I
103D CONGRESS
2D SESSION
H. R. 3976
To amend the Act establishing the Gateway National Recreation Area to
provide for the management of Fort Wadsworth by the Secretary of
the Interior, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 1994
Ms. MOLINARI introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To amend the Act establishing the Gateway National Recre-
ation Area to provide for the management of Fort Wads-
worth by the Secretary of the Interior, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF ACT ESTABLISHING GATEWAY
NATIONAL RECREATION AREA.
(a) STATEMENT OF PURPOSES.—The first section of
the Act entitled ‘‘An Act to establish the Gateway Na-
tional Recreation Area in the States of New York, and
New Jersey, and for other purposes’’, approved October
27, 1972 (16 U.S.C. 460cc), is amended by inserting the
following after the first sentence: ‘‘In addition, the Sec-
retary may utilize the resources of Fort Wadsworth in the
Staten Island Unit, Fort Hancock in the Sandy Hook
Unit, and Floyd Bennett Field in the Jamaica Bay and
Breezy Point Units of the recreation area to provide for
and support programs and activities that foster research,
education, and demonstration projects concerning the en-
vironment, international affairs, cultural understanding,
and health and science. The Secretary may also utilize the
resources of Fort Wadsworth for any other purposes con-
sistent with the community reuse plan or other initiatives
for Naval Station New York, and is encouraged to do so
to the greatest extent possible.’’.
(b) ADMINISTRATION.—Section 3 of such Act (16
U.S.C. 460cc–2) is amended by adding the following new
subsection at the end thereof:
‘‘(j)(1) In addition to other available authorities, the
Secretary may, in his discretion, negotiate and enter into
leases or other agreements, as appropriate, with any per-
son, firm, association, organization, corporation, or gov-
ernmental entity for the use of any property within Fort
Wadsworth, Fort Hancock, and Floyd Bennett Field in
accordance with the general management plan or for any
of the purposes set forth in the first section of this Act.
The Secretary may further, in his discretion, negotiate
and enter into leases or other agreements, as appropriate,
with any Federal agency to house employees of the agency
engaged in activities or programs at Fort Wadsworth,
Fort Hancock, Floyd Bennett Field or in the New York
City metropolitan area.
‘‘(2) In addition to other available authorities, the
Secretary may, in his discretion, enter into interagency
permitting agreements or other appropriate agreements
with the Secretary of Defense, Secretary of Transpor-
tation, and other Federal agencies to locate their activities
and house their employees at Fort Wadsworth, Fort Han-
cock, and Floyd Bennett Field.
‘‘(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. Leases shall be entered into at
fair market value, which shall be calculated taking into
account the uses permitted by the general management
plan or under this Act. The preceding sentence shall not
apply to (A) any interagency permitting agreement en-
tered into between the Secretary and the Secretary of De-
fense or other Federal agencies regarding the location of
activities or housing of employees at Fort Wadsworth,
Fort Hancock, and Floyd Bennett Field; (B) leases en-
tered into in accordance with a community reuse plan for
Naval Station New York; (C) any lease or use agreement
entered into with any State or local governmental unit or
instrumentality for a public purpose; or (D) leases entered
into with nonprofit organizations.
‘‘(4) The Secretary shall establish competitive bid-
ding procedures to be used for the issuance of leases under
this section. For leases and other appropriate agreements
under this subsection, the Secretary may waive any re-
quirement of any law or regulation otherwise applicable
to the leasing of Federal properties if the Secretary deter-
mines that such waiver is necessary to carry out the pur-
poses of this Act. The Secretary shall provide written no-
tice of any such waiver to the United States Congress.
The notice to Congress shall contain an explanation of the
reasons for such determination.
‘‘(5) 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 and be credited to the appropriation bearing the
cost of preservation, restoration, maintenance, improve-
ment, repair, and related expenses including administra-
tion of the above, incurred by the Secretary with respect
to Fort Wadsworth, Fort Hancock, and Floyd Bennett
Field properties, with the balance used to defray other
costs incurred by the Secretary in the administration of
Fort Wadsworth, Fort Hancock, and Floyd Bennett Field.
‘‘(6) Each lessee and sublessee of a lease entered into
under this subsection shall keep such records as the Sec-
retary may prescribe to enable the Secretary to determine
that all terms of the lease or sublease have been and are
being faithfully performed. The Secretary and the Comp-
troller General of the United States and their duly author-
ized representatives shall, for the purpose of audit and ex-
amination, have access to all records and to other books,
documents, and papers of the lessee and sublessee perti-
nent to the lease or sublease and all the terms and condi-
tions thereof.
‘‘(7) The Secretary shall annually prepare and submit
to Congress a report on property leased under this sub-
section.
‘‘(8) 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 the first section of this Act.’’.
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