H.R. 16444 (92nd): An Act to establish the Golden Gate National Urban Recreation Area in San Francisco and Marin Counties, ...

...Calif

92nd Congress, 1971–1972. Text as of Oct 27, 1972 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

86 STAT. ]      PUBLIC LAW 92-589-OCT. 27, 1972                                          1299

Public Law 92-589
                                 AN ACT                                      October 2 7, 1972
 To establish the Golden Gate National Recreation Area in the State of        [H. R. 16444]
                   California, and for other purposes.

 Be it enacted hy the Senate and House of Representatives of the
                                                                              Golden Gate
United States of America in Congress assembled^                             National Recrea*
                                                                            tion Area, Calif.
                            ESTABLISHMENT

  SECTION 1. In order to preserve for public use and enjoyment certain
areas of Marin and San Francisco Counties, California, possessing
outstanding natural, historic, scenic, and recreational values, and in
order to provide for the maintenance of needed recreational open
space necessary to urban environment and planning, the Grolden Gate
National Recreation Area (hereinafter referred to as the "recreation
area") is hereby established. In the management of the recreation
area, the Secretary of the Interior (hereinafter referred to as the
"Secretary") shall utilize the resources in a maimer which will provide
for recreation and educational opportunities consistent with sound
principles of land use planning and management. In carrying out the
provisions of this Act, the Secretary shall preserve the recreation area,
as far as possible, in its natural setting, and protect it from develop-
ment and uses which would destroy the scenic beauty and natural
character of the area.
                     COMPOSITION A N D BOUNDARIES

  SEC. 2. (a) The recreation area shall comprise the lands, waters,
and submerged lands generally depicted on the map entitled
"Boundary Map, Golden Gate National Recreation Area", numbered
NRA-GG-80,003A, sheets 1 through 3, and dated July, 1972.
   (b) The map 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 Committees on Interior and Insular Affairs of the United o£°ro^ngre8*sionai'
States House of Representatives and the United States Senate (here- committees.
inafter referred to as the "committees") in writing, the Secretary may Publication in
make minor revisions of the boundaries of the recreation area when ^'^^'^^ Register.
necessary by publication of a revised drawing or other boundary
description in the Federal Register.
                          ACQUISITION POI/ICT

  SEC. 3. (a) Within the boundaries of the recreation area, the Secre-
tary 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 A(toiinistration for disposal under the Federal
Property and Administrative Services Act of 1949 (63 Stat. 377),
as amended: Provided^ That no disposal shall be for less than fair           •Ante, p. 503.
                                                                             40 u s e 471
market value. Except as hereinafter provided. Federal property within       note.

1300 PUBLIC LAW 92-589-OCT. 27, 1972 [86 STAT. the boundaries of the recreation area is hereby transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this Act, subject to the continuation of such existing uses as may be agreed upon between the Secretary and the head of Facilities and the ageucy formerly having jurisdiction over the property. Notwith- improvements. standing auv othcr provision of law, the Secretary may develop and administer for the purposes of this Act structures or other improve- ments and facilities on lands for which he receives a permit of use and occupancy from the Secretary of the Army. Forts cronkhite, (b) Fort Croukhlte, Fort Barry, and the westerly one-half of F o i t Sansf'er o1 S^u-"^' Bakcr, iu Marin County, California, as depicted on the map entitled diction. "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 P a r k Service, are hereby trans- ferred to the jurisdiction of the Secretary for purposes of this Act, subject to continued use and occupancy by the Secretary of the Army of those lands needed for existing air defense missions, reserve activi- ties 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 juris- diction of the Secretary for purposes of this Act. Horseshoe Bay, (Q) Thc easterly one-half of Fort Baker in Marin County, Cali- Baker? "^'^ ""^ fomia, 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 juris- diction of the Secretary for purposes of this Act. 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 Act. The precise facilities and location thereof shall be determined between the Secretary and the Secretary of the Army. rig^^^'o/occupancy. (^) Upou euactmeut, 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). Ai^fie^Y ^™r ^^^ Secretary of the Army shall grant to the Secretary within occupancy.^ ° 3, rcasouable 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 ) . Giilrd s^a^"' ^°^^* ^^) ^ ^ ^ ^ ^11 01" ^^y substantial portion of the remainder of the cont'inued-u°s"' Prcsidio is determined by the Department of Defense to be excess to permit. its needs, such lands shall be transferred to the jurisdiction of the Secretary for purposes of this Act. 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. Po^int"Diab"o'^and (s) Polnt Boulta, Polut Diablo, and Lime Point shall remain Lime Point, trans- uuder the jurisdiction of the Secretary of the Department in which fer of jurisdiction, ^hc 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 aids^aTJtt" iurisdiction of the Secretary for purposes of this Act. The Coast Guard may continue to maintain and operate existing navigational aids: Provided, That access to such navigational aids and the mstalla- tion 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 \»7vr with both the purposes of this Act and the purpose of existing
86 STAT. ] PUBLIC LAW 92-589-OCT. 27, 1972 1301 statutes dealing with establishment, maintenance, and operation of navigational aids. (h) That portion of Fort Miley comprising approximately one and Fort Miley, transfer of juris- seven-tenths acres of land presently used and required by the Secre- diction. tary 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 juris- diction of the Secretary for purposes of this Act. (i) New construction and development within the recreation area New construc- tion, limitation. on property remaining under the administrative jurisdiction of the Department of the Army and not subject to the provisions of subsec- tion (d) or (e) hereof shall be limited to that which is required to accommodate facilities being relocated from property being trans- ferred under this Act to the administrative jurisdiction of the Secre- tary or which is directly related to the essential missions of the Sixth United States A r m y : Provided^ however^ That any construction on presently undeveloped open space mav be undertaken only after prior consultation with the Secretary. The foregoing limitation on construc- Exceptions. tion and development shall not apply to expansion of those facilities known as Letterman General Hospital or the Western Medical Insti- tute of Research. (j) The owner of improved property on the date of its acquisition Property owners, retention r i g h t s . by the Secretary under this Act may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occu- pancy of the improved property for noncommercial residential pur- poses 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 spouse, whichever is later. The owner shall elect the term to be reserved. Unless the property is wholly or partially donated to the United States, the Secretary shall pay to the owner the fair market value of the propertv 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 Secre- tary upon his determination that it is being exercised in a manner inconsistent with the purpose of this Act, 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 an amount equal to the fair market value of that portion of the right which remains unexpired. "Improved (k) The term "improved property", as used in subsection (j), means property." a detached, noncommercial residential dwelling, the construction of which was begun before June 1, 1971, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the 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 accessorv to the dwelling which are situated on the land so designated. (1) Whenever an owner of property elects to retain a right of use and occupancy as provided for in the Act, such owner shall be deemed to liave Avaived any benefits or rights accruing under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property Acouisition Policies Act of 1970 (84 Stat. 1894), and for the purposes 42 u s e 4623- of those sections such owner shall not be considered a displaced person 4626. as defined in section 101 (6) of that Act. 42 u s e 4 6 0 1 . (m) Notwithstanding any other provision of law, the Secretary Contract author- ity. sliall have the same authority with respect to contracts for the acquisi- tion of land and interests in land for the j^urposes of this Act as was
1302 PUBLIC LAW 92-589-OCT. 27, 1972 [86 STAT. given the Secretary of the Treasury for other land acquisitions by sec- tion 34 of ^he Act of May 30, 1908, relating to purchase of sites for 40 u s e 261. public buildings (35 Stat. 545), and the Secretary and the owner of Installment pay- ments; interest land to be acquired under this Act may agree that the purchase price rate. 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 70 Stat. 694; provisions of the Act of J u l y 27,1956 (70 Stat. 624) and sections 2414 84 Stat. 782. 31 u s e 724a. and 2517 of title 28, United States Code. 75 Stat. 415; 62 Stat. 979. ADMINISTRATION SEC. 4. (a) The Secretary shall administer the lands, waters and interests therein acquired for the recreation area in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), as amended and supplemented, and the Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appro- priate to carry out the purposes of this Act. Notwithstanding their inclusion within the boundaries of the recreation area, the Muir Woods National Monument and Fort Point National Historic Site shall con- tinue to be administered as distinct and identifiable units of the national park system in accordance with the laws applicable to such monument and historic site. Police and fire (b) The Secretary may enter into cooperative agreements with any protection, coop- Federal agency, the State of California, or any political subdivision erative agree- ments. thereof, for the rendering, on a reimbursable basis, of rescue, firefight- ing, and law enforcement and fire preventive assistance. Water resource (c) The authority of the Army to undertake or contribute to water developments. resource developments, including shore erosion control, beach protec- tion, and navigation improvements on land and/or waters within the recreation area shall be exercised in accordance with plans which are mutually acceptable to the Secretary and the Secretary of the Army and which are consistent with both the purpose of this Act and the purpose of existing statutes dealing with water and related resource development. Transportation (d) The Secretary, in cooperation with the State of California and system, study. affected political subdivisions thereof, local and regional transit agencies, and the Secretaries of Transportation and of the Army, shall make a study for a coordinated public and private transportation system to and within the recreation area and other units of the national park system in Marin and San Francisco Counties. ADVISORY COMMISSION Establishment; membership. SEC. 5. (a) There is hereby established the Golden Gate National Recreation Area Advisory Commission (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of fifteen members appointed by the Secretary for terms of three years each. (c) Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) Members of the Commission shall serve without compensation, as such, but the Secretary may pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Commission and its members in carrying out their responsibilities under this Act.
86 STAT. ] PUBLIC LAW 92-590-OCT. 27, 1972 1303 (e) The Secretary, or his designee, shall from time to time, but at least annually, meet and consult with the Commission on general policies and specific matters related to planning, administration and development affecting the recreation area and other units of the national park system in Marin and San Francisco Counties. (f) The Commission shall act and advise by affirmative vote of a majority of the members thereof. Termination (g) The Commission shall cease to exist ten years after the date. enactment of this Act. APPROPRIATION LIMITATION SEC. 6. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, but not more than $61,610,000 shall be appropriated for the acquisition of lands and interests in lands. There are authorized to be appropriated not more than $58,000,000 (May 1971 prices) for the development of the recreation area, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the type of con- struction involved herein. Approved October 27, 1972. Public Law 92-590 AN ACT October 27, 1972 To extend the provisions of the Commercial Fisheries Research and Development [S, 3524] Act of 1964, as amended. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That section 4(a) Commercial of the Commercial Fisheries Research and Development Act of 1964 fiarch'and^De- (16 U.S.C. 779b(a)), as amended, is further amended by changing veiopment Act of the words "for the fiscal year beginning July 1, 1969, and for the ^^7^8'strt^'i'97^"* three" to "for the fiscal year beginning July 1,1973, and for the four". 82 stat^ 957. SEC. 2. Section 4(c) of the Commercial Fisheries Research and Development Act of 1964, as amended, is further amended by chang- ing the words "for the fiscal year beginning July 1, 1969," to "for .c A the fiscal year beginning July 1, 1973,". SEC. 3. Section 4(b) of the Commercial Fisheries Research and Development Act of 1964, as amended, is further amended by changing the words "for the fiscal year beginning July 1, 1969, and for the three succeeding fiscal years, $650,000 in each year," to "for the fiscal year beginning July 1, 1973, and for the four succeeding fiscal years, $1,500,000 in each such year,". SEC. 4. The provisions of this Act shall be effective July 1, 1973. Effective date. Approved October 27, 1972. 82-081 O - 73 - 85