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(continued)
Tort Claims Act [28 U.S.C. 1346(b), 2671 et seq.] and the Ethics
in Government Act [of 1978] [5 App. U.S.C.], 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. The
Board may 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. - Notwithstanding any other provisions of law, the
Trust is authorized to appoint and fix the compensation and
duties and terminate the services 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, or other
laws related to the appointment, compensation or termination of
Federal employees.
"(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 and all interest created under leases, concessions, permits
and other agreements associated with the properties 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. 104. 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) Authorities. - The Trust may participate in the development
of programs and activities at the properties transferred to the
Trust, except that 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 carry out its authorized activities. The
National Park Service or any other Federal agency is authorized to
enter into agreements, leases, contracts and other arrangements
with the Presidio Trust which are necessary and appropriate to
carry out the purposes of this title. Any such agreement may be
entered into without regard to section 321 of the Act of June 30,
1932 (40 U.S.C. 303b) [now 40 U.S.C. 1302]. The Trust may use
alternative means of dispute resolution authorized under subchapter
IV of chapter 5 of title 5, United States Code (5 U.S.C. 571 et
seq.). 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 title. Federal laws and regulations governing
procurement by Federal agencies shall not apply to the Trust, with
the exception of laws and regulations related to Federal government
contracts governing working conditions and wage rates, including
the provisions of sections 276a-276a-6 of title 40, United States
Code (Davis-Bacon Act) [now 40 U.S.C. 3141-3144, 3146, and 3147],
and any civil rights provisions otherwise applicable thereto. 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. The Trust is authorized to
use funds available to the Trust to purchase insurance and for
reasonable reception and representation expenses, including
membership dues, business cards and business related meal
expenditures.
"(c) Management Program. - 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 [of 1969] [42 U.S.C.
4321 et seq.] and other environmental compliance statutes. Such
program shall consist of -
"(1) demolition of structures which in the opinion of the
Trust, cannot be cost-effectively rehabilitated, and which are
identified in the management plan for demolition,
"(2) evaluation for possible demolition or replacement those
buildings identified as categories 2 through 5 in the Presidio of
San Francisco Historic Landmark District Historic American
Buildings Survey Report, dated 1985,
"(3) new construction limited to replacement of existing
structures of similar size in existing areas of development, and
"(4) examination of a full range of reasonable options for
carrying out routine administrative and facility management
programs.
The Trust shall consult with the Secretary in the preparation of
this program.
"(d) Financial Authorities. - (1) 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.):
"(A) The authority to guarantee any lender against loss of
principal or interest on any loan: Provided, That -
"(i) the terms of the guarantee are approved by the Secretary
of the Treasury;
"(ii) adequate subsidy budget authority is provided in
advance in appropriations Acts; and
"(iii) such guarantees are structured so as to minimize
potential cost to the Federal Government. No loan guarantee
under this title 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 title. 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 title [Nov. 12, 1996].
"(B) 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.
"(2) The Trust shall also have the authority to issue obligations
to the Secretary of the Treasury, but only if the Secretary of the
Treasury agrees to purchase such obligations 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, including a
review of the creditworthiness of the loan and establishment of a
repayment schedule, 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.
"(3) The aggregate amount of obligations issued under paragraph
(2) of this subsection which are outstanding at any one time may
not exceed $150,000,000.
"(e) Donations. - 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 is encouraged to
maintain a liaison with the Golden Gate National Park Association.
"(f) Public Agency. - The Trust shall be deemed to be a public
agency for purposes of entering into joint exercise of powers
agreements pursuant to California government code section 6500 and
related provisions of that Code.
"(g) Financial Management. - Notwithstanding section 1341 of
title 31 of the United States Code, all proceeds and other revenues
received by the Trust shall be retained by the Trust. Those
proceeds shall be available, without further appropriation, to the
Trust for the administration, preservation, restoration, operation
and maintenance, improvement, repair and related expenses incurred
with respect to Presidio properties under its administrative
jurisdiction. The Secretary of the Treasury shall invest, at the
direction of the Trust, such excess moneys that the Trust
determines are not required to meet current withdrawals. Such
investment shall be in public debt securities with maturities
suitable to the needs of the Trust and bearing interest at rates
determined by the Secretary of the Treasury taking into
consideration the current average yield on outstanding marketable
obligations of the United States of comparable maturity.
"(h) Suits. - 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.
"(i) Memorandum of Agreement. - 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.
"(j) Bylaws, Rules, and Regulations. - The Trust may adopt,
amend, repeal, and enforce bylaws, rules and regulations governing
the manner in which its business may be conducted and the powers
vested in it may be exercised, including rules and regulations for
the use and management of the property under the Trust's
jurisdiction. 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 title. The Trust shall give notice of
the adoption of such rules and regulations by publication in the
Federal Register.
"(k) Direct Negotiations. - 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.
"(l) 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.
"(m) 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 title [Nov.
12, 1996] to the extent practicable.
"(n) Leasing. - In managing and leasing the properties
transferred to it, the Trust shall consider the extent to which
prospective tenants contribute to the implementation of the general
objectives of the General Management Plan for the Presidio and to
the reduction of cost to the Federal Government. The Trust shall
give priority to the following categories of tenants: Tenants that
enhance the financial viability of the Presidio and tenants that
facilitate the cost-effective preservation of historic buildings
through their reuse of such buildings.
"(o) Reversion. - If, at the expiration of 15 years, the Trust
has not accomplished the goals and objectives of the plan required
in section 105(b) of this title, then all property under the
administrative jurisdiction of the Trust pursuant to section 103(b)
of this title 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) [probably means part A of title XXIX of div.
B of Pub. L. 101-510, Nov. 5, 1990, 104 Stat. 1808, set out as a
note under section 2687 of Title 10, Armed Forces], and any real
property so transferred shall be deleted from the boundary of the
Golden Gate National Recreation Area. In the event of such
transfer, the terms and conditions of all agreements and loans
regarding such lands and facilities entered into by the Trust shall
be binding on any successor in interest.
"(p) Exclusive Rights to Name and Insignia. - The Trust shall
have the sole and exclusive right to use the words 'Presidio Trust'
and any seal, emblem, or other insignia adopted by its Board of
Directors. Without express written authority of the Trust, no
person may use the words 'Presidio Trust', or any combination or
variation of those words alone or with other words, as the name
under which that person shall do or purport to do business, for the
purpose of trade, or by way of advertisement, or in any manner that
may falsely suggest any connection with the Trust.

"SEC. 105. 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
title in each fiscal year after the enactment of this title [Nov.
12, 1996] 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, funds 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
104(i) of this title.
"(b) Within 1 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. No further funds shall be
authorized for the Trust 15 years after the first meeting of the
Board of Directors of the Trust.
"(c) The Administrator of the General Services Administration
shall provide necessary assistance, on a reimbursable basis,
including detailees as necessary, to the Trust in the formulation
and submission of the annual budget request for the administration,
operation, and maintenance of the Presidio.

"SEC. 106. 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 title.
"(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 title,
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.

"SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING UNITS
WITHIN THE PRESIDIO.
"(a) Availability of Housing Units for Long-Term Army Lease. -
Subject to subsection (c), the Trust shall make available for
lease, to those persons designated by the Secretary of the Army and
for such length of time as requested by the Secretary of the Army,
22 housing units located within the Presidio that are under the
administrative jurisdiction of the Trust and specified in the
agreement between the Trust and the Secretary of the Army in
existence as of the date of the enactment of this section [Dec. 28,
2001].
"(b) Lease Amount. - The monthly amount charged by the Trust for
the lease of a housing unit under this section shall be equivalent
to the monthly rate of the basic allowance for housing that the
occupant of the housing unit is entitled to receive under section
403 of title 37, United States Code.
"(c) Condition on Continued Availability of Housing Units. -
Effective after the end of the four-year period beginning on the
date of the enactment of this section, the Trust shall have no
obligation to make housing units available under subsection (a)
unless, during that four-year period, the Secretary of the Treasury
purchases new obligations of at least $80,000,000 issued by the
Trust under section 104(d)(2). In the event that this condition is
not satisfied, the existing agreement referred to in subsection (a)
shall be renewed on the same terms and conditions for an additional
five years."

-End-



-CITE-
16 USC Sec. 460bb-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVI - GOLDEN GATE NATIONAL RECREATION AREA

-HEAD-
Sec. 460bb-1. Composition and boundaries

-STATUTE-
(a) Areas included and excluded
The recreation area shall comprise the lands, waters, and
submerged lands generally depicted on the map entitled: "Revised
Boundary Map, Golden Gate National Recreation Area", numbered
NRA-GG-80,003-K and dated October 1978, plus those areas depicted
on the map entitled "Point Reyes and GGNRA Amendments and dated
October 25, 1979". The authority of the Secretary to acquire lands
in the tract known as San Francisco Assessor's Block number 1592
shall be limited to an area of not more than one and nine-tenths
acres. Notwithstanding any other provision of this subchapter, the
Secretary shall not acquire the Marin County Assessor's parcels
numbered 199-181-01, 199-181-06, 199-181-08, 199-181-13, and
199-181-14, located in the Muir Beach portion of the recreation
area. For the purposes of this subchapter, the southern end of the
town of Marshall shall be considered to be the Marshall Boat Works.
The following additional lands are also hereby included within the
boundaries of the recreation area: Marin County Assessor's parcel
numbered 119-040-04, 119-040-05, 119-040-18, 166-202-03,
166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19,
166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52,
119-240-54, 166-010-12, 166-010-13, and 119-235-10. The recreation
area shall also include the lands and waters in San Mateo County
generally depicted on the map entitled "Sweeney Ridge Addition,
Golden Gate National Recreation Area", numbered NRA GG-80,000-A,
and dated May 1980. The recreation area shall also include those
lands acquired pursuant to the Golden Gate National Recreation Area
Addition Act of 1992. The recreation area shall also include the
lands generally depicted on the map entitled "Additions to Golden
Gate National Recreation Area", numbered NPS-80,076, and dated July
2000/ PWR-PLRPC.
(b) Boundary revisions; notification of Congressional committees;
publication in Federal Register
The maps referred to in this section shall be on file and
available for public inspection in the Offices of the National Park
Service, Department of the Interior, Washington, District of
Columbia. After advising the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate (hereinafter referred to as the
"committees") in writing, the Secretary may make minor revisions of
the boundaries of the recreation area when necessary by publication
of a revised drawing or other boundary description in the Federal
Register.

-SOURCE-
(Pub. L. 92-589, Sec. 2, Oct. 27, 1972, 86 Stat. 1299; Pub. L.
93-544, Dec. 26, 1974, 88 Stat. 1741; Pub. L. 95-625, title III,
Sec. 317(a), Nov. 10, 1978, 92 Stat. 3484; Pub. L. 96-199, title I,
Sec. 103(a), Mar. 5, 1980, 94 Stat. 68; Pub. L. 96-344, Sec. 4(1),
Sept. 8, 1980, 94 Stat. 1134; Pub. L. 96-607, title X, Sec.
1001(1), (2), Dec. 28, 1980, 94 Stat. 3544; Pub. L. 102-299, Sec.
2(b)(1), June 9, 1992, 106 Stat. 236; Pub. L. 103-437, Sec.
6(n)(2), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 106-350, Sec. 2,
Oct. 24, 2000, 114 Stat. 1361.)

-REFTEXT-
REFERENCES IN TEXT
The Golden Gate National Recreational Area Addition Act of 1992,
referred to in subsec. (a), is Pub. L. 102-299, June 9, 1992, 106
Stat. 236, which amended this section and enacted provisions set
out as a note below. For complete classification of this Act to the
Code, see Short Title of 1992 Amendment note below and Tables.


-MISC1-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-350 inserted at end "The
recreation area shall also include the lands generally depicted on
the map entitled 'Additions to Golden Gate National Recreation
Area', numbered NPS-80,076, and dated July 2000/ PWR-PLRPC."
1994 - Subsec. (b). Pub. L. 103-437 substituted "Committee on
Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate" for "Committees on
Interior and Insular Affairs of the United States House of
Representatives and the United States Senate".
1992 - Subsec. (a). Pub. L. 102-299, Sec. 2(b)(1), inserted at
end "The recreation area shall also include those lands acquired
pursuant to the Golden Gate National Recreation Area Addition Act
of 1992."
1980 - Subsec. (a). Pub. L. 96-607, Sec. 1001(1), included within
the recreation area the lands and waters in San Mateo County
depicted on the map entitled Sweeney Ridge Addition, Golden Gate
National Recreation Area, numbered NRA GG-80,000-A, dated May 1980.
Pub. L. 96-344 designated the southern end of the town of
Marshall as the Marshall Boat Works and specified additional lands
to be included within the boundaries of the recreation area.
Pub. L. 96-199 inserted ", plus those areas depicted on the map
entitled 'Point Reyes and GGNRA Amendments and dated October 25,
1979' " after "and dated October 1978".
Subsec. (b). Pub. L. 96-607, Sec. 1001(2), substituted "maps" for
"map".
1978 - Subsec. (a). Pub. L. 95-625 substituted as a description
of the recreation area the lands, etc., generally depicted on
Revised Boundary Map, Golden Gate National Recreation Area,
numbered NRA-GG-80,003-K and dated October 1978 for prior such
depiction on predecessor Boundary Map numbered NRA-GG-80,003-G, and
dated September 1974; limited amount of acquisition in the tract
known as San Francisco Assessor's Block number 1592; prohibited
acquisition of Marin County Assessor's parcels located in the Muir
Beach area; and deleted provisions including certain Marin and San
Francisco County properties and excluding certain Marin County
properties.
1974 - Subsec. (a). Pub. L. 93-544 substituted the Revised
Boundary Map numbered NRA-GG-80,003-G, dated September 1974, with a
list of additional properties for the Boundary Map numbered
NRA-GG-80,003A, sheets 1 through 3, dated July 1972, as the
description of the land comprising the recreation area.

-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.


-MISC2-
PHLEGER ESTATE ADDITION
Section 2(a) and (b)(2) of Pub. L. 102-299 authorized Secretary
of the Interior to acquire by donation or purchase with donated or
appropriated funds approximately 1,232 acres of land in San Mateo
County, California, known generally as the Phleger property, as
generally depicted on map entitled "1991 addition to Golden Gate
National Recreation Area (Phleger Estate)" and numbered
GGNRA 641/40062, with Federal share of acquisition of land not
to exceed 50 percent of purchase price of land, and directed
Secretary, upon acquisition of the land and after publication of
notice in the Federal Register, to revise boundary of Golden Gate
National Recreation Area to reflect inclusion of such land, and to
prepare and make available a map displaying such boundary revision
in accordance with subsection (b) of this section.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460bb-2 of this title.

-End-



-CITE-
16 USC Sec. 460bb-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVI - GOLDEN GATE NATIONAL RECREATION AREA

-HEAD-
Sec. 460bb-2. Acquisition policy

-STATUTE-
(a) Authority of Secretary; exchange of property; disposal of
certain lands; transfer from Federal agency to administrative
jurisdiction of Secretary; facilities and improvements under
permit from Secretary of the Army
Within the boundaries of the recreation area, the Secretary may
acquire lands, improvements, waters, or interests therein, by
donation, purchase, exchange or transfer. Any lands, or interests
therein, owned by the State of California or any political
subdivision thereof, may be acquired only by donation. When any
tract of land is only partly within such boundaries, the Secretary
may acquire all or any portion of the land outside of such
boundaries in order to minimize the payment of severance costs.
Land so acquired outside of the boundaries may be exchanged by the
Secretary for non-Federal lands within the boundaries. Any portion
of land acquired outside the boundaries and not utilized for
exchange shall be reported to the General Services Administration
for disposal under the Federal Property and Administrative Services
Act of 1949, as amended: Provided, That no disposal shall be for
less than fair market value. Except as hereinafter provided,
Federal property within the boundaries of the recreation area is
hereby transferred without consideration to the administrative
jurisdiction of the Secretary for the purposes of this subchapter,
subject to the continuation of such existing uses as may be agreed
upon between the Secretary and the head of the agency formerly
having jurisdiction over the property. Notwithstanding any other
provision of law, the Secretary may develop and administer for the
purposes of this subchapter structures or other improvements and
facilities on lands for which he receives a permit of use and
occupancy from the Secretary of the Army.
(b) Transfer of certain properties to administrative jurisdiction
of Secretary; military properties, reservation of use and
occupancy by Secretary of the Army; radio receiver station,
retention of jurisdiction when not superfluous
Fort Cronkhite, Fort Barry, and the westerly one-half of Fort
Baker, in Marin County, California, as depicted on the map entitled
"Golden Gate Military Properties" numbered NRAGG-20,002 and dated
January 1972, which shall be on file and available for public
inspection in the offices of the National Park Service, are hereby
transferred to the jurisdiction of the Secretary for purposes of
this subchapter, subject to continued use and occupancy by the
Secretary of the Army of those lands needed for existing air
defense missions, reserve activities and family housing, until he
determines that such requirements no longer exist. The Coast Guard
Radio Receiver Station, shall remain under the jurisdiction of the
Secretary of the Department in which the Coast Guard is operating.
When this station is determined to be excess to the needs of the
Coast Guard, it shall be transferred to the jurisdiction of the
Secretary for purposes of this subchapter.
(c) Military property; public service facilities: construction,
maintenance, and determinations of identity and location by
Secretary of the Army
The easterly one-half of Fort Baker in Marin County, California,
shall remain under the jurisdiction of the Department of the Army.
When this property is determined by the Department of Defense to be
excess to its needs, it shall be transferred to the jurisdiction of
the Secretary for purposes of this subchapter. The Secretary of the
Army shall grant to the Secretary reasonable public access through
such property to Horseshoe Bay, together with the right to
construct and maintain such public service facilities as are
necessary for the purposes of this subchapter. The precise
facilities and location thereof shall be determined between the
Secretary and the Secretary of the Army.
(d) Presidio of San Francisco; use and occupation of certain
acreage by Secretary
Upon enactment, the Secretary of the Army shall grant to the
Secretary the irrevocable use and occupancy of one hundred acres of
the Baker Beach area of the Presidio of San Francisco, as depicted
on the map referred to in subsection (b) of this section.
(e) Use and occupancy of airfield acreage by Secretary
The Secretary of the Army shall grant to the Secretary within a
reasonable time, the irrevocable use and occupancy of forty-five
acres of the Crissy Army Airfield of the Presidio, as depicted on
the map referred to in subsection (b) of this section.
(f) Transfer of remainder to administrative jurisdiction of
Secretary; use and occupancy by Coast Guard under permit from
Secretary
When all or any substantial portion of the remainder of the
Presidio is determined by the Department of Defense to be excess to
its needs, such lands shall be transferred to the jurisdiction of
the Secretary for purposes of this subchapter. The Secretary shall
grant a permit for continued use and occupancy for that portion of
said Fort Point Coast Guard Station necessary for activities of the
Coast Guard.
(g) Transfer of certain Coast Guard properties to administrative
jurisdiction of Secretary; navigational aids: maintenance and
operation by Coast Guard and plans for access to new
installations
Point Bonita, Point Diablo, Point Montara, and Lime Point shall
remain under the jurisdiction of the Secretary of the Department in
which the Coast Guard is operating. When this property is
determined to be excess to the needs of the Coast Guard, it shall
be transferred to the jurisdiction of the Secretary for purposes of
this subchapter. The Coast Guard may continue to maintain and
operate existing navigational aids: Provided, That access to such
navigational aids and the installation of necessary new
navigational aids within the recreation area shall be undertaken in
accordance with plans which are mutually acceptable to the
Secretary and the Secretary of the Department in which the Coast
Guard is operating and which are consistent with both the purposes
of this subchapter and the purpose of existing statutes dealing
with establishment, maintenance, and operation of navigational
aids.
(h) Transfer of certain property of Navy Department to
administrative jurisdiction of Secretary
That portion of Fort Miley comprising approximately one and
seven-tenths acres of land presently used and required by the
Secretary of the Navy for its inshore, underseas warfare
installations shall remain under the administrative jurisdiction of
the Department of the Navy until such time as all or any portion
thereof is determined by the Department of Defense to be excess to
its needs, at which time such excess portion shall be transferred
to the administrative jurisdiction of the Secretary for purposes of
this subchapter. That property known as the Pillar Point Military
Reservation, under the jurisdiction of the Secretary of Defense
shall be transferred to the administrative jurisdiction of the
Secretary at such time as the property, or any portion thereof,
becomes excess to the needs of the Department of Defense.
(i) New construction; limitation; notice and public hearing;
exceptions
New construction and development within the boundaries described
in section 460bb-1(a) of this title on lands under the
administrative jurisdiction of a department other than that of the
Secretary is prohibited, except that improvements on lands which
have not been transferred to his administrative jurisdiction may be
reconstructed or demolished. Any such structure which is demolished
may be replaced with an improvement of similar size, following
consultation with the Secretary or his designated representative,
who shall conduct a public hearing at a location in the general
vicinity of the area, notice of which shall be given at least one
week prior to the date thereof. The foregoing limitation on
construction and development shall not apply to expansion of those
facilities known as Letterman General Hospital or the Western
Medical Institute of Research.
(j) Owner's reservation of right of use and occupancy for
residential purposes for fixed term of years or for life;
election by owner; adjustment of compensation; termination of use
and occupancy inconsistent with statutory purposes and upon
tender of sum for unexpired right; lease of Federal lands:
restrictive covenants, offer to prior owner or leaseholder
The owner of improved residential property or of agricultural
property on the date of its acquisition by the Secretary under this
subchapter may, as a condition of such acquisition, retain for
himself and his or her heirs and assigns a right of use and
occupancy for a definite term of not more than twenty-five years,
or, in lieu thereof, for a term ending at the death of the owner or
the death of his or her spouse, whichever is later. The owner shall
elect the term to be reserved. Unless the property is wholly or
partly donated to the United States, the Secretary shall pay to the
owner the fair market value of the property on the date of
acquisition minus the fair market value on that date of the right
retained by the owner. A right retained pursuant to this section
shall be subject to termination by the Secretary upon his or her
determination that it is being exercised in a manner inconsistent
with the purposes of this subchapter, and it shall terminate by
operation of law upon the Secretary's notifying the holder of the
right of such determination and tendering to him or her an amount
equal to the fair market value of that portion of the right which
remains unexpired. Where appropriate in the discretion of the
Secretary, he or she may lease federally owned land (or any
interest therein) which has been acquired by the Secretary under
this subchapter, and which was agricultural land prior to its
acquisition. Such lease shall be subject to such restrictive
covenants as may be necessary to carry out the purposes of this
subchapter. Any land to be leased by the Secretary under this
section shall be offered first for such lease to the person who
owned such land or who was a leaseholder thereon immediately before
its acquisition by the United States.
(k) "Improved and agricultural property" defined
The term "improved property", as used in subsection (j) of this
section, means a detached, noncommercial residential dwelling, the
construction of which was begun before June 1, 1971, or, in the
case of areas added by action of the Ninety-fifth Congress, October
1, 1978, together with so much of the land on which the dwelling is
situated, the said land being in the same ownership as dwelling, as
the Secretary shall designate to be reasonably necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures accessory to the
dwelling which are situated on the land so designated. The term
"agricultural property" as used in this subchapter means lands
which are in regular use for agricultural, ranching, or dairying
purposes as of January 1, 1978, together with residential and other
structures related to the above uses of the property as such
structures exist on said date.
(l) Relocation assistance benefits and rights; waiver through
retention of right of use and occupancy; displaced person status
of owner
Whenever an owner of property elects to retain a right of use and
occupancy as provided for in this subchapter, such owner shall be
deemed to have waived any benefits or rights accruing under
sections 4623, 4624, 4625, and 4626 of title 42, and for the
purposes of those sections such owner shall not be considered a
displaced person as defined in section 4601(6) of title 42.
(m) Acquisition of land; contract authority; installment payments;
interest rate; provisions applicable to judgments against United
States
Notwithstanding any other provision of law, the Secretary shall
have the same authority with respect to contracts for the
acquisition of land and interests in land for the purposes of this
subchapter as was given the Secretary of the Treasury for other
land acquisitions by section 3171 of title 40 relating to purchase
of sites for public buildings, and the Secretary and the owner of
land to be acquired under this subchapter may agree that the
purchase price will be paid in periodic installments over a period
that does not exceed ten years, with interest on the unpaid balance
thereof at a rate which is not in excess of the current average
market yield on outstanding marketable obligations of the United
States with remaining periods to maturity comparable to the average
maturities on the installments. Judgments against the United States
for amounts in excess of the deposit in court made in condemnation
actions shall be subject to the provisions of section 1304 of title
31 and sections 2414 and 2517 of title 28.
(n) Management of State donated lands
The Secretary shall accept and shall manage in accordance with
this subchapter, any land and improvements adjacent to the
recreation area which are donated by the State of California or its
political subdivisions. The boundaries of the recreation area shall
be changed to include such donated lands.
(o) Payment deferral; scheduling; interest rate
In acquiring those lands authorized by the Ninety-fifth Congress
for the purposes of this subchapter, the Secretary may, when agreed
upon by the landowner involved, defer payment or schedule payments
over a period of ten years and pay interest on the unpaid balance
at a rate not exceeding that paid by the Treasury of the United
States for borrowing purposes.
(p) San Francisco water department property; scenic and
recreational easement
With reference to those lands known as the San Francisco water
department property shown on map numbered NRA GG-80,000-A, the
Secretary shall administer such land in accordance with the
provisions of the documents entitled "Grant of Scenic Easement",
and "Grant of Scenic and Recreational Easement", both executed on
January 15, 1969, between the city and county of San Francisco and
the United States, including such amendments to the subject
document as may be agreed to by the affected parties subsequent to
December 28, 1980. The Secretary is authorized to seek appropriate
agreements needed to establish a trail within this property and
connecting with a suitable beach unit under the jurisdiction of the
Secretary.

-SOURCE-
(Pub. L. 92-589, Sec. 3, Oct. 27, 1972, 86 Stat. 1299; Pub. L.
95-625, title III, Sec. 317(b)-(e), Nov. 10, 1978, 92 Stat. 3485;
Pub. L. 96-607, title X, Sec. 1001(3)-(5), Dec. 28, 1980, 94 Stat.
3544.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.
Upon enactment, referred to in subsec. (d), probably means the
date of enactment of this subchapter by Pub. L. 92-589, which was
Oct. 27, 1972.

-COD-
CODIFICATION
"Section 3171 of title 40 relating to purchase of sites for
public buildings" substituted in subsec. (m) for "section 34 of the
Act of May 30, 1908, relating to purchase of sites for public
buildings (35 Stat. 545)" on authority of Pub. L. 107-217, Sec.
5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which
enacted Title 40, Public Buildings, Property, and Works.
In subsec. (m), "section 1304 of title 31" substituted for "the
Act of July 27, 1956 (70 Stat. 624) [31 U.S.C. 724a]" on authority
of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the
first section of which enacted Title 31, Money and Finance.


-MISC1-
AMENDMENTS
1980 - Subsec. (g). Pub. L. 96-607, Sec. 1001(3), inserted
reference to Point Montara.
Subsec. (h). Pub. L. 96-607, Sec. 1001(4), transferred to the
jurisdiction of the Secretary the Pillar Point Military Reservation
at such time as the property, or any portion thereof, becomes
excess to the needs of the Department of Defense.
Subsec. (p). Pub. L. 96-607, Sec. 1001(5), added subsec. (p).
1978 - Subsec. (i). Pub. L. 95-625, Sec. 317(b), in revising the
text, substituted provision prohibiting new construction and
development in the recreation area on lands under the
administrative jurisdiction of a department other than that of the
Secretary but authorized reconstruction or demolition of
improvements upon the nontransferred lands of such agency after
consultations with the Secretary and upon notice and hearing for
prior provision limited to new construction and development on
property under administrative jurisdiction of the Department of the
Army required to accommodate facilities being relocated from
property being transferred to administrative jurisdiction of the
Secretary or directly related to the essential missions of the
Sixth United States Army.
Subsec. (j). Pub. L. 95-625, Sec. 317(c), substituted provision
making the subsection applicable to improved residential property
and agricultural property for prior provision for application to
improved property of a noncommercial residential nature and
authorized lease of Federally-owned lands, subject to restrictive
covenants, with first offer to prior owner or leaseholder.
Subsec. (k). Pub. L. 95-625, Sec. 317(d), defined "improved
property" to include residential dwelling, the construction of
which was begun, in the case of areas added by action of the
Ninety-fifth Congress, October 1, 1978, and included definition of
"agricultural property".
Subsecs. (n), (o). Pub. L. 95-625, Sec. 317(e), added subsecs.
(n) and (o).


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see (continued)