[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4078 Introduced in House (IH)]

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. 
  Quillen, 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 Resources

_______________________________________________________________________

                                 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 Representatives 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 following:
    ``(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 government entity for the use of any 
property within the Presidio, except such properties which the 
Secretary of Defense determines are essential for the continued use of 
the Presidio by the 6th Army.
    ``(2) The Secretary may further, in his discretion, negotiate and 
enter into leases or other appropriate agreements with any Federal 
agency or organization to house that agency's or organization's 
employees engaged in activities 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 between 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 account any amounts expended by the lessee for the restoration or 
improvement of the leased properties.
    ``(4) The Secretary shall establish competitive bidding procedures 
to be used for the issuance of leases under this section. The Secretary 
may waive section 321 of chapter 314 of the Act of June 30, 1932 (40 
U.S.C. 303b) with respect to the leasing of Federal properties if the 
Secretary 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, improvement, repair and related expenses 
including administration of the above, incurred by the Secretary with 
respect to Presidio properties, with the balance used to defray other 
costs incurred by the Secretary in the administration 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 implementation 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 enactment 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 determine 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 Benefit Corporation 
Lands', numbered PRES-1 and dated November 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 outstanding, historic 
        resources which formed the basis for designation of the 
        Presidio as a national historic landmark and which should 
        continue to be preserved.
            (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 Recreation Area states the 
        clear intent of Congress that National Park Service management 
        should be limited 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 dollars and cannot afford to take on a new project 
        of this magnitude without seriously jeopardizing funding for 
        other areas currently managed by the National 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 autonomy of a public benefit corporation designed 
        to operate buildings and facilities which are not of direct 
        government interest.
            (7) The public benefit corporation can be funded up-front 
        through a sale of certain lands and facilities 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 authorized to establish 
a body corporate to be known as the ``Presidio Public Benefit 
Corporation'' (hereinafter referred 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 President 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 
        environmental 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 subparagraphs (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 appointments 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 Directors.
    (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 employees of the Corporation as may be 
necessary for the efficient administration of the Corporation. Officers 
and employees of the Corporation may be appointed and compensated 
without regard to the provisions of title 5 of the United States Code 
governing appointments in the competitive 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 
classification and General Schedule pay rates).
    (b) Experts and Consultants.--The Board of Directors 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 duties, 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 Corporation an annual payment to cover its 
        portion of common Presidio annual operating expenses.
            (3) The Corporation shall publish and disseminate 
        information and make known to potential occupants, 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 estimates of costs for the 
        rehabilitation (including adaptive reuse), preservation, 
        restoration, improvement, alteration, or repair of any property 
        within the area it administers, and from time to time may 
        modify such plans, specifications, designs, or estimates, and 
        may implement these plans.
            (5) The Corporation may enter into contracts, including 
        leases, cooperative agreements, or other agreements with any 
        person, firm, association, organization, 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 leasing of properties managed by the 
        Corporation within the Presidio shall be retained by the 
        Corporation and used to defray the costs of administration, 
        preservation, restoration, operation and maintenance, repair, 
        and related expenses incurred by the Corporation 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 occupants of 
        property transferred to the Corporation, for the preservation, 
        restoration, maintenance, or repair of such property in a 
        manner consistent with standards and criteria established by 
        the Secretary.
            (9) The Corporation may provide technical assistance 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 Corporation authorized by this Act.
            (12) The Corporation may borrow money privately to carry 
        out the Corporation's duties, obligations and responsibilities. 
        In connection with such borrowing, the Corporation may issue 
        evidence of indebtedness and may provide collateral to secure 
        such indebtedness (including, without limitation, a mortgage or 
        pledge of the Corporation's interest in revenues 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 appropriations acts, to carry out the 
        Corporation's duties and responsibilities. Such borrowings from 
        the Treasury shall have such maturities, terms, and conditions 
        as may be agreed upon by the Corporation and the Secretary of 
        the Treasury and may be redeemable 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 obligations of the United States 
        Government, or obligations the principal and interest of which 
        are guaranteed by the United States Government: Provided, That 
        this authority shall not extend to moneys obtained from the 
        Government.
            (14) The Corporation may, without regard to Federal 
        procurement laws and regulations, enter into and perform such 
        contracts and other transactions with any public agencies and 
        private organizations and persons (including agreements with 
        private 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 duties.
            (16) The Corporation shall ensure the existence of adequate 
        insurance to cover any loss in connection 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 succession.
            (20) The Corporation shall have an official seal selected 
        by the Board which shall be judicially noticed.
            (21) The Corporation 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 responsibilities as it deems appropriate and 
        useful 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 authorized 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 directed 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 complex as are necessary to conduct scientific research or 
education programs pertaining to human health to the University 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 authorized 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 included 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 essential 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, embezzlement, 
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 administrative 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 accomplishments 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.

                                 <all>

 HR 4078 IH--2