IIA
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
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
government corporation to be known as the Presidio Trust
(hereinafter in this Act 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 Act, the leasing, maintenance, reha-
bilitation, repair and improvement of property within the
Presidio which is transferred to the Trust by the Secretary
of the Interior (hereinafter in this Act referred to as the
‘‘Secretary’’). The Trust may participate in the develop-
ment of programs and activities at the properties that
have been transferred to the Trust.
(b) TRANSFER.—Except as provided in this sub-
section, the Secretary shall transfer to the Trust, under
such terms and conditions as the Secretary deems appro-
priate, a leasehold 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,
within the Presidio as the Secretary and the Trust deems
appropriate. Any such property shall be transferred within
60 days after a request is made by the Trust. The lease-
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
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.