Imágenes de páginas
PDF
EPUB

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 Act.

(h) New construction and development within the recreation area on property remaining under the administrative jurisdiction of the Department of the Army and not subject to the provisions of subsections (d) or (e) hereof shall be limited to that which is required to accommodate facilities being relocated from property being transformed under this Act to the administrative jurisdiction of the Secretary or which is directly related to the essential missions of the Sixth United States Army; provided, however, that any construction on presently undeveloped open space may be undertaken only after prior consultation with the Secretary. 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.

(i) The Federal property known as Point Bonita, Point Diablo, and Lime Point shall remain under the administrative jurisdiction of the Secretary of the Department in which the Coast Guard is operating until such time as all or any portion thereof is determined by the Department in which the Coast Guard is operating to be excess to its needs, at which time such excess portion shall be transferred to the administrative jurisdcition of the Secretary for purposes of this Act. The Secretary of the Department in which the Coast Guard is operating 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 Act and the purpose of existing statutes dealing with establishment, maintenance, and operation of navigational aids.

SEC. 3. (a) Prior to the establishment of the recreation area and thereafter, 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, except that the Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of this Act. Notwithstanding their proximity to the boundaries of the recreation area, the Muir Woods National Monument and Fort Point National Historic Site shall continue to be administered as separate units of the National Park System in accordance with the laws applicable to such monument and historic site. The Secretary is authorized to enter into agreements, subject to otherwise applicable Federal, State or local statutes, with the State of California or its political subdivisions with respect to any State and other publicly owned lands within the recreation area in order to contribute to uniform management and public use of all publicly owned lands within the recreation area.

(b) Notwithstanding any other provision of law, the Secretary may provide such services and facilities as he deems necessary or desirable for access to the recreation area. The Secretary may provide such services and facilities directly, or by negotiated contract with public or private agencies or persons without advertising and without securing competitive bids.

(c) The Secretary is authorized to enter into cooperative agreements with Federal agencies, the State of California, or any political subdivision thereof, for the rendering, on a reimbursable basis, of rescue, fire-fighting, law enforcement, water and sewer and other community services.

SEC. 4. The authority of the Secretary of the Army to undertake or contribute to water resource developments, including shore erosion control, beach protection, and navigation improvements on land and/or waters within the Golden Gate National Recreation Area in California 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 land resource development.

SEC. 5. There are hereby authorized to be appropriated not more than $27,620,000 for acquisition of lands and interests in lands, and not to exceed $58,000,000 (May 1971 prices) for 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 construction involved herein.

UNITED STATES DEPARTMENT OF THE INTERIOR,

Hon. WAYNE N. ASPINALL,

OFFICE OF THE SECRETARY, Washington, D.C., May 10, 1972.

Chairman, Committee on Interior and Insular Affairs, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This responds to your request for comment on H.R. 866, a bill "To establish the Golden Gate National Recreation Area in San Francisco and Marin Counties, California, and for other purposes", and H.R. 3238 and H.R. 4350, similar bills "To establish the Juan Manuel de Ayala National Recreation Area as the Golden Gate headlands in California".

We strongly recommend the enactment of H.R. 13018 or H.R. 13060, this Administration's proposal to establish a Golden Gate National Recreation Area, in lieu of H.R. 866, H.R. 3238, or H.R. 4350.

H.R. 866 would authorize the establishment of a Golden Gate National Recreation Area to include such portions of certain military lands and Alcatraz Island as may be transferred by the administering agency to the Secretary of the Interior. The bill further requires that the Golden Gate National Recreation Area be administered pursuant to the Act of September 13, 1962 (76 Stat. 538), which established the Point Reyes National Seashore, and would authorize the appropriation of such sums as may be necessary to carry out the purposes of this legislation. H.R. 4350 differs from H.R. 866 only in that the national recreation area thereby established would be named for Juan Manuel de Ayala, the Spanish navigator who explored San Francisco Bay in 1775.

Though H.R. 3238 would also establish a national recreation area to be named for de Ayala, this bill differs from H.R. 4350 in several respects. The Secretaries of the Army, Navy and Air Force would be directed, rather than authorized, to relinquish specified lands in order that they might be administered by the Secretary of the Interior as units of the recreation area. In addition, the Secretary would be authorized to accept donation from the State of California and to administer certain park lands and any park or recreation lands immediately adjacent to designated units of the recreation area. Alcatraz Island would be transferred to the Secretary of the Interior for such use as "will best advance the interests and aspirations of the American Indians", including sale to an Indian-controlled corporation for monetary consideration of $24. Section 12 provies statutory authority for administration of the recreation area, but there is no provision which authorizes the appropriation of funds for this purpose.

H.R. 13018 and H.R. 13060, "To provide for the establishment of the Golden Gate National Recreation Area in the State of California, and for other purposes", were co-sponsored by 19 members of the California delegation and several members of your Committee following announcement of the President's proposal on February 8. This legislation, developed after thorough study and in close consultation with Federal, State, and local interests, would authorize the establishment of a 24,000-acre national recreation area in San Francisco and Marin Counties to be administered by the Secretary of the Interior. Of the lands to be included within those boundaries depicted on map NRAGG-20,000C, 3.618 acres are now devoted to military use; 11,337 acres are owned by the State of California; 198 acres are owned by Marin County; and 8,021 acres are privately owned. The boundaries will extend north from the Golden Gate Bridge some 22 miles along the Pacific Ocean to Point Reyes National Seashore, and as far south from the Bridge as Fort Funston.

While State-owned lands within the recreation area will continue to be managed by the State of California in a manner compatible with Federal administration of adjoining areas, section 2(a) of both bills provides for Federal

acquisition, development and administration of such State lands as may later be donated for this purpose. Military lands within the boundarires are subject to special provisions which take into account the essential nature of some existing military activities, while providing an immediate, and significant increase in the number of acres available for public recreation.

We believe that our proposal for the Golden Gate National Recreation Area, as embodied by H.R. 13018 and H.R. 13060, constitutes a sound well-balanced approach to the development of recreation opportunities afforded by this unique coastal environment. Combining Federal, State, and private property within the boundaries of a single management unit, our proposal contemplates the establishment of an expansive recreation area at a cost lower than if all property were privately-owned.

Our proposal, which is described more fully in Secretary Morton's letter to the Speaker, dated February 8, demonstrates again that the need to provide breathing space and recreational opportunities in our major urban centers is a major concern of this Administration. Enactment of H.R. 13018 or H.R. 13060 and our proposal for the establishment of a Gateway National Recreation Area in New York and New Jersey, now pending before your Committee as H.R. 8816, would provide such breathing space at two of the Nation's major gateways to the world.

The Office of Management and Budget has advised that there is no objection to the presentation of this report and that enactment of H.R. 13018 or H.R. 13060 would be consistent with the Administration's objectives.

Sincerely yours,

NATHANIEL P. REED, Assistant Secretary of the Interior.

Hon. WAYNE N. ASPINALL,

DEPARTMENT OF THE ARMY, Washington, D.C., May 10, 1972,

Chairman, Committee on Interior and Insular Affairs, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense on H.R. 866 and H.R. 4350, 92nd Congress, bills to establish the Golden Gate National Recreation Area and Juan Manueal de Ayala Recreation Area, respectively. The Secretary of Defense has delegated to the Department of the Army the responsibility for reporting the views of the Department of Defense thereon.

These bills, substantially identical except for the name of the recreation area to be established, describe the National Recreation Area as including those portions of the Presidio and Forts Funston, Mason and Miley in San Francisco, Forts Baker, Barry and Cronkhite on the Marin headlands, and Alcatraz in San Francisco Bay, which the Secretary of the Interior and the Secretary of the agency having jurisdiction over the property agree upon as being appropriate for public recreation use. Those protions of such property under the jurisdiction of the Secretary of the Army which he determines are no longer vital for military purposes may be transferred to the Secretary of the Interior without reimbursement.

On February 8, 1972, in conjunction with the President's environmental message, the Department of the Interior submitted a comprehensive bill to establish a Golden Gate National Recreation Area in the State of California. The Department of the Army, on behalf of the Department of Defense, recommends enactment of the Administration's proposal, H.R. 13018 and H.R. 13060 (identical bills), in lieu of the related bills that are being considered by this Committee--H.R. 866, H.R. 4350, H.R. 9498, H.R. 10220, and H.R. 12994.

H.R. 13018 and H.R. 13060 authorize the Secretary of the Interior to establish the Golden Gate National Recreation Area in the San Francisco Bay area, within boundaries depcited on a map on file in the National Park Service, by publication of a notice in the Federal Register. The total area shall not exceed 24.000 acres.

The Administration's bill provides that Federal property within the Recreation Area will be transferred, upon enactment, to the administrative jurisdic

tion of the Secretary of the Interior, for the purposes of the Act, subject to the continuation of such uses as may be agreed upon between the Secretary and the head of the agency formerly having jurisdiction over the property.

Under the Administration's proposal all of Forts Barry and Cronkhite and the western half of Fort Baker would be transferred automatically to the Secretary of the Interior, subject to use by the Department of the Army under permit, for (1) the existing air defense mission and (2) other essential missions including Reserve activities and family housing for a period of ten yeers or longer, as agreed upon by the Secretary of the Interior. Also, the Secretary of the Army shall grant to the Secretary of the Interior irrevocable use of the Baker Beach area of the Presidio of San Francisco, comprising approximately 100 acres of which 45 acres are fast lands and 55 acres are tidelands. Within ten years or such longer period of time as may be agreed upon by the Secretary of the Interior, the Secretary of the Army shall grant to the Secretary of the Interior irrevocable use of Crissy Army Airfield at the Presidio of San Francisco, consisting of 17 acres of fast lands and 28 acres of tidelands. The remaining portions of Fort Baker and the Presidio, which are not transferred to the Department of the Interior upon enactment, and the site of the active Inshore Underseas Warfare Naval Installation comprised of 1.7 acres formerly part of the disestablished Fort Miley, shall be transferred to the Department of the Interior at such time as they are determined excess to the needs of the Department of Defense.

Section 2(h) of the Administration's bill provides that new construction and development of property within the Recreation Area which remains under the jurisdiction of the Department of the Army, except the Baker Beach and Crissy Army Airfield areas, shall be limited to facilities being relocated from property to be transferred to the Secretary of the Interior or to that which is directly related to the essential missions of the Sixth United States Army, provided that any construction on presently undeveloped open space may be undertaken only after prior consultation with the Secretary of the Interior. The limitation does not apply, however, to the Letterman General Hospital, or the Western Medical Institute of Research, both at the Presidio of San Francisco.

The Recreation Area boundaries embrace Forts Barry, Baker and Cronkhite, the Presidio of San Francisco, Fort Mason, Fort Funston and the former Fort Miley, which includes the Inshore Underseas Warfare Naval Installation. Several Coast Guard installations are also located within the Recreation Area. The missions and current status of Defense installations covered by the proposed bills and the requirements of the Department of Defense for continued use thereof are as follows:

a. Forts Barry, Baker and Cronkhite are now utilized and satellited to the Presidio of San Francisco. They comprise a single, contiguous area on the Marin headlands at the northern end of the Golden Gate Bridge, and contain a total of 2,157 acres of land including 1,844 acres of fast land and 313 acres of submerged land. The complex supports the active mission of the Army Air Defense Command as well as active Army and Reserve training. Because of the military requirements for air defense, family housing, Reserve activities and utilities and access easements, it will be necessary, if the legislation is enacted, to provide for continued military use of required areas under permits from the Secretary of the Interior as provided in the Administration's bill.

b. (1) The Presidio of San Francisco, located on San Francisco Bay in the city and county of San Francisco, was established originally on land withdrawn from the public doman in 1850. Currently, the reservation is comprised of 1,382 acres of upland and approximately 364 acres of contiguous submerged lands. The Presidio is an active, permanent installation serving as headquarters for the Sixth United States Army and supports Letterman General Hsopital, Crissy Army Airfield, and various troop and support units. Additional military land utilization includes family and troop housing, the Fort Point U.S. Coast Guard Station, and the San Francisco National Cemetery.

(2) Fort Point, located near the south end of the Golden Gate Bridge, was established as the Fort Point National Monument by the Act of October 16, 1970 (84 Stat. 970). The National Monument contains 29 acres which were transferred to the Secretary of the Interior in April 1971, and is no longer in the Presidio inventory.

(3) Sections 2(d) and (e) of the Administration's bill provide that the Secretary of the Army shall grant to the Secretary of the Interior irrevocable use

and occupancy of Baker Beach upon enactment of this bill. Also, such use of Crissy Field would be granted within ten years of enactment or such longer period as may be agreed upon by the Secretary. The Presidio is a completely open post in a dense metropolitan area, portions of which are used by the public for recreational purposes.

c. Fort Mason, located on San Francisco Bay at the northern end of San Francisco, consists of 24 acres of land, withdrawn from the public domain in 1850 for military use, and improved with 44 units of family housing and operational and support facilities. It will be necessary, if the bill is enacted into law, to obtain continued use of the property under a permit from the Secretary of the Interior.

d. Former Fort Miley consists of 1.7 acres retained by the Department of the Navy as a Harbor Defense facility. The area is in active use.

e. Old Fort Funston, established by the War Department in 1901 in the city of San Francisco for Harbor Defenses, currently consists of 5.88 acres of easements, reserved for the benefit of the Army for the use and occupancy of living quarters on the property. Presently there are eight units of family housing on the area, all occupied by personnel at the Presidio of San Francisco, plus a road right-of-way for access to the housing area.

Section 2(a) of the Administration's bill provides for the transfer of Fort Mason to the administrative jurisdiction of the Secretary of the Interior upon enactment. H.R. 13018 also provides that the Secretary of the Interior shall grant a permit for continued use and occupancy by the Army of Fort Mason and other areas for a period of ten years or such longer period as may be agreed upon by the Secretary of the Interior.

Section 4 of H.R. 13018 and H.R. 13060, in recognition of the responsibilities of the Corps of Engineers for water resource development, provides for the exercise of these responsibilities in accordance with plans mutually acceptable to the Secretary of the Interior and the Secretary of the Army.

It is noted that three other bills designed to establish a national recreation area in the vicinity of San Francisco Bay have been introduced. These bills, H.R. 9498, H.R. 10220 and H.R. 12994, are objectionable to the Department of Defense because they arbitrarily deprive the military departments of the use of property needed for national defense.

H.R. 9498, and identical bill. H.R. 12994, designate a large area of public and private lands, including Forts Barry, Baker, Cronkhite, Funston, Mason Miley, the former Naval Net Depot at Tiburon, certain portions of the Presidio of San Francisco, 3.4 acres of Navy land adjacent to the United States Veterans Administration Hospital and Fort Point National Historic Site. Federal property within the designated boundaries shall be transferred to the Secretary of the Interior. New construction on or change in use of the portion of the Presidio of San Francisco remaining under the Department of the Army requires prior consent of the Secretary of the Interior.

H.R. 10220 includes, within the boundaries of the National Recreation Area described therein, Forts Baker, Barry, Cronkhite, Mason, Funston and Miley, 3.4 acres of Navy land adjacent to the United States Veterans Administration Hospital, and the Presidio of San Francisco. Federal property within the boundaries is transferred to the Secretary of the Interior upon enactment, with the exception of the Presidio of San Francisco for which use of certain areas shall be granted to the Secretary of the Interior. Also, use of portion of Forts Baker, Barry and Cronkhite may be retained by the Secretary of Defense for current missions or national security. The bill also includes a limitation against new construction or change of use in areas remaining under the control of a Federal agency other than the Secretary of the Interior.

The fiscal effect of the Administration's bill on the Department of Defense cannot be ascertained at this time since it would depend on the need to provide replacement facilities at such future time as the Department's activities are phased out at this location.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Office of Management and Budget advises that, from the standpoint of the Administration's program, there is no objection to the presentation of this report for the consideration of the Committee.

Sincerely,

ROBERT F. FROEHLKE,
Secretary of the Army.

« AnteriorContinuar »