3) Any leases entered into under this subsection
shall be subject to such procedures, terms, conditions, and
restrictions as the Secretary deems necessary. Leases shall
be entered into at fair market value, except with respect
to interagency permitting agreements entered into be-
tween the Secretary and the Secretary of Defense. The
Secretary of Defense shall only be responsible for paying
to the Secretary of the Interior its fair share of common
annual operating expenses for the Presidio. The Secretary
of the Interior may adjust the rental by taking into ac-
count any amounts expended by the lessee for the restora-
tion or improvement of the leased properties.
‘‘(4) The Secretary shall establish competitive bid-
ding procedures to be used for the issuance of leases under
this section. The Secretary may waive section 321 of chap-
ter 314 of the Act of June 30, 1932 (40 U.S.C. 303b)
with respect to the leasing of Federal properties if the Sec-
retary determines that such waiver is necessary to carry
out the purposes of this Act.
‘‘(5) The proceeds from leases under this subsection,
and from concession and other use authorizations shall be
retained by the Secretary and used to defray the costs of
preservation, restoration, operation and maintenance, im-
provement, repair and related expenses including adminis-
tration of the above, incurred by the Secretary with re-
spect to Presidio properties, with the balance used to de-
fray other costs incurred by the Secretary in the adminis-
tration of the Presidio. The authority of this paragraph
shall only remain in effect for 2 years, unless the city of
San Francisco provides necessary zoning to ensure full im-
plementation of title II of this Act. If the City of San
Francisco provides the necessary zoning, such authority
shall expire upon establishment of the ‘‘Presidio Public
Benefit Corporation’’ or 5 years from the date of enact-
ment of this Act, whichever occurs first.
‘‘(6) Each lessee and sub lessee of a lease entered
into under this subsection shall keep such records as the
Secretary may prescribe to enable the Secretary to deter-
mine that all terms of the lease or sublease have been and
are being faithfully performed. The Secretary and his duly
authorized representatives shall, for the purpose of audit
and examination, have access to all records and to their
books, documents, and papers of the lessee and sub lessee
pertinent to the lease or sublease and all the terms and
conditions thereof.
‘‘(h) PRESIDIO.—The Secretary shall transfer those
lands identified on the map entitled ‘Presidio Public Bene-
fit Corporation Lands’, numbered PRES–1 and dated No-
vember 1993 to the ‘Presidio Public Benefit Corporation’
established in title II of the Act entitled ‘‘An Act to amend
the Act establishing the Golden Gate National Recreation
Area and for other purposes’’, approved -----, 1993.’’.
TITLE II—PRESIDIO PUBLIC
BENEFIT CORPORATION
SEC. 201. FINDINGS.
The Congress finds that:
(1) The Presidio contains numerous outstand-
ing, historic resources which formed the basis for
designation of the Presidio as a national historic
landmark and which should continue to be pre-
served.
(2) The Presidio includes some lands which
offer outstanding outdoor recreation opportunities,
which form a logical addition to the 73,000-acre
Golden Gate National Recreation Area in the San
Francisco Bay area.
(3) House Report 92–1391, which accompanied
legislation establishing Golden Gate National Recre-
ation Area states the clear intent of Congress that
National Park Service management should be lim-
ited to the open space within the Presidio, not the
entire parcel of land.
(4) The National Park Service has issued an
environmental impact statement for converting the
Presidio into a park, which the General Accounting
Office has found could cost $1,200,000,000 or more.
(5) The National Park Service currently faces
a backlog of $5,600,000,000 for construction
projects (37 years at existing funding levels) and an
operational shortfall of hundreds of millions of dol-
lars and cannot afford to take on a new project of
this magnitude without seriously jeopardizing fund-
ing for other areas currently managed by the Na-
tional Park Service.
(6) The best way to preserve the historic values
and public open space opportunities at Presidio as
well as ensure its economic success is to reduce the
role of the National Park Service to those functions
for which it is best suited and maximize the auton-
omy of a public benefit corporation designed to oper-
ate buildings and facilities which are not of direct
government interest.
(7) The public benefit corporation can be fund-
ed up-front through a sale of certain lands and fa-
cilities such that no additional taxpayers funds will
be required for preservation of the Presidio.
SEC. 202. ESTABLISHMENT OF PRESIDIO PUBLIC BENEFIT
CORPORATION.
(a) ESTABLISHMENT.—The President is hereby au-
thorized to establish a body corporate to be known as the
‘‘Presidio Public Benefit Corporation’’ (hereinafter re-
ferred to as the ‘‘Corporation’’). The Corporation shall
only be established if and when the city of San Francisco
makes zoning decisions as specified in subsections (b) and
(c) of section 204 of this Act.
(b) TRANSFER.—The Secretary shall transfer all
lands, facilities, and interests in land as identified on a
map entitled ‘‘Presidio Public Benefit Corporation Land’’,
numbered PRES–1 and dated November 1993 to the
‘‘Presidio Public Benefit Corporation’’.
SEC. 203. BOARD OF DIRECTORS.
(a) IN GENERAL.—(1) The powers and management
of the Corporation shall be vested in a Board of Directors
consisting of members, as follows:
(A) The Director of the National Park Service.
(B) Secretary of the Army.
(C) Secretary of Transportation.
(D) Chairperson, Golden Gate National Park
Association.
(E) The Mayor of the city of San Francisco.
(F) Two members to be appointed by the Presi-
dent from recommendations by the Speaker of the
House of Representatives and the majority leader of
the Senate, with national visibility and knowledge
and experience in one or more of the fields of envi-
ronmental studies, city planning, finance, real estate,
engineering, or management.
(G) Two individuals to be appointed by the
President who shall be residents of, and who shall
be registered voters in, the city and county of San
Francisco with knowledge and experience in city
planning, finance, and real estate.
(2) The President shall further appoint 2 nonvoting
members, to include—
(A) the Chairman of the Golden Gate National
Recreation Area Advisory Commission; and
(B) a representative from among the entities
occupying property at the Presidio.
Each member of the Board of Directors specified in sub-
paragraphs (A) through (C) of paragraph (1) may, at the
time of appointment, designate (through written notice)
an alternate senior official of his department or agency
who may serve on the Board in his stead.
(b) TERMS OF BOARD MEMBERS.—Each member of
the Board of Directors appointed under subparagraphs
(F) and (G) of subsection (a)(1) shall serve for a term
of 4 years from the expiration of his predecessor’s term;
except that the President in making the initial appoint-
ments to the Board under subparagraph (G), shall appoint
one Director to a term of 2 years and one Director 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 predecessor was appointed. Any member may
continue to serve after the expiration of his term until his
successor is appointed. No appointed director may serve
more than 12 years in consecutive terms.
(c) ORGANIZATION AND COMPENSATION.—(1) The
Board of Directors shall elect a Chairman and a Vice
Chairman from among the members of the Board of Di-
rectors.
(2) 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 Corporation.
(3) The Board of Directors shall meet at the call of
the Chairman, who shall require it to meet not less often
than once every 3 months. A majority of the members of
the Board of Directors (or their designated alternates)
shall constitute a quorum.
SEC. 204. STAFFING FOR THE CORPORATION.
(a) IN GENERAL.—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 em-
ployees of the Corporation as may be necessary for the
efficient administration of the Corporation. Officers and
employees of the Corporation may be appointed and com-
pensated without regard to the provisions of title 5 of the
United States Code governing appointments in the com-
petitive service, and may be paid without regard to the
provisions of chapter 51, and subchapter III of chapter
53, of title 5 of the United States Code (relating to classi-
fication and General Schedule pay rates).
(b) 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.
SEC. 205. SPECIFIC DUTIES AND AUTHORITIES.
(a) AUTHORITIES.—In exercising its powers and du-
ties, the Corporation shall have the following duties and
authorities:
(1) The Corporation shall manage, maintain,
and repair those properties within the Presidio
which are transferred to it by the Secretary of the
Interior. Any actions taken by the Corporation shall
fully recognize the values of the Presidio which have
contributed to its designation as a national historic
landmark.
(2) The Corporation shall make available to the
Secretary of Defense such lands and facilities as are
essential to the continued presence of the 6th Army
at the Presidio. The Army shall pay to the Corpora-
tion an annual payment to cover its portion of com-
mon Presidio annual operating expenses.
(3) The Corporation shall publish and dissemi-
nate information and make known to potential occu-
pants, by advertisement, solicitation, or other means,
the availability of the property within the Presidio
managed by the Corporation.
(4) The Corporation may prepare or cause to be
prepared plans, specifications, designs, and esti-
mates of costs for the rehabilitation (including
adaptive reuse), preservation, restoration, improve-
ment, alteration, or repair of any property within
the area it administers, and from time to time may
modify such plans, specifications, designs, or esti-
mates, and may implement these plans.
(5) The Corporation may enter into contracts,
including leases, cooperative agreements, or other
agreements with any person, firm, association, orga-
nization, corporation, or government entity, for the
occupancy of any property within the Presidio which
the Corporation manages. In selecting occupants,
the Corporation shall give priority consideration to
occupants similar to those identified in the National
Park Service Presidio plan dated October 1993. All
proceeds received by the Corporation from the leas-
ing of properties managed by the Corporation within
the Presidio shall be retained by the Corporation
and used to defray the costs of administration, pres-
ervation, restoration, operation and maintenance, re-
pair, and related expenses incurred by the Corpora-
tion with respect to such properties.
(6) The Corporation shall establish competitive
bidding procedures to be used for the issuance of
leases and contracts under this Act.
(7) The Corporation shall establish (through
covenants, regulations, agreements, or otherwise)
such restrictions, standards, and requirements as
are necessary to assure maintenance and protection
of the property transferred to the Corporation.
(8) The Corporation may make loans to the oc-
cupants of property transferred to the Corporation,
for the preservation, restoration, maintenance, or re-
pair of such property in a manner consistent with
standards and criteria established by the Secretary.
(9) The Corporation may provide technical as-
sistance to the occupants of property transferred to
the Corporation, to assist such occupants in making
repairs or improvements to the property or applying
for loans under paragraph (8).
(10) The Corporation may solicit and accept
donations of funds, property, supplies, or services
from individuals, foundations, corporations, and
other private entities, and from public entities, for
the purpose of carrying out its duties.
(11) The Corporation may retain any revenues
from leases or other agreements concerning property
transferred to the Corporation, and any donations,
and use the proceeds for any function of the Cor-
poration authorized by this Act.
(12) The Corporation may borrow money pri-
vately to carry out the Corporation’s duties, obliga-
tions and responsibilities. In connection with such
borrowing, the Corporation may issue evidence of in-
debtedness and may provide collateral to secure such
indebtedness (including, without limitation, a mort-
gage or pledge of the Corporation’s interest in reve-
nues or the leasehold in property transferred by the
Secretary to the Corporation). The Corporation may
also borrow money from the Treasury of the United
States, in such amounts as may be authorized in ap-
propriations acts, to carry out the Corporation’s du-
ties and responsibilities. Such borrowings from the
Treasury shall have such maturities, terms, and con-
ditions as may be agreed upon by the Corporation
and the Secretary of the Treasury and may be re-
deemable at the option of the Corporation before
maturity.
(13) The Corporation may invest any funds not
required for immediate use or disbursement, with
the approval of the Secretary of the Treasury, in ob-
ligations of the United States Government, or obli-
gations the principal and interest of which are guar-
anteed by the United States Government: Provided,
That this authority shall not extend to moneys ob-
tained from the Government.
(14) The Corporation may, without regard to
Federal procurement laws and regulations, enter
into and perform such contracts and other trans-
actions with any public agencies and private organi-
zations and persons (including agreements with pri-
vate utility companies with respect to the relocation
of utility lines and other facilities within properties
transferred to the Corporation), as may be necessary
or appropriate to the conduct of activities authorized
under this Act.
(15) The Corporation may, without regard to
Federal procurement laws and regulations, obtain by
purchase, rental, donation, or otherwise, such goods
and services as may be needed to carry out its du-
ties.
(16) The Corporation shall ensure the existence
of adequate insurance to cover any loss in connec-
tion with the properties it manages.
(17) The Corporation may sue and be sued in
its name, except that the Directors of the Board
shall not be personally liable for negligence other
than gross negligence.
(18) The Corporation may adopt, amend, and
repeal bylaws, rules, and regulations governing the
manner in which its business may be conducted and
the powers vested in it may be exercised.
(19) The Corporation shall have perpetual suc-
cession.
(20) The Corporation shall have an official seal
selected by the Board which shall be judicially no-
ticed.
(21) The Corporation may execute all instru-
ments necessary or appropriate in the exercise of
any of its functions under this Act, and may dele-
gate to the Executive Director such of its powers
and responsibilities as it deems appropriate and use-
ful for the administration of the Corporation.
(22) The Corporation shall have all necessary
and proper powers for the exercise of the authorities
vested in it.
(b) PUBLIC HEALTH SERVICE HOSPITAL.—(1) The
Public Health Service Hospital and surrounding 36 acres
are hereby transferred to the administrative jurisdiction
of the Corporation.
(2) The Corporation is directed to sell the Public
Health Service Hospital and adjacent golf course and is
authorized to retain all revenues from this sale and to use
the proceeds for any function of the Corporation author-
ized by this Act. This sale may only be conducted after
such time that the city of San Francisco provides zoning
approval which shall be limited to a private golf course
and club house complex to be located on these lands.
(c) LETTERMAN COMPLEX.—The Corporation is di-
rected to sell, at fair market value, the Letterman Army
Institute of Research, Letterman Army Medical Center,
and such other buildings and lands in the Letterman com-
plex as are necessary to conduct scientific research or edu-
cation programs pertaining to human health to the Uni-
versity of California at San Francisco. The Corporation
is authorized to retain all revenues from this sale and to
use the proceeds for any function of the Corporation au-
thorized by this Act. This sale may only be conducted after
such time that the city of San Francisco provides zoning
approval for this human health research complex. The use
of these lands and facilities shall conform to proposals in-
cluded in the National Park Service plan dated October
1993.
SEC. 206. USE OF FEDERAL PERSONNEL, FACILITIES, AND
SERVICES.
The Secretary or other Cabinet officers may provide
personnel, facilities, and other administrative services to
the Corporation to assist it in carrying out its duties under
this Act, and may accept reimbursement therefor.
SEC. 207. TAXES.
Since the exercise of the powers granted by this Act
will be in all respects for the benefit of the people, the
Corporation is hereby declared to be devoted to an essen-
tial public and governmental function and purpose and
shall be exempt from all taxes and special assessments of
every kind of the United States.
SEC. 208. APPLICATION OF OTHER LAWS.
All general penal statutes relating to the larceny, em-
bezzlement, or conversion of public moneys or property of
the United States shall apply to the moneys and property
of the Corporation. The Corporation shall be subject to
chapter 5 of title V, United States Code (relating to ad-
ministrative procedures and freedom of information).
SEC. 209. REPORT AND FINANCIAL RECORDS.
The Corporation shall transmit to the Congress, as
part of the annual budget process, a comprehensive and
detailed report of its operations, activities, and accom-
plishments under this section. This report shall include a
plan of activities and projects for the next fiscal year. The
financial records of the Corporation shall be audited by
a reputable firm of certified public accountants not less
frequently than once a year.
Æ
HR 4078 IH—2