[Federal Register Volume 63, Number 181 (Friday, September 18, 1998)]
[Proposed Rules]
[Pages 50024-50055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24752]



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Part III





Presidio Trust





_______________________________________________________________________



36 CFR Part 1001, et al.



Management of the Presidio; Proposed Rule

  Federal Register / Vol. 63, No. 181 / Friday, September 18, 1998 / 
Proposed Rules  

[[Page 50024]]



PRESIDIO TRUST

36 CFR Parts 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008 and 
1009

RIN 3212-AA01


Management of the Presidio

AGENCY: The Presidio Trust.

ACTION: Proposed rule.

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SUMMARY: The Presidio Trust (Trust) was created by Congress in 1996 to 
manage the former U.S. Army base known as the Presidio, in San 
Francisco, California. Pursuant to law, administrative jurisdiction of 
approximately 80 percent of this property was transferred from the 
National Park Service (NPS), Department of the Interior (DOI), to the 
Trust as of July 1, 1998. By publication in the Federal Register on 
June 30, 1998 (63 FR 35694), the Trust adopted a final interim rule for 
interim management of the area under its administrative jurisdiction. 
This rulemaking proposes to replace that final interim rule in its 
entirety with the requirements provided herein. Public comment is 
invited on this proposed rule and will be considered by the Trust in 
promulgating a final rule.

DATES: Comments on this rulemaking must be received by November 17, 
1998.

ADDRESSES: Written comments on this proposed rule must be sent to Karen 
A. Cook, General Counsel, The Presidio Trust, 34 Graham Street, P.O. 
Box 29052, San Francisco, CA 94129-0052.

FOR FURTHER INFORMATION CONTACT: Karen A. Cook, General Counsel, The 
Presidio Trust, 34 Graham Street, P.O. Box 29052, San Francisco, CA 
94129-0052, Telephone: 415-561-5300.

SUPPLEMENTARY INFORMATION:

Background

I. Introduction

    The Presidio Trust is a wholly-owned government corporation created 
pursuant to Title I of the Omnibus Parks Public Lands Act of 1996, 
Public Law 104-333, 110 Stat. 4097 (the Trust Act). Pursuant to sec. 
103(b) of the Trust Act, the Secretary of the Interior transferred 
administrative jurisdiction to the Trust of all of Area B of the former 
Presidio Army Base, as shown on the map referenced in the statute, on 
July 1, 1998. Notice of such transfer was published in the Federal 
Register on June 12, 1998 (63 FR 32246).
    Section 104(j) of the Trust Act authorizes the Trust, ``in 
consultation with the Secretary [of the U.S. Department of the 
Interior], 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 the Trust Act. Consistent with that authority, 
and in order to provide for the interim management of the Presidio 
before more extensive regulations could be promulgated, the Trust 
promulgated a final interim rule on June 30, 1998 (63 FR 35694) 
concerning resource protection, public use, and recreation; vehicles 
and traffic safety; and commercial and private operations. These 
regulations, which are currently in effect, are contained in 36 CFR 
chapter X, parts 1001, 1002, 1004, and 1005.
    The proposed regulations contained in this document expand upon and 
revise the final interim regulations. These proposed regulations cover 
such matters for the Presidio as resource protection, public use, and 
recreation; vehicles and traffic safety; commercial and private 
operations; rights-of-way; the need for permits to conduct certain 
activities; and procedures for implementing the Freedom of Information 
Act (FOIA), the Privacy Act, and the Federal Tort Claims Act.
    Prior to proposing these regulations, the Trust consulted with the 
Secretary of the Interior, who serves on the Trust's Board of Directors 
pursuant to sec. 103(c)(1)(A) of the Trust Act, as well as with 
officials of the Department of the Interior, the National Park Service, 
and the U.S. Park Police designated by the Secretary of the Interior to 
facilitate such consultation. The Trust anticipates that such 
consultation will continue during the comment period on these final 
interim regulations.
    The Trust is providing for a public comment period of 60 days on 
these regulations. All comments, including names and addresses, when 
provided, will be placed in the public record and made available for 
public inspection and copying. The Trust will consider each comment 
received within this period and then publish final regulations on these 
topics in the Federal Register. That promulgation will include a 
discussion of any comments received and any amendments made to these 
proposed regulations as a result of the comments.

II. General Principles of This Rulemaking

    The Trust applied three general principles in drafting these 
proposed regulations.
    First, the regulations are designed to deviate as little as 
necessary from the regulations that applied to the Presidio during the 
approximately four-year period in which it was under the administrative 
jurisdiction of the National Park Service. The current regulations for 
the Presidio, which were adopted as a final interim rule, are almost 
identical in substance to those prior regulations.
    Second, the regulations are designed to promote comity with the 
laws and regulations of neighboring jurisdictions. It takes but a 
matter of minutes by automobile, and only slightly longer by bicycle or 
on foot, to traverse the four separate jurisdictions of the Presidio 
Trust Area, the City and County of San Francisco, Marin County, and the 
Golden Gate National Recreation Area (GGNRA). It is therefore important 
for the sake of public notice and law enforcement that the Presidio's 
laws and regulations be consistent with those of its neighboring 
jurisdictions.
    Third, the rules and regulations governing the Presidio Trust's 
internal operations and the conduct of individuals and businesses in 
the Presidio are designed to be as simple and clear as possible. Such 
simplicity and clarity will promote the Trust Act's goal of efficient 
management of the Presidio, while providing other public benefits.
    Each of these principles and its practical application are 
discussed below.
A. Consistency With Existing Regulations
    The primary regulations that governed conduct in the Presidio when 
it was under the administrative jurisdiction of the NPS are found at 36 
CFR parts 1, 2, 4, and 5, and 36 CFR 7.97. These are NPS regulations 
applicable generally to units of the National Park system (36 CFR parts 
1, 2, 4, and 5) and written specifically for the GGNRA (36 CFR 7.97). 
The Presidio is located within the boundaries of the GGNRA. Trust Act, 
sec. 103(b). Likewise, the primary regulations that governed 
administrative matters for the agency administering the Presidio prior 
to its transfer to the Trust are found at 36 CFR part 14 (NPS 
regulations concerning rights-of-way), 36 CFR part 11 (NPS regulations 
concerning use of NPS insignia), 43 CFR part 2 (DOI regulations 
concerning requests under the Freedom of Information Act and the 
Privacy Act), and 43 CFR part 22 (DOI regulations concerning claims 
under the Federal Tort Claims Act).
    The Trust prepared the regulations in this document using these 
prior NPS and DOI regulations as a template. As these regulations were 
reviewed and modified, the Trust applied a principle

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of deviating from these templates only so far as necessary to clarify 
issues, correct minor errors, and reflect the differences between the 
Trust's statute, organization, and mission, on the one hand, and those 
of the NPS and DOI, on the other.
    The section-by-section analysis provided below explains in greater 
detail the changes that are proposed to these source regulations and 
the reasons for those changes. In general, the Trust is proposing not 
to adopt those regulations that are simply inapplicable to the Presidio 
(e.g., snowmobiling rules), those that are intended to promote the 
effective administration of the much larger NPS and DOI organizations, 
and those that reflect the different missions of the NPS and the Trust.
    In a number of instances, material that is part of the current 
GGNRA Superintendent's Compendium has been incorporated into these 
proposed regulations in order to make them clearer and more complete. 
For example, boating on Lobos Creek and Mountain Lake, the only two 
bodies of surface water, is prohibited by the GGNRA Superintendent's 
Compendium. As a result, these proposed regulations simply prohibit 
boating in the Presidio. See Sec. 1002.13. The current GGNRA 
Superintendent's Compendium is available for public inspection at the 
address identified above.
B. Comity With Laws in Neighboring Jurisdictions
    The NPS regulations that governed conduct in the Presidio are to a 
great extent the same regulations that are applicable throughout the 
various units of the National Park system across the country. Because 
the parallel regulations of the Trust will apply primarily to conduct 
in just one locale, the Trust has attempted to tailor these regulations 
to match local standards and conditions.
    Because the prior NPS regulations for the GGNRA address a number of 
forms of conduct that are also addressed by state law, the Trust in a 
number of areas faced a choice between adopting the rule from the NPS 
regulations or allowing the rule provided by California criminal law to 
be applied through the Assimilative Crimes Act (ACA), 18 U.S.C. 13. In 
each instance, the Trust analyzed the need for specifically prohibiting 
conduct in these regulations that is already prohibited under 
California law. In general, the Trust opted to allow California 
criminal law to be applied through the ACA to conduct in the Presidio 
that is not otherwise covered by the Trust's regulations or policies. 
The Trust believes that this approach promotes clarity for residents of 
and visitors to the San Francisco Bay Area, as well as comity with the 
neighboring jurisdictions of Marin County and the City and County of 
San Francisco.
    It is helpful to understand the legal background for this proposal. 
As an example, under the NPS regulations at 36 CFR 2.14, littering is 
prohibited. Littering is also prohibited under California criminal law. 
Cal. Penal Code sec. 374.4. This criminal prohibition under California 
law may be applied to conduct occurring on federal lands such as the 
Presidio through the ACA, 18 U.S.C. 13, but only if such conduct is not 
already ``made punishable by any enactment of Congress * * *.'' Id.
    Courts consider a duly authorized federal regulation an ``enactment 
of Congress'' for purposes of the ACA. See, e.g., United States v. 
Hall, 979 F.2d 320, 322 (3d Cir. 1992). If such conduct is already 
addressed by federal law, only federal law may be applied to the 
violator. See Williams v. United States, 327 U.S. 711, 724 (1946) (``If 
[the federal agency] had been satisfied to * * * apply local law to 
this and related offenses it would have been simple for it to have left 
the offense to the Assimilative Crimes Act.''); United States v. 
Palmer, 956 F.2d 189, 192 (9th Cir. 1992) (quoting Williams in holding 
that the NPS cannot enforce state law penalties against driving while 
intoxicated because there is already an NPS regulation addressing such 
conduct). As a result, if the Trust were to adopt the NPS regulation 
against littering, the Trust would not be able to enforce the 
California law against littering.
    The Trust believes that confusion might result from adopting 
prohibitions on conduct that instead may be prohibited by application 
of California law through the ACA. There has been a significant number 
of legal disputes concerning which rule applies in such instances. The 
U.S. Supreme Court recently provided guidance for answering such 
questions in Lewis v. United States, ______ U.S. ______, 118 S. Ct. 
1135 (1998). In this case, the Court articulated a two-part test for 
determining whether conduct on federal lands may be penalized under 
state law:

    [A] court must first ask the question that the ACA's language 
requires: Is the defendant's ``act or omission * * * made punishable 
by any enactment of Congress.'' * * * If the answer to this question 
is ``no,'' that will normally end the matter. The ACA presumably 
would assimilate the statute. If the answer to the question is 
``yes,'' however, the court must ask the further question whether 
the federal statutes that apply to the ``act or omission'' preclude 
application of the state law in question, say because its 
application would interfere with the achievement of a federal policy 
* * *, because the state law would effectively rewrite an offense 
definition that Congress carefully considered * * *, or because 
federal statutes reveal an intent to occupy so much of a field as 
would exclude use of the particular state statute at issue * * *.

Lewis, 118 S. Ct. at 1141 (citations omitted). The Court went on to 
recognize that the complexity of state and federal criminal statutes 
makes it impossible ``for a touchstone to provide an automatic general 
answer to this second question.'' Id. at 1142.
    Executive Order 12988 requires that regulations adopted by the 
Trust ``provide[] a clear legal standard for affected conduct rather 
than a general standard, while promoting simplification and burden 
reduction * * *'' See Executive Order 12988, sec. 3(b)(2)(C). In order 
to avoid ambiguity, and to make clear to all persons who may enter, 
work or reside in the Presidio precisely which conduct is prohibited 
and in what manner violations will be penalized, the Trust has 
therefore drafted these proposed regulations to prohibit only such 
conduct as cannot be prohibited by application of state law (e.g., 
because state law does not proscribe such conduct).
    The practical effect of this approach would be to reduce the 
enumeration of prohibited conduct in these regulations as compared to 
the NPS regulations. For example, although operating a motor vehicle 
under the influence of alcohol or drugs is prohibited by the NPS 
regulations at 36 CFR 4.23, no such prohibition appears in the Trust's 
regulations. Instead, persons who drive while under the influence of 
alcohol or drugs in the Presidio would be charged in federal court 
under the substantive provisions of California law, including its 
definition of the prohibited conduct and its penalties. They would be 
apprehended, investigated, and prosecuted, however, according to the 
procedures of federal law, including, for example, the testing 
procedures retained in Sec. 1003.7 of these proposed regulations.
    Under this approach, the Trust has not incorporated into these 
proposed regulations the following provisions of existing NPS 
regulations at 36 CFR:
2.4(f)  Carrying firearms
2.14(a)  Sanitation and refuse
2.30  Misappropriation of property and services
2.31  Trespassing, tampering and vandalism

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2.34  Disorderly conduct
2.35  Alcoholic beverages and controlled substances
4.10(c)(3)  Headlamps
4.12  Traffic control devices
4.13  Obstructing traffic
4.14  Open container of alcoholic beverage
4.20  Right-of-way 4.21(c) Speed limits
4.23  Operating under the influence of alcohol or drugs

    The Trust's silence on the foregoing issues in these proposed 
regulations should not be interpreted as expressing any intent not to 
take such conduct seriously or to vary from its treatment or 
enforcement under prior law. Rather, by proposing not to incorporate 
these provisions from the NPS regulations, the Trust is merely looking 
to California law rather than NPS regulations to provide the applicable 
rule. The Trust does not anticipate that this will effect any practical 
change in enforcement or conduct in the Presidio, but instead will 
result in clearer and more concise regulations, greater notice to the 
public, and reduced opportunities for legal disputes.
    California criminal statutes do not cover all possible forms of 
misconduct that would impede the efficient management of the Presidio. 
As a result, the Trust has maintained specific prohibitions in these 
proposed regulations where the conduct is not addressed by any such 
criminal statute. For example, it is not against California law to 
violate the provisions of a permit issued by the Presidio Trust. As a 
result, the Trust has maintained prohibitions of such conduct that are 
part of the NPS regulations. See Sec. 1001.6(f).
    The Trust's proposed use of the ACA to apply the substantive 
provisions of California law to criminal conduct in the Presidio in no 
way diminishes or limits the exclusivity of federal jurisdiction over 
the Presidio. Under these proposed regulations, State and local laws 
applicable to such issues as zoning, building permits, land use 
planning, rent control, property taxes, building codes, and the like 
will continue to have no applicability to activities of the Presidio 
Trust or others within the area administered by the Presidio Trust.
    To summarize, prohibitions on conduct in the Presidio fall into two 
categories, and each category has a separate source of penalties for 
offending conduct in that category. First, conduct made criminal by 
California law (but not by federal law) would be prohibited in the 
Presidio by application of the ACA and would be punished according to 
the substantive California law. Second, conduct that is not prohibited 
by California law but that is prohibited directly by these regulations 
or other federal law would be punished according to applicable federal 
law. Violations in both categories would be enforced in federal court 
according to federal procedures.
    The Trust believes that this interlocking structure will be clear 
in application. Residents of California and visitors in California 
generally expect California law to apply to their conduct throughout 
the State and are more likely to be aware of the rules that apply to 
their conduct under California law than under these specific 
regulations for the Presidio. By applying California law to conduct in 
the Presidio to the greatest extent possible (where there is no 
differing federal policy interest), and by avoiding promulgating 
regulations concerning conduct that is already addressed by California 
law, the Trust seeks to promote consistency with the laws of 
neighboring jurisdictions and thereby to reduce confusion on the part 
of residents of and visitors to the Presidio.
    Under sec. 104(i) of the Trust Act, enforcement of these 
regulations, as well as applicable California law, will be the 
responsibility of the U.S. Park Police, the federal agency that 
provides professional law enforcement services for units of the 
National Park system. The Trust has been informed by the U.S. Park 
Police that its officers assigned to the GGNRA are familiar with and 
trained in the application of California state law in addition to the 
application of federal law and the existing NPS regulations, which 
these regulations parallel in many respects. As a result, the Trust 
anticipates no administrative difficulties with respect to the 
enforcement of these proposed regulations.
    The Trust is particularly interested in public comment on this 
proposal, as it reflects a significant deviation from prior practice 
within the area now administered by the Presidio Trust. The Trust views 
the primary alternative to be to promulgate regulations that are much 
more similar to the prior NPS regulations and the current Trust 
regulations found at 36 CFR parts 1001, 1002, 1004, and 1005.
C. Simplicity
    Although the Trust used the NPS and DOI regulations as templates 
for these proposed regulations, the Trust sought to simplify and 
shorten the source regulations to the greatest extent possible, 
consistent with Executive Orders 12861 and 12988. The Trust did this in 
four major ways:
    First, these proposed regulations do not incorporate those 
provisions from the NPS and DOI regulations that are simply 
inapplicable to the Presidio, for example, regulations dealing with 
snowmobiling or winter activities. Where appropriate, the proposed 
regulations also reduce the level of detail provided concerning conduct 
that is unlikely to form a significant part of the user experience in 
the Presidio, such as hunting and trapping. Because there are no 
private inholdings within the Presidio, the Trust was also able to 
avoid incorporating provisions in the source regulations that address 
such situations.
    Second, these proposed regulations consolidate, to the extent 
consistent with considerations of clarity, certain provisions of the 
NPS and DOI regulations that are repeated in various places throughout 
those regulations. For example, each section of the NPS regulations 
that authorizes the issuance of a permit for a certain activity also 
notes that violation of the terms and conditions of such a permit is 
prohibited. Rather than incorporate this phrase repeatedly, these 
proposed regulations state at the outset (in Sec. 1001.6(f)) that 
violation of the terms and conditions of any permit issued under these 
regulations is prohibited.
    Third, these proposed regulations reorganize certain of the 
provisions in the NPS and DOI regulations in order to place regulations 
on the same general topic near each other. For example, the proposed 
regulations place the provisions concerning commercial vehicles in the 
part concerning vehicles and traffic safety instead of in the part 
concerning commercial operations. They incorporate the specific 
provisions of 36 CFR 7.97 (regulations applicable only to the GGNRA) 
into the appropriate areas of the proposed regulations. And they 
incorporate certain DOI regulations governing commercial photography 
(43 CFR 5.1) into the portion of these proposed regulations concerning 
such issues (see Sec. 1004.4).
    Fourth, and most important, as part of its goal of simplifying the 
existing regulations, the Trust also sought with these proposed 
regulations to promote clarity concerning the internal division of 
duties and authority, particularly as between the Board of Directors, 
whose members are not full-time government employees, and the Executive 
Director and other employees of the Trust.
    The primary source of this internal division is Sec. 1001.8, in 
which the chain of authority is clarified and rules are laid out for 
appealing decisions to the Board of Directors, or a court of competent 
jurisdiction. Elsewhere in the

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proposed regulations, though, care has been taken to identify the 
authorized entity for issuing permits or making given decisions, 
whether that be the Board (generally for issues of policy), the 
Executive Director (for most specific decisions), or the FOIA or 
Privacy Act Officers (for matters within their areas of delegated 
responsibility).
    A number of NPS regulations contain the following language: ``The 
regulations contained in this section apply, regardless of land 
ownership, on all lands and waters within a park area that are under 
the legislative jurisdiction of the United States.'' These include the 
following provisions:
     Wildlife protection (36 CFR 2.2(g))
     Fishing (36 CFR 2.3(g))
     Weapons, traps, and nets (36 CFR 2.4(g))
     Fires (36 CFR 2.13(d))
     Property (abandoned property) (portions of 36 CFR 2.22(d))
     Misappropriation of property and services (36 CFR 2.30(b))
     Trespassing, tampering, and vandalism (36 CFR 2.31(b))
     Interfering with agency functions (36 CFR 2.32(b))
     Disorderly conduct (36 CFR 2.34(b))
     Gambling (36 CFR 2.36(b))
    These provisions were intended to allow the NPS ``to respond to 
complaints on the private property'' within park areas. 48 FR 30252, 
30253 (June 30, 1983). Because the areas over which the Presidio Trust 
has administrative jurisdiction contain no private inholdings, and 
because these areas are subject to exclusive federal jurisdiction, 
these provisions are unnecessary and do not appear in these proposed 
regulations.
    The Trust has also retained in these proposed regulations an 
efficient and effective administrative vehicle used by the NPS in 
managing its many diverse units. For most of these units, including the 
GGNRA, the NPS has developed a set of policies, procedures, closures, 
and designations; for the GGNRA, these are known as the GGNRA 
Superintendent's Compendium. The Trust has a similar Compendium 
(adopted on an interim basis) of detailed rules, including supporting 
determinations, in order to allow the Trust to manage flexibly the 
diverse demands on the Presidio while protecting its natural and 
cultural resources, fulfilling the purposes of the Trust Act, and 
responding to changing conditions. Section 1001.7 of these proposed 
regulations sets out the procedure for the Trust to follow in 
maintaining the Compendium and providing public notice of its contents.

Section-by-Section Analysis

    The following analysis reviews only those sections of the proposed 
regulations that are not discussed elsewhere, in more general terms, in 
this preamble. Nevertheless, not every substantive change is discussed 
in this preamble. As discussed above, because these proposed 
regulations are modeled on existing regulations of the NPS and DOI, 
this analysis focuses on differences between these regulations and the 
existing regulations of these agencies.
Part 1001  General Provisions

Section 1001.1  Purpose

    In modeling these proposed regulations on the existing regulations 
of the NPS and DOI, the Trust consistently changed a variety of terms 
used in the existing regulations as appropriate to the Trust and its 
separate mission, organization and statutory authority. This section 
reflects two of those general changes. First, references to the 
``National Park Service'' or ``Department'' were changed to ``Presidio 
Trust.'' And second, references to ``the purposes for which a park unit 
is managed'' or similar language were changed to ``the purposes of the 
Presidio Trust Act.'' Elsewhere in these proposed regulations, 
references to the ``Superintendent'' or the ``Secretary'' were changed 
to the ``Executive Director'' or the ``Board'' as appropriate.

Section 1001.2  Applicability and Scope

    This section had its origin in 36 CFR 1.2 and 4.1. As discussed 
above, Sec. 1001.2(d) addresses the applicability of certain provisions 
of State and local law under the Assimilative Crimes Act, 18 U.S.C. 13. 
This section also includes a savings provision to eliminate any 
possibility of confusion about the Federal government's retention of 
exclusive federal jurisdiction, through the Trust, over the Presidio.

Section 1001.3  Enforcement and Penalties

    This provision is discussed in greater detail above. As required by 
the Trust Act, at sec. 104(i), the Trust has entered into a memorandum 
of agreement for law enforcement in the areas under its administrative 
jurisdiction to be performed by the United States Park Police. Officers 
of the U.S. Park Police have the same authority within the Presidio as 
in the rest of the GGNRA.

Section 1001.4  Definitions

    This section was substantially revised to incorporate definitions 
that are generally applicable to most of the regulations published 
today and to delete those definitions that were no longer needed as a 
result of other differences between the source regulations and these 
proposed regulations. They were also revised to reflect the 
applicability of these regulations solely to the Presidio, which is in 
California, and not to other park units, which are in other States as 
well.
    The definition of ``authorized person'' was changed to ``authorized 
law enforcement officer,'' since the Trust anticipates that the 
individuals who will be authorized to perform the functions identified 
with this term in the regulations will generally be law enforcement 
officers (most likely members of the U.S. Park Police force or State or 
local law enforcement officials authorized by the Presidio Trust to 
perform duties in the Presidio under certain circumstances).
    The terms ``Board,'' ``Executive Director'' and ``General Counsel'' 
were added, along with a provision including their designees in the 
definition. This is intended to provide senior officials of the Trust 
with the flexibility to delegate responsibilities and authority as 
appropriate to carry out the purposes of the Trust Act.
    The terms ``commercial passenger vehicle'' and ``commercial 
vehicle'' were defined in this section based on definitions contained 
in 36 CFR 5.4 and 5.6, respectively. The regulations to which these 
definitions apply (Sec. Sec. 1003.12 and 1003.13) are accordingly more 
concise and clear.
    The distinction between ``developed areas'' and ``non-developed 
areas'' has been dropped from the definitions and from these proposed 
regulations because the Presidio is located in an urban area in which 
the activities allowed under the NPS regulations in ``non-developed 
areas'' are generally inappropriate.
    The term ``Presidio Trust Area'' was defined as the real property 
over which the Presidio Trust has administrative jurisdiction. The term 
``Presidio'' historically applies to property over which the U.S. Army 
once had administrative jurisdiction. Portions of this property will 
continue to be administered by the NPS as part of the GGNRA.
    The term ``printed matter'' is defined in this section generally to 
exclude items of merchandise. This corresponds to the definition of the 
term used by the NPS in its Special Directive 95-11 interpreting its 
regulation at 36 CFR 2.52 concerning sale or distribution of printed 
matter. The Trust believes it is appropriate to incorporate this

[[Page 50028]]

definition directly into its regulations for the sake of clarity and 
public notice.
    The term ``residential dwelling'' is defined because the Presidio 
currently houses and is expected to house numerous individuals and 
families. Although the precise extent of each private dwelling or 
leasehold will be established by the document granting occupancy, the 
Trust believes it is useful for law enforcement purposes to state a 
general definition of this term.

Section 1001.5  Closures and Public Use Limits

    This section deviates only slightly from the NPS regulation at 36 
CFR 1.5. The NPS regulation specifies a variety of criteria to be 
considered in reviewing the need for closures and public use limits. 
Because the Trust Act provides additional criteria, and because the 
Trust cannot foresee all possible circumstances necessitating closures 
or public use limits, these criteria have been made more general.
    Section 1001.5(d) contains an added provision specifying the 
Trust's ability to charge fees for permits. The Trust Act, sec. 105(b), 
requires that the Trust become ``self-sufficient'' within 15 years, and 
these fees are a likely revenue source to offset the costs of 
administering the Presidio. References to fees for permits for filming 
and for serving alcohol have been deleted in the appropriate provisions 
because they are covered by this more general authority.

Section 1001.6  Permits

    This section makes explicit the requirement that the Trust consider 
impacts on tenants and neighbors of the Presidio in making decisions on 
requests for permits. Unlike most national parks, the Presidio is 
located in a densely populated urban area, and numerous individuals 
live and work in the Presidio. These impacts are entitled to 
consideration by the Trust in its management of the Presidio.

Section 1001.7  Public Notice and Comment

    The provisions added to this section make more explicit the duties 
of the Trust both to maintain a Compendium that provides notice to the 
affected public of the specific designations, closures, and permit 
requirements adopted by the Trust and to involve the Golden Gate 
National Recreation Area Advisory Commission (often referred to as the 
Citizens Advisory Commission or CAC) in policy, planning and design 
issues, in accordance with sec. 103(c)(6) of the Trust Act.

Section 1001.8  Review and Final Agency Action

    This section establishes general procedures for review of delegated 
decisions. Decisions of the Executive Director or his or her designee 
may be appealed to the Board of Directors. In practice, where the 
Executive Director's delegation of authority so provides, there will 
likely be a preliminary step in which decisions of a designee of the 
Executive Director are reviewed by the Executive Director. The time 
periods that are set for these reviews are the shortest periods that 
the Trust believes are feasible in light of both the part-time nature 
of its Board members' service and the likely frequency of Board 
meetings.
    This section also establishes a bright line rule for determining 
whether the Trust has taken final agency action. The Trust has 
established this rule in accordance with the President's call for the 
adoption of ``clear legal standard[s]'' and specification of what is 
required for a person aggrieved to exhaust their administrative 
remedies prior to seeking court review of the agency's action. See 
Executive Order 12988, sec. 3(b)(2).
Part 1002  Resource Protection, Public Use and Recreation

Section 1002.2  Wildlife Protection

    Hunting and trapping are prohibited in the Presidio under current 
law. Fishing is also prohibited in the Presidio under the GGNRA 
Superintendent's Compendium. This section maintains these prohibitions. 
The GGNRA Superintendent's Compendium prohibits the viewing of wildlife 
with artificial light. These proposed regulations adopt this 
prohibition, but provide for the possibility that such viewing will be 
permitted (e.g., incidental to commercial filming) on terms and 
conditions established by the Board.

Section 1002.5  Camping and Food Storage

    Because there are no bears in the Presidio, the requirement for 
suspension of food on bear poles has been deleted.

Section 1002.9  Sanitation and Refuse

    As discussed above, the specific prohibition on littering in the 
NPS regulation has been removed in favor of reliance on state law. 
Similarly, the specific prohibitions on polluting have also been 
removed in favor of reliance on other federal law.

Section 1002.10  Pets

    The exception in the NPS regulations for guide dogs accompanying 
persons with visual or hearing impairments has been expanded to include 
service dogs accompanying persons with disabilities, regardless of the 
disability requiring the use of a service dog.

Section 1002.11  Horses and Pack Animals

    This regulation has been revised to state more concisely the 
general requirement that use of horses and pack animals in the Presidio 
be restricted to designated areas and trails, or under the terms and 
conditions of a permit (e.g., for a parade). It has also been revised 
to make clear that these requirements do not apply to law enforcement 
officers in the performance of their official duties.

Section 1002.13  Swimming and Boating

    The GGNRA Superintendent's Compendium prohibits swimming, boating 
and the use of any water vessel on the bodies of water located within 
the Presidio. This regulation continues that prohibition.

Section 1002.15  Smoking

    This regulation has been revised in accordance with the general 
approach of these proposed regulations to correspond, as nearly as 
possible, to conditions under State law.

Section 1002.16  Property

    The Trust has reduced the general length of time that property may 
be left unattended without a permit or in designated areas from 24 
hours to 12 hours. The purpose of this revision is to provide the Trust 
with greater ability to manage the area under its jurisdiction more 
closely.

Section 1002.23  Special Events

    The requirement that applications for permits for special events be 
presented to the Trust at least 72 hours in advance has been extended 
to seven days in order to allow the time necessary for coordination of 
permit requests with the NPS in its management of the GGNRA. The Trust 
expects to continue to direct applicants for permits for activities in 
the Presidio to the Special Park Uses Office of the GGNRA, located at 
Building 201, Fort Mason, San Francisco 94123, telephone: (415) 561-
4300, which is open between the hours of 9 a.m. and 5 p.m. on working 
days. This office will centralize the administrative process for permit 
applications for both the areas under the jurisdiction of the NPS and 
the Presidio Trust. Decisions concerning permit applications for 
activities on property administered by the Trust will be made by the 
Trust; those for activities on

[[Page 50029]]

properties administered by the NPS will be made by the NPS. The Trust 
anticipates that the NPS and the Trust will consult cooperatively 
concerning permit applications that will affect activities on the 
property administered by either or both agencies.
Part 1003  Vehicles and Traffic Safety

Section 1003.3  Travel on Presidio Trust Area Roads and Designated 
Routes

    This regulation has been revised from the existing NPS regulation 
in accordance with the general principle discussed above concerning 
application of State law through the ACA. It also deletes the reference 
to Executive Order 11644 contained in the existing NPS regulation. This 
Executive Order, which concerns use of off-road vehicles on the public 
lands, does not apply to public lands administered by the Trust. 
Nevertheless, the Trust anticipates that it will address use of off-
road vehicles in the Presidio in a manner consistent with Executive 
Order 11644, as amended by Executive Orders 11989 and 12608.

Section 1003.10  Powerless Flight

    Under 36 CFR 7.97 and the GGNRA Superintendent's Compendium, 
powerless flight is prohibited in the Presidio. This section maintains 
that prohibition.

Section 1003.11  Parking

    The existing NPS regulations do not cover parking explicitly. 
Although the Trust would have authority to manage motor vehicle parking 
under other portions of these regulations (e.g., Sec. 1001.5), this 
section has been incorporated in order to provide clarity and better 
public notice concerning parking issues.

Section 1003.12  Commercial Passenger Vehicles

    The provisions of this section, and those of the following section, 
condense the existing NPS regulations and prohibitions and conditions 
in the GGNRA Superintendent's Compendium concerning buses and trucks. 
The intention has been to maintain the status quo with respect to 
treatment of these vehicles in the Presidio until such time as the 
Trust may adopt different conditions or routes in its Compendium.

Section 1003.13  Commercial Vehicles

    See discussion of Sec. 1003.12, above.

Section 1003.14  Safety Belts

    Although California has a law concerning safety belt and child 
restraint requirements, that law does not apply to all occupants of a 
motor vehicle. The federal government has a strong public policy of 
encouraging and in some cases requiring the use of safety belts and 
child restraints by all occupants of a motor vehicle. See Executive 
Order 13043 (April 16, 1997). As a result, the Trust has opted in these 
proposed regulations to adopt a rule on safety belt use that is 
consistent with the current rule of the NPS at 36 CFR 4.15.
Part 1004  Commercial and Private Operations

Section 1004.1  Signs and Advertisements

    This section contains the same requirements as the existing NPS 
regulation concerning commercial notices, while also adding a specific 
provision on other signs. Although the Trust has authority to manage 
signage in the Presidio under other portions of these regulations 
(e.g., Sec. 1001.6), this section has been incorporated in order to 
provide clarity and better public notice concerning signage issues.

Section 1004.2  Alcoholic Beverages; Sale of Intoxicants

    This section deletes the provision in existing NPS regulations for 
appeals of decisions on permits to sell alcoholic beverages, since such 
appeals are now provided for under Sec. 1001.8. It also deletes the 
provision allowing for fees for alcohol permits, since such fees are 
now provided for under Sec. 1001.5(d).

Section 1004.4  Commercial Photography

    This section is adapted from both 36 CFR 5.5 and 43 CFR 5.1, which 
have been consolidated and simplified to apply specifically to the 
operations of the Presidio Trust. The precise form of permit 
application has been deleted from the regulations and will be developed 
by the Trust, in consultation with the NPS, as the Trust acquires 
experience with permitting film projects. The Trust intends to charge 
fees for such permits, in accordance with its statutory mandate to 
become financially self-sufficient within 15 complete fiscal years. See 
Sec. 1001.5(d).

Section 1004.6  Discrimination in Employment Practices

    This section exempts governmental agencies or instrumentalities 
from the Trust's specific non-discrimination requirements because such 
entities are almost uniformly covered by similar requirements. This 
section adds the terms ``restaurant'' and ``recreational facility'' to 
the list of covered accommodations in order to clarify that such 
facilities are also covered. In order to be consistent with the 
principle of Executive Order 13087 (May 28, 1998), 63 FR 30097 (June 2, 
1998), as well as to promote comity with laws and policies of 
neighboring jurisdictions, the Trust has added the category of ``sexual 
orientation'' to the list of prohibited bases for discrimination under 
this section.

Section 1004.7  Discrimination in Furnishing Public Accommodations and 
Transportation Services

    See discussion of Sec. 1004.6, above.
Part 1005  Rights-of-Way
    This proposed part sets forth general terms and conditions, as well 
as the procedures that the Trust will follow, in issuing rights-of-way. 
This part has been simplified significantly from the NPS regulation at 
36 CFR part 14. The Presidio Trust is not subject to the variety of 
statutes concerning rights-of-way over lands administered by the NPS. 
Furthermore, unlike many units of the National Park System, the 
Presidio does not have any private inholdings. As a result, the Trust 
intends to issue rights-of-way only to a limited number of entities, 
consistent with the purposes of the Presidio Trust Act, and only on 
written terms and conditions and for payment of monetary compensation.

Section 1005.5  Terms and Conditions

    This section provides that the Trust, as a wholly-owned government 
corporation with ability to retain funds it collects, is the entity to 
be indemnified by the holders of rights-of-way over lands administered 
by the Trust. Section 1005.5(b) has been revised to be more general 
with respect to the obligations of the holder of a right-of-way, while 
continuing to cover the specific items covered by 36 CFR 14.9(b). 
Section 1005.5(g) has been expanded to include requirements for 
permission before trees may be cut and to require that any trees 
destroyed be replaced in kind. Additional categories on which 
discrimination is prohibited have been added to Sec. 1005.5(k) in order 
to make it consistent with Secs. 1004.6 and 1004.7 of this chapter.

Section 1005.11  Disposal of Property on Termination of Right-of-way

    This section clarifies that the Trust will not be liable for any 
claim for damages on account of removal and restoration work required 
by termination of a right-of-way.
Part 1006  Presidio Trust Symbols
    This part is adapted from NPS regulations at 36 CFR part 11. The 
Presidio is a unique location, and the

[[Page 50030]]

Trust intends to manage it in such a way as to increase the value of 
the property to the public, as well as the price that tenants are 
willing to pay for the benefits of being located in the Presidio. 
Consistent with this effort, this part is intended to protect the terms 
``Presidio'' and ``Trust,'' as well as such symbols and insignia as the 
Trust may adopt for its own use, from commercial uses that are 
inconsistent with the purposes of the Presidio Trust Act. The Trust 
recognizes that certain entities may have already acquired rights in 
these terms under existing laws, and nothing in this regulation is 
intended to abrogate any such rights.
Part 1007  Requests Under the Freedom of Information Act

Section 1007.4  Preliminary Processing of Requests

    In Sec. 1007.4(b)(2), the reference to Executive Order 12356 from 
43 CFR 2.15(c)(2) was removed because this order was revoked by 
Executive Order 12958. The basis for the reference to Executive Order 
12356 in the DOI regulations appears to have been sec. 4.1(d) of that 
order, which states in pertinent part:
    Except as provided by directives issued by the President through 
the National Security Council, classified information originating in 
one agency may not be disseminated outside any other agency to which it 
has been made available without the consent of the originating agency.
    Executive Order 12958 contains a similar provision at sec. 4.2(b), 
which states in pertinent part:
    Classified information shall remain under the control of the 
originating agency or its successor in function. An agency shall not 
disclose information originally classified by another agency without 
its authorization.
    The proposed regulation therefore retains the requirement that 
requests for classified information be forwarded for determination by 
the agency originating the classification.

Section 1007.5  Action on Initial Requests

    The DOI regulations do not contain provisions concerning expedited 
processing. In order to conform to recent amendments to FOIA, the Trust 
is proposing special provisions concerning expedited processing in the 
circumstances enumerated by FOIA at 5 U.S.C. 552(a)(6)(E).

Section 1007.8  Action on Appeals

    The Presidio Trust Act specifies at sec. 104(h) that ``[t]he 
District Court of the Northern District of California shall have 
exclusive jurisdiction over any suit filed against the Trust.'' As a 
result, this court is specified in the regulations as the court in 
which any appeal of the Trust's determination concerning a FOIA request 
must be filed.

Section 1007.9  Fees

    The DOI regulations provide for set charges for FOIA requests that 
are published in an appendix to the regulations. In order to promote 
clarity and reduce administrative burdens on the Trust, the Office of 
the Federal Register, and requesters, the Trust has opted in 
Sec. 1007.9(a)(1) to publish such charges in the Compendium required 
under Sec. 1001.7. In accordance with FOIA and with sec. 7 of OMB's 
Uniform Freedom of Information Act Fee Schedule and Guidelines, 52 FR 
10012 (Mar. 27, 1987), which were promulgated under FOIA, 5 U.S.C. 
552(a)(4)(A)(i), the Trust will set these charges only as high as 
necessary to ``recoup the full allowable direct costs'' incurred by the 
Trust in responding to FOIA requests.
    The DOI regulations provide that fees will not be charged if they 
do not exceed $15.00. Under FOIA, 5 U.S.C. 552(a)(4)(A)(iv)(I), fees 
are not charged ``if the costs of routine collection and processing of 
the fee are likely to equal or exceed the amount of the fee.'' Rather 
than set a precise amount in these regulations, which will need to be 
altered as these costs vary over time, the Trust has instead 
incorporated the statutory policy into these regulations at 
Sec. 1007.9(a)(2), along with a requirement, for the sake of public 
notice, that the precise dollar figure be published in the Compendium 
called for under Sec. 1001.7 of these regulations.
    The OMB Guidelines suggest that agencies charge for the full costs 
of providing services that are not required under FOIA, such as 
certifying that records are true copies or sending records by express 
mail, should the Trust elect to provide such services. Although the 
Trust's willingness to provide such services will be contingent on its 
available resources, the Trust has incorporated this suggestion into 
these regulations at Sec. 1007.9(a)(4) in order to clarify that such 
services will not be provided free of charge.
    Sections 1007.9(b)(1) and (e)(1) require commercial use requesters 
and requesters that do not belong to other enumerated categories to pay 
for the Trust's costs in searching for documents covered by the FOIA 
request. The OMB Guidelines referred to above suggest (at sec. 9(b)) 
that agencies ``give notice in their regulations that they may assess 
charges for time spent searching, even if the agency fails to locate 
the records or if records located are determined to be exempt from 
disclosure.'' The Trust has done this by noting parenthetically in 
these sections that costs for ``search'' (as well as ``review'' for 
commercial requesters) are charged ``even if the search [``and review'' 
for commercial requesters] fails to locate records that are not exempt 
from disclosure.''
    In Sec. 1007.9(k), the reference to 4 CFR parts 101-105 in the 
existing DOI regulations has been removed from this provision because 
these regulations are coextensive with the entire body of ``[o]ther 
authorities of the Debt Collection Act of 1982'' under which the Trust 
may collect fees due and owing.

Section 1007.10  Waiver of Fees

    The DOI regulations at 43 CFR 2.21(a)(2) contain a list of factors 
to be considered in determining whether a Freedom of Information Act 
request falls into the categories for partial or complete waiver of 
fees under 5 U.S.C. 552(a)(4)(A)(ii)(III). In light of the types of 
requests that the Trust is likely to receive, as well as the purposes 
of the Trust Act, the Trust does not consider it necessary to enumerate 
these factors in order to comply with FOIA.
    The DOI regulations at 43 CFR 2.21(b) also contain a list of 
circumstances in which the agency will make copies available without 
charge. The OMB Guidelines promulgated under FOIA provide (at sec. 7) 
that ``[a]gencies should charge fees that recoup the full allowable 
direct costs they incur.'' The only exceptions to this requirement are 
for disclosures in the public interest under 5 U.S.C. 552(a)(4)(A)(iii) 
and for those fees which are lower than the costs of collecting them. 
The circumstances identified in sec. 2.21(b) of the DOI regulations are 
likely to be covered by one or both of these authorized exceptions, and 
as a result, these regulations do not enumerate the specific 
circumstances for discretionary fee waivers.
    FOIA provides that, when fee waivers are granted, documents shall 
be furnished ``without any charge or at a charge reduced below the fees 
established'' by the agency. 5 U.S.C. 552(a)(4)(A)(iii). The Trust is 
proposing in these regulations to reduce otherwise applicable fees by 
25% in most circumstances, while providing discretion for additional 
reductions, including complete waivers, in appropriate circumstances.

[[Page 50031]]

Part 1008  Requests Under the Privacy Act

Section 1008.6  Assuring Integrity of Records

    The DOI regulations at 43 CFR 2.51(b) through (e) specify precise 
precautions to be taken to protect records covered by the Privacy Act. 
Rather than limit the discretion of the Trust official responsible for 
maintaining adequate precautions, these regulations state a general 
standard of security for all such records based on their relative 
sensitivity.

Section 1008.12  Requests for Notification of Existence of Records: 
Action On

    In Sec. 1008.12(b), the Trust has added a requirement for 
consultation with the General Counsel in order to ensure proper legal 
review at the earliest appropriate stage before action is taken on a 
request. For the same reason, this requirement has been added to 
Sec. 1008.15(b) concerning requests for access to records and 
Sec. 1008.20(b) concerning petitions for amendment. The requirement for 
consultation with the organization's top attorney regarding appeals of 
such decisions has also been retained.

Section 1008.15  Requests for Access to Records: Initial Decision

    Under Sec. 1008.15(d), the Trust anticipates charging fees for 
Privacy Act requests on the same schedule as for FOIA requests, which 
will be published in the Compendium provided for under Sec. 1001.7.
Part 1009  Administrative Claims Under the Federal Tort Claims Act
    This part sets forth the procedures that the Trust will follow in 
processing any claims presented to it under the Federal Tort Claims Act 
(FTCA), which applies to the Trust and its directors, officers, 
employees, and agents. Under Department of Justice regulations 
implementing the claims procedure for the FTCA, the Trust is authorized 
to establish procedures that are consistent with the Department of 
Justice procedures. See 28 CFR 14.11. DOI has promulgated regulations 
under this authority at 43 CFR part 22, and the Trust has looked to 
those regulations in drafting its own.
    These regulations delete in their entirety the provisions of 43 CFR 
22.2, which simply restate the statute. The regulations nevertheless 
incorporate the citation from 43 CFR 22.2(g) into Sec. 1009.1 of these 
regulations in order to provide a useful reference to the Federal Tort 
Claims Act.

Regulatory Impact

    This proposed rulemaking will not have an annual effect of $100 
million or more on the economy nor adversely affect productivity, 
competition, jobs, prices, the environment, public health or safety, or 
State or local governments. This proposed rule will not interfere with 
an action taken or planned by another agency or raise new legal or 
policy issues. In short, little or no effect on the national economy 
will result from adoption of this proposed rule. Because this proposed 
rule is not ``economically significant,'' it is not subject to review 
by the Office of Management and Budget under Executive Order 12866. 
Furthermore, this proposed rule is not a ``major rule'' under the 
Congressional review provisions of the Small Business Regulatory 
Enforcement Fairness Act, 5 U.S.C. 801 et seq. The Trust has determined 
and certifies pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., that this proposed rule will not have a significant economic 
effect on a substantial number of small entities.
    The Trust has determined and certifies pursuant to the Unfunded 
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed rule 
will not impose a cost of $100 million or more in any given year on 
local, State, or tribal governments or private entities.

Environmental Impact

    The Presidio Trust has prepared an Environmental Assessment (EA) in 
connection with this proposed rule. The EA determined that this 
proposed rule will not have a significant effect on the quality of the 
human environment because it is neither intended nor expected to change 
the physical status quo of the Presidio in any significant manner.
    As a result, the Trust has issued a Finding of No Significant 
Impact (FONSI) concerning these final interim regulations and has 
therefore not prepared an Environmental Impact Statement concerning 
this proposed action. The EA and the FONSI were prepared in accordance 
with the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et 
seq. (NEPA), and regulations of the Council on Environmental Quality 
for implementing the procedural provisions of NEPA, 40 CFR parts 1500-
1508.
    Both the EA and the FONSI are available for public inspection at 
the offices of the Presidio Trust, 34 Graham Street, The Presidio, San 
Francisco, CA 94129, between the hours of 9:00 a.m. and 5:00 p.m., 
Monday through Friday, except Federal holidays.

Paperwork Reduction Act

    The information collection requirements of this proposed rule are 
no more extensive than those of the existing NPS regulations, which 
have previously been approved by the Office of Management and Budget 
(OMB) under 44 U.S.C. 3501 et seq. and assigned clearance number 1024-
0026. These information collection requirements are contained in 36 CFR 
1001.5, 1001.6, 1002.4, 1002.7, 1002.12, 1002.19, 1002.22, 1002.23, 
1002.24, 1002.25, 1002.27, 1002.28, 1003.2, 1003.4, 1003.12, 1004.1, 
1004.2, 1004.3, 1004.4, 1004.5, and 1004.8. This information is being 
collected to provide the Executive Director with data necessary to 
issue permits for special uses of the Presidio Trust Area and to obtain 
notification of accidents that occur within the Presidio Trust Area. 
This information will be used to grant administrative benefits and to 
facilitate prompt emergency response to accidents. In 36 CFR 1002.19 
and 1003.2, the obligation to respond is mandatory; in all other 
sections the obligation to respond is required in order to obtain a 
benefit.

Other Applicable Authorities

    The Presidio Trust has drafted and reviewed these proposed 
regulations in light of Executive Order 12988 and has determined that 
they meet the applicable standards provided in secs. 3(a) and (b) of 
that order.

List of Subjects

36 CFR Part 1001

    Administrative practice and procedure, National parks, Penalties, 
Public lands, Recreation and recreation areas.

36 CFR Part 1002

    National parks, Public lands, Recreation and recreation areas, 
Signs and symbols.

36 CFR Part 1003

    Bicycles, National parks, Public lands, Recreation and recreation 
areas, Traffic regulations.

36 CFR Part 1004

    Alcohol and alcoholic beverages, Business and industry, Civil 
rights, Equal employment opportunity, National parks, Pets, Public 
lands, Recreation and recreation areas, Transportation.

36 CFR Part 1005

    National parks, Public lands, Public lands-rights-of-way, 
Recreation and recreation areas, Rights-of-way.

[[Page 50032]]

36 CFR Part 1006

    National parks, Public lands, Recreation and recreation areas, 
Seals and insignia, Signs and symbols.

36 CFR Part 1007

    Administrative practice and procedure, Freedom of information, 
Records.

36 CFR Part 1008

    Administrative practice and procedure, Privacy, Records.

36 CFR Part 1009

    Administrative practice and procedure, Tort claims.

    Dated: September 9, 1998.
James E. Meadows,
Executive Director.

    Accordingly, the Presidio Trust proposes to revise 36 CFR Parts 
1001, 1002, 1004, and 1005, and to add 36 CFR Parts 1003, 1006, 1007, 
1008, and 1009, as set forth below:

CHAPTER X--PRESIDIO TRUST

Part

1001  General provisions
1002  Resource protection, public use and recreation
1003  Vehicles and traffic safety
1004  Commercial and private operations
1005  Rights-of-way
1006  Presidio Trust symbols
1007  Requests under the Freedom of Information Act
1008  Requests under the Privacy Act
1009  Administrative claims under the Federal Tort Claims Act

PART 1001--GENERAL PROVISIONS

Sec.
1001.1  Purpose.
1001.2  Applicability and scope.
1001.3  Enforcement and penalties.
1001.4  Definitions.
1001.5  Closures and public use limits.
1001.6  Permits.
1001.7  Public notice and comment.
1001.8  Review and final agency action.

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note).


Sec. 1001.1  Purpose.

    (a) The regulations in this chapter provide for the proper use, 
management, government, and protection of persons, property, and 
natural and cultural resources within the Presidio Trust Area.
    (b) The regulations in this chapter will be utilized to fulfill the 
purposes of the Presidio Trust Act.


Sec. 1001.2  Applicability and scope.

    (a) Except as otherwise specified herein, the regulations in this 
chapter apply to all persons entering, using, visiting, or otherwise 
within the boundaries of the Presidio Trust Area.
    (b) The regulations in this chapter apply, regardless of land 
ownership or possession, on all lands and waters within the Presidio 
Trust Area.
    (c) The regulations in parts 1002, 1003 and 1004 of this chapter 
shall not be construed to prohibit activities conducted by the Presidio 
Trust or its agents in accordance with the Presidio Trust Act and 
approved policies of the Presidio Trust or in emergency operations 
involving threats to life, property, or resources of the Presidio Trust 
Area.
    (d) Unless specifically addressed by regulations in this chapter or 
authorized, permitted, prohibited or undertaken by or at the direction 
of the Trust, conduct within the Presidio Trust Area is governed by the 
provisions of State law that are now or may later be in effect, to the 
extent that such may be applied pursuant to the Assimilative Crimes 
Act, 18 U.S.C. 13.
    (e) Nothing in this chapter shall be construed as providing 
jurisdiction over the Presidio Trust Area in any way to any entity 
other than the Presidio Trust.


Sec. 1001.3  Enforcement and penalties.

    Violation of any regulation contained in this chapter, violation of 
the terms and conditions of any permit issued in accordance with this 
chapter, and/or failure to abide by area designations and conditions 
established in accordance with this chapter is prohibited, may result 
in the suspension or revocation of the permit and the denial of future 
permits by the same applicant, and may subject the violator to a fine 
or imprisonment as provided by law, as well as such other penalties as 
are provided by law, in addition to costs of the proceedings and 
compensation for damages to property.


Sec. 1001.4  Definitions.

    The following definitions shall apply to this chapter, unless 
modified by the definitions for a specific part or regulation:
    Administrative activities means those activities conducted under 
the authority of the Presidio Trust for the purpose of safeguarding 
persons or property, implementing management plans and policies, 
repairing or maintaining government facilities, or otherwise promoting 
the purposes of the Presidio Trust Act.
    Aircraft means a device that is used or intended to be used for 
human flight in the air, including powerless flight.
    Archeological resource means material remains of past human life or 
activities that are of archeological interest and are at least 50 years 
of age. This term includes, but shall not be limited to, objects made 
or used by humans, such as pottery, basketry, bottles, weapons, weapon 
projectiles, tools, structures or portions of structures, pit houses, 
rock paintings, rock carvings, intaglios, or any portion or piece of 
the foregoing items, and the physical site, location or context in 
which they are found, or human skeletal materials or graves.
    Authorized emergency vehicle means a vehicle in official use for 
emergency purposes by a Federal agency or an emergency vehicle as 
defined by California law.
    Authorized law enforcement officer means a law enforcement officer 
duly authorized by the Presidio Trust or other competent governmental 
authority to enforce applicable law in the Presidio Trust Area.
    Bicycle means every device propelled solely by human power upon 
which a person or persons may ride on land, having one, two, or more 
wheels, except a manual wheelchair.
    Board means the Board of Directors of the Presidio Trust or its 
designee.
    Camping means the erecting of a tent or shelter of natural or 
synthetic material, preparing a sleeping bag or other bedding material 
for use, or parking of a motor vehicle, motor home or trailer for the 
apparent purpose of overnight occupancy.
    Carry means to wear, bear, or have on or about the person.
    Chair means the Chair of the Board of Directors of the Presidio 
Trust or, if there is no Chair, then the Acting Chair of the Board of 
Directors of the Presidio Trust.
    Commercial passenger vehicle means a bus, motor coach, van or other 
vehicle capable of seating seven or more passengers, when used in 
transporting passengers for a fee or profit (other than bona fide 
sharing of actual expenses), either as a direct charge to another 
person, or otherwise, or used in connection with any business, but 
excepting pleasure type vehicles rented without a driver for general 
use at a charge based on time or mileage or both.
    Commercial vehicle means a truck, station wagon, pickup, passenger 
car or other vehicle when used in transporting movable property for a 
fee or profit, either as a direct charge to another person, or 
otherwise, or used as an incident to providing services to another 
person, or used in connection with any business.
    Cultural resource means material remains of past human life or 
activities that are of significant cultural interest and are less than 
50 years of age. This

[[Page 50033]]

term includes, but shall not be limited to, objects made or used by 
humans, such as pottery, basketry, bottles, weapons, weapon 
projectiles, tools, structures or portions of structures, or any 
portion or piece of the foregoing items, and the physical site, 
location, or context in which they are found, or human skeletal 
materials or graves.
    Downed aircraft means an aircraft that cannot become airborne as a 
result of mechanical failure, fire, or accident.
    Executive Director means the Executive Director of the Presidio 
Trust or his or her designee.
    Firearm means a loaded or unloaded pistol, rifle, shotgun or other 
weapon which is designed to, or may be readily converted to, expel a 
projectile by the ignition of a propellant.
    Fish means any member of the subclasses Agnatha, Chondrichthyes, or 
Osteichthyes, or any mollusk or crustacean found in salt water.
    Fishing means taking or attempting to take fish.
    FOIA means the Freedom of Information Act, 5 U.S.C. 552.
    FOIA Officer means the employee designated by the Executive 
Director to process FOIA requests and otherwise supervise the Presidio 
Trust's compliance with FOIA, or the alternate employee so designated 
to perform these duties in the absence of the FOIA Officer.
    General Counsel means the General Counsel of the Presidio Trust or 
his or her designee.
    Hunting means taking or attempting to take wildlife, except 
trapping.
    Manual wheelchair means a device that is propelled by human power, 
designed for and used by a mobility-impaired person.
    Motor vehicle means every vehicle that is self-propelled and every 
vehicle that is propelled by electric power, but not operated on rails 
or upon water, except a motorized wheelchair.
    Motorized wheelchair means a self-propelled wheeled device, 
designed solely for and used by a mobility-impaired person for 
locomotion, that is both capable of and suitable for use in indoor 
pedestrian areas.
    Net means a seine, weir, net wire, fish trap, or other implement 
designed to entrap fish, except a hand-held landing net used to 
retrieve fish taken by hook and line.
    Operator means a person who operates, drives, controls, otherwise 
has charge of or is in actual physical control of a mechanical mode of 
transportation or any other mechanical equipment.
    Pack animal means a horse, burro, mule or other hoofed mammal.
    Pedestrian means a person walking or a mobility-impaired person 
using a manual or motorized wheelchair.
    Permit means a written authorization to engage in uses or 
activities that are otherwise prohibited, restricted, or regulated.
    Person means an individual, firm, corporation, society, 
association, partnership, or private or public body.
    Pet means a dog, cat or any animal that has been domesticated.
    Possession means exercising direct physical control or dominion, 
with or without ownership, over property, or archeological, cultural or 
natural resources.
    Presidio Trust and Trust mean the wholly-owned federal government 
corporation created by the Presidio Trust Act.
    Presidio Trust Act or Trust Act means Title I of Public Law 104-
333, 110 Stat. 4097, as the same may be amended.
    Presidio Trust Area means all property, lands and waters under the 
administrative jurisdiction of the Presidio Trust.
    Presidio Trust Area road means the main-traveled surface of a 
roadway open to motor vehicles, owned, controlled or otherwise 
administered by the Presidio Trust.
    Printed matter means message-bearing textual printed material such 
as books, pamphlets, magazines, and leaflets, and does not include 
other forms of merchandise, such as posters, coffee mugs, audio or 
videotapes, T-shirts, hats, shorts, sunglasses, ties, and other 
clothing articles.
    Public use limit means the number of persons; number and type of 
animals; amount, size and type of equipment, vessels, mechanical modes 
of conveyance, or food/beverage containers allowed to enter, be brought 
into, remain in, or be used within a designated geographic area or 
facility; or the length of time a designated geographic area or 
facility may be occupied.
    Refuse means trash, garbage, rubbish, waste papers, bottles or 
cans, debris, litter, oil, solvents, liquid waste, feces, or other 
discarded materials.
    Residential dwelling means a fixed housing structure and such land 
appurtenant thereto which is either the principal residence of its 
occupants, or is occupied on a regular and recurring basis by its 
occupants as an alternate residence or vacation home, and which is 
under the possession of a private individual pursuant to a lease.
    Services means, but is not limited to, meals and lodging, labor, 
professional services, transportation, admission to exhibits, use of 
telephone or other utilities, or any act for which payment is 
customarily received.
    Smoking means the carrying of lighted cigarettes, cigars or pipes, 
or the intentional and direct inhalation of smoke from these objects.
    State means a State, territory, or possession of the United States.
    State law means the laws, statutes, regulations, and codes of the 
State of California that are applicable to conduct within the State of 
California and that do not conflict with Federal laws and regulations, 
including the Presidio Trust Act and the regulations in this chapter.
    Take or taking means to pursue, hunt, harass, harm, shoot, trap, 
net, capture, collect, kill, wound, or attempt to do any of the above.
    Traffic means pedestrians, ridden or herded animals, vehicles, and 
other conveyances, either singly or together while using any road, 
trail, street or other thoroughfare for purpose of travel.
    Traffic control device means a sign, signal, marking or other 
device placed or erected by, or with the concurrence of, the Executive 
Director for the purpose of regulating, warning, guiding or otherwise 
controlling traffic or regulating the parking of vehicles.
    Trap means a snare, trap, mesh, wire or other implement, object or 
mechanical device designed to entrap or kill animals other than fish.
    Trapping means taking or attempting to take wildlife with a trap.
    Unloaded, as applied to weapons and firearms, means that:
    (1) There is no unexpended shell, cartridge, or projectile in any 
chamber or cylinder of a firearm or in a clip or magazine inserted in 
or attached to a firearm;
    (2) A muzzle-loading weapon does not contain gun powder in the pan, 
or the percussion cap is not in place; and
    (3) Bows, crossbows, spear guns or any implement capable of 
discharging a missile or similar device by means of a loading or 
discharging mechanism, when that loading or discharging mechanism is 
not charged or drawn.
    Vehicle means every device in, upon, or by which a person or 
property is or may be transported or drawn on land, except devices 
moved by human power or used exclusively upon stationary rails or 
track.
    Weapon means a firearm, compressed gas or spring-powered pistol or 
rifle, bow and arrow, crossbow, blowgun, speargun, hand-thrown spear, 
slingshot, irritant gas device, explosive device, or any other 
implement designed to discharge missiles, and includes a weapon the 
possession of which is prohibited under State law.

[[Page 50034]]

    Wildlife means any member of the animal kingdom and includes a 
part, product, egg or offspring thereof, or the dead body or part 
thereof, except fish.
    Working day means a regular Federal workday and does not include 
Saturdays, Sundays or Federal holidays.


Sec. 1001.5  Closures and public use limits.

    (a) Consistent with the purposes of the Presidio Trust Act, public 
health and safety, resource protection, sound land use management, and 
approved Presidio Trust policies, and based upon a determination that 
such action is necessary and appropriate, the Board may:
    (1) Establish, for all or a portion of the Presidio Trust Area, a 
reasonable schedule of visiting hours, impose public use limits, or 
close all or a portion of the Presidio Trust Area to all public use or 
to a specific use or activity.
    (2) Designate areas for a specific use or activity, or impose 
conditions or restrictions on a use or activity.
    (3) Terminate a restriction, limit, closure, designation, 
condition, or visiting hour restriction imposed under paragraph (a)(1) 
or (2) of this section.
    (b) At the discretion of the Board, a closure, designation, use or 
activity restriction or condition, or the termination or relaxation of 
such, which is of a nature, magnitude and duration that will result in 
a significant alteration in the public use pattern of the Presidio 
Trust Area, adversely affect the Presidio Trust Area's resources, 
require a long-term or significant modification in the management of 
the Presidio Trust Area, or is of a highly controversial nature, may be 
published as a rulemaking in the Federal Register.
    (c) Except in emergency situations, prior to implementing or 
terminating a restriction, condition, public use limit, or closure, the 
Board shall approve a written determination justifying the action. That 
determination shall set forth the reason(s) for the restriction, 
condition, public use limit or closure authorized by paragraph (a) of 
this section that has been established, and an explanation of why less 
restrictive measures will not suffice, or in the case of a termination 
of a restriction, condition, public use limit or closure previously 
established under paragraph (a), a determination as to why the 
restriction is no longer necessary and a finding that the termination 
will not adversely impact the resources of the Presidio Trust Area.
    (d) To implement a public use limit, the Board may establish a 
permit, registration, or reservation system. The Board may charge fees 
for the processing of requests for, and the issuance of, permits, 
registrations, or reservations. Permits, registrations, and 
reservations shall be issued in accordance with the criteria and 
procedures of this chapter.


Sec. 1001.6  Permits.

    (a) When authorized by regulations set forth in this chapter, the 
Executive Director may issue a permit to authorize an otherwise 
prohibited or restricted activity or impose a public use limit. The 
activity authorized by a permit shall be consistent with applicable law 
and based upon a determination that public health and safety, 
environmental or scenic values, natural or cultural resources, 
scientific research, implementation of management responsibilities, 
proper allocation and use of facilities, or the avoidance of conflict 
among visitor, tenant and neighbor use activities and services will not 
be unduly adversely impacted.
    (b) Except as otherwise provided, application for a permit shall be 
submitted to the Executive Director during normal business hours.
    (c) The public will be informed of the existence of a permit 
requirement in accordance with Sec. 1001.7 of this chapter.
    (d) Unless otherwise provided for by the regulations in this 
chapter, the Executive Director shall deny a permit that has been 
properly applied for only upon a determination that the designated 
capacity for an area or facility would be exceeded; or that one or more 
of the factors set forth in paragraph (a) of this section would be 
unduly adversely impacted. The basis for denial shall be provided to 
the applicant upon request.
    (e) The Executive Director shall include in a permit the terms and 
conditions that the Executive Director deems necessary to protect the 
resources of the Presidio Trust Area or public safety and may also 
include terms or conditions established pursuant to the authority of 
any other section of this chapter or other applicable law.
    (f) The following are prohibited:
    (1) Engaging in an activity subject to a permit requirement imposed 
pursuant to any provision of this chapter without obtaining a permit; 
or
    (2) Violating a term or condition of a permit issued pursuant to 
this chapter.


Sec. 1001.7  Public notice and comment.

    (a) Whenever the authority of Sec. 1001.5 is invoked to restrict or 
control a public use or activity, to relax or revoke an existing 
restriction or control, to designate all or a portion of the Presidio 
Trust Area as open or closed, or to require a permit to implement a 
public use limit, the public shall be notified by one or more of the 
following methods:
    (1) Signs posted at conspicuous locations, such as normal points of 
entry and reasonable intervals along the boundary of the affected 
locale.
    (2) Maps available in the office of the Presidio Trust and other 
places convenient to the public.
    (3) Publication in a newspaper of general circulation in the San 
Francisco Bay Area.
    (4) Other appropriate methods, such as the removal of closure 
signs, use of electronic media, brochures, maps and handouts.
    (b) To the extent practicable, the Presidio Trust will post signs 
providing general information and regulatory guidance in the Presidio 
Trust Area that are consistent with signs used by the National Park 
Service under 36 CFR 1.10 in administering the Golden Gate National 
Recreation Area. The use of other types of signs by the Presidio Trust 
is not precluded.
    (c) The Executive Director shall:
    (1) Maintain and make available to the public upon request a 
current map showing the boundaries of the Presidio Trust Area.
    (2) Publish in the Federal Register, within 30 days of any change 
in the boundaries of the Presidio Trust Area, a notice of such change 
and the availability of a revised map showing the boundaries of the 
Presidio Trust Area.
    (3) Maintain and make available to the public upon request a 
compendium consisting of
    (i) current map(s) showing the boundaries of those areas that have 
been designated to allow or prohibit certain uses or activities;
    (ii) permit, registration, and reservation system requirements 
(including any applicable fees) and other conditions and restrictions 
imposed under the regulations in this chapter;
    (iii) the written determinations required under Sec. 1001.5(c); and
    (iv) such other information or guidance as the Executive Director 
shall deem appropriate.
    (d) At the discretion of the Board and in such manner as the Board 
deems appropriate, actions taken or proposed to be taken under 
Secs. 1001.5, 1001.6, or any other provision of this chapter may be 
presented for comment to the Golden Gate National Recreation Area 
Advisory Commission and other interested entities, organizations, or 
individuals.


Sec. 1001.8  Review and final agency action.

    (a) Decisions or actions to be made or taken by the Executive 
Director under

[[Page 50035]]

the regulations in this chapter (other than the regulations in parts 
1007 and 1008 of this chapter) may also be made, altered, or reversed 
in whole or in part by the Board, as provided in this section. This 
authority of the Board may not be delegated.
    (b) Any person aggrieved by a decision or action of the Executive 
Director may request that such be reviewed by the Board. Such a request 
must be received in writing at the office of the Presidio Trust within 
20 days after receipt by the person aggrieved of notice of the action 
for which review is sought. If no decision or action is taken on such 
request within 60 days of its having been received, the decision or 
action to be reviewed shall be considered to have been approved by the 
Board.
    (c) Decisions or actions of the Board shall be considered final 
agency action upon the earlier of:
    (1) The passing of 60 days from the receipt of a request under 
paragraph (b) of this section, or
    (2) The issuance of a final decision or action by the Board stated 
in writing to be final agency action.

PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION

Sec.
1002.1  Preservation of natural, cultural and archeological 
resources.
1002.2  Wildlife protection.
1002.3  Weapons, traps and nets.
1002.4  Research specimens.
1002.5  Camping and food storage.
1002.6  Picnicking.
1002.7  Audio disturbances.
1002.8  Fires.
1002.9  Sanitation and refuse.
1002.10  Pets.
1002.11  Horses and pack animals.
1002.12   Aircraft and air delivery.
1002.13  Swimming and boating.
1002.14  Skating, skateboards, and similar devices.
1002.15  Smoking.
1002.16  Property.
1002.17  Recreation fees.
1002.18  Interfering with agency functions.
1002.19  Report of injury or damage.
1002.20  Gambling.
1002.21  Noncommercial soliciting.
1002.22  Explosives.
1002.23  Special events.
1002.24  Public assemblies, meetings.
1002.25  Sale or distribution of printed matter.
1002.26  Livestock use and agriculture.
1002.27  Residing on Federal lands.
1002.28  Memorialization.

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note).


Sec. 1002.1  Preservation of natural, cultural and archeological 
resources.

    (a) Except as otherwise provided in this chapter, the following are 
prohibited:
    (1) Possessing, destroying, injuring, defacing, removing, digging, 
or disturbing from its natural state:
    (i) Living or dead wildlife or fish, or the parts or products 
thereof, such as antlers or nests.
    (ii) Plants or the parts or products thereof.
    (iii) Nonfossilized and fossilized paleontological specimens, 
cultural or archeological resources, or the parts thereof.
    (iv) A mineral resource or cave formation or the parts thereof.
    (2) Introducing wildlife, fish or plants, including their 
reproductive bodies, into the Presidio Trust Area.
    (3) Tossing, throwing or rolling rocks or other items inside caves 
or caverns, into valleys, canyons, or caverns, down hillsides or 
mountainsides, or into thermal features.
    (4) Using or possessing wood gathered from within the Presidio 
Trust Area.
    (5) Walking on, climbing, entering, ascending, descending, or 
traversing an archeological or cultural resource, monument, or statue, 
except in designated areas and under conditions established by the 
Board.
    (6) Possessing, destroying, injuring, defacing, removing, digging, 
or disturbing a structure or its furnishing or fixtures, or other 
cultural or archeological resources.
    (7) Possessing or using a mineral or metal detector, magnetometer, 
side scan sonar, other metal detecting device, or subbottom profiler. 
This paragraph does not apply to:
    (i) A device broken down and stored or packed to prevent its use 
while in the Presidio Trust Area.
    (ii) Electronic equipment used primarily for the navigation and 
safe operation of boats and aircraft.
    (iii) Mineral or metal detectors, magnetometers, or subbottom 
profilers used for authorized scientific, mining, or administrative 
activities.
    (b) The Board may restrict hiking or pedestrian use to a designated 
trail or walkway system pursuant to Secs. 1001.5 and 1001.6. Leaving a 
trail or walkway to shortcut between portions of the same trail or 
walkway, or to shortcut to an adjacent trail or walkway in violation of 
designated restrictions is prohibited.
    (c)(1) The Board may designate certain fruits, berries, nuts, or 
unoccupied seashells which may be gathered by hand for personal use or 
consumption upon a written determination that the gathering or 
consumption will not adversely affect wildlife, the reproductive 
potential of a plant species, or otherwise adversely affect the 
Presidio Trust Area's resources.
    (2) The Board may:
    (i) Limit the size and quantity of the natural products that may be 
gathered or possessed for this purpose; or
    (ii) Limit the location where natural products may be gathered; or
    (iii) Restrict the possession and consumption of natural products 
to the Presidio Trust Area.
    (3) The following are prohibited:
    (i) Gathering or possessing undesignated natural products.
    (ii) Gathering or possessing natural products in violation of the 
size or quantity limits designated by the Board.
    (iii) Unauthorized removal of natural products from the park area.
    (iv) Gathering natural products outside of designated areas.
    (v) Sale or commercial use of natural products.
    (d) This section shall not be construed as authorizing the taking, 
use or possession of fish, wildlife or plants for ceremonial or 
religious purposes, except where specifically authorized by Federal 
statutory law, treaty rights, or in accordance with Sec. 1002.2 of this 
chapter.


Sec. 1002.2  Wildlife protection.

    (a) The following are prohibited:
    (1) The taking of wildlife.
    (2) The feeding, touching, teasing, or frightening of wildlife.
    (3) The intentional disturbing of wildlife nesting, breeding or 
other activities.
    (4) Possessing unlawfully taken wildlife or portions thereof.
    (5) Hunting, trapping, and fishing.
    (b) The following are prohibited, except under such terms and 
conditions as may be established by the Board:
    (1) The use of an artificial light for purposes of viewing 
wildlife.
    (2) The transporting of lawfully taken wildlife through the 
Presidio Trust Area.


Sec. 1002.3  Weapons, traps and nets.

    (a)(1) Except as otherwise provided in this section, it is 
prohibited to possess, carry or use a weapon, trap or net.
    (2) Weapons, traps or nets may be carried, possessed or used:
    (i) When used for target practice at designated times and at 
facilities or locations designed and constructed specifically for this 
purpose and designated as such by the Board.
    (ii) Within a residential dwelling.
    (3) Traps, nets and unloaded weapons may be possessed within a 
temporary

[[Page 50036]]

lodging or mechanical mode of conveyance when such implements are 
rendered temporarily inoperable or are packed, cased or stored in a 
manner that will prevent their ready use.
    (b) Carrying or possessing a loaded weapon in a motor vehicle, 
vessel or other mode of transportation is prohibited.
    (c) The use of a weapon, trap or net in a manner that endangers 
persons or property is prohibited.
    (d) Authorized law enforcement officers may carry weapons in the 
performance of their official duties.


Sec. 1002.4  Research specimens.

    (a) It is prohibited to take plants, fish, wildlife, rocks or 
minerals except in accordance with other regulations of this chapter or 
pursuant to the terms and conditions of a specimen collection permit.
    (b) A specimen collection permit may be issued only to an official 
representative of a reputable scientific or educational institution or 
a State or Federal agency for the purpose of research, baseline 
inventories, monitoring, impact analysis, group study, or museum 
display when the Executive Director determines that the collection is 
necessary to the stated scientific or resource management goals of the 
institution or agency and that all applicable Federal and State permits 
have been acquired, and that the intended use of the specimens and 
their final disposal is in accordance with applicable law and Federal 
administrative policies. A permit shall not be issued if removal of the 
specimen would result in damage to other natural or cultural resources, 
adversely affect environmental or scenic values, or if the specimen is 
readily available outside of the Presidio Trust Area.
    (c) A permit to take an endangered or threatened species listed 
pursuant to the Endangered Species Act, or similarly identified by the 
State of California, shall not be issued unless the species cannot be 
obtained outside of the Presidio Trust Area and the primary purpose of 
the collection is to enhance the protection or management of the 
species.
    (d) The Executive Director may issue a permit which authorizes the 
killing of plants, fish or wildlife after approving a written research 
proposal and determining that the collection will benefit science or 
has the potential for improving the management and protection of the 
resources of the Presidio Trust Area.
    (e) Specimen collection permits shall require that specimens and 
data derived from consumed specimens will be made available to the 
public and reports and publications resulting from a research specimen 
collection permit shall be filed with the Executive Director.


Sec. 1002.5  Camping and food storage.

    (a) The following are prohibited:
    (1) Camping anywhere in the Presidio Trust Area, except in 
designated areas and under conditions that may be established by the 
Board.
    (2) Digging or leveling the ground at a campsite.
    (3) Leaving camping equipment, site alterations, or refuse after 
departing from the campsite.
    (4) Camping within 25 feet of a water hydrant or main road, or 
within 100 feet of a flowing stream, river or body of water, except as 
designated.
    (5) Creating or sustaining unreasonable noise between the hours of 
10:00 p.m. and 6:00 a.m., considering the nature and purpose of the 
actor's conduct, impact on park users, location, and other factors 
which would govern the conduct of a reasonably prudent person under the 
circumstances.
    (6) The installation of permanent camping facilities.
    (7) Displaying wildlife carcasses or other remains or parts 
thereof.
    (8) Connecting to a utility system, except as designated.
    (b) Food, garbage, and equipment used to cook or store food must be 
kept sealed in a vehicle, or in a camping unit that is constructed of 
solid, non-pliable material. This restriction does not apply to food 
that is being transported, consumed, or prepared for consumption.


Sec. 1002.6  Picnicking.

    Picnicking is allowed, except in designated areas closed in 
accordance with Sec. 1001.5. In areas where picnicking is allowed, 
persons may engage in picnicking only in accordance with such 
conditions as the Board may establish.


Sec. 1002.7  Audio disturbances.

    (a) The following are prohibited:
    (1) Operating motorized equipment or machinery such as an electric 
generating plant, motor vehicle, motorized toy, or an audio device, 
such as a radio, television set, tape deck or musical instrument, in a 
manner:
    (i) That exceeds a noise level of 60 decibels measured on the A-
weighted scale at 50 feet; or
    (ii) If below that level, that nevertheless makes noise which is 
unreasonable, considering the nature and purpose of the actor's 
conduct, location, time of day or night, purpose for which the area was 
established, impact on Presidio Trust Area visitors and tenants, and 
other factors that would govern the conduct of a reasonably prudent 
person under the circumstances.
    (2) Operating any type of power saw, portable motor or engine, or 
device powered by a portable motor or engine, except pursuant to the 
terms and conditions of a permit issued by the Executive Director.
    (3) Operating a public address system, except in connection with a 
public gathering or special event for which a permit has been issued 
pursuant to Sec. 1002.23 or Sec. 1002.24.


Sec. 1002.8  Fires.

    (a) The following are prohibited:
    (1) Lighting or maintaining a fire, including a fire inside an 
appliance such as a barbecue grill, except in designated areas or 
receptacles and under conditions that may be established by the Board.
    (2) Using stoves or lanterns in violation of established 
restrictions.
    (3) Lighting, tending, or using a fire, stove or lantern in a 
manner that threatens, causes damage to, or results in the burning of 
property, real property or resources of the Presidio Trust Area, or 
creates a public safety hazard.
    (4) Leaving a fire unattended.
    (5) Throwing or discarding lighted or smoldering material in a 
manner that threatens, causes damage to, or results in the burning of 
property or resources of the Presidio Trust Area, or creates a public 
safety hazard.
    (b) Fires shall be completely extinguished upon termination of use.
    (c) During periods of high fire danger, the Board may close all or 
a portion of the Presidio Trust Area to the lighting or maintaining of 
a fire.


Sec. 1002.9  Sanitation and refuse.

    The following are prohibited:
    (a) Using government refuse receptacles or other refuse facilities 
for dumping household, commercial, or industrial refuse, brought as 
such from private or municipal property, except in accordance with 
conditions established by the Board.
    (b) Depositing refuse in the plumbing fixtures or vaults of a 
toilet facility.
    (c) Draining refuse from a trailer or other vehicle, except in 
facilities provided for such purpose.
    (d) Bathing, or washing food, clothing, dishes, or other property 
at public water outlets, fixtures or pools, except at those designated 
for such purpose.
    (e) Disposing of human body waste, except at designated locations 
or in fixtures provided for that purpose.

[[Page 50037]]

Sec. 1002.10  Pets.

    (a) The following are prohibited:
    (1) Possession of a pet in a public building, public transportation 
vehicle, or any structure or area that may be closed to the possession 
of pets by the Board. This subparagraph shall not apply to guide dogs 
necessary to accompany persons with impaired hearing, vision, or 
mobility.
    (2) Failing to crate, cage, restrain on a leash which shall not 
exceed six feet in length, or otherwise physically confine a pet at all 
times, except in designated areas and under conditions which may be 
established by the Board.
    (3) Leaving a pet unattended and tied to an object, except in 
designated areas and under conditions which may be established by the 
Board.
    (4) Allowing a pet to make noise that is unreasonable considering 
location, time of day or night, impact on Presidio Trust Area visitors 
and tenants, and other relevant factors, or that disturbs wildlife by 
barking, howling, or making other noise.
    (5) Failing to comply with pet excrement disposal conditions which 
may be established by the Board.
    (b) Pets or feral animals that are running at-large and/or observed 
by an employee or agent of the Presidio Trust in the act of killing, 
injuring or molesting humans, pets, or wildlife may be destroyed if 
necessary for public safety or protection of humans, pets, wildlife, or 
resources of the Presidio Trust Area.
    (c) Pets that are running at-large and/or observed by an employee 
or agent of the Presidio Trust in the act of killing, injuring or 
molesting humans, pets, or wildlife may be impounded by the Presidio 
Trust and/or remanded to the custody of other governmental authorities, 
and the owner may be charged reasonable fees for kennel or boarding 
costs, feed, veterinarian fees, transportation costs, and disposal. An 
impounded pet may be put up for adoption or otherwise disposed of after 
being held for 72 hours from the time the owner was notified of capture 
or 72 hours from the time of capture if the owner is unknown.
    (d) Pets may be kept by residents of the Presidio Trust Area 
consistent with the provisions of this section and in accordance with 
terms of the owner's lease and conditions which may be established by 
the Board. Violation of these conditions is prohibited.
    (e) This section does not apply to dogs or other animals used by 
authorized law enforcement officers in the performance of their 
official duties.


Sec. 1002.11  Horses and pack animals.

    (a) The use of horses and pack animals is prohibited except in 
designated areas or pursuant to the terms and conditions of a permit 
issued by the Executive Director.
    (b) It is prohibited:
    (1) To allow horses or pack animals to proceed in excess of a slow 
walk when passing in the immediate vicinity of persons on foot or 
bicycle.
    (2) To obstruct a trail, or make an unreasonable noise or gesture, 
considering the nature and purpose of the actor's conduct, and other 
factors that would govern the conduct of a reasonably prudent person, 
while horses or pack animals are passing.
    (c) This section does not apply to authorized law enforcement 
officers in the performance of their official duties.


Sec. 1002.12  Aircraft and air delivery.

    (a) Except as may be permitted by the Board, and except as the 
official business of the Federal government may be involved, the 
following are prohibited:
    (1) Operating or using aircraft within the Presidio Trust Area.
    (2) Delivering or retrieving a person or object by parachute, 
helicopter, or other airborne means, except in emergencies involving 
public safety or serious property loss.
    (b) The owners of a downed aircraft shall remove the aircraft and 
all component parts thereof as directed by the Executive Director.
    (c) The use of aircraft shall be in accordance with regulations of 
the Federal Aviation Administration.


Sec. 1002.13  Swimming and boating.

    Swimming, boating, and the use of any type or description of craft, 
other than a seaplane on the water, used or capable of being used as a 
means of transportation on water, including a buoyant device permitting 
or capable of free flotation, are prohibited in the Presidio Trust 
Area.


Sec. 1002.14  Skating, skateboards, and similar devices.

    Using roller skates, skateboards, roller skis, coasting vehicles, 
or similar devices is prohibited in the Presidio Trust Area, except in 
such areas as may be designated for such use by the Board.


Sec. 1002.15  Smoking.

    (a) Smoking in the Presidio Trust Area is allowed or prohibited in 
the same manner as it would be allowed or prohibited under State law.
    (b) Notwithstanding paragraph (a) of this section, the Board may 
designate a portion of the Presidio Trust Area, or all or a portion of 
a building, structure or facility as closed to smoking when necessary 
to protect resources of the Presidio Trust Area, reduce the risk of 
fire, or prevent conflicts among visitor or tenant use activities.


Sec. 1002.16  Property.

    (a) Prohibitions. The following are prohibited:
    (1) Leaving property in the Presidio Trust area with no intent to 
retain possession.
    (2) Leaving property unattended for longer than 12 hours, except in 
locations where longer time periods have been designated or in 
accordance with conditions established by the Board or a permit issued 
by the Executive Director.
    (3) Failing to turn in found property to the Executive Director as 
soon as practicable.
    (b) Impoundment of property. (1) Property determined to be left 
unattended in excess of an allowed period of time may be impounded by 
the Executive Director.
    (2) Unattended property that interferes with visitor or tenant 
safety, orderly management of the Presidio Trust Area, or presents a 
threat to resources of the Presidio Trust Area may be impounded by the 
Executive Director at any time.
    (3) Found or impounded property shall be inventoried to determine 
ownership and safeguard personal property.
    (4) The owner of record is responsible and liable for charges to 
the person who has removed, stored, or otherwise disposed of property 
impounded pursuant to this section; or the Executive Director may 
assess the owner reasonable fees for the impoundment and storage of 
property impounded pursuant to this section.
    (c) Disposition of property. (1) Unattended property impounded 
pursuant to this section shall be deemed to be abandoned unless claimed 
by the owner or an authorized representative thereof within 60 days. 
The 60-day period shall begin when the rightful owner of the property 
has been notified, if the owner can be identified, or from the time the 
property was placed in the Executive Director's custody, if the owner 
cannot be identified.
    (2) Unclaimed, found property shall be stored for a minimum period 
of 60 days and, unless claimed by the owner or an authorized 
representative thereof, may be claimed by the finder, provided that the 
finder is not an employee of the Presidio Trust. Found property not 
claimed by the owner or an authorized

[[Page 50038]]

representative of the finder shall be deemed abandoned.
    (3) Abandoned property shall be sold, donated, or disposed of at 
the discretion of the Executive Director.
    (4) Property owned by a deceased person shall be disposed of in 
accordance with State law.


Sec. 1002.17  Recreation fees.

    It is prohibited to enter designated entrance fee areas or use 
specialized sites, facilities, equipment or services, or to participate 
in group activities, recreation events, or other specialized recreation 
uses for which recreation fees have been established by the Presidio 
Trust, without paying the required fees and possessing the applicable 
permits.


Sec. 1002.18  Interfering with agency functions.

    The following are prohibited:
    (a) Interference. Threatening, resisting, intimidating, or 
intentionally interfering with a government employee or agent engaged 
in an official duty, or on account of the performance of an official 
duty.
    (b) Lawful order. Violating the lawful order of a government 
employee or agent authorized to maintain order and control public 
access and movement during fire fighting operations, search and rescue 
operations, wildlife management operations involving animals that pose 
a threat to public safety, law enforcement actions, and emergency 
operations that involve a threat to public safety or resources of the 
Presidio Trust Area, or other activities where the control of public 
movement and activities is necessary to maintain order and public 
safety.
    (c) False information. Knowingly giving a false or fictitious 
report or other false information: (i) To an authorized law enforcement 
officer investigating an accident or violation of law or regulation; or 
(ii) on an application for a permit.
    (d) False Report. Knowingly giving a false report for the purpose 
of misleading a government employee or agent in the conduct of official 
duties, or making a false report that causes a response by the United 
States to a fictitious event.


Sec. 1002.19  Report of injury or damage.

    A person involved in an incident resulting in personal injury or 
property damage exceeding $500, other than an accident reportable under 
Sec. 1003.2 of this chapter, shall report the incident to the Executive 
Director as soon as possible. This notification does not satisfy any 
other reporting requirements that may be imposed by federal or State 
law.


Sec. 1002.20  Gambling.

    Gambling in any form, or the operation of gambling devices, is 
prohibited.


Sec. 1002.21  Noncommercial soliciting.

    Soliciting or demanding gifts, money, goods or services is 
prohibited, except pursuant to the terms and conditions of a lease or 
other written agreement with the Presidio Trust or of a permit that has 
been issued under Secs. 1002.23, 1002.24 or 1002.25.


Sec. 1002.22  Explosives.

    (a) Using, firing, discharging, possessing, storing or transporting 
explosives, blasting agents, explosive materials, fireworks, or 
firecrackers are prohibited, except pursuant to the terms and 
conditions of a permit issued by the Executive Director.
    (b) When permitted, the use, possession, storage and transportation 
of such materials shall be in accordance with applicable Federal and 
State laws and under such conditions as the Executive Director may 
establish.


Sec. 1002.23  Special events.

    (a) Sports events, pageants, public spectator attractions, 
entertainments, ceremonies, and similar events are allowed when a 
permit therefore has been issued by the Executive Director. A permit 
shall be denied if such activities would:
    (1) Cause injury or damage to resources of the Presidio Trust Area; 
or
    (2) Be inconsistent with the purposes of the Presidio Trust Act or 
otherwise unreasonably impair the atmosphere of peace and tranquility 
maintained in natural, historic, or commemorative zones; or
    (3) Unreasonably interfere with the authorized activities of 
Presidio Trust Area visitors, tenants, or neighbors, or with the 
administrative activities of the Presidio Trust or the National Park 
Service; or
    (4) Substantially impair the operation of public use facilities or 
services of Presidio Trust Area tenants; or
    (5) Present a clear and present danger to the public health and 
safety; or
    (6) Result in significant conflict with other existing uses; or
    (7) Constitute a violation of an applicable law or regulation.
    (b) An application for such a permit shall set forth the name of 
the applicant, the date, time, duration, nature and place of the 
proposed event, an estimate of the number of persons expected to 
attend, a statement of equipment and facilities to be used, and any 
other information required by the Executive Director. The application 
shall be submitted so as to reach the Executive Director at least seven 
days in advance of the proposed event.
    (c) As a condition of permit issuance, the Executive Director may 
require:
    (1) The filing of a bond payable to the Presidio Trust, in an 
amount adequate to cover costs such as restoration, rehabilitation, and 
cleanup of the area used, and other costs resulting from the special 
event. In lieu of a bond, a permittee may elect to deposit cash with 
the Presidio Trust equal to the amount of the required bond. Such 
deposits shall not earn interest.
    (2) In addition to the requirements of paragraph (c)(1) of this 
section, the acquisition of liability insurance in which the Presidio 
Trust is named as co-insured in an amount sufficient to protect the 
Presidio Trust.
    (d) The permit may contain such conditions as are reasonably 
consistent with protection and use of the Presidio Trust Area in 
accordance with the purposes of the Presidio Trust Act. It may also 
contain reasonable limitations on the equipment used and the time and 
area within which the event is allowed.


Sec. 1002.24  Public assemblies, meetings.

    (a) Public assemblies, meetings, gatherings, demonstrations, 
parades and other public expressions of views are allowed within the 
Presidio Trust Area, provided a permit therefore has been issued by the 
Executive Director.
    (b) An application for such a permit shall set forth the name of 
the applicant; the date, time, duration, nature and place of the 
proposed event; an estimate of the number of persons expected to 
attend; a statement of equipment and facilities to be used, and any 
other information required by the permit application form.
    (c) The Executive Director shall, without unreasonable delay, issue 
a permit on proper application unless:
    (1) A prior application for a permit for the same time and place 
has been made that has been or will be granted and the activities 
authorized by that permit do not reasonably allow multiple occupancy of 
that particular area; or
    (2) It reasonably appears that the event will present a clear and 
present danger to the public health or safety; or
    (3) The event is of such nature or duration that it cannot 
reasonably be accommodated in the particular location applied for, 
considering such things as damage to resources or facilities of the 
Presidio Trust Area, inconsistency with the purposes of the Presidio 
Trust Act, interference with authorized activities of Presidio Trust 
Area visitors, tenants, or neighbors, impairment of public use 
facilities or services of Presidio Trust

[[Page 50039]]

Area tenants, or conflict with other existing uses; or
    (4) The activity would constitute a violation of an applicable law 
or regulation.
    (d) If a permit is denied, the applicant shall be so informed in 
writing, with the reason(s) for the denial set forth.
    (e) The Board shall designate areas of the Presidio Trust Area that 
are not available for public assemblies only if such activities would:
    (1) Cause injury or damage to resources of the Presidio Trust Area; 
or
    (2) Be inconsistent with the purposes of the Presidio Trust Act or 
otherwise unreasonably impair the atmosphere of peace and tranquility 
maintained in natural, historic, or commemorative zones; or
    (3) Unreasonably interfere with the authorized activities of 
Presidio Trust Area visitors, tenants, or neighbors, or with the 
administrative activities of the Presidio Trust or the National Park 
Service; or
    (4) Substantially impair the operation of public use facilities or 
services of Presidio Trust Area tenants or contractors; or
    (5) Present a clear and present danger to the public health and 
safety; or
    (6) Constitute a violation of an applicable law or regulation.
    (f) The permit may contain such conditions as are reasonably 
consistent with protection and use of the Presidio Trust Area in 
accordance with the purposes of the Presidio Trust Act. It may also 
contain reasonable limitations on the equipment used and the time and 
area within which the event is allowed.
    (g) No permit shall be issued for a period in excess of seven days, 
provided that permits may be extended for like periods, upon a new 
application, unless another applicant has requested use of the same 
location and multiple occupancy of that location is not reasonably 
possible.
    (h) It is prohibited for persons engaged in activities covered 
under this section to obstruct or impede pedestrians or vehicles, or 
harass Presidio Trust Area visitors or tenants with physical contact.
    (i) A permit may be revoked under any of those conditions, as 
listed in paragraph (c) of this section, that constitute grounds for 
denial of a permit, or for violation of the terms and conditions of the 
permit. Such a revocation shall be made in writing, with the reason(s) 
for revocation clearly set forth, except under emergency circumstances, 
when an immediate verbal revocation or suspension may be made to be 
followed by written confirmation within 72 hours.


Sec. 1002.25  Sale or distribution of printed matter.

    (a) The sale or distribution of printed matter is allowed within 
the Presidio Trust Area, provided that a permit to do so has been 
issued by the Executive Director, and provided further that the printed 
matter is not solely commercial advertising.
    (b) An application for such a permit shall set forth the name of 
the applicant, the name of the organization (if any), the date, time, 
duration, and location of the proposed sale or distribution, the number 
of participants, and any other information required by the permit 
application form.
    (c) The Executive Director shall, without unreasonable delay, issue 
a permit on proper application unless:
    (1) A prior application for a permit for the same time and location 
has been made that has been or will be granted and the activities 
authorized by that permit do not reasonably allow multiple occupancy of 
the particular area; or
    (2) It reasonably appears that the sale or distribution will 
present a clear and present danger to the public health and safety; or
    (3) The number of persons engaged in the sale or distribution 
exceeds the number that can reasonably be accommodated in the 
particular location applied for, considering such things as damage to 
resources of the Presidio Trust Area or facilities, inconsistency with 
the purposes of the Presidio Trust Act, interference with authorized 
activities of Presidio Trust Area visitors and tenants, impairment of 
public use facilities or services of Presidio Trust Area tenants, 
interference with the administrative activities of the Presidio Trust 
or the National Park Service, or conflict with other existing uses; or
    (4) The sale or distribution would constitute a violation of an 
applicable law or regulation.
    (d) If a permit is denied, the applicant shall be so informed in 
writing, with the reason(s) for the denial set forth.
    (e) The Board shall designate areas of the Presidio Trust Area that 
are not available for the sale or distribution of printed matter only 
if such activities would:
    (1) Cause injury or damage to resources of the Presidio Trust Area; 
or
    (2) Be inconsistent with the purposes of the Presidio Trust Act or 
otherwise unreasonably impair the atmosphere of peace and tranquility 
maintained in natural, historic, or commemorative zones; or
    (3) Unreasonably interfere with the authorized activities of 
Presidio Trust Area visitors, tenants, or neighbors, or with the 
administrative activities of the Presidio Trust or the National Park 
Service; or
    (4) Substantially impair the operation of public use facilities or 
services of Presidio Trust Area tenants or contractors; or
    (5) Present a clear and present danger to the public health and 
safety; or
    (6) Constitute a violation of an applicable law or regulation.
    (f) The permit may contain such conditions as are reasonably 
consistent with protection and use of the Presidio Trust Area in 
accordance with the purposes of the Presidio Trust Act.
    (g) No permit shall be issued for a period in excess of 14 
consecutive days, provided that permits may be extended for like 
periods, upon a new application, unless another applicant has requested 
use of the same location and multiple occupancy of that location is not 
reasonably possible.
    (h) It is prohibited for persons engaged in the sale or 
distribution of printed matter under this section to obstruct or impede 
pedestrians or vehicles, harass Presidio Trust Area visitors or tenants 
with physical contact or persistent demands, misrepresent the purposes 
or affiliations of those engaged in the sale or distribution, or 
misrepresent whether the printed matter is available without cost or 
donation.
    (i) A permit may be revoked under any of those conditions, as 
listed in paragraph (c) of this section, that constitute grounds for 
denial of a permit, or for violation of the terms and conditions of the 
permit. Such a revocation shall be made in writing, with the reason(s) 
for revocation clearly set forth, except under emergency circumstances, 
when an immediate verbal revocation or suspension may be made, to be 
followed by written confirmation within 72 hours.


Sec. 1002.26  Livestock use and agriculture.

    The running-at-large, herding, driving across, allowing on, 
pasturing or grazing of livestock of any kind in the Presidio Trust 
Area or the use of the Presidio Trust Area for agricultural purposes is 
prohibited except as may be allowed for residential purposes in 
accordance with the terms and conditions of a valid permit, lease or 
contract.


Sec. 1002.27  Residing on Federal lands.

    It is prohibited to reside in the Presidio Trust Area, except 
pursuant to the terms and conditions of a valid permit, lease or 
contract.


Sec. 1002.28  Memorialization.

    (a) The installation of a monument, memorial, tablet, structure, or 
other commemorative installation in the

[[Page 50040]]

Presidio Trust Area without a permit issued by the Board is prohibited.
    (b) The scattering of human ashes from cremation is prohibited, 
except pursuant to the terms and conditions of a permit, or in 
designated areas and according to conditions which may be established 
by the Board.

PART 1003--VEHICLES AND TRAFFIC SAFETY

Sec.
1003.1  Authorized emergency vehicles.
1003.2  Report of motor vehicle accident.
1003.3  Travel on Presidio Trust Area roads and designated routes.
1003.4  Load, weight and size limits.
1003.5  Speed limits.
1003.6  Unsafe operation.
1003.7  Operating under the influence of alcohol or drugs.
1003.8  Bicycles.
1003.9  Hitchhiking.
1003.10  Powerless flight.
1003.11  Parking.
1003.12  Commercial passenger vehicles.
1003.13  Commercial vehicles.
1003.14  Safety belts.

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note).


Sec. 1003.1  Authorized emergency vehicles.

    (a) The operator of an authorized emergency vehicle, when 
responding to an emergency or when pursuing or apprehending an actual 
or suspected violator of the law, may:
    (1) Disregard traffic control devices;
    (2) Exceed the speed limit; and
    (3) Obstruct traffic.
    (b) The provisions of paragraph (a) of this section do not relieve 
the operator from the duty to operate with due regard for the safety of 
persons and property.


Sec. 1003.2  Report of motor vehicle accident.

    (a) The operator of a motor vehicle involved in an accident 
resulting in property damage, personal injury or death shall report the 
accident to the Executive Director as soon as practicable, but within 
24 hours of the accident. If the operator is physically incapable of 
reporting the accident, an occupant of the vehicle shall report the 
accident to the Executive Director.
    (b) A person shall not tow or move a vehicle that has been involved 
in an accident without first notifying the Executive Director unless 
the position of the vehicle constitutes a hazard or prior notification 
is not practicable, in which case notification shall be made before the 
vehicle is removed from the Presidio Trust Area.
    (c) The notification requirements imposed by this section do not 
relieve the operator and occupants of a motor vehicle involved in an 
accident of the responsibility to satisfy reporting requirements 
imposed by State law.


Sec. 1003.3  Travel on Presidio Trust Area roads and designated routes.

    The following are prohibited:
    (a) Operating a motor vehicle anywhere other than on Presidio Trust 
Area roads, in parking areas, and on routes and areas designated for 
such use or in accordance with the terms of a permit.
    (b) Operating a motor vehicle not equipped with pneumatic tires.
    (c) Operating a motor vehicle in a manner that causes unreasonable 
damage to the surface of a road or route.


Sec. 1003.4  Load, weight and size limits.

    (a) Vehicle load, weight and size limits established by State law 
apply to a vehicle operated on a Presidio Trust Area road. The Board 
may designate more restrictive limits when appropriate for traffic 
safety or protection of the road surface. The Executive Director may 
require a permit and establish conditions for the operation of a 
vehicle exceeding designated limits.
    (b) The following are prohibited:
    (1) Operating a vehicle that exceeds a load, weight or size limit 
designated by the Board.
    (2) Operating a motor vehicle with an auxiliary detachable side 
mirror that extends more than 10 inches beyond the side fender line 
except when the motor vehicle is towing a second vehicle.


Sec. 1003.5  Speed limits.

    (a) The Board shall establish speed limits in the Presidio Trust 
Area and post such limits by using standard traffic control devices.
    (b) Unless otherwise posted, the speed limit in the Presidio Trust 
Area is 25 miles per hour.
    (c) An authorized law enforcement officer may utilize 
radiomicrowaves or other electrical devices to determine the speed of a 
vehicle on a Presidio Trust Area road. Signs indicating that vehicle 
speed is determined by the use of radiomicrowaves or other electrical 
devices are not required.
    (d) The offense of exceeding a speed limit is defined by State law 
and violations are prosecuted pursuant to the provision of 
Sec. 1001.2(d) of this chapter.


Sec. 1003.6  Unsafe operation.

    (a) The elements of this section constitute offenses that are less 
serious than reckless driving. The offense of reckless driving is 
defined by State law and violations are prosecuted pursuant to the 
provisions of Sec. 1001.2(d) of this chapter.
    (b) The following are prohibited:
    (1) Operating a motor vehicle without due care or at a speed 
greater than that which is reasonable and prudent considering wildlife, 
traffic, weather, road and light conditions and road character.
    (2) Operating a motor vehicle in a manner which unnecessarily 
causes its tires to squeal, skid or break free of the road surface.
    (3) Failing to maintain that degree of control of a motor vehicle 
necessary to avoid danger to persons, property or wildlife.
    (4) Operating a motor vehicle while allowing a person to ride:
    (i) On or within any vehicle, trailer or other mode of conveyance 
towed behind the motor vehicle unless specifically designed for 
carrying passengers while being towed; or
    (ii) On any exterior portion of the motor vehicle except as may be 
allowed under State law.


Sec. 1003.7  Operating under the influence of alcohol or drugs.

    (a) At the request or direction of an authorized law enforcement 
officer who has probable cause to believe that an operator of a motor 
vehicle within the Presidio Trust Area is under the influence of 
alcohol, or a drug, or drugs, or any combination thereof, the operator 
shall submit to one or more tests of the blood, breath, saliva or urine 
for the purpose of determining blood alcohol and drug content.
    (b) Refusal by an operator to submit to a test is prohibited and 
proof of refusal may be admissible in any related judicial proceeding.
    (c) Any test or tests for the presence of alcohol and drugs shall 
be determined by and administered at the direction of an authorized law 
enforcement officer.
    (d) Any test shall be conducted by using accepted scientific 
methods and equipment of proven accuracy and reliability operated by 
personnel certified in its use.
    (e) The offense of operating a motor vehicle while under the 
influence of alcohol or drugs is defined by State law and violations 
are prosecuted pursuant to the provision of Sec. 1001.2(d) of this 
chapter.


Sec. 1003.8  Bicycles.

    (a) The use of a bicycle is prohibited except on Presidio Trust 
Area roads, in parking areas and on routes designated for bicycle use 
by the Board after considering possible injury or damage to resources 
of the Presidio Trust Area, the purposes of the Presidio Trust Act, 
possible impairment of the operation of public use facilities or 
services of Presidio Trust Area tenants, public health and safety, and 
potential for

[[Page 50041]]

interference with the authorized activities of Presidio Trust Area 
visitors and tenants, or with the administrative activities of the 
Presidio Trust.
    (b) A person operating a bicycle is subject to all sections of this 
part that apply to an operator of a motor vehicle, except Secs. 1003.3 
and 1003.4.
    (c) Bicycle speed limits are as follows:
    (1) On Presidio Trust Area roads: the same as motor vehicle speed 
limits.
    (2) On other designated routes in the Presidio Trust Area: 15 miles 
per hour.
    (3) On blind curves and when passing other trail users: 5 miles per 
hour.
    (d) The following are prohibited:
    (1) Operating a bicycle during periods of low visibility, or 
between sunset and sunrise, without exhibiting on the operator or 
bicycle a white light or reflector that is visible from a distance of 
at least 500 feet to the front and with a red light or reflector 
visible from at least 200 feet to the rear.
    (2) Operating a bicycle abreast of another bicycle except where 
authorized by the Board.
    (3) Operating a bicycle while consuming an alcoholic beverage or 
carrying in hand an open container of an alcoholic beverage.
    (4) The possession of a bicycle on routes not designated as open to 
bicycle use.


Sec. 1003.9  Hitchhiking.

    Hitchhiking or soliciting transportation is prohibited except in 
designated areas and under conditions established by the Board.


Sec. 1003.10  Powerless flight.

    The use of devices designed to transport persons through the air in 
powerless flight is prohibited.


Sec. 1003.11  Parking.

    The Board shall designate areas and establish conditions for 
parking of motor vehicles, including time limits and fees. Motor 
vehicles parked in violation of these conditions may be ticketed and/or 
towed at the owner's expense.


Sec. 1003.12  Commercial passenger vehicles.

    (a) The use of Presidio Trust Area roads by commercial passenger 
vehicles is prohibited, except pursuant to the terms and conditions of 
a permit issued by the Executive Director, and only in such areas as 
may be designated by the Board, with the following exceptions:
    (1) Operation of a commercial passenger vehicle by a government 
agency or instrumentality for the purpose of providing public transit.
    (2) Operation of a commercial passenger vehicle as part of a trip 
or tour initiated, organized, and directed by an established bona fide 
school or college, institution, society or other organization, as a 
nonprofit activity of such organization, and if all passengers are 
students, faculty, members, or employees of such organization, or 
otherwise connected therewith, provided that, upon request by an 
authorized law enforcement officer, credentials are presented by the 
head of such institution or organization indicating the trip is in 
accordance with these provisions. Clubs or associations having as a 
principal purpose the arranging of tours, trips, or transportation for 
their members will not qualify for admission into the Presidio Trust 
Area under the provision of this paragraph.
    (3) Operation of a commercial passenger vehicle as a result of an 
emergency involving public safety or risk of serious property loss.
    (b) The idling of commercial passenger vehicle engines while 
loading, unloading, or waiting for passengers to board is prohibited.


Sec. 1003.13  Commercial vehicles.

    The use of Presidio Trust Area roads by commercial vehicles when 
such use is not connected with the administrative activities of the 
Presidio Trust or authorized services provided by or to Presidio Trust 
Area visitors or tenants, is prohibited, except that in emergencies the 
Executive Director may grant permission to use Presidio Trust Area 
roads.


Sec. 1003.14  Safety belts.

    (a) Each operator and passenger occupying any seating position of a 
motor vehicle in the Presidio Trust Area will have the safety belt or 
child restraint system properly fastened at all times when the vehicle 
is in motion. The safety belt and child restraint system will conform 
to applicable United States Department of Transportation standards.
    (b) This section does not apply to an occupant in a seat that was 
not originally equipped by the manufacturer with a safety belt nor does 
it apply to a person who can demonstrate that a medical condition 
prevents restraint by a safety belt or other occupant restraining 
device.

PART 1004--COMMERCIAL AND PRIVATE OPERATIONS

Sec.
1004.1  Signs and advertisements.
1004.2  Alcoholic beverages; sale of intoxicants.
1004.3  Business operations.
1004.4  Commercial photography.
1004.5  Construction of buildings or other facilities.
1004.6  Discrimination in employment practices.
1004.7  Discrimination in furnishing public accommodations and 
transportation services.
1004.8  Eating, drinking, or lodging establishments.
1004.9  Nuisances.
1004.10  Prospecting, mining, and mineral leasing.

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note).


Sec. 1004.1  Signs and advertisements.

    (a) No sign, poster, placard, flier, or other printed notice may be 
posted anywhere in the Presidio Trust Area except in accordance with 
such conditions as to reasonable time, place, and manner that may be 
established by the Board.
    (b) Commercial notices or advertisements shall not be displayed, 
posted, or distributed within the Presidio Trust Area without a permit 
issued therefor.


Sec. 1004.2  Alcoholic beverages; sale of intoxicants.

    (a) The sale of alcoholic, spirituous, vinous, or fermented liquor, 
containing more than one percent of alcohol by weight, shall conform 
with all applicable Federal and State laws and regulations.
    (b) No such liquor shall be sold within the Presidio Trust Area, 
unless a permit for the sale thereof has first been secured from the 
Executive Director.
    (1) In granting or refusing applications for permits as herein 
provided, the Executive Director shall take into consideration the 
character of the neighborhood, the availability of other liquor-
dispensing facilities, State law governing the sale of liquor, and any 
other local factors which have a relationship to the privilege 
requested.
    (2) The permit for sale of intoxicating liquors shall contain such 
general and special conditions as the Executive Director may deem 
reasonably necessary to insure safe and orderly management of the 
Presidio Trust Area.
    (3) The permittee shall comply with State law, other than fee and 
license requirements, as such would be applicable to the premises and 
to the sale and dispensing of intoxicating beverages.


Sec. 1004.3  Business operations.

    Engaging in or soliciting any business in the Presidio Trust Area, 
except in accordance with the provisions of a permit, contract, or 
other written agreement with the Presidio Trust, is prohibited.

[[Page 50042]]

Sec. 1004.4  Commercial photography.

    (a) Permit requirement. Before any still or motion picture may be 
taken or filmed or any video or television production or sound track 
may be made, which involves the use of professional casts, models, 
settings, or crews, by any person other than bona fide newsreel or news 
television personnel, a written permit must first be obtained from the 
Executive Director.
    (b) Bond. A bond shall be furnished, or deposit made in cash or by 
certified check, in an amount to be set by the Executive Director to 
insure full compliance with all of the conditions prescribed in 
paragraph (c)(5) of this section.
    (c) Form of application. The person or organization seeking a 
permit must state in writing:
    (1) The type of activity sought to be performed;
    (2) The area of the Presidio Trust Area in which the activity is 
sought to be performed;
    (3) The scope of the filming (or production or recording) and the 
manner and extent thereof;
    (4) The approximate dates of the activity;
    (5) That the applicant will comply with the following conditions:
    (i) Utmost care will be exercised to see that no natural features 
or public or private property are injured, and after completion of the 
work the area will, as required by the official in charge, either be 
cleaned up and restored to its prior condition or left, after clean-up, 
in a condition satisfactory to the official of the Presidio Trust in 
charge.
    (ii) Credit will be given to the Presidio Trust through the use of 
an appropriate title or announcement, unless there is issued by the 
Executive Director a written statement that no such courtesy credit is 
desired.
    (iii) Pictures will be taken of wildlife only when such wildlife 
will be shown in its natural state or under approved management 
conditions if such wildlife is confined.
    (iv) Any special instructions received from the official in charge 
of the area will be complied with.
    (v) Any additional information relating to the privilege applied 
for will be furnished upon request of the official in charge.


Sec. 1004.5  Construction of buildings or other facilities.

    Constructing or attempting to construct a building, or other 
structure, road, trail, path, or other way, telephone line, telegraph 
line, power line, or any other private or public utility, upon, across, 
over, through, or under any portion of the Presidio Trust Area, except 
in accordance with the provisions of a valid permit, contract, or other 
written agreement with the United States, is prohibited.


Sec. 1004.6  Discrimination in employment practices.

    (a) With the exception of governmental agencies or 
instrumentalities covered by other non-discrimination requirements, the 
proprietor, owner, or operator of any hotel, inn, lodge, restaurant, 
recreational facility, or other facility or accommodation offered to or 
enjoyed by the general public within the Presidio Trust Area, is 
prohibited from discriminating against any employee or maintaining any 
employment practice which discriminates because of race, creed, color, 
ancestry, sex, age, disabling condition, national origin or sexual 
orientation in connection with any activity provided for or permitted 
by contract with or permit from the Presidio Trust or by derivative 
subcontract or sublease. As used in this section, the term 
``employment'' includes, but is not limited to, employment, upgrading, 
demotion, or transfer; recruitment, or recruitment advertising; layoffs 
or termination; rates of pay or other forms of compensation; and 
selection for training including apprenticeship.
    (b) Each such proprietor, owner or operator shall post the 
following notice at such locations as will ensure that the notice and 
its contents will be conspicuous to any person seeking employment:

Notice

    This is a facility operated in an area under the jurisdiction of 
the Presidio Trust. No discrimination in employment practices on the 
basis of race, creed, color, ancestry, sex, age, disabling 
condition, national origin, or sexual orientation is permitted in 
this facility. Violations of this prohibition are punishable by 
fine, imprisonment, or both. Complaints or violations of this 
prohibition should be addressed to the Executive Director, The 
Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.


Sec. 1004.7  Discrimination in furnishing public accommodations and 
transportation services.

    (a) With the exception of governmental agencies or 
instrumentalities covered by other non-discrimination requirements, the 
proprietor, owner or operator and the employees of any hotel, inn, 
lodge, restaurant, recreational facility, or other facility or 
accommodation offered to or enjoyed by the general public within the 
Presidio Trust Area and, while using any portion of the Presidio, any 
commercial passenger-carrying motor vehicle service and its employees, 
are prohibited from:
    (1) Publicizing the facilities, accommodations or any activity 
conducted therein in any manner that would directly or inferentially 
reflect upon or question the acceptability of any person or persons 
because of race, creed, color, ancestry, sex, age, disabling condition, 
national origin, or sexual orientation; or
    (2) Discriminating by segregation or otherwise against any person 
or persons because of race, creed, color, ancestry, sex, age, disabling 
condition, national origin, or sexual orientation in furnishing or 
refusing to furnish such person or persons any accommodation, facility, 
service, or privilege offered to or enjoyed by the general public.
    (b) Each such proprietor, owner, or operator shall post the 
following notice at such locations as will insure that the notice and 
its contents will be conspicuous to any person seeking accommodations, 
facilities, services, or privileges:

Notice

    This is a facility operated in an area under the jurisdiction of 
the Presidio Trust. No discrimination by segregation or other means 
in the furnishing of accommodations, facilities, services, or 
privileges on the basis of race, creed, color, ancestry, sex, age, 
disabling condition, national origin, or sexual orientation is 
permitted in the use of this facility. Violations of this 
prohibition are punishable by fine, imprisonment, or both. 
Complaints or violations of this prohibition should be addressed to 
the Executive Director, The Presidio Trust, P.O. Box 29052, San 
Francisco, CA 94129-0052.


Sec. 1004.8  Eating, drinking, or lodging establishments.

    (a) No establishment offering food, drink, or lodging for sale 
within the Presidio Trust Area may be operated without a permit 
obtained from the Executive Director. Such permit may include terms and 
conditions deemed necessary by the Executive Director to the health, 
safety and welfare of the public and it may be revoked upon failure to 
comply with the requirements of paragraphs (b) and (c) of this section 
or the conditions set forth in the permit.
    (b) Such establishment shall be maintained and operated in 
accordance with the rules and regulations recommended by the U.S. 
Public Health Service for such establishments, and State law. In the 
event of conflict or inconsistency between such U.S. Public Health 
Service recommendations and the requirements of State law, the former 
shall prevail.
    (c) The Executive Director shall have the right to inspect such 
establishments

[[Page 50043]]

at reasonable times to determine whether the establishment is being 
operated in accordance with the applicable rules and regulations and in 
accordance with the provisions of the permit.


Sec. 1004.9  Nuisances.

    The creation or maintenance of a nuisance within the Presidio Trust 
Area is prohibited.


Sec. 1004.10  Prospecting, mining, and mineral leasing.

    Prospecting, mining, and the location of mining claims under the 
general mining laws and leasing under the mineral leasing laws are 
prohibited in the Presidio Trust Area except as authorized by law.

PART 1005-RIGHTS-OF-WAY

Sec.
1005.1  Definitions.
1005.2  Issuance of rights-of-way.
1005.3  Nature of interest granted.
1005.4  Unauthorized occupancy.
1005.5  Terms and conditions.
1005.6  Nonconstruction, abandonment or nonuse.
1005.7  Deviation from approved right-of-way.
1005.8  Order of cancellation.
1005.9  Change in jurisdiction over lands.
1005.10  Transfer of right-of-way.
1005.11  Disposal of property on termination of right-of-way.

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note).


Sec. 1005.1  Definitions.

    The following terms have the following meanings as used in this 
part:
    Construction work means any and all work, whether of a temporary or 
permanent nature, done in the construction of the project.
    Project means the physical structures in connection with which the 
right-of-way is approved.
    Right-of-way includes license, permit, or easement, as the case may 
be.


Sec. 1005.2  Issuance of rights-of-way.

    Rights-of-way over or through the Presidio Trust Area will be 
issued by the Board under the regulations of this part on such terms 
and conditions (including monetary charges) as the Board finds to be in 
the public interest, in accordance with applicable law, and consistent 
with the purposes of the Presidio Trust Act.


Sec. 1005.3  Nature of interest granted.

    No interest granted by the regulations in this part shall give the 
holder thereof any estate of any kind in fee in the lands. The interest 
granted shall consist of an easement, license, or permit in accordance 
with the terms of the applicable statute; no interest shall be greater 
than a permit revocable at the discretion of the Board unless an 
applicable statute provides otherwise. Except as otherwise provided by 
law, no interest granted shall give the grantee any right whatsoever to 
take from the Presidio Trust Area any material, earth, or stone for 
construction or other purpose, but stone and earth necessarily removed 
from the right-of-way in the construction of a project may be used 
elsewhere along the same right-of-way in the construction of the same 
project.


Sec. 1005.4  Unauthorized occupancy.

    Any occupancy or use of the lands of the Presidio Trust Area 
without authority will subject the person occupying or using the land 
to prosecution and liability for trespass.


Sec. 1005.5  Terms and conditions.

    By accepting a right-of-way, the holder thereof agrees and consents 
to comply with and be bound by the following terms and conditions, 
except to the extent that the instrument granting the right-of-way 
expressly provides otherwise:
    (a) To comply with Federal and State laws applicable to the project 
for which the right-of-way is approved, and to the lands which are 
included in the right-of-way, and lawful existing regulations 
thereunder.
    (b) To prevent or minimize damage to the Presidio Trust Area's 
resources related to the holder's use of or activities related to the 
right-of-way, including but not limited to restoration, landscaping, 
and disposal of brush and other refuse, as determined by and at the 
direction of the Executive Director.
    (c) To take such soil and resource conservation and protection 
measures including weed control, on the land covered by the right-of-
way as determined by and at the direction of the Executive Director.
    (d) To do everything reasonably within the holder's power, both 
independently and on request of any duly authorized representative of 
the Presidio Trust or the United States, to prevent and suppress fires 
on or near the lands to be occupied under the right-of-way, including 
making available such construction and maintenance forces as may be 
reasonably obtainable for the suppression of such fires.
    (e) To build and repair such roads, fences, and trails as may be 
destroyed or injured by construction work and to build and maintain 
necessary and suitable crossings for all roads and trails that 
intersect the works constructed, maintained, or operated under the 
right-of-way, subject to the approval of the Executive Director.
    (f) To pay the Presidio Trust the full value for all damages to 
lands in the Presidio Trust Area or other property of or administered 
by the Presidio Trust caused by the holder or by the holder's 
employees, contractors, or employees of the contractors, and to 
indemnify the Presidio Trust against any liability for damages to life, 
person or property arising from the occupancy or use of the lands under 
the right-of-way; except that where a right-of-way is granted hereunder 
to a State or other governmental agency whose power to assume liability 
by agreement is limited by law, such agency shall indemnify the 
Presidio Trust as provided above to the extent that it may legally do 
so.
    (g) To refrain from cutting or destroying any timber without first 
obtaining permission from the Executive Director; to replace in kind 
any trees removed or reimburse the Trust for its costs in replacing in 
kind any trees removed; and to notify promptly the Executive Director 
of the amount of merchantable timber, if any, which will be cut, 
removed, or destroyed in the construction and maintenance of the 
project, and to pay the Presidio Trust in advance of construction such 
sum of money as the Executive Director may determine to be the full 
stumpage value of the timber to be so cut, removed, or destroyed.
    (h) To comply with such other specified conditions, within the 
scope of the applicable statute and lawful regulations thereunder, with 
respect to the occupancy and use of the lands as may be found by the 
Board to be necessary as a condition to the approval of the right-of-
way in order to render its use compatible with the public interest.
    (i) That upon revocation or termination of the right-of-way, unless 
the requirement is waived in writing by the Executive Director, the 
holder shall, so far as it is reasonably possible to do so, restore the 
land to its original condition to the entire satisfaction of the 
Executive Director.
    (j) That the holder shall at all times keep the Executive Director 
informed of his address, and, in case of corporations, of the address 
of its principal place of business and of the names and addresses of 
its principal officers.
    (k) That in the construction, operation, and maintenance of the 
project, the holder shall not discriminate against any employee or 
applicant for employment because of race, creed, color, ancestry, sex, 
age, disabling condition, national origin, or sexual orientation and 
shall require an

[[Page 50044]]

identical provision to be included in all subcontracts.
    (l) That the allowance of the right-of-way shall be subject to the 
express condition that the exercise thereof will not unduly interfere 
with the management and administration by the Presidio Trust or the 
United States of the lands affected thereby, and that the holder agrees 
and consents to the occupancy and use by the Presidio Trust and the 
United States, and their grantees, permittees, or lessees of any part 
of the right-of-way not actually occupied or required by the project, 
or the full and safe utilization thereof, for operations incident to 
such management, administration, or disposal.
    (m) That the right-of-way herein granted shall be subject to the 
express covenant that it will be modified, adapted, or discontinued if 
found by the Board to be necessary, without liability or expense to the 
Presidio Trust or the United States, so as not to conflict with the use 
and occupancy of the land for any authorized works which may be 
hereafter constructed thereon under the authority of the Presidio Trust 
or the United States.


Sec. 1005.6  Nonconstruction, abandonment or nonuse.

    Unless otherwise provided by law, rights-of-way are subject to 
cancellation by the Board for failure to construct within the period 
allowed under the terms of the issuance of the right-of-way and for 
abandonment or nonuse.


Sec. 1005.7  Deviation from approved right-of-way.

    No deviation from the location of an approved right-of-way shall be 
undertaken without the prior written approval of the Executive 
Director. The Executive Director may require that the Board approve the 
deviation where in the Executive Director's judgment the deviation is 
substantial.


Sec. 1005.8  Order of cancellation.

    All rights-of-way issued pursuant to this part shall be subject to 
cancellation for the violation of any of the provisions of this part 
applicable thereto, or for the violation of the terms or conditions of 
the right-of-way, at the discretion of the Board. No right-of-way shall 
be deemed to be cancelled except on the issuance of a specific order of 
cancellation, which order shall be published in the Federal Register.


Sec. 1005.9  Change in jurisdiction over lands.

    A change in jurisdiction over the lands in the Presidio from one 
Federal agency to another will not cancel a right-of-way involving such 
lands. It will however, change the administrative jurisdiction over the 
right-of-way or part thereof affected by the change in jurisdiction.


Sec. 1005.10  Transfer of right-of-way.

    No transfer of any right-of-way will be recognized unless and until 
it is first approved in writing by the Board.


Sec. 1005.11  Disposal of property on termination of right-of-way.

    Upon the termination of a right-of-way by expiration or by prior 
cancellation, in the absence of any agreement to the contrary, if all 
monies due the Presidio Trust thereunder have been paid, the holder of 
the right-of-way will be allowed 60 days or such additional time as may 
be granted by the Executive Director in which to remove from the right-
of-way all property or improvements of any kind, other than a road and 
usable improvements to a road, placed thereon by him; but if not 
removed within the time allowed, all such property and improvements 
shall become the property of the Presidio Trust, without any 
compensation owed therefore. No claim for damages against the Presidio 
Trust or its employees, directors, officers, or agents shall arise or 
be made on account of such removal and restoration work.

PART 1006--PRESIDIO TRUST SYMBOLS

Sec.
1006.1  Definitions.
1006.2   Applicability.
1006.3  Uses.
1006.4  Power to revoke.
1006.5  Penalties.

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note).


Sec. 1006.1  Definitions.

    The term Presidio Trust symbol, as used in this part, refers to:
    (a) any official symbol, insignia, trademark or service mark of the 
Presidio Trust designated as such by action of the Board, with notice 
published in the Federal Register; and
    (b) the words ``Presidio'' and ``Trust'' when used together and/or 
in conjunction with other words.


Sec. 1006.2  Applicability.

    The regulations contained in this part shall apply to the fullest 
extent of the jurisdiction of the United States.


Sec. 1006.3  Uses.

    (a) All reproduction and use of Presidio Trust symbols by any 
entity other than the Presidio Trust are prohibited, except as provided 
in these regulations.
    (b) The Board may license or otherwise permit the reproduction and 
use of one or more Presidio Trust symbols, with or without charge, for 
uses that are consistent with the purposes of the Presidio Trust Act.


Sec. 1006.4  Power to revoke.

    Permission granted under this part by the Board may be rescinded by 
the Board at any time upon a finding that the use of the Presidio Trust 
symbol or symbols involved is inconsistent with the purposes of the 
Presidio Trust Act, or for disregard of any limitations or terms 
contained in the applicable licenses or permits.


Sec. 1006.5  Penalties.

    Whoever reproduces or uses any Presidio Trust symbol in violation 
of the regulations of this part shall be subject to the penalties 
prescribed in 18 U.S.C. 701.

PART 1007--REQUESTS UNDER THE FREEDOM OF INFORMATION ACT

Sec.
1007.1  Purpose and scope.
1007.2  Records available.
1007.3  Requests for records.
1007.4  Preliminary processing of requests.
1007.5  Action on initial requests.
1007.6  Time limits for processing initial requests.
1007.7  Appeals.
1007.8  Action on appeals.
1007.9  Fees.
1007.10  Waiver of fees.

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note); 5 U.S.C. 552.


Sec. 1007.1  Purpose and scope.

    (a) This part contains the procedures for submission to and 
consideration by the Presidio Trust of requests for records under the 
Freedom of Information Act, 5 U.S.C. 552.
    (b) Before invoking the formal procedures set out below, persons 
seeking records from the Presidio Trust may find it useful to consult 
with the Presidio Trust's FOIA Officer, who can be reached at Presidio 
Trust, P.O. Box 29052, San Francisco, CA 94129-0052, Telephone: (415) 
561-5300.
    (c) The procedures in this part do not apply to:
    (1) Records published in the Federal Register, the Bylaws of the 
Presidio Trust, statements of policy and interpretations, and other 
materials that have been published by the Presidio Trust on its 
internet website (http://www.presidiotrust.gov) or are routinely made 
available for inspection and copying.
    (2) Records or information compiled for law enforcement purposes 
and

[[Page 50045]]

covered by the disclosure exemption described in Sec. 1007.2(c)(7) if:
    (i) The investigation or proceeding involves a possible violation 
of criminal law; and
    (ii) There is reason to believe that:
    (A) The subject of the investigation or proceeding is not aware of 
its pendency, and
    (B) Disclosure of the existence of the records could reasonably be 
expected to interfere with enforcement proceedings.
    (3) Informant records maintained by the United States Park Police 
under an informant's name or personal identifier, if requested by a 
third party according to the informant's name or personal identifier, 
unless the informant's status as an informant has been officially 
confirmed.


Sec. 1007.2  Records available.

    (a) Policy. It is the policy of the Presidio Trust to make its 
records available to the public to the greatest extent possible 
consistent with the purposes of the Presidio Trust Act and the Freedom 
of Information Act.
    (b) Statutory disclosure requirement. FOIA requires that the 
Presidio Trust, on a request from a member of the public submitted in 
accordance with the procedures in this part, make requested records 
available for inspection and copying.
    (c) Statutory exemptions. Exempted from FOIA's statutory disclosure 
requirement are matters that are:
    (1)(i) Specifically authorized under criteria established by an 
Executive order to be kept secret in the interest of national defense 
or foreign policy and
    (ii) Are in fact properly classified pursuant to such Executive 
order;
    (2) Related solely to the internal personnel rules and practices of 
an agency;
    (3) Specifically exempted from disclosure by statute (other than 
the Privacy Act), provided that such statute:
    (i) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue, or
    (ii) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Inter-agency or intra-agency memorandums or letters which would 
not be available by law to a party other than an agency in litigation 
with the agency;
    (6) Personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (7) Records or information compiled for law enforcement purposes, 
but only to the extent that the production of such law enforcement 
records or information:
    (i) Could reasonably be expected to interfere with enforcement 
proceedings,
    (ii) Would deprive a person of a right to a fair or an impartial 
adjudication,
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy,
    (iv) Could reasonably be expected to disclose the identity of a 
confidential source, including a State, local, or foreign agency or 
authority or any private institution which furnished information on a 
confidential basis, and, in the case of a record or information 
compiled by a criminal law enforcement authority in the course of a 
criminal investigation, or by an agency conducting a lawful national 
security intelligence investigation, information furnished by a 
confidential source,
    (v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law, or
    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual;
    (8) Contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial 
institutions; or
    (9) Geological and geophysical information and data, including 
maps, concerning wells.
    (d) Decisions on requests. It is the policy of the Presidio Trust 
to withhold information falling within an exemption only if:
    (1) Disclosure is prohibited by statute or Executive order or
    (2) Sound grounds exist for invocation of the exemption.
    (e) Disclosure of reasonably segregable nonexempt material. If a 
requested record contains material covered by an exemption and material 
that is not exempt, and it is determined under the procedures in this 
part to withhold the exempt material, any reasonably segregable 
nonexempt material shall be separated from the exempt material and 
released. In such circumstances, the records disclosed in part shall be 
marked or annotated to show both the amount and the location of the 
information deleted wherever practicable.


Sec. 1007.3  Requests for records.

    (a) Submission of requests. A request to inspect or copy records 
shall be submitted to the Presidio Trust's FOIA Officer at P.O. Box 
29052, San Francisco, CA 94129-0052.
    (b) Form of requests. (1) Requests under this part shall be in 
writing and must specifically invoke FOIA.
    (2) A request must reasonably describe the records requested. A 
request reasonably describes the records requested if it will enable an 
employee of the Presidio Trust familiar with the subject area of the 
request to locate the record with a reasonable amount of effort. If 
such information is available, the request should identify the subject 
matter of the record, the date when it was made, the place where it was 
made, the person or office that made it, the present custodian of the 
record, and any other information that will assist in locating the 
requested record. If the request involves a matter known by the 
requester to be in litigation, the request should also state the case 
name and court hearing the case.
    (3)(i) A request shall:
    (A) Specify the fee category (commercial use, educational 
institution, noncommercial scientific institution, news media, or 
other, as defined in Sec. 1007.9 of this chapter) in which the 
requester claims the request to fall and the basis of this claim and
    (B) State the maximum amount of fees that the requester is willing 
to pay or include a request for a fee waiver.
    (ii) Requesters are advised that, under Sec. 1007.9 (f), (g) and 
(h), the time for responding to requests may be delayed:
    (A) If a requester has not sufficiently identified the fee category 
applicable to the request,
    (B) If a requester has not stated a willingness to pay fees as high 
as anticipated by the Presidio Trust or
    (C) If a fee waiver request is denied and the requester has not 
included an alternative statement of willingness to pay fees as high as 
anticipated by the Presidio Trust.
    (4) A request seeking a fee waiver shall, to the extent possible, 
address why the requester believes that the criteria for fee waivers 
set out in Sec. 1007.10 are met.
    (5) To ensure expeditious handling, requests should be prominently 
marked, both the envelope and on the face of the request, with the 
legend ``FREEDOM OF INFORMATION REQUEST.''
    (c) Creation of records. A request may seek only records that are 
in existence at the time the request is received. A request may not 
seek records that come into existence after the date on which it is 
received and may not require that new records be created in response to 
the request by, for example, combining or compiling selected items from

[[Page 50046]]

manual files, preparing a new computer program, or calculating 
proportions, percentages, frequency distributions, trends or 
comparisons. In those instances where the Presidio Trust determines 
that creating a new record will be less burdensome than disclosing 
large volumes of unassembled material, the Presidio Trust may, in its 
discretion, agree to creation of a new record as an alternative to 
disclosing existing records.


Sec. 1007.4  Preliminary processing of requests.

    (a) Scope of requests. Unless a request clearly specifies 
otherwise, requests to the Presidio Trust may be presumed to seek only 
records of the Presidio Trust.
    (b) Records of other departments and agencies. (1) If a requested 
record in the possession of the Presidio Trust originated with another 
Federal department or agency, the request shall be referred to that 
agency unless:
    (i) The record is of primary interest to the Presidio Trust, for 
example, because it was developed or prepared pursuant to Presidio 
Trust regulations or request,
    (ii) The Presidio Trust is in a better position than the 
originating agency to assess whether the record is exempt from 
disclosure, or
    (iii) The originating agency is not subject to FOIA.
    (2) A request for documents that were classified by another agency 
shall be referred to that agency.
    (c) Consultation with submitters of commercial and financial 
information. (1) If a request seeks a record containing trade secrets 
or commercial or financial information submitted by a person outside of 
the Federal government, the Presidio Trust shall provide the submitter 
with notice of the request whenever:
    (i) The submitter has made a good faith designation of the 
information as commercially or financially sensitive, or
    (ii) The Presidio Trust has reason to believe that disclosure of 
the information may result in commercial or financial injury to the 
submitter.
    (2) Where notification of a voluminous number of submitters is 
required, such notification may be accomplished by posting or 
publishing the notice in a place reasonably calculated to accomplish 
notification.
    (3) The notice to the submitter shall afford the submitter a 
reasonable period within which to provide a detailed statement of any 
objection to disclosure. The submitter's statement shall explain the 
basis on which the information is claimed to be exempt under FOIA, 
including a specification of any claim of competitive or other business 
harm that would result from disclosure. The statement shall also 
include a certification that the information is confidential, has not 
been disclosed to the public by the submitter, and is not routinely 
available to the public from other sources.
    (4) If a submitter's statement cannot be obtained within the time 
limit for processing the request under Sec. 1007.6, the requester shall 
be notified of the delay as provided in Sec. 1007.6(f).
    (5) Notification to a submitter is not required if:
    (i) The Presidio Trust determines, prior to giving notice, that the 
request for the record should be denied;
    (ii) The information has previously been lawfully published or 
officially made available to the public;
    (iii) Disclosure is required by a statute (other than FOIA) or 
regulation (other than this part);
    (iv) Disclosure is clearly prohibited by a statute, as described in 
Sec. 1007.2(c)(3);
    (v) The information was not designated by the submitter as 
confidential when it was submitted, or a reasonable time thereafter, if 
the submitter was specifically afforded an opportunity to make such a 
designation; however, a submitter will be notified of a request for 
information that was not designated as confidential at the time of 
submission, or a reasonable time thereafter, if there is substantial 
reason to believe that disclosure of the information would result in 
competitive harm.
    (vi) The designation of confidentiality made by the submitter is 
obviously frivolous; or
    (vii) The information was submitted to the Presidio Trust more than 
10 years prior to the date of the request, unless the Presidio Trust 
has reason to believe that it continues to be confidential.
    (6) If a requester brings suit to compel disclosure of information, 
the submitter of the information will be promptly notified.


Sec. 1007.5  Action on initial requests.

    (a) Authority. (1) Requests shall be decided by the FOIA Officer.
    (2) A decision to withhold a requested record, to release a record 
that is exempt from disclosure, or to deny a fee waiver shall be made 
only after consultation with the General Counsel.
    (b) Form of grant. (1) When a requested record has been determined 
to be available, the FOIA Officer shall notify the requester as to when 
and where the record is available for inspection or, as the case may 
be, when and how copies will be provided. If fees are due, the FOIA 
Officer shall state the amount of fees due and the procedures for 
payment, as described in Sec. 1007.9.
    (2) The FOIA Officer shall honor a requester's specified preference 
of form or format of disclosure (e.g., paper, microform, audiovisual 
materials, or electronic records) if the record is readily available to 
the Presidio Trust in the requested form or format or if the record is 
reproducible by the Presidio Trust with reasonable efforts in the 
requested form or format.
    (3) If a requested record (or portion thereof) is being made 
available over the objections of a submitter made in accordance with 
Sec. 1007.4(c), both the requester and the submitter shall be notified 
of the decision. The notice to the submitter (a copy of which shall be 
made available to the requester) shall be forwarded a reasonable number 
of days prior to the date on which disclosure is to be made and shall 
include:
    (i) A statement of the reasons why the submitter's objections were 
not sustained;
    (ii) A specification of the portions of the record to be disclosed, 
if the submitter's objections were sustained in part; and
    (iii) A specified disclosure date.
    (4) If a claim of confidentiality has been found frivolous in 
accordance with Sec. 1007.4(c)(5)(vi) and a determination is made to 
release the information without consultation with the submitter, the 
submitter of the information shall be notified of the decision and the 
reasons therefor a reasonable number of days prior to the date on which 
disclosure is to be made.
    (c) Form of denial. (1) A decision withholding a requested record 
shall be in writing and shall include:
    (i) A listing of the names and titles or positions of each person 
responsible for the denial;
    (ii) A reference to the specific exemption or exemptions 
authorizing the withholding;
    (iii) If neither a statute nor an Executive order requires 
withholding, the sound ground for withholding;
    (iv) An estimate of the volume of records or information withheld, 
in number of pages or in some other reasonable form of estimation. This 
estimate does not need to be provided if the volume is otherwise 
indicated through deletions on records disclosed in part, or if 
providing an estimate would harm an interest protected by an applicable 
exemption; and
    (v) A statement that the denial may be appealed and a reference to 
the procedures in Sec. 1007.7 for appeal.
    (2) A decision denying a request for failure to reasonably describe 
requested records or for other procedural deficiency or because 
requested records

[[Page 50047]]

cannot be located shall be in writing and shall include:
    (i) A description of the basis of the decision;
    (ii) A list of the names and titles or positions of each person 
responsible; and
    (iii) A statement that the matter may be appealed and a reference 
to the procedures in Sec. 1007.7 for appeal.
    (d) Expedited processing. (1) Requests and appeals will be taken 
out of order and given expedited treatment whenever it is determined by 
the FOIA Officer that they involve:
    (i) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (ii) An urgency to inform the public about an actual or alleged 
federal government activity, if made by a person primarily engaged in 
disseminating information.
    (2) A request for expedited processing may be made at the time of 
the initial request for records or at any later time.
    (3) A requester who seeks expedited processing must submit a 
statement, certified to be true and correct to the best of that 
person's knowledge and belief, explaining in detail the basis for 
requesting expedited processing.
    (4) Within ten calendar days of receiving of a request for 
expedited processing, the FOIA Officer shall decide whether to grant it 
and shall notify the requester of the decision. If a request for 
expedited processing is granted, the request shall be given priority 
and shall be processed as soon as practicable. If a request for 
expedited processing is denied, any appeal of that decision shall be 
acted on expeditiously.


Sec. 1007.6  Time limits for processing initial requests.

    (a) Basic limit. Requests for records shall be processed promptly. 
A determination whether to grant or deny a request shall be made within 
20 working days after receipt of a request. This determination shall be 
communicated immediately to the requester.
    (b) Running of basic time limit. (1) The 20 working day time limit 
begins to run when a request meeting the requirements of Sec. 1007.3(b) 
is received at the Presidio Trust.
    (2) The running of the basic time limit may be delayed or tolled as 
explained in Sec. 1007.9 (f), (g) and (h) if a requester:
    (i) Has not stated a willingness to pay fees as high as are 
anticipated and has not sought and been granted a full fee waiver, or
    (ii) Has not made a required advance payment.
    (c) Extensions of time. In the following unusual circumstances, the 
time limit for acting on an initial request may be extended to the 
extent reasonably necessary to the proper processing of the request, 
but in no case may the time limit be extended by more than 20 working 
days:
    (1) The need to search for and collect the requested records from 
facilities or other establishments that are separate from the main 
office of the Presidio Trust;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records demanded in a single 
request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request.
    (d) Notice of extension. A requester shall be notified in writing 
of an extension under paragraph (c) of this section. The notice shall 
state the reason for the extension and the date on which a 
determination on the request is expected to be made.
    (e) Treatment of delay as denial. If no determination has been 
reached at the end of the 20 working day period for deciding an initial 
request, or an extension thereof under Sec. 1007.6(c), the requester 
may deem the request denied and may exercise a right of appeal in 
accordance with Sec. 1007.7.
    (f) Notice of delay. When a determination cannot be reached within 
the time limit, or extension thereof, the requester shall be notified 
of the reason for the delay, of the date on which a determination may 
be expected, and of the right to treat the delay as a denial for 
purposes of appeal, including a reference to the procedures for filing 
an appeal in Sec. 1007.7.


Sec. 1007.7  Appeals.

    (a) Right of appeal. A requester may appeal to the Executive 
Director when:
    (1) Records have been withheld,
    (2) A request has been denied for failure to describe requested 
records or for other procedural deficiency or because requested records 
cannot be located,
    (3) A fee waiver has been denied,
    (4) A request has not been decided within the time limits provided 
in Sec. 1007.6; or
    (5) A request for expedited processing under Sec. 1007.5(d) has 
been denied.
    (b) Time for appeal. An appeal must be received at the office of 
the Presidio Trust no later than 20 working days after the date of the 
initial denial, in the case of a denial of an entire request, or 20 
working days after records have been made available, in the case of a 
partial denial.
    (c) Form of appeal. (1) An appeal shall be initiated by filing a 
written notice of appeal. The notice shall be accompanied by copies of 
the original request and the initial denial and should, in order to 
expedite the appellate process and give the requester an opportunity to 
present his or her arguments, contain a brief statement of the reasons 
why the requester believes the initial denial to have been in error.
    (2) The appeal shall be addressed to the Executive Director, 
Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
    (3) To expedite processing, both the envelope containing a notice 
of appeal and the face of the notice should bear the legend ``FREEDOM 
OF INFORMATION APPEAL.''


Sec. 1007.8  Action on appeals.

    (a) Authority. Appeals shall be decided by the Executive Director 
after consultation with the FOIA Officer and the General Counsel.
    (b) Time limit. A final determination shall be made within 20 
working days after receipt of an appeal meeting the requirements of 
Sec. 1007.7(c).
    (c) Extensions of time. (1) If the time limit for responding to the 
initial request for a record was not extended under the provisions of 
Sec. 1007.6(c) or was extended for fewer than 10 working days, the time 
for processing of the appeal may be extended to the extent reasonably 
necessary to the proper processing of the appeal, but in no event may 
the extension, when taken together with any extension made during 
processing of the initial request, result in an aggregate extension 
with respect to any one request of more than 10 working days. The time 
for processing of an appeal may be extended only if one or more of the 
unusual circumstances listed in Sec. 1007.6(c) requires an extension.
    (2) The appellant shall be advised in writing of the reasons for 
the extension and the date on which a final determination on the appeal 
is expected to be dispatched.
    (3) If no determination on the appeal has been reached at the end 
of the 20 working day period, or the extension thereof, the requester 
is deemed to have exhausted his administrative remedies, giving rise to 
a right of review in the United States District Court for the Northern 
District of California, as specified in 5 U.S.C. 552(a)(4).
    (4) When no determination can be reached within the applicable time

[[Page 50048]]

limit, the appeal will nevertheless continue to be processed. On 
expiration of the time limit, the requester shall be informed of the 
reason for the delay, of the date on which a determination may be 
reached to be dispatched and of the right to seek judicial review.
    (d) Form of decision. (1) The final determination on an appeal 
shall be in writing and shall state the basis for the determination. If 
the determination is to release the requested records or portions 
thereof, the FOIA Officer shall immediately make the records available. 
If the determination upholds in whole or part the initial denial of a 
request for records, the determination shall advise the requester of 
the right to obtain judicial review in the U.S. District Court for the 
Northern District of California and shall set forth the names and 
titles or positions of each person responsible for the denial.
    (2) If a requested record (or portion thereof) is being made 
available over the objections of a submitter made in accordance with 
Sec. 1007.4(c), the submitter shall be provided notice as described in 
Sec. 1007.5(b)(3).


Sec. 1007.9  Fees.

    (a) Policy. (1) Unless waived pursuant to the provisions of 
Sec. 1007.10, fees for responding to FOIA requests shall be charged in 
accordance with the provisions of this section and the current schedule 
of charges determined by the Board and published in the compendium 
provided under Sec. 1001.7 of this chapter.
    (2) Fees shall not be charged if the total amount chargeable does 
not exceed the costs of collecting the fee. The Trust shall 
periodically determine the cost of collecting a fee and publish such 
amount in the compendium provided under Sec. 1001.7 of this chapter.
    (3) Where there is a reasonable basis to conclude that a requester 
or group of requesters acting in concert has divided a request into a 
series of requests on a single subject or related subjects to avoid 
assessment of fees, the requests may be aggregated and fees charged 
accordingly.
    (4) Fees shall be charged to recover the full costs of providing 
such services as certifying that records are true copies or sending 
records by a method other than regular mail, when the Trust elects to 
provide such services.
    (5) The following definitions shall apply to this part:
    (i) The term search includes all time spent looking for material 
that is responsive to a request, including page-by-page or line-by-line 
identification of material within documents or databases. Searches 
shall be undertaken in the most efficient and least expensive manner 
possible, consistent with the Presidio Trust's obligations under FOIA 
and other applicable laws.
    (ii) The term duplication refers to the process of making a copy of 
a record necessary to respond to a FOIA request. Such copies can take 
the form of paper copy, microform, audio-visual materials, or machine-
readable documentation (e.g., magnetic tape or disk), among others. The 
copy provided shall be in a form that is reasonably usable by 
requesters.
    (iii) A commercial use request is a request from or on behalf of a 
person who seeks information for a use or purpose that further the 
commercial, trade, or profit interests of the requester or the person 
on whose behalf the request is made. The intended use of records may be 
determined on the basis of information submitted by a requester and 
from reasonable inferences based on the identity of the requester and 
any other available information.
    (iv) An educational institution is a preschool, a public or private 
elementary or secondary school, an institution of graduate higher 
education, an institution of undergraduate higher education, an 
institution of professional education, or an institution of vocational 
education, which operates a program or programs of scholarly research.
    (v) A noncommercial scientific institution is an institution that 
is not operated for commerce, trade or profit and that is operated 
solely for the purpose of conducting scientific research the results of 
which are not intended to promote any particular product or industry.
    (vi) A representative of the news media is any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term ``news'' means information 
that is about current events or that is (or would be) of current 
interest to the public. Examples of news media entities include, but 
are not limited to, television or radio stations broadcasting to the 
public at large, and publishers of periodicals (but only in those 
instances when they can qualify as disseminators of ``news'') who make 
their products available for purchase or subscription by the general 
public. As traditional methods of news delivery evolve (e.g., 
electronic dissemination of newspapers through telecommunications 
services), such alternative media would be included in this category. 
Free-lance journalists may be considered representatives of the news 
media if they demonstrate a solid basis for expecting publication 
through a news organization, even though not actually employed by it. A 
publication contract or past record of publication, or evidence of a 
specific free-lance assignment from a news organization may indicate a 
solid basis for expecting publication.
    (b) Commercial use requests. (1) A requester seeking records for 
commercial use shall be charged fees for costs incurred in document 
search and review (even if the search and review fails to locate 
records that are not exempt from disclosure) and duplication.
    (2) A commercial use requester may not be charged fees for time 
spent resolving legal and policy issues affecting access to requested 
records.
    (c) Educational and noncommercial scientific institution requests. 
(1) A requester seeking records under the auspices of an educational 
institution in furtherance of scholarly research or a noncommercial 
scientific institution in furtherance of scientific research shall be 
charged for document duplication, except that the first 100 pages of 
paper copies (or the equivalent cost thereof if the records are in some 
other form) shall be provided without charge.
    (2) Such requesters may not be charged fees for costs incurred in:
    (i) Searching for requested records,
    (ii) Examining requested records to determine whether they are 
exempt from mandatory disclosure,
    (iii) Deleting reasonably segregable exempt matter,
    (iv) Monitoring the requester's inspection of agency records, or
    (v) Resolving legal and policy issues affecting access to requested 
records.
    (d) News media requests. (1) A representative of the news media 
shall be charged for document duplication, except that the first 100 
pages of paper copies (or the equivalent cost thereof if the records 
are in some other form) shall be provided without charge.
    (2) Representatives of the news media may not be charged fees for 
costs incurred in:
    (i) Searching for requested records,
    (ii) Examining requested records to determine whether they are 
exempt from mandatory disclosure,
    (iii) Deleting reasonably segregable exempt matter,
    (iv) Monitoring the requester's inspection of agency records, or
    (v) Resolving legal and policy issues affecting access to requested 
records.
    (e) Other requests. (1) A requester not covered by paragraphs (b), 
(c), or (d) of this section shall be charged fees for document search 
(even if the search fails to locate records that are not exempt from 
disclosure) and

[[Page 50049]]

duplication, except that the first two hours of search time and the 
first 100 pages of paper copies (or the equivalent cost thereof if the 
records are in some other form) shall be provided without charge.
    (2) Such requesters may not be charged for costs incurred in:
    (i) Examining requested records to determine whether they are 
exempt from disclosure,
    (ii) Deleting reasonably segregable exempt matter,
    (iii) Monitoring the requester's inspection of agency records, or
    (iv) Resolving legal and policy issues affecting access to 
requested records.
    (f) Requests for clarification. Where a request does not provide 
sufficient information to determine whether it is covered by paragraph 
(b), (c), (d), or (e) of this section, the requester should be asked to 
provide additional clarification. If it is necessary to seek such 
clarification, the request may be deemed to have not been received for 
purposes of the time limits established in Sec. 1007.6 until the 
clarification is received. Requests to requesters for clarification 
shall be made promptly.
    (g) Notice of anticipated fees. Where a request does not state a 
willingness to pay fees as high as anticipated by the Presidio Trust, 
and the requester has not sought and been granted a full waiver of fees 
under Sec. 1007.10, the request may be deemed to have not been received 
for purposes of the time limits established in Sec. 1007.6 until the 
requester has been notified of and agrees to pay the anticipated fee. 
Advice to requesters with respect to anticipated fees shall be provided 
promptly.
    (h) Advance payment. (1) Where it is anticipated that allowable 
fees are likely to exceed $250.00 and the requester does not have a 
history of prompt payment of FOIA fees, the requester may be required 
to make an advance payment of the entire fee before processing of his 
or her request.
    (2) Where a requester has previously failed to pay a fee within 30 
days of the date of billing, processing of any new request from that 
requester shall ordinarily be suspended until the requester pays any 
amount still owed, including applicable interest, and makes advance 
payment of allowable fees anticipated in connection with the new 
request.
    (3) Advance payment of fees may not be required except as described 
in paragraphs (h)(1) and (2) of this section.
    (4) Issuance of a notice requiring payment of overdue fees or 
advance payment shall toll the time limit in Sec. 1007.6 until receipt 
of payment.
    (i) Form of payment. Payment of fees should be made by check or 
money order payable to the Presidio Trust. Where appropriate, the 
official responsible for handling a request may require that payment by 
check be made in the form of a certified check.
    (j) Billing procedures. A bill for collection shall be prepared for 
each request that requires collection of fees.
    (k) Collection of fees. The bill for collection or an accompanying 
letter to the requester shall include a statement that interest will be 
charged in accordance with the Debt Collection Act of 1982, 31 U.S.C. 
3717, and implementing regulations, 4 CFR 102.13, if the fees are not 
paid within 30 days of the date of the bill for collection is mailed or 
hand-delivered to the requester. This requirement does not apply if the 
requester is a unit of State or local government. Other authorities of 
the Debt Collection Act of 1982 shall be used, as appropriate, to 
collect the fees.


Sec. 1007.10  Waiver of fees.

    (a) Statutory fee waiver. Documents shall be furnished without 
charge or at a charge reduced below the fees chargeable under 
Sec. 1007.9 if disclosure of the information is in the public interest 
because it:
    (1) Is likely to contribute significantly to public understanding 
of the operations or activities of the government and
    (2) Is not primarily in the commercial interest of the requester.
    (b) Elimination or reduction of fees. Ordinarily, in the 
circumstances where the criteria of subsection (a) are met, fees will 
be reduced by twenty-five percent from the fees otherwise chargeable to 
the requester. In exceptional circumstances, and with the approval of 
the Executive Director, fees may be reduced below this level or waived 
entirely.
    (c) Notice of denial. If a requested statutory fee waiver or 
reduction is denied, the requester shall be notified in writing. The 
notice shall include:
    (1) A statement of the basis on which the waiver or reduction has 
been denied.
    (2) A listing of the names and titles or positions of each person 
responsible for the denial.
    (3) A statement that the denial may be appealed to the Executive 
Director and a description of the procedures in Sec. 1007.7 for appeal.

PART 1008--REQUESTS UNDER THE PRIVACY ACT

Sec.
1008.1  Purpose and scope.
1008.2  Definitions.
1008.3  Records subject to the Privacy Act.
1008.4  Standards for maintenance of records subject to the Privacy 
Act.
1008.5  Federal Register notices describing systems of records.
1008.6  Assuring integrity of records.
1008.7  Conduct of employees.
1008.8  Government contracts.
1008.9  Disclosure of records.
1008.10  Accounting for disclosures.
1008.11  Requests for notification of existence of records: 
Submission.
1008.12  Requests for notification of existence of records: Action 
on.
1008.13  Requests for access to records.
1008.14  Requests for access to records: Submission.
1008.15  Requests for access to records: Initial decision.
1008.16  Requests for notification of existence of records and for 
access to records: Appeals.
1008.17  Requests for access to records: Special situations.
1008.18  Amendment of records.
1008.19  Petitions for amendment: Submission and form.
1008.20  Petitions for amendment: Processing and initial decision.
1008.21  Petitions for amendment: Time limits for processing.
1008.22  Petitions for amendment: Appeals.
1008.23  Petitions for amendment: Action on appeals.
1008.24  Statements of disagreement.

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note); 5 U.S.C. 552a.


Sec. 1008.1  Purpose and scope.

    This part contains the regulations of the Presidio Trust 
implementing section 3 of the Privacy Act. Sections 1008.3 through 
1008.10 describe the procedures and policies of the Presidio Trust 
concerning maintenance of records which are subject to the Privacy Act. 
Sections 1008.11 through 1008.17 describe the procedure under which 
individuals may determine whether systems of records subject to the 
Privacy Act contain records relating to them and the procedure under 
which they may seek access to existing records. Sections 1008.18 
through 1008.24 describe the procedure under which individuals may 
petition for amendment of records subject to the Privacy Act relating 
to them.


Sec. 1008.2  Definitions.

    The following terms have the following meanings as used in this 
part:
    Individual means a citizen of the United States or an alien 
lawfully admitted for permanent residence.
    Maintain means maintain, collect, use or disseminate.

[[Page 50050]]

    Privacy Act means section 3 of the Privacy Act, 5 U.S.C. 552a.
    Record means any item, collection, or grouping of information about 
an individual that is maintained by the Presidio Trust, including, but 
not limited to, education, financial transactions, medical history, and 
criminal or employment history and that contains the individual's name, 
or the identifying number, symbol, or other identifying particular 
assigned to the individual, such as a finger or voice print, or a 
photograph. Record includes:
    (1) System of records means a group of any records under the 
control of the Presidio Trust from which information is retrieved by 
the name of the individual or by some identifying number, symbol, or 
other identifying particular assigned to the individual.
    (2) Medical records means records which relate to the 
identification, prevention, cure or alleviation of any disease, illness 
or injury including psychological disorders, alcoholism and drug 
addiction.
    (3) Personnel records means records used for personnel management 
programs or processes such as staffing, employee development, 
retirement, and grievances and appeals.
    (4) Statistical records means records in a system of records 
maintained for statistical research or reporting purposes only and not 
used in whole or in part in making any determination about an 
identifiable individual.
    Routine use means a use of a record for a purpose which is 
compatible with the purpose for which it was collected.
    System notice means the notice describing a system of records 
required by 5 U.S.C. 552a(e)(4) to be published in the Federal Register 
upon establishment or revision of the system of records.
    System manager means the official designated in a system notice as 
having administrative responsibility for a system of records.
    Privacy Act Officer means the Presidio Trust official charged with 
responsibility for carrying out the functions assigned in this part.


Sec. 1008.3  Records subject to the Privacy Act.

    The Privacy Act applies to all records which the Presidio Trust 
maintains in a system of records.


Sec. 1008.4  Standards for maintenance of records subject to the 
Privacy Act.

    (a) Content of records. Records subject to the Privacy Act shall 
contain only such information about an individual as is relevant and 
necessary to accomplish a purpose of the Presidio Trust required to be 
accomplished by statute or Executive Order of the President.
    (b) Standards of accuracy. Records subject to the Privacy Act which 
are used in making any determination about any individual shall be 
maintained with such accuracy, relevance, timeliness, and completeness 
as is reasonably necessary to assure fairness to the individual in 
making the determination.
    (c) Collection of information. (1) Information which may be used in 
making determinations about an individual's rights, benefits, and 
privileges under Federal programs shall, to the greatest extent 
practicable, be collected directly from that individual.
    (2) In deciding whether collection of information from an 
individual, as opposed to a third party source, is practicable, the 
following factors, among others, may be considered:
    (i) Whether the nature of the information sought is such that it 
can only be obtained from a third party;
    (ii) Whether the cost of collecting the information from the 
individual is unreasonable when compared with the cost of collecting it 
from a third party;
    (iii) Whether there is a risk that information collected from third 
parties, if inaccurate, could result in an adverse determination to the 
individual concerned;
    (iv) Whether the information, if supplied by the individual, would 
have to be verified by a third party; or
    (v) Whether provisions can be made for verification, by the 
individual, of information collected from third parties.
    (d) Advice to individuals concerning uses of information. (1) Each 
individual who is asked to supply information about him or herself 
which will be added to a system of records shall be informed of the 
basis for requesting the information, how it may be used, and what the 
consequences, if any, are of not supplying the information.
    (2) At a minimum, the notice to the individual must state:
    (i) The authority (whether granted by statute or Executive Order of 
the President) which authorizes the solicitation of the information and 
whether disclosure of such information is mandatory or voluntary;
    (ii) The principal purpose or purposes for which the information is 
intended to be used;
    (iii) The routine uses which may be made of the information; and
    (iv) The effects on the individual, if any, of not providing all or 
any part of the requested information.
    (3)(i) When information is collected on a standard form, the notice 
to the individual shall be provided on the form, on a tear-off sheet 
attached to the form, or on a separate sheet, whichever is most 
practical.
    (ii) When information is collected by an interviewer, the 
interviewer shall provide the individual with a written notice which 
the individual may retain. If the interview is conducted by telephone, 
however, the interviewer may summarize the notice for the individual 
and need not provide a copy to the individual unless the individual 
requests a copy.
    (iii) An individual may be asked to acknowledge, in writing, that 
the notice required by this section has been provided.
    (e) Records concerning activity protected by the First Amendment. 
No record may be maintained describing how any individual exercises 
rights guaranteed by the First Amendment to the Constitution unless the 
maintenance of the record is:
    (1) Expressly authorized by statute or by the individual about whom 
the record is maintained or
    (2) Pertinent to and within the scope of an authorized law 
enforcement activity.


Sec. 1008.5  Federal Register notices describing systems of records.

    The Privacy Act requires publication of a notice in the Federal 
Register describing each system of records subject to the Privacy Act. 
Such notice will be published prior to the establishment or a revision 
of the system of records. 5 U.S.C. 552a(e)(4).


Sec. 1008.6  Assuring integrity of records.

    (a) Statutory requirement. The Privacy Act requires that records 
subject to the Privacy Act be maintained with appropriate 
administrative, technical and physical safeguards to insure the 
security and confidentiality of records and to protect against any 
anticipated threats or hazards to their security or integrity which 
could result in substantial harm, embarrassment, inconvenience, or 
unfairness to any individual on whom information is maintained, 5 
U.S.C. 552a(e)(10).
    (b) Records security. Whether maintained in physical or electronic 
form, records subject to the Privacy Act shall be maintained in a 
secure manner commensurate with the sensitivity of the information 
contained in the system of records. The Privacy Act Officer will 
periodically review these security measures to ensure their adequacy.


Sec. 1008.7  Conduct of employees.

    (a) Handling of records subject to the Privacy Act. Employees whose 
duties require handling of records subject to the Privacy Act shall, at 
all times, take care to protect the integrity, security and 
confidentiality of these records.

[[Page 50051]]

    (b) Disclosure of records. No employee of the Presidio Trust may 
disclose records subject to the Privacy Act unless disclosure is 
permitted under Sec. 1008.9 or is to the individual to whom the record 
pertains.
    (c) Alteration of records. No employee of the Presidio Trust may 
alter or destroy a record subject to the Privacy Act unless:
    (1) Such alteration or destruction is properly undertaken in the 
course of the employee's regular duties or
    (2) Such alteration or destruction is required by a decision under 
Secs. 1008.18 through 1008.23 or the decision of a court of competent 
jurisdiction.


Sec. 1008.8  Government contracts.

    (a) Required contract provisions. When a contract provides for the 
operation by or on behalf of the Presidio Trust of a system of records 
to accomplish a Presidio Trust function, the contract shall, consistent 
with the Presidio Trust's authority, cause the requirements of 5 U.S.C. 
552a and the regulations contained in this part to be applied to such 
system.
    (b) System manager. A regular employee of the Presidio Trust will 
be the manager for a system of records operated by a contractor.


Sec. 1008.9  Disclosure of records.

    (a) Prohibition of disclosure. No record contained in a system of 
records may be disclosed by any means of communication to any person, 
or to another agency, except pursuant to a written request by, or with 
the prior written consent of, the individual to whom the record 
pertains.
    (b) General exceptions. The prohibition contained in paragraph (a) 
does not apply where disclosure of the record would be:
    (1) To those officers or employees of the Presidio Trust who have a 
need for the record in the performance of their duties; or
    (2) Required by the Freedom of Information Act, 5 U.S.C. 552.
    (c) Specific exceptions. The prohibition contained in paragraph (a) 
of this section does not apply where disclosure of the record would be:
    (1) For a routine use which has been described in a system notice 
published in the Federal Register;
    (2) To the Bureau of the Census for purposes of planning or 
carrying out a census or survey or related activity pursuant to the 
provisions of Title 13, U.S. Code.
    (3) To a recipient who has provided the system manager responsible 
for the system in which the record is maintained with advance adequate 
written assurance that the record will be used solely as a statistical 
research or reporting record, and the record is to be transferred in a 
form that is not individually identifiable;
    (4) To the National Archives and Records Administration as a record 
which has sufficient historical or other value to warrant its continued 
preservation by the U.S. Government, or for evaluation by the Archivist 
of the United States or the designee of the Archivist to determine 
whether the record has such value;
    (5) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is 
authorized by law, and if the head of the agency or instrumentality has 
made a written request to the Presidio Trust specifying the particular 
portion desired and the law enforcement activity for which the record 
is sought;
    (6) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (7) To either House of Congress, or, to the extent of matter within 
its jurisdiction, any committee or subcommittee thereof, any joint 
committee of Congress or subcommittee of any such joint committee;
    (8) To the Comptroller General, or any of his authorized 
representatives, in the course of the performance of the duties of the 
General Accounting Office;
    (9) Pursuant to the order of a court of competent jurisdiction; or
    (10) To a consumer reporting agency in accordance with section 3(d) 
of the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 
3711(f)).
    (d) Reviewing records prior to disclosure. (1) Prior to any 
disclosure of a record about an individual, unless disclosure is 
required by the Freedom of Information Act, reasonable efforts shall be 
made to assure that the records are accurate, complete, timely and 
relevant for agency purposes.
    (2) When a record is disclosed in connection with a Freedom of 
Information Act request made under this part and it is appropriate and 
administratively feasible to do so, the requester shall be informed of 
any information known to the Presidio Trust indicating that the record 
may not be fully accurate, complete, or timely.


Sec. 1008.10  Accounting for disclosures.

    (a) Maintenance of an accounting. (1) Where a record is disclosed 
to any person, or to another agency, under any of the specific 
exceptions provided by Sec. 1008.9(c), an accounting shall be made.
    (2) The accounting shall record:
    (i) The date, nature, and purpose of each disclosure of a record to 
any person or to another agency and
    (ii) The name and address of the person or agency to whom the 
disclosure was made.
    (3) Accountings prepared under this section shall be maintained for 
at least five years or the life of the record, whichever is longer, 
after the disclosure for which the accounting is made.
    (b) Access to accountings. (1) Except for accountings of 
disclosures made under Sec. 1008.9(c)(5), accountings of all 
disclosures of a record shall be made available to the individual to 
whom the record relates at the individual's request.
    (2) An individual desiring access to an accounting of disclosures 
of a record pertaining to the individual shall submit a request by 
following the procedures of Sec. 1008.13.
    (c) Notification of disclosure. When a record is disclosed pursuant 
to Sec. 1008.9(c)(9) as the result of the order of a court of competent 
jurisdiction, reasonable efforts shall be made to notify the individual 
to whom the record pertains as soon as the order becomes a matter of 
public record.


Sec. 1008.11  Request for notification of existence of records: 
Submission.

    (a) Submission of requests. (1) Individuals desiring to determine 
under the Privacy Act whether a system of records contains records 
pertaining to them shall address inquiries to the Privacy Act Officer, 
Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, unless 
the system notice describing the system prescribes or permits 
submission to some other official or officials.
    (2) Individuals desiring to determine whether records pertaining to 
them are maintained in two or more systems shall make a separate 
inquiry concerning each system.
    (b) Form of request. (1) An inquiry to determine whether a system 
of records contains records pertaining to an individual shall be in 
writing.
    (2) To insure expeditious handling, the request shall be 
prominently marked, both on the envelope and on the face of the 
request, with the legend ``PRIVACY ACT INQUIRY.''
    (3) The request shall state that the individual is seeking 
information concerning records pertaining to him or herself and shall 
supply such additional identifying information, if any, as is called 
for in the system notice describing the system.

[[Page 50052]]

    (4) Individuals who have reason to believe that information 
pertaining to them may be filed under a name other than the name they 
are currently using (e.g., maiden name), shall include such information 
in the request.


Sec. 1008.12  Requests for notification of existence of records: Action 
on.

    (a) Decisions on request. (1) Individuals inquiring to determine 
whether a system of records contains records pertaining to them shall 
be promptly advised whether the system contains records pertaining to 
them unless:
    (i) The records were compiled in reasonable anticipation of a civil 
action or proceeding or
    (ii) The system of records is one which has been excepted from the 
notification provisions of the Privacy Act by rulemaking.
    (2) If the records were compiled in reasonable anticipation of a 
civil action or proceeding or the system of records is one which has 
been excepted from the notification provisions of the Privacy Act by 
rulemaking, the individuals will be promptly notified that they are not 
entitled to notification of whether the system contains records 
pertaining to them.
    (b) Authority to deny requests. A decision to deny a request for 
notification of the existence of records shall be made by the Privacy 
Act officer in consultation with the General Counsel.
    (c) Form of decision. (1) No particular form is required for a 
decision informing individuals whether a system of records contains 
records pertaining to them.
    (2) A decision declining to inform an individual whether or not a 
system of records contains records pertaining to him or her shall be in 
writing and shall:
    (i) State the basis for denial of the request.
    (ii) Advise the individual that an appeal of the declination may be 
made to the Executive Director pursuant to Sec. 1008.16 by writing to 
the Executive Director, Presidio Trust, P.O. Box 29052, San Francisco, 
CA 94129-0052.
    (iii) State that the appeal must be received by the foregoing 
official within 20 working days of the date of the decision.
    (3) If the decision declining a request for notification of the 
existence of records involves records which fall under the jurisdiction 
of another agency, the individual shall be informed in a written 
response which shall:
    (i) State the reasons for the denial.
    (ii) Include the name, position title, and address of the official 
responsible for the denial.
    (iii) Advise the individual that an appeal of the declination may 
be made only to the appropriate official of the relevant agency, and 
include that official's name, position title, and address.
    (4) Copies of decisions declining a request for notification of the 
existence of records made pursuant to paragraphs (c)(2) and (c)(3) of 
this section shall be provided to the Privacy Act Officer.


Sec. 1008.13  Requests for access to records.

    The Privacy Act permits individuals, upon request, to gain access 
to their records or to any information pertaining to them which is 
contained in a system and to review the records and have a copy made of 
all or any portion thereof in a form comprehensive to them. 5 U.S.C. 
552a(d)(1). A request for access shall be submitted in accordance with 
the procedures in this part.


Sec. 1008.14  Requests for access to records: Submission.

    (a) Submission of requests. (1) Requests for access to records 
shall be submitted to the Privacy Act Officer unless the system notice 
describing the system prescribes or permits submission to some other 
official or officials.
    (2) Individuals desiring access to records maintained in two or 
more separate systems shall submit a separate request for access to the 
records in each system.
    (b) Form of request. (1) A request for access to records subject to 
the Privacy Act shall be in writing and addressed to Privacy Act 
Officer, Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
    (2) To insure expeditious handling, the request shall be 
prominently marked, both on the envelope and on the face of the 
request, with the legend ``PRIVACY ACT REQUEST FOR ACCESS.''
    (3) Requesters shall specify whether they seek all of the records 
contained in the system which relate to them or only some portion 
thereof. If only a portion of the records which relate to the 
individual are sought, the request shall reasonably describe the 
specific record or records sought.
    (4) If the requester seeks to have copies of the requested records 
made, the request shall state the maximum amount of copying fees which 
the requester is willing to pay. A request which does not state the 
amount of fees the requester is willing to pay will be treated as a 
request to inspect the requested records. Requesters are further 
notified that under Sec. 1008.15(d) the failure to state willingness to 
pay fees as high as are anticipated by the Presidio Trust will delay 
processing of a request.
    (5) The request shall supply such identifying information, if any, 
as is called for in the system notice describing the system.
    (6) Requests failing to meet the requirements of this paragraph 
shall be returned to the requester with a written notice advising the 
requester of the deficiency in the request.


Sec. 1008.15  Requests for access to records: Initial decision.

    (a) Decisions on requests. A request made under this part for 
access to a record shall be granted promptly unless (1) the record was 
compiled in reasonable anticipation of a civil action or proceeding or
    (2) the record is contained in a system of records which has been 
excepted from the access provisions of the Privacy Act by rulemaking.
    (b) Authority to deny requests. A decision to deny a request for 
access under this part shall be made by the Privacy Act Officer in 
consultation with the General Counsel.
    (c) Form of decision. (1) No particular form is required for a 
decision granting access to a record. The decision shall, however, 
advise the individual requesting the record as to where and when the 
record is available for inspection or, as the case may be, where and 
when copies will be available. If fees are due under Sec. 1008.15(d), 
the individual requesting the record shall also be notified of the 
amount of fees due or, if the exact amount has not been determined, the 
approximate amount of fees due.
    (2) A decision denying a request for access, in whole or part, 
shall be in writing and shall:
    (i) State the basis for denial of the request.
    (ii) Contain a statement that the denial may be appealed to the 
Executive Director pursuant to Sec. 1008.16 by writing to the Executive 
Director, Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
    (iii) State that the appeal must be received by the foregoing 
official within 20 working days of the date of the decision.
    (3) If the decision denying a request for access involves records 
which fall under the jurisdiction of another agency, the individual 
shall be informed in a written response which shall:
    (i) State the reasons for the denial.
    (ii) Include the name, position title, and address of the official 
responsible for the denial.
    (iii) Advise the individual that an appeal of the declination may 
be made

[[Page 50053]]

only to the appropriate official of the relevant agency, and include 
that official's name, position title, and address.
    (4) Copies of decisions denying requests for access made pursuant 
to paragraphs (c)(2) and (c)(3) of this section will be provided to the 
Privacy Act Officer.
    (d) Fees. (1) No fees may be charged for the cost of searching for 
or reviewing a record in response to a request made under Sec. 1008.14.
    (2) Unless the Privacy Act Officer determines that reduction or 
waiver of fees is appropriate, fees for copying a record in response to 
a request made under Sec. 1008.14 shall be charged in accordance with 
the provisions of this section and the current schedule of charges 
determined by the Board and published in the compendium provided under 
Sec. 1001.8 of this chapter.
    (3) Where it is anticipated that fees chargeable in connection with 
a request will exceed the amount the person submitting the request has 
indicated a willingness to pay, the Privacy Act Officer shall notify 
the requester and shall not complete processing of the request until 
the requester has agreed, in writing, to pay fees as high as are 
anticipated.


Sec. 1008.16  Requests for notification of existence of records and for 
access to records: Appeals.

    (a) Right of appeal. Except for appeals pertaining to records under 
the jurisdiction of another agency, individuals who have been notified 
that they are not entitled to notification of whether a system of 
records contains records pertaining to them or have been denied access, 
in whole or part, to a requested record may appeal to the Executive 
Director.
    (b) Time for appeal. (1) An appeal must be received by the 
Executive Director no later than 20 working days after the date of the 
initial decision on a request.
    (2) The Executive Director may, for good cause shown, extend the 
time for submission of an appeal if a written request for additional 
time is received within 20 working days of the date of the initial 
decision on the request.
    (c) Form of appeal. (1) An appeal shall be in writing and shall 
attach copies of the initial request and the decision on the request.
    (2) The appeal shall contain a brief statement of the reasons why 
the appellant believes the decision on the initial request to have been 
in error.
    (3) The appeal shall be addressed to Executive Director, Presidio 
Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
    (d) Action on appeals. (1) Appeals from decisions on initial 
requests made pursuant to Sec. Sec. 1008.12 and 1008.14 shall be 
decided for the Presidio Trust by the Executive Director after 
consultation with the General Counsel.
    (2) The decision on an appeal shall be in writing and shall state 
the basis for the decision.


Sec. 1008.17  Requests for access to records: Special situations.

    (a) Medical records. (1) Medical records shall be disclosed to the 
individual to whom they pertain unless it is determined, in 
consultation with a medical doctor, that disclosure should be made to a 
medical doctor of the individual's choosing.
    (2) If it is determined that disclosure of medical records directly 
to the individual to whom they pertain could have an adverse effect on 
that individual, the individual may designate a medical doctor to 
receive the records and the records will be disclosed to that doctor.
    (b) Inspection in presence of third party. (1) Individuals wishing 
to inspect records pertaining to them which have been opened for their 
inspection may, during the inspection, be accompanied by a person of 
their own choosing.
    (2) When such a procedure is deemed appropriate, individuals to 
whom the records pertain may be required to furnish a written statement 
authorizing discussion of their records in the accompanying person's 
presence.


Sec. 1008.18  Amendment of records.

    The Privacy Act permits individuals to request amendment of records 
pertaining to them if they believe the records are not accurate, 
relevant, timely or complete. 5 U.S.C. 552a(d)(2). A request for 
amendment of a record shall be submitted in accordance with the 
procedures in this part.


Sec. 1008.19  Petitions for amendment: Submission and form.

    (a) Submission of petitions for amendment. (1) A request for 
amendment of a record shall be submitted to the Privacy Act Officer 
unless the system notice describing the system prescribes or permits 
submission to a different official or officials. If an individual 
wishes to request amendment of records located in more than one system, 
a separate petition must be submitted with respect to each system.
    (2) A petition for amendment of a record may be submitted only if 
the individual submitting the petition has previously requested and 
been granted access to the record and has inspected or been given a 
copy of the record.
    (b) Form of petition. (1) A petition for amendment shall be in 
writing and shall specifically identify the record for which amendment 
is sought.
    (2) The petition shall state, in detail, the reasons why the 
petitioner believes the record, or the objectionable portion thereof, 
is not accurate, relevant, timely or complete. Copies of documents or 
evidence relied upon in support of these reasons shall be submitted 
with the petition.
    (3) The petition shall state, specifically and in detail, the 
changes sought in the record. If the changes involve rewriting the 
record or portions thereof or involve adding new language to the 
record, the petition shall propose specific language to implement the 
changes.


Sec. 1008.20  Petitions for amendment: Processing and initial decision.

    (a) Decisions on petitions. In reviewing a record in response to a 
petition for amendment, the accuracy, relevance, timeliness and 
completeness of the record shall be assessed against the criteria set 
out in Sec. 1008.4.
    (b) Authority to decide. A decision on a petition for amendment 
shall be made by the Privacy Act Officer in consultation with the 
General Counsel.
    (c) Acknowledgment of receipt. Unless processing of a petition is 
completed within ten working days, the receipt of the petition for 
amendment shall be acknowledged in writing by the Privacy Act Officer.
    (d) Inadequate petitions. (1) If a petition does not meet the 
requirements of Sec. 1008.19, the petitioner shall be so advised and 
shall be told what additional information must be submitted to meet the 
requirements of Sec. 1008.19.
    (2) If the petitioner fails to submit the additional information 
within a reasonable time, the petition may be rejected. The rejection 
shall be in writing and shall meet the requirements of paragraph (e) of 
this section.
    (e) Form of decision. (1) A decision on a petition for amendment 
shall be in writing and shall state concisely the basis for the 
decision.
    (2) If the petition for amendment is rejected, in whole or part, 
the petitioner shall be informed in a written response which shall:
    (i) State concisely the basis for the decision.
    (ii) Advise the petitioner that the rejection may be appealed to 
the Executive Director, Presidio Trust, P.O. Box 29052, San Francisco, 
CA 94129-0052.

[[Page 50054]]

    (iii) State that the appeal must be received by the foregoing 
official within 20 working days of the decision.
    (3) If the petition for amendment involves records which fall under 
the jurisdiction of another agency and is rejected, in whole or part, 
the petitioner shall be informed in a written response which shall:
    (i) State concisely the basis for the decision.
    (ii) Include the name, position title, and address of the official 
responsible for the denial.
    (iii) Advise the individual that an appeal of the rejection may be 
made only to the appropriate official of the relevant agency, and 
include that official's name, position title, and address.
    (4) Copies of rejections of petitions for amendment made pursuant 
to paragraphs (e)(2) and (e)(3) of this section will be provided to the 
Privacy Act Officer.
    (f) Implementation of initial decision. If a petition for amendment 
is accepted, in whole or part, the system manager maintaining the 
record shall:
    (1) Correct the record accordingly and,
    (2) Where an accounting of disclosures has been made pursuant to 
Sec. 1008.10, advise all previous recipients of the record that the 
correction was made and the substance of the correction.


Sec. 1008.21  Petitions for amendment: Time limits for processing.

    (a) Acknowledgment of receipt. The acknowledgment of receipt of a 
petition required by Sec. 1008.20(c) shall be dispatched not later than 
ten working days after receipt of the petition by the Privacy Act 
Officer, unless a decision on the petition has been previously 
dispatched.
    (b) Decision on petition. A petition for amendment shall be 
processed promptly. A determination whether to accept or reject the 
petition for amendment shall be made within 30 working days after 
receipt of the petition by the system manager responsible for the 
system containing the challenged record.
    (c) Suspension of time limit. The 30 working day time limit for a 
decision on a petition shall be suspended if it is necessary to notify 
the petitioner, pursuant to Sec. 1008.20(d), that additional 
information in support of the petition is required. Running of the 30 
working day time limit shall resume on receipt of the additional 
information by the system manager responsible for the system containing 
the challenged record.
    (d) Extensions of time. (1) The 30 working day time limit for a 
decision on a petition may be extended if the Privacy Act Officer 
determines that an extension is necessary for one of the following 
reasons:
    (i) A decision on the petition requires analysis of voluminous 
record or records;
    (ii) Some or all of the challenged records must be collected from 
facilities other than the facility at which the Privacy Act Officer is 
located.
    (iii) Some or all of the challenged records are of concern to 
another agency of the Federal Government whose assistance and views are 
being sought in processing the request.
    (2) If the official responsible for making a decision on the 
petition determines that an extension is necessary, the official shall 
promptly inform the petitioner of the extension and the date on which a 
decision is expected to be dispatched.


Sec. 1008.22  Petitions for amendment: Appeals.

    (a) Right of appeal. Except for appeals pertaining to records under 
the jurisdiction of another agency, where a petition for amendment has 
been rejected in whole or in part, the individual submitting the 
petition may appeal the denial to the Executive Director.
    (b) Time for appeal. (1) An appeal must be received no later than 
20 working days after the date of the decision on a petition.
    (2) The Executive Director may, for good cause shown, extend the 
time for submission of an appeal if a written request for additional 
time is received within 20 working days of the date of the decision on 
a petition.
    (c) Form of appeal. (1) An appeal shall be in writing and shall 
attach copies of the initial petition and the decision on that 
petition.
    (2) The appeal shall contain a brief statement of the reasons why 
the appellant believes the decision on the petition to have been in 
error.
    (3) The appeal shall be addressed to Executive Director, Presidio 
Trust, P.O. Box 29052, San Francisco, CA 94129-0052.


Sec. 1008.23  Petitions for amendment: Action on appeals.

    (a) Authority. Appeals from decisions on initial petitions for 
amendment shall be decided by the Executive Director, in consultation 
with the General Counsel.
    (b) Time limit. (1) A final determination on any appeal shall be 
made within 30 working days after receipt of the appeal.
    (2) The 30 working day period for decision on an appeal may be 
extended, for good cause shown, by the Executive Director. If the 30 
working day period is extended, the individual submitting the appeal 
shall be notified of the extension and of the date on which a 
determination on the appeal is expected to be dispatched.
    (c) Form of decision. (1) The final determination on an appeal 
shall be in writing and shall state the basis for the determination.
    (2) If the determination upholds, in whole or part, the initial 
decision rejecting the petition for amendment, the determination shall 
also advise the individual submitting the appeal:
    (i) Of his or her right to file a concise statement of the reasons 
for disagreeing with the decision of the Presidio Trust;
    (ii) Of the procedure established by Sec. 1008.24 for the filing of 
the statement of disagreement;
    (iii) That the statement which is filed will be made available to 
anyone to whom the record is subsequently disclosed together with, at 
the discretion of the Presidio Trust, a brief statement by the Presidio 
Trust summarizing its reasons for refusing to amend the record;
    (iv) That prior recipients of the challenged record will be 
provided a copy of any statement of dispute to the extent that an 
accounting of disclosure was maintained; and
    (v) Of his or her right to seek judicial review of the Presidio 
Trust's refusal to amend the record.
    (3) If the determination reverses, in whole or in part, the initial 
decision rejecting the petition for amendment, the system manager 
responsible for the system containing the challenged record shall be 
directed to:
    (i) Amend the challenged record accordingly; and
    (ii) If an accounting of disclosures has been made, advise all 
previous recipients of the record of the amendment and its substance.


Sec. 1008.24  Statements of disagreement.

    (a) Filing of statement. If the determination of the Executive 
Director under Sec. 1008.23 rejects in whole or part, a petition for 
amendment, the individual submitting the petition may file with the 
Privacy Act Officer a concise written statement setting forth the 
reasons for disagreement with the determination of the Presidio Trust.
    (b) Disclosure of statements. In any disclosure of a record 
containing information about which an individual has filed a statement 
of disagreement under this section which occurs after the filing of the 
statement, the disputed portion of the record will be clearly noted and 
the recipient shall be

[[Page 50055]]

provided copies of the statement of disagreement. If appropriate, a 
concise statement of the reasons of the Presidio Trust for not making 
the requested amendments may also be provided to the recipient.
    (c) Maintenance of statements. System managers shall develop 
procedures to assure that statements of disagreement filed with them 
shall be maintained in such a way as to assure dissemination of the 
statements to recipients of the records to which the statements 
pertain.

PART 1009--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT

Sec.
1009.1  Purpose.
1009.2  Procedure for filing claims.
1009.3  Denial of claims.
1009.4  Payment of claims.
1009.5  Indemnification of Presidio Trust directors and employees.

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note); 28 U.S.C. 2672.


Sec. 1009.1  Purpose.

    The purpose of this part is to establish procedures for the filing 
and settlement of claims under the Federal Tort Claims Act (in part, 28 
U.S.C. secs. 2401(b), 2671-2680, as amended by Pub. L. 89-506, 80 Stat. 
306). The officers to whom authority is delegated to settle tort claims 
shall follow and be guided by the regulations issued by the Attorney 
General prescribing standards and procedures for settlement of tort 
claims (28 CFR part 14).


Sec. 1009.2  Procedure for filing claims.

    (a) The procedure for filing and the contents of claims shall be 
pursuant to 28 CFR 14.2, 14.3 and 14.4.
    (b) Claims shall be filed directly with the Presidio Trust.
    (c) Upon receipt of a claim, the time and date of receipt shall be 
recorded. The claim shall be forwarded with the investigative file 
immediately to the General Counsel for determination.


Sec. 1009.3  Denial of claims.

    Denial of a claim shall be communicated as provided by 28 CFR 14.9.


Sec. 1009.4  Payment of claims.

    (a) When an award of $2,500 or less is made, the voucher signed by 
the claimant shall be transmitted for payment to the Presidio Trust. 
When an award over $2,500 is made, transmittal for payment will be made 
as prescribed by 28 CFR 14.10.
    (b) Prior to payment, appropriate releases shall be obtained as 
provided in 28 CFR 14.10.


Sec. 1009.5  Indemnification of Presidio Trust directors and employees.

    (a) The Presidio Trust may indemnify a Presidio Trust director or 
employee who is personally named as a defendant in any civil suit in 
state or federal court or an arbitration proceeding or other proceeding 
seeking damages against a Presidio Trust director or employee 
personally, for any verdict, judgment, or other monetary award which is 
rendered against such director or employee, provided that the conduct 
giving rise to the verdict, judgment, or award was taken within the 
scope of his or her duties or employment and that such indemnification 
is in the interest of the Presidio Trust as determined by
    (1) the Board, with respect to claims against an employee; or
    (2) a majority of the Board, exclusive of the director against whom 
claims have been made, with respect to claims against a director.
    (b) The Presidio Trust may settle or compromise a personal damage 
claim against a Presidio Trust director or employee by the payment of 
available funds, at any time, provided the alleged conduct giving rise 
to the personal damage claim was taken within the scope of the duties 
or employment of the director or employee and that such settlement or 
compromise is in the interest of the Presidio Trust as determined by:
    (1) the Board, with respect to claims against an employee; or
    (2) a majority of the Board, exclusive of the director against whom 
claims have been made, with respect to claims against a director.
    (c) The Presidio Trust will not entertain a request either to agree 
to indemnify or to settle a personal damage claim before entry of an 
adverse verdict, judgment, or award, unless exceptional circumstances 
exist as determined by:
    (1) the Board, with respect to claims against an employee; or
    (2) a majority of the Board, exclusive of the director against whom 
claims have been made, with respect to claims against a director.
    (d) A Presidio Trust director or employee may request 
indemnification to satisfy a verdict, judgment, or award entered 
against the director or employee. The director or employee shall submit 
a written request, with appropriate documentation including copies of 
the verdict, judgment, award, or settlement proposal, in a timely 
manner to the General Counsel, who shall make a recommended disposition 
of the request. Where appropriate, the Presidio Trust shall seek the 
views of the Department of Justice. The General Counsel shall forward 
the request, the accompanying documentation, and the General Counsel's 
recommendation to the Board for decision. In the event that a claim is 
made against the General Counsel, the Chair shall designate a director 
or employee of the Trust to fulfill the duties otherwise assigned to 
the General Counsel under this section.
    (e) Any payment under this section either to indemnify a Presidio 
Trust director or employee or to settle a personal damage claim shall 
be contingent upon the availability of funds.

[FR Doc. 98-24752 Filed 9-17-98; 8:45 am]
BILLING CODE 4310-45-U