[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1296 Reported in Senate (RS)]

                                                       Calendar No. 300

104th CONGRESS

  1st Session

                               H. R. 1296

_______________________________________________________________________

                                 AN ACT

  To provide for the administration of certain Presidio properties at 
                 minimal cost to the Federal taxpayer.

_______________________________________________________________________

                           December 22, 1995

                       Reported with an amendment
                                                       Calendar No. 300
104th CONGRESS
  1st Session
                                H. R. 1296


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            September 2 (legislative day, September 5), 1995

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                           December 22, 1995

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
  To provide for the administration of certain Presidio properties at 
                 minimal cost to the Federal taxpayer.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. FINDINGS.</DELETED>

<DELETED>    The Congress finds that--</DELETED>
        <DELETED>    (1) the Presidio, located amidst the incomparable 
        scenic splendor of the Golden Gate, is one of America's great 
        natural and historic sites;</DELETED>
        <DELETED>    (2) the Presidio is the oldest continuously 
        operated military post in the Nation dating from 1776, and was 
        designated a National Historic Landmark in 1962;</DELETED>
        <DELETED>    (3) preservation of the cultural and historic 
        integrity of the Presidio for public use recognizes its 
        significant role in the history of the United States;</DELETED>
        <DELETED>    (4) the Presidio, in its entirety, is located 
        within the boundary of the Golden Gate National Recreation 
        Area, in accordance with Public Law 92-589;</DELETED>
        <DELETED>    (5) the Presidio's significant natural, historic, 
        scenic, cultural, and recreational resources must be managed in 
        a manner which is consistent with sound principles of land use 
        planning and management, and which protects the Presidio from 
        development and uses which would destroy the scenic beauty and 
        historic and natural character of the area; and</DELETED>
        <DELETED>    (6) the Presidio can best be managed through an 
        innovative 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.</DELETED>

<DELETED>SEC. 2. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF THE 
              INTERIOR.</DELETED>

<DELETED>    (a) Interim Authority.--The Secretary of the Interior 
(hereinafter in this Act referred to as the ``Secretary'') is 
authorized to manage leases in existence on the date of this Act for 
properties under the Administrative jurisdiction of the Secretary and 
located at the Presidio. Upon the expiration of any such lease, the 
Secretary may extend such lease for a period terminating 6 months after 
the first meeting of the Presidio Trust at which a quorum is present. 
After the date of the enactment of this Act, the Secretary may not 
enter into any new leases for property at the Presidio to be 
transferred to the Presidio Trust under this Act. Notwithstanding 
section 1341 of title 31 of the United States Code, the proceeds from 
any such lease shall be retained by the Secretary and such proceeds 
shall be available, without further appropriation, for the 
preservation, restoration, operation and maintenance, improvement, 
repair and related expenses incurred with respect to Presidio 
properties. For purposes of any such lease, the Secretary may adjust 
the rental by taking into account any amounts to be expended by the 
lessee for preservation, maintenance, restoration, improvement, repair 
and related expenses with respect to properties within the 
Presidio.</DELETED>
<DELETED>    (b) Public Information and Interpretation.--The Secretary 
shall be responsible, in cooperation with the Presidio Trust, for 
providing public interpretive services, visitor orientation and 
educational programs on all lands within the Presidio.</DELETED>
<DELETED>    (c) Other.--Those lands and facilities within the Presidio 
that are not transferred to the administrative jurisdiction of the 
Presidio Trust shall continue to be managed by the Secretary. The 
Secretary and the Presidio Trust shall cooperate to ensure adequate 
public access to all portions of the Presidio.</DELETED>
<DELETED>    (d) Park Service Employees.--Notwithstanding any other 
provision of law, the Trust shall have sole discretion over whether to 
employ persons previously employed by the National Park Service in the 
Department of the Interior. Career employees of the National Park 
Service, employed at the Presidio as of the time of the transfer of 
lands and facilities to the Presidio Trust, shall not be separated from 
the Service by reason of such transfer.</DELETED>

<DELETED>SEC. 3. THE PRESIDIO TRUST.</DELETED>

<DELETED>    (a) Establishment.--There is established a wholly owned 
government corporation to be known as the Presidio Trust (hereinafter 
in this Act referred to as the ``Trust'').</DELETED>
<DELETED>    (b) Transfer.--(1) Within 60 days after receipt of a 
request from the Trust for the transfer of any parcel within the area 
depicted as area B on the map entitled ``Presidio Trust Number 1,'' 
dated June 1995, the Secretary shall transfer such parcel to the 
administrative jurisdiction of the Trust. Within one year after the 
first meeting of the Board of Directors of the Trust at which a quorum 
is present, the Board shall request the Secretary to transfer any 
remaining parcels within such area B. Such map shall be on file and 
available for public inspection in the offices of the Trust and in the 
offices of the National Park Service, Department of the Interior. The 
Trust and the Secretary may jointly make technical and clerical 
revisions in the boundary depicted on such map. Such areas shall remain 
within the boundary of the Golden Gate National Recreation Area. The 
Secretary shall retain those portions of the building identified as 
number 103 as the Secretary deems essential for use as a visitor 
center. The building shall be named the ``William Penn Mott Visitor 
Center''. With the consent of the Secretary, the Trust may at any time 
transfer to the administrative jurisdiction of the Secretary any other 
properties within the Presidio which are surplus to the needs of the 
Trust and which serve essential purposes of the Golden Gate National 
Recreation Area. The Trust is encouraged to transfer to the 
administrative jurisdiction of the Secretary open space areas which 
have a high public use potential and are contiguous to other lands 
administered by the Secretary.</DELETED>
<DELETED>    (2) The Secretary shall transfer, with the transfer of 
administrative jurisdiction over any property, all leases, concessions, 
licenses, permits, and other agreements relating to such property. Upon 
the transfer of such property the Secretary shall transfer the 
unobligated balance of all funds appropriated to the Secretary for the 
operation of the Presidio, together with any revenues and unobligated 
funds associated with leases, concessions, licenses, permits, and 
agreements relating to properties transferred to the Trust.</DELETED>
<DELETED>    (c) Board of Directors.--</DELETED>
        <DELETED>    (1) In general.--The powers and management of the 
        Trust shall be vested in a Board of Directors (hereinafter 
        referred to as the ``Board'') consisting of the following 7 
        members:</DELETED>
                <DELETED>    (A) The Secretary of the Interior or the 
                Secretary's designee.</DELETED>
                <DELETED>    (B) Six individuals, who are not employees 
                of the Federal Government, appointed by the President, 
                who shall possess extensive knowledge and experience in 
                one or more of the fields of city planning, finance, 
                real estate, and resource conservation. At least 3 of 
                these individuals shall reside in the city and county 
                of San Francisco. The President shall make the 
                appointments referred to in this subparagraph within 90 
                days after the enactment of this Act.</DELETED>
        <DELETED>    (2) Terms.--Members of the Board appointed under 
        paragraph (1)(B) shall each serve for a term of 4 years, except 
        that of the members first appointed, 3 shall serve for a term 
        of 2 years. Any vacancy in the Board 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. No appointed director may serve more than 8 years in 
        consecutive terms. No member of the Board of Directors may have 
        a development or financial interest in any tenant or property 
        of the Presidio.</DELETED>
        <DELETED>    (3) Quorum.--Four members of the Board shall 
        constitute a quorum for the conduct of business by the 
        Board.</DELETED>
        <DELETED>    (4) Organization and compensation.--The Board 
        shall organize itself in such a manner as it deems most 
        appropriate to effectively carry out the authorized activities 
        of the Trust. Board members shall serve without pay, but may be 
        reimbursed for the actual and necessary travel and subsistence 
        expenses incurred by them in the performance of the duties of 
        the Trust.</DELETED>
        <DELETED>    (5) Liability of directors.--Members of the Board 
        of Directors shall not be considered Federal employees by 
        virtue of their membership on the Board, except for purposes of 
        the Federal Tort Claims Act and the Ethics in Government 
        Act.</DELETED>
        <DELETED>    (6) Public liaison.--The Board shall meet at least 
        3 times per year in San Francisco and at least one meeting 
        shall be open to the public. The Board shall establish 
        procedures for providing public information and opportunities 
        for public comment regarding policy, planning, and design 
        issues through the Golden Gate National Recreation Area 
        Advisory Commission.</DELETED>
<DELETED>    (d) Duties and Authorities.--In accordance with the 
purposes set forth in this Act and 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 in 
accordance with the general objectives of the general management plan 
approved for the Presidio, the Trust shall manage the leasing, 
maintenance, rehabilitation, repair and improvement of property within 
the Presidio which is under its administrative jurisdiction. The Trust 
may participate in the development of programs and activities at the 
properties that have been transferred to the Trust. In exercising its 
powers and duties, the Trust shall have the following 
authorities:</DELETED>
        <DELETED>    (1) The Trust is authorized to manage, lease, 
        maintain, rehabilitate and improve, either directly or by 
        agreement, those properties within the Presidio which are 
        transferred to the Trust by the Secretary.</DELETED>
        <DELETED>    (2)(A) The Trust is authorized to negotiate and 
        enter into such agreements, leases, contracts and other 
        arrangements with any person, firm, association, organization, 
        corporation or governmental entity, including without 
        limitation entities of Federal, State and local governments 
        (except any agreement to convey fee title to any property 
        located at the Presidio) as are necessary and appropriate to 
        finance and carry out its authorized activities. 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).</DELETED>
        <DELETED>    (B) Except as provided in subparagraphs (C), (D), 
        and (E), Federal laws and regulations governing procurement by 
        Federal agencies shall apply to the Trust.</DELETED>
        <DELETED>    (C) In exercising authority under section 303(g) 
        of the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 253(g)) relating to simplified purchase procedures, 
        the Trust is authorized, to use as the dollar limit of each 
        purchase or contract under this subsection an amount which does 
        not exceed $500,000.</DELETED>
        <DELETED>    (D) In carrying out the requirement of section 18 
        of the Office of Federal Procurement Policy Act (41 U.S.C 416), 
        the Trust is authorized to furnish 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.</DELETED>
        <DELETED>    (E) The Trust shall establish procedures for lease 
        agreements and other agreements for use and occupancy of 
        Presidio facilities, including a requirement that in entering 
        into such agreements the Trust shall obtain reasonable 
        competition.</DELETED>
        <DELETED>    (F) The Trust shall develop a comprehensive 
        program for management of those lands and facilities within the 
        Presidio which are transferred to the Trust. Such program shall 
        be designed to reduce costs to the maximum extent possible. In 
        carrying out this program, the Trust shall be treated as a 
        successor in interest to the National Park Service with respect 
        to compliance with the National Environmental Policy Act and 
        other environmental compliance statutes. Such program shall 
        consist of--</DELETED>
                <DELETED>    (i) demolition of all structures which 
                cannot be cost-effectively rehabilitated and are not of 
                the highest degree of historical 
                significance,</DELETED>
                <DELETED>    (ii) new construction which would be 
                limited to replacement of existing structures of 
                similar size in existing areas of development, 
                and</DELETED>
                <DELETED>    (iii) examination of a full range of 
                reasonable options for carrying out routine 
                administrative and facility management 
                programs.</DELETED>
        <DELETED>The Trust shall consult with the Secretary in the 
        preparation of this program.</DELETED>
        <DELETED>    (3) The Trust is authorized to appoint and fix the 
        compensation and duties of an executive director and such other 
        officers and employees as it deems necessary without regard to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and may pay them 
        without regard to the provisions of chapter 51, and subchapter 
        III of chapter 53, title 5, United States Code (relating to 
        classification and General Schedule pay rates).</DELETED>
        <DELETED>    (4) To augment or encourage the use of non-Federal 
        funds to finance capital improvements on Presidio properties 
        transferred to its jurisdiction, the Trust, in addition to its 
        other authorities, shall have the following 
        authorities:</DELETED>
                <DELETED>    (A) The authority to guarantee any lender 
                against loss of principal or interest on any loan, 
                provided that (i) the terms of the guarantee are 
                approved by the Secretary of the Treasury, (ii) 
                adequate guarantee authority is provided in 
                appropriations Acts, and (iii) such guarantees are 
                structured so as to minimize potential cost to the 
                Federal Government. No loan guarantee under this Act 
                shall cover more than 75 percent of the unpaid balance 
                of the loan. The Secretary of the Treasury shall 
                collect a commercially reasonable guarantee fee in 
                connection with each loan guaranteed under this Act. 
                The authority to enter into any such loan guarantee 
                agreement shall expire at the end of 12 years after the 
                date of enactment of this Act.</DELETED>
                <DELETED>    (B) The authority, subject to available 
                appropriations, to make loans to the occupants of 
                property managed by the Trust for the preservation, 
                restoration, maintenance, or repair of such 
                property.</DELETED>
                <DELETED>    (C) The authority to issue obligations to 
                the Secretary of the Treasury, but only if the 
                Secretary of the Treasury agrees to purchase such 
                obligations after determining that the projects to be 
                funded from the proceeds thereof are credit worthy and 
                that a repayment schedule is established. 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 obligations acquired by 
                the Secretary of the Treasury under this subsection. 
                The aggregate amount of obligations issued under this 
                subparagraph which are outstanding at any one time may 
                not exceed $50,000,000. Obligations issued under this 
                subparagraph shall be in such forms and denominations, 
                bearing such maturities, and subject to such terms and 
                conditions, as may be prescribed by the Secretary of 
                the Treasury, and shall bear interest at a rate 
                determined by the Secretary of the Treasury, taking 
                into consideration current market yields on outstanding 
                marketable obligations of the United States of 
                comparable maturities. No funds appropriated to the 
                Trust may be used for repayment of principal or 
                interest on, or redemption of, obligations issued under 
                this paragraph. All obligations purchased under 
                authority of this subparagraph must be authorized in 
                advance in appropriations Acts.</DELETED>
                <DELETED>    (D) The Trust shall be deemed to be a 
                public agency for the purpose of entering into joint 
                exercise of powers agreements pursuant to California 
                government code section 6500 and following.</DELETED>
        <DELETED>    (5) The Trust may solicit and accept donations of 
        funds, property, supplies, or services from individuals, 
        foundations, corporations, and other private or public entities 
        for the purpose of carrying out its duties. The Trust shall 
        maintain philanthropic liaison with the Golden Gate National 
        Park Association, the fund raising association for the Golden 
        Gate National Recreation Area.</DELETED>
        <DELETED>    (6) Notwithstanding section 1341 of title 31 of 
        the United States Code, all proceeds received by the Trust 
        shall be retained by the Trust, and such proceeds shall be 
        available, without further appropriation, for the preservation, 
        restoration, operation and maintenance, improvement, repair and 
        related expenses incurred with respect to Presidio properties 
        under its jurisdiction. 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.</DELETED>
        <DELETED>    (7) The Trust may sue and be sued in its own name 
        to the same extent as the Federal Government. Litigation 
        arising out of the activities of the Trust shall be conducted 
        by the Attorney General, as needed; except that the Trust may 
        retain private attorneys to provide advice and counsel, and to 
        represent the Trust in proceedings to enforce and defend the 
        contractual obligations of the Trust.</DELETED>
        <DELETED>    (8) The Trust shall have all necessary and proper 
        powers for the exercise of the authorities invested in 
        it.</DELETED>
        <DELETED>    (9) For the purpose of compliance with applicable 
        laws and regulations concerning properties transferred to the 
        Trust by the Secretary, the Trust shall negotiate directly with 
        regulatory authorities.</DELETED>
<DELETED>    (e) Insurance.--The Trust shall procure insurance against 
any loss in connection with the properties managed by it or its 
authorized activities as is reasonable and customary.</DELETED>
<DELETED>    (f) Building Code Compliance.--The Trust shall bring all 
properties under its jurisdiction into compliance with Federal building 
codes and regulations appropriate to use and occupancy within 10 years 
after the enactment of this Act.</DELETED>
<DELETED>    (g) Taxes.--The Trust shall be exempt from all taxes and 
special assessments of every kind in the State of California, and its 
political subdivisions, including the city and county of San 
Francisco.</DELETED>
<DELETED>    (h) Financial Information and Report.--(1) The Trust shall 
be treated as a wholly owned Government corporation subject to chapter 
91 of title 31, United States Code (commonly referred to as the 
Government Corporation Control Act). Financial statements of the Trust 
shall be audited annually in accordance with section 9105 of title 31 
of the United States Code.</DELETED>
<DELETED>    (2) At the end of each calendar year, the Trust shall 
submit to the Congress a comprehensive 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.</DELETED>
<DELETED>    (i) Savings Clause.--Nothing in this section shall 
preclude the Secretary from exercising any of the Secretary's lawful 
powers within the Presidio.</DELETED>
<DELETED>    (j) 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 for the Presidio and to the generation of 
revenues to offset costs of the Presidio. The Trust shall give priority 
to the following categories of tenants: tenants that enhance the 
financial viability of the Presidio thereby contributing to the 
preservation of the scenic beauty and natural character of the area; 
tenants that facilitate the cost-effective preservation of historic 
buildings through their reuse of such buildings, or tenants that 
promote through their activities the general programmatic content of 
the plan.</DELETED>
<DELETED>    (k) Reversion.--If the Trust reasonably determines by a 
two-thirds vote of its Board of Directors that it has materially failed 
to, or cannot, carry out the provisions of this Act, all lands and 
facilities administered by the Trust shall revert to the Secretary of 
Defense to be disposed of in accordance with section 2905(b) of the 
Defense Authorization Act of 1990 (104 Stat. 1809), except that--
</DELETED>
        <DELETED>    (1) the terms and conditions of all agreements and 
        loans regarding such lands and facilities entered into by the 
        Trust shall be binding on any successor in interest; 
        and</DELETED>
        <DELETED>    (2) the city of San Francisco shall have the first 
        right of refusal to accept all lands and facilities formerly 
        administered by the Trust.</DELETED>
<DELETED>    (l) Limitations on Funding.--(1) From amounts made 
available to the Secretary for the operation of areas within the Golden 
Gate National Recreation Area, not more than $25,000,000 shall be 
available to carry out this Act in each fiscal year after the enactment 
of this Act until the plan is submitted under paragraph (2). Such sums 
shall remain available until expended.</DELETED>
<DELETED>    (2) Within one year after establishment of the Trust, the 
Trust shall submit to Congress a plan which includes a schedule of 
annual decreasing Federally appropriated funding such as will achieve 
total self-sufficiency for the Trust within 12 complete fiscal years 
after establishment of the Trust. That plan shall provide for annual 
reductions in Federally appropriated funding such that the Trust will 
be 80 percent self-sufficient at the end of 7 complete fiscal years 
after establishment. The plan shall provide for elimination of all 
Federally appropriated funding for public safety and fire protection 
purposes on lands or facilities administered by the Trust at the end of 
5 complete fiscal years after establishment of the Trust. For each of 
the 11 fiscal years after fiscal year 1997, there are authorized to be 
appropriated to the Trust not more than the amounts specified in such 
plan. Such sums shall remain available until expended.</DELETED>
<DELETED>    (m) GAO Audit.--Ten years after the date of establishment 
of the Trust, the General Accounting Office shall conduct a complete 
audit of the activities of the Trust and shall report the results of 
that audit to the appropriate congressional committees. The General 
Accounting Office shall include in that audit an analysis of the 
ability of the Trust to initiate payments to the Treasury.</DELETED>
<DELETED>    (n) 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.</DELETED>

SECTION 1. FINDINGS.

    The Congress finds that--
            (1) the Presidio, 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 continuously operated 
        military post in the Nation dating from 1776, and was 
        designated a National Historic Landmark in 1962;
            (3) preservation of the cultural and historic integrity of 
        the Presidio for public use recognizes its significant role in 
        the history of the United States;
            (4) the Presidio, in its entirety, is part of the Golden 
        Gate National Recreation Area, in accordance with Public Law 
        92-589;
            (5) as part of the Golden Gate National Recreation Area, 
        the Presidio's significant natural, historic, scenic, cultural, 
        and recreational resources must be managed in a manner which is 
        consistent with sound principles of land use planning and 
        management, and which protects the Presidio from development 
        and uses which would destroy the scenic beauty and historic and 
        natural character of the area and cultural and recreational 
        resources;
            (6) removal and/or replacement of some structures within 
        the Presidio must be considered as a management option in the 
        administration of the Presidio; and
            (7) the Presidio will be managed through an innovative 
        public/private partnership that minimizes cost to the United 
        States Treasury and makes efficient use of private sector 
        resources.

SEC. 2. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF THE INTERIOR.

    (a) Interim Authority.--The Secretary of the Interior (hereinafter 
in this Act referred to as the ``Secretary'') is authorized to manage 
leases in existence on the date of this Act for properties under the 
administrative jurisdiction of the Secretary and located at the 
Presidio. Upon the expiration of any such lease, the Secretary may 
extend such lease for a period terminating not later than 6 months 
after the first meeting of the Presidio Trust. The Secretary may not 
enter into any new leases for property at the Presidio to be 
transferred to the Presidio Trust under this Act. Prior to the transfer 
of administrative jurisdiction over any property to the Presidio Trust, 
and notwithstanding section 1341 of title 31 of the United States Code, 
the proceeds from any such lease shall be retained by the Secretary and 
such proceeds shall be available, without further appropriation, for 
the preservation, restoration, operation and maintenance, improvement, 
repair and related expenses incurred with respect to Presidio 
properties. The Secretary may adjust the rental charge on any such 
lease for any amounts to be expended by the lessee for preservation, 
maintenance, restoration, improvement, repair and related expenses with 
respect to properties and infrastructure within the Presidio.
    (b) Public Information and Interpretation.--The Secretary shall be 
responsible, in cooperation with the Presidio Trust, for providing 
public interpretive services, visitor orientation and educational 
programs on all lands within the Presidio.
    (c) Other.--Those lands and facilities within the Presidio that are 
not transferred to the administrative jurisdiction of the Presidio 
Trust shall continue to be managed by the Secretary. The Secretary and 
the Presidio Trust shall cooperate to ensure adequate public access to 
all portions of the Presidio. Any infrastructure and building 
improvement projects that were funded prior to the enactment of this 
Act shall be completed by the National Park Service.
    (d) Park Service Employees.--Any career employee of the National 
Park Service, employed at the Presidio at the time of the transfer of 
lands and facilities to the Presidio Trust, shall not be separated from 
the Service by reason of such transfer, unless such employee is 
employed by the Trust, other than on detail. The Trust shall have sole 
discretion over whether to hire any such employee or request a detail 
of such employee.

SEC. 3. ESTABLISHMENT OF THE PRESIDIO TRUST.

    (a) Establishment.--There is established a wholly owned government 
corporation to be known as the Presidio Trust (hereinafter in this Act 
referred to as the ``Trust'').
    (b) Transfer.--(1) Within 60 days after receipt of a request from 
the Trust for the transfer of any parcel within the area depicted as 
Area B on the map entitled ``Presidio Trust Number 1,'' dated December 
7, 1995, the Secretary shall transfer such parcel to the administrative 
jurisdiction of the Trust. Within one year after the first meeting of 
the Board of Directors of the Trust, the Secretary shall transfer to 
the Trust administrative jurisdiction over all remaining parcels within 
Area B. Such map shall be on file and available for public inspection 
in the offices of the Trust and in the offices of the National Park 
Service, Department of the Interior. The Trust and the Secretary may 
jointly make technical and clerical revisions in the boundary depicted 
on such map. The Secretary shall retain jurisdiction over those 
portions of the building identified as number 102 as the Secretary 
deems essential for use as a visitor center. The Building shall be 
named the ``William Penn Mott Visitor Center''. Any parcel of land, the 
jurisdiction over which is transferred pursuant to this subsection, 
shall remain within the boundary of the Golden Gate National Recreation 
Area.
    (2) Within 60 days after the first meeting of the Board of 
Directors of the Trust, the Trust and the Secretary shall determine 
cooperatively which records, equipment, and other personal property are 
deemed to be necessary for the immediate administration of the 
properties to be transferred, and the Secretary shall immediately 
transfer such personal property to the Trust. Within one year after the 
first meeting of the Board of Directors of the Trust, the Trust and the 
Secretary shall determine cooperatively what, if any, additional 
records, equipment, and other personal property used by the Secretary 
in the administration of the properties to be transferred should be 
transferred to the Trust.
    (3) The Secretary shall transfer, with the transfer of 
administrative jurisdiction over any property, the unobligated balance 
of all funds appropriated to the Secretary, all leases, concessions, 
licenses, permits, and other agreements affecting such property.
    (c) Board of Directors.--
            (1) In general.--The powers and management of the Trust 
        shall be vested in a Board of Directors (hereinafter referred 
        to as the ``Board'') consisting of the following 7 members:
                    (A) the Secretary of the Interior or the 
                Secretary's designee; and
                    (B) six individuals, who are not employees of the 
                Federal Government, appointed by the President, who 
                shall possess extensive knowledge and experience in one 
                or more of the fields of city planning, finance, real 
                estate development, and resource conservation. At least 
                one of these individuals shall be a veteran of the 
                Armed Services. At least 3 of these individuals shall 
                reside in the San Francisco Bay Area. The President 
                shall make the appointments referred to in this 
                subparagraph within 90 days after the enactment of this 
                Act and shall ensure that the fields of city planning, 
                finance, real estate development, and resource 
                conservation are adequately represented. Upon 
                establishment of the Trust, the Chairman of the Board 
                of Directors of the Trust shall meet with the Chairman 
                of the Energy and Natural Resources Committee of the 
                United States Senate and the Chairman of the Resources 
                Committee of the United States House of 
                Representatives.
            (2) Terms.--Members of the Board appointed under paragraph 
        (1)(B) shall each serve for a term of 4 years, except that of 
        the members first appointed, 3 shall serve for a term of 2 
        years. Any vacancy in the Board 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. No appointed member may serve more than 8 years in 
        consecutive terms.
            (3) Quorum.--Four members of the Board shall constitute a 
        quorum for the conduct of business by the Board.
            (4) Organization and compensation.--The Board shall 
        organize itself in such a manner as it deems most appropriate 
        to effectively carry out the authorized activities of the 
        Trust. Board members shall serve without pay, but may be 
        reimbursed for the actual and necessary travel and subsistence 
        expenses incurred by them in the performance of the duties of 
        the Trust.
            (5) Liability of directors.--Members of the Board of 
        Directors shall not be considered Federal employees by virtue 
        of their membership on the Board, except for purposes of the 
        Federal Tort Claims Act and the Ethics in Government Act, and 
        the provisions of chapter 11 of title 18, United States Code.
            (6) Meetings.--The Board shall meet at least three times 
        per year in San Francisco and at least two of those meetings 
        shall be open to the public. Upon a majority vote, the Board 
        may close any other meetings to the public. The Board shall 
        establish procedures for providing public information and 
        opportunities for public comment regarding policy, planning, 
        and design issues through the Golden Gate National Recreation 
        Area Advisory Commission.
            (7) Staff.--The Trust is authorized to appoint and fix the 
        compensation and duties of an executive director and such other 
        officers and employees as it deems necessary without regard to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and may pay them 
        without regard to the provisions of chapter 51, and subchapter 
        III of chapter 53, title 5, United States Code, relating to 
        classification and General Schedule pay rates, except that no 
        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.
            (8) Necessary powers.--The Trust shall have all necessary 
        and proper powers for the exercise of the authorities vested in 
        it.
            (9) Taxes.--The Trust and all properties administered by 
        the Trust shall be exempt from all taxes and special 
        assessments of every kind by the State of California, and its 
        political subdivisions, including the city and county of San 
        Francisco.
            (10) Government corporation.--(A) The Trust shall be 
        treated as a wholly owned Government corporation subject to 
        chapter 91 of title 31, United States Code (commonly referred 
        to as the Government Corporation Control Act). Financial 
        statements of the Trust shall be audited annually in accordance 
        with section 9105 of title 31 of the United States Code.
            (B) At the end of each calendar year, the Trust shall 
        submit to the Committee on Energy and Natural Resources of the 
        United States Senate and the Committee on Resources of the 
        House of Representatives a comprehensive 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.

SEC. 4. DUTIES AND AUTHORITIES OF THE TRUST.

    (a) Overall Requirements of the Trust.--The Trust shall manage the 
leasing, maintenance, rehabilitation, repair and improvement of 
property within the Presidio under its administrative jurisdiction 
using the authorities provided in this section, which shall be 
exercised 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 in accordance with the general objectives of the General Management 
Plan (hereinafter referred to as the ``management plan'') approved for 
the Presidio.
    (b) The Trust may participate in the development of programs and 
activities at the properties transferred to the Trust. The Trust shall 
have the authority to negotiate and enter into such agreements, leases, 
contracts and other arrangements with any person, firm, association, 
organization, corporation or governmental entity, including, without 
limitation, entities of Federal, State, and local governments as are 
necessary and appropriate to finance and carry out its authorized 
activities. Any such agreement may be entered into without regard to 
section 321 of the Act of June 30, 1932 (40 U.S.C. 303b). The Trust 
shall establish procedures for lease agreements and other agreements 
for use and occupancy of Presidio facilities, including a requirement 
that in entering into such agreements the Trust shall obtain reasonable 
competition. The Trust may not dispose of or convey fee title to any 
real property transferred to it under this Act. Federal laws and 
regulations governing procurement by Federal agencies shall not apply 
to the Trust except that the Trust, in consultation with the 
Administrator of Federal Procurement Policy, shall establish and 
promulgate procedures applicable to the Trust's procurement of goods 
and services including, but not limited to, the award of contracts on 
the basis of contractor qualifications, price, commercially reasonable 
buying practices, and reasonable competition.
    (c) The Trust shall develop a comprehensive program for management 
of those lands and facilities within the Presidio which are transferred 
to the administrative jurisdiction of the Trust. Such program shall be 
designed to reduce expenditures by the National Park Service and 
increase revenues to the Federal Government to the maximum extent 
possible. In carrying out this program, the Trust shall be treated as a 
successor in interest to the National Park Service with respect to 
compliance with the National Environmental Policy Act and other 
environmental compliance statutes. Such program shall consist of--
            (1) demolition of structures which in the opinion of the 
        Trust, cannot be cost-effectively rehabilitated, and which are 
        identified in the management plan for demolition,
            (2) evaluation for possible demolition or replacement those 
        buildings identified as categories 2 through 5 in the Presidio 
        of San Francisco Historic Landmark District Historic American 
        Buildings Survey Report, dated 1985,
            (3) new construction limited to replacement of existing 
        structures of similar size in existing areas of development, 
        and
            (4) examination of a full range of reasonable options for 
        carrying out routine administrative and facility management 
        programs.
The Trust shall consult with the Secretary in the preparation of this 
program.
    (d) To augment or encourage the use of non-Federal funds to finance 
capital improvements on Presidio properties transferred to its 
jurisdiction, the Trust, in addition to its other authorities, shall 
have the following authorities subject to the Federal Credit Reform Act 
of 1990 (2 U.S.C. 661 et seq.):
                    (1) The authority to guarantee any lender against 
                loss of principal or interest on any loan, provided 
                that (A) the terms of the guarantee are approved by the 
                Secretary of the Treasury, (B) adequate subsidy budget 
                authority is provided in advance in appropriations 
                acts, and (C) such guarantees are structured so as to 
                minimize potential cost to the Federal Government. No 
                loan guarantee under this Act shall cover more than 75 
                percent of the unpaid balance of the loan. The Trust 
                may collect a fee sufficient to cover its costs in 
                connection with each loan guaranteed under this Act. 
                The authority to enter into any such loan guarantee 
                agreement shall expire at the end of 15 years after the 
                date of the enactment of this Act.
            (2) The authority, subject to appropriations, to make loans 
        to the occupants of property managed by the Trust for the 
        preservation, restoration, maintenance, or repair of such 
        property.
            (3) The authority to issue obligations to the Secretary of 
        the Treasury, but only if the Secretary of the Treasury agrees 
        to purchase such obligations after determining that the 
        projects to be funded from the proceeds thereof are credit 
        worthy and that a repayment schedule is established and only to 
        the extent authorized in advance in appropriations acts. 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 
        obligations acquired by the Secretary of the Treasury under 
        this subsection. Obligations issued under this subparagraph 
        shall be in such forms and denominations, bearing such 
        maturities, and subject to such terms and conditions, as may be 
        prescribed by the Secretary of the Treasury, and shall bear 
        interest at a rate determined by the Secretary of the Treasury, 
        taking into consideration current market yields on outstanding 
        marketable obligations of the United States of comparable 
        maturities. No funds appropriated to the Trust may be used for 
        repayment of principal or interest on, or redemption of, 
        obligations issued under this paragraph.
            (4) The aggregate amount of obligations issued under this 
        subsection which are outstanding at any one time may not exceed 
        $50,000,000.
    (e) The Trust may solicit and accept donations of funds, property, 
supplies, or services from individuals, foundations, corporations, and 
other private or public entities for the purpose of carrying out its 
duties. The Trust shall maintain a liaison with the Golden Gate 
National Park Association.
    (f) Notwithstanding section 1341 of title 31 of the United States 
Code, all proceeds received by the Trust shall be retained by the 
Trust, and such proceeds shall be available, without further 
appropriation, for the preservation, restoration, operation and 
maintenance, improvement, repair and related expenses incurred with 
respect to Presidio properties under its administrative jurisdiction. 
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.
    (g) The Trust may sue and be sued in its own name to the same 
extent as the Federal Government. Litigation arising out of the 
activities of the Trust shall be conducted by the Attorney General; 
except that the Trust may retain private attorneys to provide advice 
and counsel. The District Court for the Northern District of California 
shall have exclusive jurisdiction over any suit filed against the 
Trust.
    (h) The Trust shall enter into a Memorandum of Agreement with the 
Secretary, acting through the Chief of the United States Park Police, 
for the conduct of law enforcement activities and services within those 
portions of the Presidio transferred to the administrative jurisdiction 
of the Trust.
    (i) The Trust is authorized, in consultation with the Secretary, to 
adopt and to enforce those rules and regulations that are applicable to 
the Golden Gate National Recreation Area and that may be necessary and 
appropriate to carry out its duties and responsibilities under this 
Act. The Trust shall give notice of the adoption of such rules and 
regulations by publication in the Federal Register.
    (j) For the purpose of compliance with applicable laws and 
regulations concerning properties transferred to the Trust by the 
Secretary, the Trust shall negotiate directly with regulatory 
authorities.
    (k) Insurance.--The Trust shall require that all leaseholders and 
contractors procure proper insurance against any loss in connection 
with properties under lease or contract, or the authorized activities 
granted in such lease or contract, as is reasonable and customary.
    (l) Building Code Compliance.--The Trust shall bring all properties 
under its administrative jurisdiction into compliance with Federal 
building codes and regulations appropriate to use and occupancy within 
10 years after the enactment of this Act to the extent practicable.
    (m) Leasing.--In managing and leasing the properties transferred to 
it, the Trust consider the extent to which prospective tenants 
contribute to the implementation of the General Management Plan for the 
Presidio and to the maximum generation of revenues to the Federal 
Government. The Trust shall give priority to the following categories 
of tenants: tenants that enhance the financial viability of the 
Presidio; tenants that maximize the amount of revenues to the Federal 
Government; and tenants that facilitate the cost-effective preservation 
of historic buildings through their reuse of such buildings.
    (n) Reversion.--If, at the expiration of 15 years, the Trust has 
not accomplished the goals and objectives of the plan required in 
section (5)(b) of this Act, then all property under the administrative 
jurisdiction of the Trust pursuant to section (3)(b) of this Act shall 
be transferred to the Administrator of the General Services 
Administration to be disposed of in accordance with the procedures 
outlined in the Defense Authorization Act of 1990 (104 Stat. 1809), and 
any real property so transferred shall be deleted from the boundary of 
the Golden Gate National Recreation Area.

SEC. 5. LIMITATIONS ON FUNDING.

    (a)(1) From amounts made available to the Secretary for the 
operation of areas within the Golden Gate National Recreation Area, not 
more than $25,000,000 shall be available to carry out this Act in each 
fiscal year after the enactment of this Act until the plan is submitted 
under subsection (b). Such sums shall remain available until expended.
    (2) After the plan required in subsection (b) is submitted, and for 
each of the 14 fiscal years thereafter, there are authorized to be 
appropriated to the Trust not more than the amounts specified in such 
plan. Such sums shall remain available until expended. Of such sums, 
not more than $3 million annually shall be available through the Trust 
for law enforcement activities and services to be provided by the 
United States Park Police at the Presidio in accordance with section 
4(h) of this Act.
    (b) Within one year after the first meeting of the Board of 
Directors of the Trust, the Trust shall submit to Congress a plan which 
includes a schedule of annual decreasing federally appropriated funding 
that will achieve, at a minimum, self-sufficiency for the Trust within 
15 complete fiscal years after such meeting of the Trust.
    (c) The Administrator of the General Services Administration shall 
provide necessary assistance to the Trust in the formulation and 
submission of the annual budget request for the administration, 
operation, and maintenance of the Presidio.

SEC. 6. GENERAL ACCOUNTING OFFICE STUDY.

    (a) Three years after the first meeting of the Board of Directors 
of the Trust, the General Accounting Office shall conduct an interim 
study of the activities of the Trust and shall report the results of 
the study to the Committee on Energy and Natural Resources and the 
Committee on Appropriations of the United States Senate, and the 
Committee on Resources and Committee on Appropriations of the House of 
Representatives. The study shall include, but shall not be limited to, 
details of how the Trust is meeting its obligations under this Act.
    (b) In consultation with the Trust, the General Accounting Office 
shall develop an interim schedule and plan to reduce and replace the 
Federal appropriations to the extent practicable for interpretive 
services conducted by the National Park Service, and law enforcement 
activities and services, fire and public safety programs conducted by 
the Trust.
    (c) Seven years after the first meeting of the Board of Directors 
of the Trust, the General Accounting Office shall conduct a 
comprehensive study of the activities of the Trust, including the 
Trust's progress in meeting its obligations under this Act, taking into 
consideration the results of the study described in subsection (a) and 
the implementation of plan and schedule required in subsection (b). The 
General Accounting Office shall report the results of the study, 
including any adjustments to the plan and schedule, to the Committee on 
Energy and Natural Resources and the Committee on Appropriations of the 
United States Senate, and the Committee on Resources and Committee on 
Appropriations of the House of Representatives.

            Passed the House of Representatives September 19, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

HR 1296 RS----2
HR 1296 RS----3
HR 1296 RS----4