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                                                       Calendar No. 300
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-202
_______________________________________________________________________


 
 ADMINISTRATION OF CERTAIN PRESIDIO PROPERTIES AT MINIMAL COST TO THE 
                            FEDERAL TAXPAYER

                                _______


  January 5 (legislative day, January 3), 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 1296]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1296) to provide for the administration 
of certain Presidio properties at minimal cost to the Federal 
taxpayer, having considered the same, reports favorably thereon 
with an amendment and recommends that the Act, as amended, do 
pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. FINDINGS.

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

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

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

SEC. 3. ESTABLISHMENT OF THE PRESIDIO TRUST.

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

SEC. 4. DUTIES AND AUTHORITIES OF THE TRUST.

    (a) Overall Requirements of the Trust.--The Trust shall manage the 
leasing, maintenance, rehabilitation, repair and improvement of 
property within the Presidio under its administrative jurisdiction 
using the authorities provided in this section, which shall be 
exercised in accordance with the purposes set forth in section 1 of the 
Act entitled ``An Act to establish the Golden Gate National Recreation 
Area in the State of California, and for other purposes,'' approved 
October 27, 1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb), 
and in accordance with the general objectives of the General Management 
Plan (hereinafter referred to as the ``management plan'') approved for 
the Presidio.
    (b) The Trust may participate in the development of programs and 
activities at the properties transferred to the Trust. The Trust shall 
have the authority to negotiate and enter into such agreements, leases, 
contracts and other arrangements with any person, firm, association, 
organization, corporation or governmental entity, including, without 
limitation, entities of federal, State and local governments as are 
necessary and appropriate to finance and carry out its authorized 
activities. Any such agreement may be entered into without regard to 
section 321 of the Act of June 30, 1932 (40 U.S.C. 303b). The Trust 
shall establish procedures for lease agreements and other agreements 
for use and occupancy of Presidio facilities, including a requirement 
that in entering into such agreements the Trust shall obtain reasonable 
competition. The Trust may not dispose of or convey fee title to any 
real property transferred to it under this Act. Federal laws and 
regulations governing procurement by federal agencies shall not apply 
to the Trust except that the Trust, in consultation with the 
Administrator of Federal Procurement Policy, shall establish and 
promulgate procedures applicable to the Trust's procurement of goods 
and services including, but not limited to, the award of contracts on 
the basis of contractor qualifications, price, commercially reasonable 
buying practices, and reasonable competition.
    (c) The Trust shall develop a comprehensive program for management 
of those lands and facilities within the Presidio which are transferred 
to the administrative jurisdiction of the Trust. Such program shall be 
designed to reduce expenditures by the National Park Service and 
increase revenues to the federal government to the maximum extent 
possible. In carrying out this program, the Trust shall be treated as a 
successor in interest to the National Park Service with respect to 
compliance with the National Environmental Policy Act and other 
environmental compliance statutes. Such program shall consist of--
          (1) demolition of structures which in the opinion of the 
        Trust, cannot be cost-effectively rehabilitated, and which are 
        identified in the management plan for demolition,
          (2) evaluation for possible demolition or replacement those 
        buildings identified as categories 2 through 5 in the Presidio 
        of San Francisco Historic Landmark Direct Historic American 
        Buildings Survey Report, dated 1985,
          (3) new construction limited to replacement of existing 
        structures of similar size in existing areas of development, 
        and
          (4) examination of a full range of reasonable options for 
        carrying out routine administrative and facility management 
        programs.
The Trust shall consult with the Secretary in the preparation of this 
program.
    (d) To augment or encourage the use of non-federal funds to finance 
capital improvements on Presidio properties transferred to its 
jurisdiction, the Trust, in addition to its other authorities, shall 
have the following authorities subject to the Federal Credit Reform Act 
of 1990 (2 U.S.C. 661 et seq.):
          (1) The authority to guarantee any lender against loss of 
        principal or interest on any loan, provided that (A) the terms 
        of the guarantee are approved by the Secretary of the Treasury, 
        (B) adequate subsidy budget authority is provided in advance in 
        appropriations acts, and (C) such guarantees are structured so 
        as to minimize potential cost to the federal Government. No 
        loan guarantee under this Act shall cover more than 75 percent 
        of the unpaid balance of the loan. The Trust may collect a fee 
        sufficient to cover its costs in connection with each loan 
        guaranteed under this Act. The authority to enter into any such 
        loan guarantee agreement shall expire at the end of 15 years 
        after the date of enactment of this Act.
          (2) The authority, subject to appropriations, to make loans 
        to the occupants of property managed by the Trust for the 
        preservation, restoration, maintenance, or repair of such 
        property.
          (3) The authority to issue obligations to the Secretary of 
        the Treasury, but only if the Secretary of the Treasury agrees 
        to purchase such obligations after determining that the 
        projects to be funded from the proceeds thereof are credit 
        worthy and that a repayment schedule is established and only to 
        the extent authorized in advance in appropriations acts. The 
        Secretary of the Treasury is authorized to use as a public debt 
        transaction the proceeds from the sale of any securities issued 
        under chapter 31 of title 31, United States Code, and the 
        purposes for which securities may be issued under such chapter 
        are extended to include any purchase of such notes or 
        obligations acquired by the Secretary of the Treasury under 
        this subsection. Obligations issued under this subparagraph 
        shall be in such forms and denominations, bearing such 
        maturities, and subject to such terms and conditions, as may be 
        prescribed by the Secretary of the Treasury, and shall bear 
        interest at a rate determined by the Secretary of the Treasury, 
        taking into consideration current market yields on outstanding 
        marketable obligations of the United States of comparable 
        maturities. No funds appropriated to the Trust may be used for 
        repayment of principal or interest on, or redemption of, 
        obligations issued under this paragraph.
          (4) The aggregate amount of obligations issued under this 
        subsection which are outstanding at any one time may not exceed 
        $50,000,000.
    (e) The Trust may solicit and accept donations of funds, property, 
supplies, or services from individuals, foundations, corporations, and 
other private or public entities for the purpose of carrying out its 
duties. The Trust shall maintain a liaison with the Golden Gate 
National Park Association.
    (f) Notwithstanding section 1341 of title 31 of the United States 
Code, all proceeds received by the Trust shall be retained by the 
Trust, and such proceeds shall be available, without further 
appropriation, for the preservation, restoration, operation and 
maintenance, improvement, repair and related expenses incurred with 
respect to Presidio properties under its administrative jurisdiction. 
Upon the Request of the Trust, the Secretary of the Treasury shall 
invest excess moneys of the Trust in public debt securities with 
maturities suitable to the needs of the Trust.
    (g) The Trust may sue and be sued in its own name to the same 
extent as the federal government. Litigation arising out of the 
activities of the Trust shall be conducted by the Attorney General; 
except that the Trust may retain private attorneys to provide advice 
and counsel. The District Court for the Northern District of California 
shall have exclusive jurisdiction over any suit filed against the 
Trust.
    (h) The Trust shall enter into a Memorandum of Agreement with the 
Secretary, acting through the Chief of the United States Park Police, 
for the conduct of law enforcement activities and services within those 
portions of the Presidio transferred to the administrative jurisdiction 
of the Trust.
    (i) The Trust is authorized, in consultation with the Secretary, to 
adopt and to enforce those rules and regulations that are applicable to 
the Golden Gate National Recreation Area and that may be necessary and 
appropriate to carry out its duties and responsibilities under this 
Act. The Trust shall give notice of the adoption of such rules and 
regulations by publication in the Federal Register.
    (j) For the purpose of compliance with applicable laws and 
regulations concerning properties transferred to the Trust by the 
Secretary, the Trust shall negotiate directly with regulatory 
authorities.
    (k) Insurance.--The Trust shall require that all leaseholders and 
contractors procure proper insurance against any loss in connection 
with properties under lease or contract, or the authorized activities 
granted in such lease or contract, as is reasonable and customary.
    (l) Building Code Compliance.--The Trust shall bring all properties 
under its administrative jurisdiction into compliance with federal 
building codes and regulations appropriate to use and occupancy within 
10 years after the enactment of this Act to the extent practicable.
    (m) Leasing.--In managing and leasing the properties transferred to 
it, the Trust consider the extent to which prospective tenants 
contribute to the implementation of the General Management Plan for the 
Presidio and to the maximum generation of revenues to the federal 
government. The Trust shall give priority to the following categories 
of tenants: tenants that enhance the financial viability of the 
Presidio; tenants that maximize the amount of revenues to the federal 
government; and tenants that facilitate the cost-effective preservation 
of historic buildings through their reuse of such buildings.
    (n) Reversion.--If, at the expiration of 15 years, the Trust has 
not accomplished the goals and objectives of the plan required in 
section (5)(b) of this Act, then all property under the administrative 
jurisdiction of the Trust pursuant to section (3)(b) of this Act shall 
be transferred to the Administrator of the General Services 
Administration to be disposed of in accordance with the procedures 
outlined in the Defense Authorization Act of 1990 (104 stat. 1809), and 
any real property so transferred shall be deleted from the boundary of 
the Golden Gate National Recreation Area.

SEC. 5. LIMITATIONS ON FUNDING.

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

SEC. 6 GENERAL ACCOUNTING OFFICE STUDY.

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

                         purpose of the measure

    The purpose of the bill is to provide a cost-effective 
approach for the future management of the Presidio of San 
Francisco.

                          background and need

    The Presidio, located on the northern point of the San 
Francisco peninsula, was first established by Spanish explorer 
Juan Bautista de Anza in 1776, seven years after the arrival of 
the Spanish into what is today the San Francisco area. The 
Presidio served as a Spanish fort until Mexico's independence 
from Spain in 1816. The United States took possession in 1848, 
following the Mexican-American War. The site, the oldest 
continuously operated military post in the country, has been 
administered as an army fort following acquisition by the 
United States. Today the site occupies approximately 1,480 
acres within the City and County of San Francisco, at the 
southern end of the Golden Gate Bridge.
    The Presidio includes a wide variety of natural, cultural, 
historical, and recreational resources. The entire Presidio 
complex has been designated as a National Historic Landmark. In 
addition, the area provides important habitat for many Federal 
and State threatened, rare and endangered plants and animals. 
The Presidio also includes over 800 buildings, of which 450 are 
historically significant; Lobos Creek, the last free-flowing 
stream remaining in San Francisco; and a forest of over 400,000 
trees planted in the 1880's.
    The site includes a number of recreational resources, 
including a golf course, swimming pool, bowling alley, tennis 
court, hiking trails, and beaches. Scattered throughout the 
grounds are over 1,200 residential units and over 6.2 million 
square feet of building space, including office, warehouse and 
industrial, retail, and medical complexes. The base houses the 
former Letterman Army Medical Center, a 550-bed acute care 
facility, and the former Letterman Army Institute of Research 
(LAIR). The Presidio is also the site of the San Francisco 
National Cemetery.
    In 1972, Congress established the Golden Gate National 
Recreation Area (GGNRA). The GGNRA encompasses approximately 
73,000 acres, including waterfront areas along the San 
Francisco Bay and ocean front south to the San Francisco 
watershed lands in San Mateo County, to lands extending north 
of the Golden Gate to Tomales Bay in Marin County.
    Section 3(f) of the GGNRA enabling legislation (Public Law 
92-589) provided that when the Presidio was determined to be 
excess to the needs of the Department of Defense, jurisdiction 
over the site was to be transferred to the Secretary of the 
Interior, to be administered as part of the GGNRA.
    The Base Closure and Realignment Act of 1988 provided for 
the closure of 86 military bases, including the Presidio. Under 
the provisions of that Act, the Army was required to leave the 
Presidio no later than September, 1995. In 1990, the Department 
of Defense and the Department of the Interior entered into an 
interagency agreement to establish a framework and time line 
for the transfer of the Presidio to the National Park Service.
    In 1993, the Base Closure and Realignment Commission 
amended its report to recommend that the 6th Army headquarters 
should remain at the Presidio. The Commission also recommended 
that the Department of the Interior and the Department of 
Defense negotiate a lease favorable to both tenets. The Park 
Service supported the decision to keep the 6th Army 
headquarters at the Presidio to help defray operating costs.
    In October 1993, after 3 years of preparation, the Park 
Service completed its draft general management plan for the 
Presidio complex. Under the plan, 475 historic buildings would 
be rehabilitated, and 300 buildings would be removed. According 
to the plan, ``public and private organizations would join the 
Park Service in demonstrating technologies and practices that 
reduce environmental impacts, or produce environmental 
benefits.'' At the same time, the 6th Army would continue to 
use approximately 30 percent of the Presidio's square footage, 
including about half of the available housing.
    In 1994, the Department of Defense announced that the 6th 
Army Headquarters would be leaving the Presidio and in 
September of the same year the 1,480-acre base officially 
became part of the GGNRA.
    The Presidio General Management Plan (referred to above) 
proposed creating a public benefit corporation that would be 
responsible for leasing the buildings to tenants, similar in 
style to the Pennsylvania Avenue Development Corporation. H.R. 
1296 would establish a functionally similar ``Presidio Trust.''
    During the first session of the 103rd Congress, legislation 
was enacted (title II of Public Law 103-175), to grant the 
Secretary of the Interior authority to lease the Letterman-LAIR 
medical research complex, and for 5 years, to retain the lease 
proceeds to offset expenses associated with the management of 
the Presidio. Under provisions of the National Park Service 
Concessions Policy Act and the National Park Service General 
Authorities Act, the National Park Service has, to date, 
awarded twenty-four leases for several facilities throughout 
the Presidio.

                          legislative history

    H.R. 1296 was introduced by Representative Pelosi. The 
House passed the measure by a vote of 317 to 101. Senators 
Boxer and Feinstein introduced companion legislation, S. 594, 
on March 22, 1995. Cosponsors include Senators Campbell, 
Daschle, Jeffords, and Dole. The Senate Subcommittee on Parks, 
Historic Preservation and Recreation held a hearing on S. 594 
on June 27, 1995. A hearing was held by the full Committee on 
both H.R. 1296 and S. 594 on December 20, 1995.
    During the 103rd Congress, similar bills were introduced in 
both the House and Senate. Senators Boxer and Feinstein 
introduced S. 1639, and the Subcommittee held a hearing on May 
12, 1994. The House passed H.R. 3433 on September 22, 1994. The 
Committee reported H.R. 3433, but the Senate failed to complete 
action on the bill in the final days of the 103rd Congress.
    At the business meeting on December 6, 1995, the Committee 
on Energy and Natural Resources ordered H.R. 1296, as amended, 
favorably reported.

           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on December 21, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 1296, if 
amended as described herein.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield
Mr. Domenici
Mr. Nickels \1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams
Mr. Jeffords \1\
Mr. Burns
Mr. Johnston \1\
Mr. Bumpers
Mr. Ford \1\
Mr. Bradley \1\
Mr. Bingaman \1\
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan \1\

    \1\ Indicates voted by proxy.

                          COMMITTEE AMENDMENT

    During the consideration of H.R. 1296, the Committee 
adopted an amendment in the nature of a substitute. The 
amendment makes several substantial changes, as well as a 
number of technical, clarifying, and conforming changes.
    The amendment directs the National Park Service to complete 
any infrastructure and building improvement projects funded 
prior to enactment of this Act.
    The amendment contains a new map reference which specifies 
the area to be transferred to the administrative jurisdiction 
of the Trust. This area includes most portions of the Presidio 
occupied by the 6th Army prior to its departure, as well as 
some additional lands and structures, including the water plant 
adjacent to Baker Beach and maintenance buildings north of 
Crissy Field Avenue. The National Park Service will maintain 
administrative jurisdiction over most of the lands it managed 
prior to the departure of the 6th Army, including Baker Beach, 
Fort Point, and much of Crissy Field. The Trust is prohibited 
from transferring administrative jurisdiction for any areas 
transferred to it back to the Secretary of the Interior; 
however, this does not preclude the Trust from entering into 
arrangements with the Secretary to conduct activities and 
provide services on lands under the Trust's administrative 
jurisdiction, nor does it prevent the Trust and National Park 
Service from negotiating minor boundary adjustments along the 
boundaries of those lands assigned to the administrative 
jurisdiction of the Trust.
    The amendment directs the Secretary and the Trust to 
determine cooperatively which personal property associated with 
the real property transferred to the administrative 
jurisdiction of the Trust (such as equipment, records, 
furnishings, etc.) should be transferred to the Trust. 
Unobligated funds, leases, contracts, licenses, and other 
agreements affecting the transferred property shall also be 
transferred from the Secretary to the Trust.
    The selection criteria for appointment of members to the 
Board of Directors of the Trust ensure that the fields of city 
planning, finance, real estate development, and resource 
conservation are adequately represented. The Trust is 
authorized to hire and pay staff as necessary with a limitation 
on salaries of that amount set for federal employees classified 
at level IV of the Executive Schedule.
    The amendment exempts the Trust and all properties 
administered by the Trust from all taxes and special 
assessments by the State of California. This provision does not 
exempt the activities of tenants from applicable sales tax and 
other taxes as may be appropriate. The Trust is exempted from 
Federal procurement laws and regulations, except that the Trust 
must establish and promulgate, in consultation with the 
Administrator of Federal Procurement Policy, procedures 
applicable to its procurement of goods and services.
    The Trust is directed to reduce expenditures by the 
National Park Service and increase revenue to the Federal 
Government by developing and carrying out a comprehensive 
program for managing properties under its administration 
jurisdiction; however, neither the Trust, nor any activity 
carried out by it pursuant to the comprehensive program are 
exempt from the requirements of any laws pertaining to historic 
preservation or environmental protection.
    The amendment clarifies that the forum for litigation 
involving the Trust shall be with the District Court for the 
Northern District of California.
    The Trust is directed to enter into a Memorandum of 
Agreement with the Secretary, acting through the U.S. Park 
Police for the provision of law enforcement services and 
activities on Presidio properties under the Trust's 
administrative jurisdiction.
    The Committee recognizes that the Trust shall be insured to 
the same extent as the Secretary with respect to properties 
under its administrative jurisdiction; however, the amendment 
directs the Trust to require that lease holders and contractors 
procure the proper insurance, as is reasonable and customary.
    The amendment establishes a 15-year time frame for the 
Trust to reach self-sufficiency. Within a year after the first 
meeting of the Trust, the Trust must submit a plan which 
includes a schedule for annually decreasing federal 
appropriations to meet the 15-year goal. Until the plan is 
submitted, $25 million will be made available from the 
appropriation received by the Secretary for the operation of 
the Presidio. For each of the 14 fiscal years following 
submission of the plan, the amount set forth in the plan would 
be the authorized appropriation level and would be available 
annually until expended. From the funds authorized for the 
Trust, $3 million shall be available to the Trust for law 
enforcement activities conducted by the U.S. Park Police on 
those parts of the Presidio transferred to the administrative 
jurisdiction of the Trust. The Trust will receive assistance 
from the General Services Administration in formulating and 
submitting the annual budget.
    The amendment directs the General Accounting Office (GAO) 
to conduct two studies of the Trust's activities. Three years 
after the Trust's first Board meeting, the GAO shall conduct an 
interim study on the activities of the Trust and submit the 
results to the Committee on Energy and Natural Resources of the 
Senate and Committee on Resources of the House of 
Representatives. Seven years after the Trust's first Board 
meeting, GAO shall conduct a comprehensive study of the Trust's 
activities. The GAO is also responsible for developing an 
interim plan in consultation with the Trust to reduce and 
replace federal appropriations for NPS interpretive services, 
and law enforcement, fire, and public safety services provided 
by the Trust.
    The amendment contains a reversionary clause which provides 
that if, fifteen years after the Trust is a functional entity, 
the Trust has been unable to meet the objectives and goals of 
the plan, the properties under its administrative jurisdiction 
shall be disposed of by the General Services Administration 
using procedures outline in the Defense Authorization Act of 
1990.

                      section-by-section analysis

    Section 1 contains six findings about the Presidio. These 
findings include: statements describing the Presidio's natural, 
historical, scenic, cultural, and recreational resources; 
acknowledgment of the importance of managing those resources in 
a manner to protect the Presidio from uses which would destroy 
its resource values and scenic beauty; and a proposed public/
private management structure for the Presidio.
    Section 2 outlines the responsibilities of the Secretary of 
the Interior at the Presidio until the Presidio Trust (the 
``Trust'') is established and until administrative jurisdiction 
of certain Presidio properties is transferred from the 
Secretary to the Trust.
    Subsection (a) allows the Secretary to continue to manage 
leases for properties to be transferred to the Presidio Trust 
in existence on the date of enactment of the Act until the 
Trust is a functional entity. Additionally, the section 
provides for the continuation of any leases which may expire 
prior to establishment of the Trust. This section also permits 
NPS to retain proceeds from any lease and utilize such funds, 
without further appropriation, to assist in funding for the 
Presidio until the transfer of administrative jurisdiction of 
the leased property. The subsection waives the requirement that 
the Federal Government receive only monetary consideration for 
a lease to give the Secretary flexibility to negotiate a lease 
agreement which would allow the tenant to finance the repair or 
rehabilitation of all or part of the building it is occupying.
    Subsection (b) recognizes the expertise of NPS in providing 
interpretive services, and visitor information and education 
programs. This subsection establishes that the Secretary shall 
be responsible for these services and programs throughout the 
Presidio, both on lands managed by the Secretary and on lands 
under the administrative jurisdiction of the Trust.
    Subsection (c) provides that those lands not transferred to 
the Trust will continue to be managed by the Secretary as part 
of Golden Gate National Recreation Area. These lands consist 
primarily of lands within the Presidio which were managed by 
the Secretary prior to October 1, 1994. Funding for the 
administration of these lands has been previously estimated by 
NPS to be about $400,000 and these funds are already included 
in the operating base for Golden Gate National Recreation Area. 
This subsection also authorizes the National Park Service to 
complete infrastructure and building improvement projects that 
were funded prior to enactment of this Act.
    Subsection (d) protects NPS career employees from any 
termination action as a result of the implementation of this 
legislation. The Committee recognizes that there are a number 
of long-term career employees who could be adversely affected 
by this legislation and expects the National Park Service to 
find suitable positions for these employees within the agency. 
The Trust may elect to hire some employees currently working 
for the NPS; however, the Committee does not intend this 
provision to establish any requirement that the Trust hire NPS 
employees, nor that any NPS employee be required to work for or 
be detailed to the Trust.
    Section 3 establishes the Presidio Trust and outlines its 
duties and authorities. The Presidio Trust would be an 
independent government corporation established in accord with 
the Government Corporation Control Act.
    Subsection (b) transfers administrative jurisdiction over 
about 80 percent of the lands at the Presidio, depicted as 
``Area B'' on the map referred to in the subsection from the 
Secretary to the Trust over a period of up to one year the 
first meeting of the Trust's Board of Directors. The Trust and 
the Secretary may make jointly technical and clerical revisions 
in the boundary depicted on the map.
    All properties within Area B are to be transferred to the 
administrative jurisdiction of the Trust within one year of the 
first meeting of the Trust's Board of Directors. The Trust may 
request transfer of administrative jurisdiction over properties 
within Area B at any time after its establishment, with the 
Secretary to transfer such properties within 60 days of a 
request from the Trust. In addition to parcels identified on 
the referenced map, 60 days after the first meeting of the 
Trust's Board, the Trust and the Secretary are to determine 
jointly which records, equipment, and other personal property 
are needed for administration of those portions of the Presidio 
transferred to the Trust. Within one year of the Trust's first 
Board meeting, the Trust and the Secretary shall agree on what 
additional records, equipment, etc. shall be transferred to the 
Trust.
    With the transfer of administrative jurisdiction over any 
property, any remaining unobligated funds and revenues 
associated with operation of those portions of the Presidio 
transferred to the Trust, all leases, licenses, permits, and 
other agreements associated with the transferred property shall 
also be transferred from the Secretary to the Trust.
    This subsection also authorizes NPS to establish a visitor 
center at the main post of the Presidio, to be named for in 
honor of the former NPS Director, William Penn Mott. While the 
visitor center will be located on properties administratively 
transferred to the Trust, the Committee acknowledges that it is 
a suitable site for this facility and will enhance public 
enjoyment of all lands within the Presidio.
    The Committee recognizes there are certain buildings within 
Area B currently occupied and used by the National park Service 
which serve essential purposes for Golden Gate National 
Recreation Area and could benefit the operations of the Trust. 
These include buildings used for public safety, fire 
protection, a communications center, U.S. Park Police stables, 
maintenance facilities, a records center, museum, and other 
similar activities. It is the intent of the Committee that the 
Trust make every effort to accommodate continued National Park 
Service use and occupancy of those facilities needed for 
overall park operations of Golden Gate National Recreation 
Area.
    Subsection (c) provides for establishment of a seven member 
Board of Directors to guide the activities of the Trust. There 
is a 90-day deadline for the appointment by the President of 
the Board of Directors. The Committee continues it essential 
that the Board be established as soon as possible. The makeup 
of the Board is to include expertise in the fields of city 
planning, finance, real estate development, and resource 
conservation. Upon establishment of the Board, the Chairman of 
the Board of Directors of the Trust is directed to meet with 
the Chairmen of the Committee on Energy and Natural Resources 
of the United States Senate and the Committee on Resources of 
the United States House of Representatives. This subsection 
also describes terms to be served by Board members and directs 
that members shall serve without pay, but may be reimbursed for 
travel and other incidental expenses incurred during the 
conduct of Trust duties.
    The Board of Directors is expected to adopt guidelines 
consistent with current Federal law and regulations concerning 
ethics, conflict of interest and financial disclosure.
    Subsection (c)(6) require the Board to meet at least three 
times per year in San Francisco, with two of those meetings 
open to the public. The Trust is a government corporation 
acting on behalf of the public benefit and interest; therefore, 
the Board is encouraged, to the extent practicable, to be open 
and accessible to persons and organizations interested in the 
activities of the Trust.
    Subsection (c)(7) authorizes the Trust to hire such staff 
as are necessary. The salary of any staff member shall not 
exceed the salary payable to Federal employees classified at 
level IV of the Executive Schedule.
    Subsection (c)(8) provides that the Trust shall have all 
necessary and proper powers for the exercise of authorities 
vested in it.
    Subsection (c)(9) provides that the Trust will be exempt 
from State and local taxes. Activities of tenants are not 
exempted from applicable sales tax and other taxes as may be 
appropriate.
    Subsection (c)(10) provides that the financial records of 
the Trust shall be audited in accordance with the Government 
Corporation Control Act (31 U.S.C. 9105). This analysis, along 
with a detailed annual report, shall be submitted to the 
appropriate Congressional committees.
    Section 4 outlines the duties and authorities of the Trust. 
Subsection (4)(a) directs that the Trust carry out its 
activities in accord with Section 1 of the legislation 
establishing Golden Gate National Recreation Area, as well as 
the general objectives of the approved general management plan 
for the Presidio. The Committee notes that each of the 
authorities provided the Trust in this section is to be 
exercised in accordance with this applicable law and general 
management plan.
    Subsection (b) authorizes the Trust to enter into 
contracts, leases, cooperative agreements, or other agreements 
with any person, firm, organization, corporation or government 
entity as necessary to carry out its activities. This 
subsection waives the requirement that the Trust receive only 
monetary consideration for a lease to give the Trust the 
flexibility to negotiate a lease agreement which would allow 
the tenant to finance the repair or rehabilitation of part or 
all of the building it is occupying. This subsection also 
exempts the Trust from Federal procurement laws and 
regulations, except that the Trust, in consultation with the 
Administrator of Federal Procurement Policy, must establish and 
promulgate procedures applicable to the Trust's procurement of 
goods and services.
    Subsection (c) directs the Trust to develop a program to 
reduce costs associated with the portions of the Presidio under 
its administrative jurisdiction. Development of a comprehensive 
program is essential to ensure the success of the Presido Trust 
and the long-term preservation of the historical and other 
resources of the Presidio. The Trust is directed to carefully 
examine the retention of each building at the Presidio, using 
criteria of: (1) cost-effectiveness of rehabilitation and 
specific recommendations for building demolition in the General 
Management Plan; (2) evaluation of buildings in the Presidio of 
San Francisco Historic Landmark District Historic American 
Buildings Survey Report of 1985; (3) new construction limited 
to replacement of existing structures; and (4) examination of a 
full range of options for carrying out routine administrative 
and facility management programs. This section does not exempt 
the Trust from the provisions of any environmental or historic 
preservation law.
    Subsection (d) provides several authorities designed to 
augment or encourage the use of non-Federal funds of finance 
capital improvements. The Trust is authorized to guarantee 
loans to a potential lessee. This authority could only be 
exercised upon approval of the Treasury Department. This 
subsection authorizes the Treasury Department to purchase debt 
issued by the Trust to the extent provided in advance in 
appropriation acts. The amount of borrowed funds outstanding at 
any one time can not exceed $50 million. The authorization of 
funding under this section would be based on the Secretary of 
the Treasury's determination of the creditworthiness of 
projects.
    Subsection (e) authorizes the Trust to solicit and accept 
donations of funds, property, supplies, or services from 
individuals, foundations, corporations, and other private 
entities, consistent with applicable laws and regulations.
    Subsection (f) authorizes the Trust to retain any revenues 
from leases or other agreements concerning property under the 
administrative jurisdiction of the Trust.
    Subsection (g) provides that the Trust may be sued in its 
own name to the same extent as the Federal Government. The 
Attorney General shall conduct litigation arising out of the 
Trust's activities. Any suit filed against the Trust shall be 
under the exclusive jurisdiction of the District Court for the 
Northern District of California.
    Subsections (h) and (i) direct the Trust to enter into an 
agreement with the Secretary for the United States Park Police 
to provide law enforcement activities and services within the 
Presidio. The Trust is further authorized to adopt and enforce 
rules and regulations applicable to Golden Gate National 
Recreation area.
    Subsection (j) provides that the Trust shall work directly 
with appropriate local, State and Federal regulatory agencies. 
It is the intent of the Committee that the Trust shall comply 
as a Federal agency with the provisions of all historic 
preservation and environmental laws.
    Subsection (k) directs that the Trust shall require that 
all leaseholders and contractors procure proper insurance, as 
is reasonable and customary, against loss in connection with 
properties or authorized activities under lease or contract.
    Subsection (l) requires the Trust to bring the buildings 
under its jurisdiction into compliance with Federal building 
codes and regulations within 10 years, to the extent 
practicable.
    Subsection (m) sets forth the criteria to be used in the 
selection of tenants for the Presidio. In leasing properties, 
the Trust is directed to give priority to tenants that enhance 
the financial viability of the Presidio, tenants that maximize 
the amount of revenues to the Federal Government, and tenants 
that facilitate the cost-effective preservation of historic 
buildings.
    Subsection (n) outlines a reversionary clause for lands and 
facilities under the administrative jurisdiction of the Trust. 
In the event that the Presidio Trust fails to meet the goals 
and objectives of the plan required by section (5)(b) after 15 
years, lands and facilities under the administrative 
jurisdiction of the Trust would revert to the General Services 
Administration for disposal in accordance with procedures 
outlined in the Defense Authorization Act of 1990. Should such 
disposal occur, those areas concerned would be deleted from the 
boundary of Golden Gate National Recreation Area.
    Section 5 provides limitations on funding for the Presidio. 
Until the plan is submitted, no more than $25 million per year 
shall be available for carrying out the provisions of this Act 
and shall remain available until expended. Within one year of 
its first meeting of the Board, the Trust is required to submit 
a plan to Congress which includes a schedule of how the Trust 
intends to achieve self sufficiency over 15 years, with 
annually decreasing appropriations. After the first year, the 
Trust is authorized a level of appropriated funds as outlined 
in that plan, of which, not more than $3 million shall be 
available annually through the Trust for the U.S. Park Police 
to provide law enforcement activities and police services 
within the Presidio. The Administrator of the General Services 
Administration shall assist the Trust in the formulation and 
submission of the annual budget request for operation of those 
portions of the Presidio under the Trust's administrative 
jurisdiction.
    Section 6 directs the General Accounting Office (GAO) to 
conduct a study three years after the Trust's first meeting of 
the Board, and to report the results to the Committee of Energy 
and Natural Resources of the United States Senate and the 
Committee on Resources of the United States House of 
Representatives. The study shall include details of how the 
Trust is meeting its obligations. Seven years after the Trust's 
first meeting of the Board, GAO is directed to conduct a 
comprehensive study of the Trust's activities and submit the 
results to the Committees noted above. Additionally, GAO, in 
consultation with the Trust, shall develop an interim plan and 
schedule to reduce and replace Federal appropriations, to the 
extent practicable, for interpretive services conducted by the 
NPS, and law enforcement activities, fire, and public safety 
programs conducted by the Trust.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 22, 1995.
Hon. Frank M. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1296, a bill to provide for the administration of 
certain Presidio properties at minimal cost to the federal 
taxpayer, as ordered reported by the Senate Committee on Energy 
and Natural Resources on December 21, 1995.
    We estimate that implementing this bill would cost the 
federal government $50 million over the next five years, plus 
any subsidy costs associated with new direct loans and/or 
guarantees, depending on the level and type of credit subsidies 
provided and assuming appropriation of the necessary sums. Most 
of such spending would occur after 1998. Enacting H.R. 1296 
would affect direct spending; therefore, pay-as-you-go 
procedures would apply to the bill.
    H.R. 1296 would have no direct impact on the budgets of 
state or local governments.
    Bill purpose: H.R. 1296 would establish a wholly owned 
government corporation to be known as the Presidio Trust. Once 
operational, the trust would accept administrative jurisdiction 
of about 80 percent of the property located at the Presidio in 
San Francisco. At that time, the trust would assume 
responsibility for managing, leasing, maintaining, and 
improving this property. The remaining areas of the Presidio, 
along with any lands transferred back by the trust, would 
continue to be administered by the National Park Service (NPS) 
as part of the Golden Gate National Recreation Area (GGNRA).
    The bill would require the NPS to transfer all leases, 
contracts, and other agreements related to lands under the 
trust's jurisdiction, along with: (1) future proceeds from the 
agreements, (2) unobligated balances of previous collections, 
and (3) unobligated funds appropriated for Presidio operations. 
In addition, the bill would authorize the trust to enter into 
new leases and other agreements and to accept donations. The 
trust would be authorized to retain and use, without further 
appropriation, both donated funds and proceeds from commercial 
activities for related operation, maintenance, and capital 
expenditures.
    For the purpose of financing capital improvements to the 
transferred properties, H.R. 1296 would authorize the trust to: 
(1) borrow funds from the federal Treasury, provided that 
outstanding obligations cannot exceed $50 million at any time; 
(2) make loans to occupants of trust properties, subject to 
appropriation; and (3) guarantee loans to occupants made by 
private lenders, subject to approval of the Secretary of the 
Treasury and other conditions. All financing provided from 
these sources would be subject to appropriation of the 
necessary funds.
    Finally, H.R. 1296 would provide for future limitations on 
federal funding for operation of the Presidio. Specifically, 
the bill would authorize the appropriation of no more than $25 
million annually for the Presidio until the trust submits a 
budget plan to eliminate the need for federal appropriations 
within 15 years. For each year covered by the plan, the bill 
would authorize the appropriation of the budgeted amount.
    Estimated cost to the Federal Government: Capital Spending. 
The total cost of developing commercial space within the 
Presidio is very uncertain. Depending on the condition of each 
property and the needs of future tenants, such costs would 
include rehabilitation of historic buildings, construction of 
new facilities, and demolition of unusable structures. Based on 
the limited information available at this time, CBO estimates 
that such expenditures would require funding of between $125 
million and $175 million over the next five years, and 
additional amounts of between $225 million and $325 million 
over the following ten years. Assuming appropriation of the 
authorized amounts, we estimate that the trust would borrow $50 
million over the 1997-1999 period for high-priority projects. 
Depending on the availability of nonfederal financing, and 
assuming appropriation of the necessary amounts for the subsidy 
costs of providing credit assistance, some or all of the 
remaining capital needs could be provided through federal loans 
or guarantees. Because the bill does not establish any 
limitations on loan levels or specify other credit terms, CBO 
cannot estimate the subsidy cost to the federal government of 
projects that may be funded through such assistance.
    Operating Income and Expenses. For the next few years, 
commercial activities authorized by H.R. 1296 would be limited 
to the rental of properties that can be occupied without 
significant capital improvements. As a result, the trust would 
probably produce little or no net income over this period. Once 
projects involving more marketable buildings have been funded 
and completed, net income would gradually increase.
    Authorizations. H.R. 1296 would authorize the appropriation 
of up to $25 million annually for the Presidio, including the 
trust established by this bill. Because such appropriations 
(except for the trust) are already authorized under current 
law, and because recent appropriations for managing the 
Presidio are already at the $25 million level, this provision 
would not result in additional spending of appropriated funds. 
Trust expenses (including start-up costs of about $2 million 
for each of fiscal years 1996-1998 and ongoing administrative 
overhead of about $5 million annually beginning in 1997 or 
1998) are assumed to be included in the $25 million operating 
budget for the Presidio. The bill also provides that 
unobligated balances of previous years' appropriations for the 
Presidio would be transferred to the trust once it becomes 
operational. Presumably any such transfers would be reduced by 
any amounts that the NPS would need to operate its portion of 
the site.
    Basis of estimate: This estimate is based on information 
provided by the NPS, its consultants, and other affected 
groups, such as prospective tenants. For purposes of this 
estimate, CBO has assumed that H.R. 1296 would be enacted in 
fiscal year 1996. We assume that members of the Presidio Trust 
would be appointed during the year and that the NPS would 
transfer all lease properties to the trust sometime in 1997.
    Pay-as-you-go effects: H.R. 1296 would affect direct 
spending by authorizing the trust to collect and spend rental 
and other income from commercial activities as well as donated 
funds. CBO estimates that offsetting receipts generated from 
these sources would be minimal over the 1996-1998 period and 
would in any case be offset by additional direct spending.

------------------------------------------------------------------------
                                            1996       1997       1998  
------------------------------------------------------------------------
Change in outlays......................          0          0          0
Change in receipts.....................      (\1\)      (\1\)      (\1\)
------------------------------------------------------------------------
\1\ Not applicable.                                                     

    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and John R. Righter.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1296. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1296, as ordered reported.

                        executive communications

    The pertinent legislative reports and communications 
received by the Committee from the Office of Management and 
Budget and from the National Park Service setting forth 
Executive agency recommendation relating to H.R. 1296 are set 
forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                  Washington, DC, November 3, 1995.
Hon. Ben Nighthorse Campbell,
Chairman, Subcommittee on Parks, Historic Preservation and Recreation, 
        Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Senator Campbell: As you are aware, on June 29, 1995, 
the Senate subcommittee on Parks, Historic Preservation and 
Recreation held a hearing on S. 594, a bill to provide for the 
establishment of a Presidio Trust, which would administer 
certain Presidio properties at minimal cost to the Federal 
taxpayer. This bill is identical to H.R. 1296, which was 
introduced in the House by Congresswoman Nancy Pelosi. The 
House Resources Committee subsequently amended H.R. 1296 and 
the substitute was passed by the House on September 19, 1995. 
We have reviewed both bills and we believe each includes 
provisions that would assure the establishment of an effective 
Trust. We offer the following principles that we believe the 
final legislation should incorporate.
    1. The Presidio should remain a part of the Golden Gate 
National Recreation Area.
    2. The Presidio Trust should be established as a Federal 
entity, subject to the Government Corporation Control Act, 
within the Department of the Interior (DOI) with authority to 
lease buildings and facilities at the Presidio of San 
Francisco. The Trust should be responsible for real estate, 
property management and related activities.
    3. Within 180 days of its authorization, the Trust should 
prepare and present to DOI and Congress a financial plan, 
including timeframes for implementation, which identify 
realistic financial goals and objectives for the greatest 
degree of self-sufficiency based upon sound financial analysis.
    4. The Trust should be subject to the provisions of the 
National Park Service's (NPS) General Management Plan for the 
Presidio. The rules and regulations which control activity on 
NPS property and which are contained in Title 36 of the Code of 
Federal Regulations (C.F.R.) should be enforceable within those 
areas transferred to the Trust.
    5. The Trust and the NPS should jointly prepare a 
transition agreement to facilitate the orderly transfer of 
functions from the NPS to the Trust. The agreement should 
describe properties, jurisdiction limits, timelines, contracts, 
personnel, and operational responsibilities. Upon completion of 
the agreement, the transfer should occur within 60 days after 
notification by the Trust that it is ready to accept 
administration from the NPS. The NPS should transfer funds 
required to support Trust operations. A map should accompany 
the completed transition agreement, showing any areas of 
facilities to be administered by the Trust and by NPS.
    6. The NPS should retain responsibility and support 
facilities for all traditional park operations; i.e., public 
safety, information and education, grounds maintenance, roads 
and trails, special events, museum curatorial services and 
resource management. The NPS should be funded, either by 
appropriation or by agreement with the Trust, to carry out its 
responsibilities.
    7. The NPS should continue its leasing activities until the 
Trust is established and in position to assume responsibility. 
All leases must be at fair market value and be supported by an 
approved appraisal.
    8. The NPS should complete all infrastructure and building 
improvement projects that were funded prior to FY 1996.
    9. In case of default, those properties under 
administration of the Trust should revert to the Department of 
the Interior.
    10. The terms of the Presidio Trust's guarantee and direct 
loan authority should be clarified.
    We are encouraged by the strong bipartisan support for the 
concept of a Presidio Trust and the opportunity to demonstrate 
a way to greatly reduce Federal costs of this new park while 
preserving its rich natural and cultural history. We are 
prepared to work with you to develop language that will carry 
out the principles enumerated above. We plan to present to the 
Committee soon a detailed report on H.R. 1296, that will 
recommend specific changes to the bill as passed by the House.
            Sincerely,
                                   George T. Frampton, Jr.,
               Assistant Secretary for Fish and Wildlife and Parks.
                                ------                                

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                 Washington, DC, December 19, 1995.
Hon. Frank Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: On November 3 the Department of the 
Interior sent the Subcommittee on Parks, Historic Preservation 
and Recreation a letter outlining the principles we believe 
should guide the final Presidio legislation reported from your 
committee. We are enclosing the detailed legislative report 
promised in our previous letter, with our suggested changes to 
H.R. 1296 as passed by the House.
    We would be pleased to work with you as this legislation 
moves ahead.
    The Office of Management and Budget has advised that it has 
no objection to the preservation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                   George T. Frampton, Jr.,
               Assistant Secretary for Fish and Wildlife and Parks.
    Enclosure.

Legislative Report--Department of the Interior Substitute for Presidio 
                              Legislation

    This legislative report contains the Department of the 
Interior's recommended amendments of H.R. 1296. To formulate 
these recommendations, the National Park Service (NPS) reviewed 
both S. 594, and H.R. 1296 as passed by the House of 
Representatives on September 19, 1995, and relied upon its 
experience in accepting transfer of jurisdiction from the Army, 
as well as in managing the Presidio for the last year. There 
are provisions of both the House and Senate bills that we 
support and which should be incorporated into the final version 
of the legislation.
    These amendments amplify the principles presented to the 
Committee in the letter dated November 3, 1995 and fall into 
one of three categories: (1) recommendations that state the 
roles and responsibilities of the Trust and NPS now and into 
the future; (2) recommendations that establish an effective 
transition process for transfer of property management 
authority from NPS to the Trust; and (3) recommendations that 
ensure that the Trust has the necessary legal authorities to 
perform its mission.
    The modifications are organized in a section-by-section 
format. If we have proposed no amendments to a subsection of 
H.R. 1296, we have not commented on that subsection in this 
report. It is important to recognize that acceptance or 
rejection of a recommended modification may have impacts 
throughout the legislation. We have attempted to identify 
instances where this may be the case.
Section 1. Findings
    To clarify the responsibilities of the Trust and NPS, we 
support the findings of S. 594 which will clarify the Presidio 
should remain a part of the GGNRA.
    Strike ``is located within the boundary'' in (4) and insert 
``is a part''; insert ``as part of the Golden Gate National 
Recreation Area,'' at the beginning of (5).
    We also recommend the deletion of finding (6), which 
references an ``innovative public/private partnership.'' This 
finding is a remnant from a vastly different bill considered 
last year.
Sec. 2. Interim authority
    Subsection 2(a). To protect the resources of the Presidio 
during the transition period, the NPS must be fully authorized 
and funded to carry out its responsibilities, including but not 
limited to the leasing of buildings and facilities. We support 
the concept set forth in Section 2 of S. 594 which would allow 
the leasing of facilities at the Presidio to continue, with the 
proceeds retained to fund the cost of operating the Presidio. 
We recommend substituting the language from S. 594 into H.R. 
1296, with two amendments (1) to clarify that the Secretary's 
interim authority to retain proceeds extends not only to 
leases, but also to use and occupancy agreements, and (2) to 
ensure that any proceeds may be retained by the Secretary for 
the Presidio without further appropriation.
    Strike the subsection and insert the following: ``(a) 
Interim Authority.--The Secretary of the Interior (hereinafter 
in this Act referred to as the ``Secretary'') is authorized to 
negotiate and enter into leases, at fair market rental and 
without regard to section 321 of chapter 314 of the Act of June 
30, 1932 (40 U.S.C. 303b), for all or part of the Presidio of 
San Francisco that is under the administrative jurisdiction of 
the Secretary until such time as the property concerned is 
transferred to the administrative jurisdiction of the Presidio 
Trust as set forth in subsection 3(b)(1) of this Act. The 
proceeds from any such lease or other agreements at the 
Presidio shall be retained by the Secretary and used, without 
further appropriation, for the preservation, restoration, 
operation and maintenance, improvement, repair and related 
expenses incurred with respect to Presidio properties. For 
purposes of any such lease, the Secretary may adjust the rental 
by taking into account any amounts to be expended by the lessee 
for preservation, maintenance, restoration, improvement, repair 
and related expenses with respect to properties within the 
Presidio.''
    Subsection 2(c). We support the concept of Subsection 2(c) 
of H.R. 1296 which outlines the responsibilities of NPS after 
the transition but we recommend some additional clarification 
regarding preexisting agreements with the Defense Department 
and ongoing building improvement projects.
    At the end of the subsection add the following: ``The 
Secretary shall retain administration over those properties 
subject to preexisting agreements with the Department of 
Defense for housing, the PX and the commissary unless all 
parties agree otherwise. Upon expiration of these use and 
occupancy agreements, the properties shall be transferred to 
the administration of the Trust. Any infrastructure and 
building improvement projects that were funded prior to 
enactment shall be completed by the National Park Service.''
    Subsection 2(e). To ensure that both the Trust and NPS have 
appropriate statutory authority to act, the legislation should 
explicitly amend the Golden Gate National Recreation Area 
legislation to allow the Secretary to allow leasing of 
buildings or other facilities for any purpose consistent with 
the preservation of the historic and natural character of the 
area. We recommend the addition of a new subsection.
    Insert a new subsection 2(e) as follows: ``(e) Conforming 
Amendment.--Section 1 of the Act entitled `An Act to establish 
the Golden Gate National Recreation Area in the State of 
California, and for other purposes', approved October 27, 1972, 
is amended by inserting the following after the second 
sentence: `In addition, to the extent authorized herein, the 
Secretary may engage in the leasing of buildings or other 
facilities for any purpose consistent with the preservation of 
the historic and natural character of the area.' ''
Sec. 3. The Presidio Trust
    Subsection 3(a). We support the establishment of the 
Presidio Trust as a wholly owned government corporation and 
recommend that the language of Section 3(a) of H.R. 1296 be 
adopted with one amendment, which will clarify that the 
corporation is within the Department of the Interior. If the 
Trust is established within the Department of the Interior, 
increased budgetary, operational and organizational 
efficiencies will be achieved in addition to providing for a 
more orderly transition from the National Park Service.
    Insert the words ``within the Department of the Interior'' 
after the word ``corporation''.
    Subsection 3(b)(1). To ensure an effective transfer to 
property management from NPS to the Trust, based on our 
experience with the Army, we recommend the following transition 
process.
    Strike subsection 3(b)(1) and insert the following: ``(b) 
Transfer.--(1)(i) Within 60 days after receipt of a request 
from the Trust for any properties to be used for administrative 
purposes or for any property which has immediate lease 
potential within the area depicted as area B on the map 
entitled `Presidio Trust Number 1,' dated June 1995, the 
Secretary shall transfer such property to the administrative 
jurisdiction of the Trust. Within one year after the first 
meeting of the Board of Directors of the Trust at which a 
quorum is present, the Trust shall enter into an agreement with 
the Secretary for the transfer of administrative jurisdiction 
for any remaining properties in area B depicted on the map. 
This agreement shall detail the specific responsibilities of 
the Secretary for any areas on the map within area B. Such map 
shall be on file and available for public inspection in the 
offices of the Trust and in the offices of the National Park 
Service, Department of the Interior. The Trust and the 
Secretary may jointly make technical and clerical revisions in 
the boundary depicted on the map and may amend the agreement as 
appropriate. Should the Trust and the Secretary be unable to 
complete an agreement within the one-year period, all remaining 
properties depicted on the map within area B shall be 
transferred to the administrative jurisdiction of the Trust. 
Such areas shall remain part of the Golden Gate National 
Recreation Area.
    ``(ii) With the consent of the Secretary, the Trust may 
transfer at any time to the administrative jurisdiction of the 
Secretary and properties within the Presidio which are surplus 
to the needs of the Trust and which serve essential purposes of 
the Golden Gate National Recreation Area, and may transfer any 
authorization or functions the Trust exercises at the Presidio. 
The Trust is encouraged to transfer to the administrative 
jurisdiction of the Secretary open space areas which have a 
high public use potential.
    ``(iii) The Secretary shall retain those portions of the 
building identified as number 102 as the Secretary deems 
essential for use as a visitor center. The building shall be 
named the `William Penn Mott Visitor Center'.''
    Subsection 3(b)(2). To ensure the effective transfer of 
property management to the Trust including transfer for revenue 
associated with the properties transferred, we recommend a 
revised version of the language of S. 594 be substituted in 
this subsection of H.R. 1296.
    Strike the subsection and insert the following: ``(2) The 
Secretary shall transfer, with the transfer of administrative 
jurisdiction over any property, funds for the administrative 
support of the Trust; all leases, concessions, licenses, 
permits, and other agreements affecting such property, 
including any revenues associated with them; and any 
unobligated funds for such transferred property.''
    Subsection 3(c)(1)(B). To ensure that the Trust has the 
proper legal authority to act, and to ensure that the Trust 
will consider resource conservation in making its decisions, we 
support the board composition set forth in Subsection 3(c) of 
H.R. 1296 only if the residency requirement is made advisory 
rather than mandatory and the President is not restricted with 
unreasonable deadlines for appointment of the board.
    Strike the last two sentences of the subsection and insert 
the following: ``The President shall give consideration to 
appointing at least three individuals with extensive knowledge 
about the region in which the Presidio is located. The 
President shall make the appointments as soon as possible after 
enactment of this Act.''
    Subsection 3(c)(5). To ensure that the Trust has the proper 
legal authority to act and that there is an enforcement 
mechanism to guide conflict of interest and financial 
disclosure of the Trust Board of Directors, we propose one 
amendment.
    Strike the period at the end of the subsection and insert 
the following: ``, and the provisions of chapter 11 of title 
18, United States Code (relating to conflicts of interest), and 
the executive branch standards of conduct.''
    Subsection 3(d)(3). To ensure the executive director is 
compensated in accordance with government-wide practice, and 
that a requirement is included to appoint a Chief Financial 
Officer, we propose one amendment.
    After the words ``pay rates'' add ``except that the salary 
may not exceed that of Level IV of the Executive Schedule. The 
Trust shall also designate a Chief Financial Officer in 
accordance with the Chief Financial Officers Act of 1990, P.L. 
101-576.''
    Subsection 3(d)(4). To ensure that the Trust has the 
appropriate legal authority to act, we recommend that the 
language regarding direct loan and loan guarantees be amended 
to reflect compliance with the Federal Credit Reform Act of 
1990.
    In the first sentence after the words ``shall have'' add 
the following: ``authority to make direct loans and loan 
guarantees. Direct loans and loan guarantees may be entered 
into under the provisions of this section only to the extent 
that appropriations of budget authority that cover their costs 
(as defined in section 502(5) of the Federal Credit Reform Act 
of 1990 (2 U.S.C. 661a(5)) are made in advance, or authority is 
otherwise provided in appropriations acts. No loan guaranteed 
to any one borrower shall exceed 75 percent of the outstanding 
principal on the loan.''
    Section 3(d)(4)(A). To ensure that the Trust has the 
appropriate authority to guarantee loans, we propose one 
amendment.
    After ``(ii) adequate'' strike ``guarantee authority'' and 
insert ``subsidy budget authority''.
    Subsection 3(d)(4)(C), To ensure that the Trust will have 
appropriate financial resources to manage the Presidio, we 
support the provision of this subsection in S. 594 providing 
for borrowing authority, subject to appropriation, of 
$150,000,000.
    Strike the number ``$50,000,000'' and insert 
``$150,000,000''.
    Subsection 3(d)(4)(D). To ensure that the Trust has the 
appropriate legal authority to enter into joint powers 
agreements, this provision must be amended to authorize 
specifically the Trust to enter into such arrangements.
    Strike the language of the subsection and insert the 
following: ``(D) The Trust is an entity of the federal 
government authorized to jointly exercise any power common to 
it and any contracting local or state agency.''
    Subsection 3(d)(5). To clarify the responsibility of the 
Trust with respect to conflict of interest rules and 
regulations which apply to the solicitation and acceptance of 
donations, we recommend an amendment to the subsection:
    Insert the following language after the first section: ``No 
gift may be accepted that attaches conditions inconsistent with 
applicable laws and regulations. The Trust shall establish 
written rules setting forth criteria to be used in determining 
whether the acceptance of donations of funds, property, 
supplies, or services authorized in this paragraph would 
reflect unfavorably upon the ability of the Trust or any 
employee to carry out its responsibilities or official duties 
in a fair and objective manner, or would compromise the 
integrity or the appearance of the integrity of its program or 
any official involved in those programs.''
    Subsection 3(d)(6). To ensure that the Trust meets the 
financial requirements of the Antideficiency Act and follows 
the standard practice for Government corporations to bank 
through the Treasury, we strongly recommend striking this 
subsection and inserting a substitute.
    Strike the subsection and insert the following: ``There is 
established in the Treasury a Presidio Trust Fund, into which 
shall be deposited all receipts of the Trust. Amounts in the 
Fund shall be available to the Trust, without further 
appropriation, for the preservation, restoration, operation and 
maintenance, improvement, repair and related expenses incurred 
with respect to Presidio properties under the Trust's 
jurisdiction. Such amounts may remain available without fiscal 
year limitation until expended. Upon the request of the Trust, 
the Secretary of the Treasury shall invest such portion of the 
Fund as is not in the judgement of the Trust required to meet 
current withdrawals. Such investments shall be in public debt 
securities with maturities suitable to the needs of the Fund, 
as determined by the Trust, and bearing interest at rates 
determined by the Secretary of the Treasury, taking into 
consideration current market yields on outstanding marketable 
obligations of the United States of comparable maturities. The 
income on such investments shall be credited to and form a part 
of the Fund.''
    Subsection 3(d)(7). To ensure that the Trust has the legal 
authority to defend itself, we recommend that the Attorney 
General represent the government in litigation and that the 
forum for litigation against the Trust should be the District 
Court for the Northern District of California. This will limit 
the venue of lawsuits against the Trust so that these suits may 
not be brought in the Federal Claims Court or anywhere else in 
the country. The Trust would still have the authority to select 
the venue for its litigation.
    Strike the subsection and insert the following: ``(7) The 
Trust may sue and be sued in its own name to the same extent as 
the Federal Government. Litigation arising out of the 
activities of the Trust shall be conducted by the Attorney 
General; except that the Trust may retain private attorneys to 
provide advice and counsel.''
    Subsection 3(d)(8). To ensure that the Trust has the 
appropriate legal authority to issue and enforce rules, 
including National Park Service Rules and regulations, we 
propose two amendments.
    Strike the period at the end of the sentence and insert the 
following: ``including but not limited to rulemaking 
authority.'' and designate this subsection as Subsection 
3(d)(8)(A).
    Insert a new subsection 3(d)(8)(B) as follows: ``(B) The 
Trust is authorized, in consultation with the Secretary 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 this Act. The Trust shall 
give notice of the adoption of such rules and regulations by 
publication in the Federal Register.''
    Subsection 3(e). Understanding that the federal government 
self-insures its properties, we propose deleting the authority 
for the Trust to procure insurance.
    Strike the subsection and renumber the following 
subsections accordingly.
    Subsection 3(h). To ensure that the Presidio Trust is 
properly established as a wholly owned government corporation, 
we propose an amendment.
    Amend the title of the subsection to read ``Status of the 
Trust'' and add at the end of the subsection the following: 
``(3) Section 9101(3) of title 31 United States Code is amended 
to add the following: `(p) Presidio Trust'.''
    Subsection 3(k). In the event of a default, the property 
should revert to the administration of the Secretary of 
Interior. The Department of Defense is not in a position to 
accept management responsibility of this property. We support 
the reversion language as provided in S. 594.
    Strike the subsection and insert the following: ``(k) 
Reversion.--In the event of failure or default, all interests, 
assets, and liabilities of the Trust shall revert to the 
Secretary to be administered by the National Park Service.''
    Subsection 3(l)(1). We recommend the language of H.R. 1296 
addressing the authorization of appropriations be amended to 
ensure there is no confusion about either the source of funds 
for the Trust, which we believe should come from the funds 
appropriated for the Presidio, or the availability of 
appropriations after the plan in paragraph (2) is submitted.
    Strike the subsection and insert the following: ``(1) 
Authorization of appropriations. There are authorized to be 
appropriated not more than $25,000,000 to carry out this Act in 
each fiscal year after the enactment of this Act. Such sums 
shall remain available until expended.''
    Subsection 3(l)(2). We recommend that the language of 
Subsection 3(l)(2) of H.R. 1296 regarding decreasing annual 
appropriations and the time for self-sufficiency be amended to 
be consistent with the agreement between the Trust and the 
Secretary as recommended in subsection 3(b)(1). It is important 
that the Trust be given the flexibility to determine the most 
appropriate process and timeframe for processing toward self-
sufficiency.
    Strike the language of the subsection and insert: ``(2) 
Within 180 days after reaching an agreement with the Secretary, 
or in the case of no agreement, one year from the first meeting 
of the Board of Directors as set forth in subsection 3(b)(1), 
the Trust shall submit to Congress a business plan, including 
timeframes for implementation, which identifies realistic 
financial goals and objectives for the greatest degree of self-
sufficiency based upon sound financial analysis.''
                 MINORITY VIEWS OF SENATOR DALE BUMPERS

    I voted to report H.R. 1296 because I wanted to move the 
bill along and support the efforts of the Senators Boxer and 
Feinstein and Congresswoman Pelosi who wanted this bill 
reported before the end of the year. There are several aspects 
of this bill that are troublesome and should be fixed. For 
example, as reported from the Committee, the bill waives 
federal procurement laws and regulations for the newly formed 
Presidio Trust. This is a new provision which never appeared in 
any Presidio legislation prior to the circulation of the 
Chairman's Mark preceding the Committee's consideration of H.R. 
1296. The Trust is to be a wholly owned government corporation 
and, as such, should be held to the same standards of 
procurement as other government agencies. The Committee heard 
very little testimony on the implications of such a provision 
and should not have included it without completely 
understanding the impact of this departure from existing law 
and procedure.
    In addition, the Committee reported bill deletes a very 
important provision contained in the House passed bill which 
provided discretion to the Trust, with the consent of the 
Secretary, to transfer back to the Secretary the administrative 
jurisdiction over properties transferred to the Trust which are 
surplus to its needs and which serve essential purposes of the 
Golden Gate National Recreation Area. The language also 
encourage the Trust to transfer administrative jurisdiction 
over open space areas which have high public use potential and 
which are contiguous to other lands administered by the 
Secretary. This authority would have given the Park Service an 
opportunity to remain involved in recreational, open space and 
other activities at the Presidio on lands not needed by the 
Trust. This is a very important provision that should be 
included in any Presidio legislation.
    I am hopeful that the bill can be amended to address these 
concerns before the bill is presented to the President for his 
signature.

                                                    Dale Bumpers.  
                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 1296, as 
ordered reported.