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Interior (hereinafter referred to as the "Secretary") shall establish a national recreation area (hereinafter referred to as the "recreation area"). In the management of the recreation area, the Secretary shall utilize the resources in a manner which will provide for recreational and educational opportunities consistent with sound principles of land use planning based on a comprehensive, balanced, and coordinated plan of land use 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 development and uses which would destroy the scenic beauty and natural character of the area.
SEC. 2. (a) The recreation area shall comprise the following land areas together with adjacent submerged lands and adjacent water areas not to exceed one-quarter of a mile offshore as generally depicted on the map entitled "A Proposed Golden Gate National Recreational Area Boundary Map" Number —and dated, which shall be on file and available for public inspection in the offices of the National Park Service of the Department of the Interior:
(1) those areas of Marin County commonly known as Marincello (2,138 acres), The Witter Ranch (923 acres), the Green Gulch Ranch (820 acres), the Slide Ranch (133 acres), the Gaddell property (150 acres), and the Banducci property;
(2) the following described property in Marin County, described generally as those parcels bounded on the north by Sir Francis Drake Boulevard; on the east by Sir Francis Drake Boulevard to its intersection with Samuel P. Taylor State Park on the northerly side thereof, thence along the westerly boundary of Samuel P. Taylor State Park to its intersection with the land of the Marin Municipal Water District known generally as the Kent, Lagunitas, Alpine, and Bon Tempi Lakes property, thence along the westerly boundary of said Marin Municipal Water District property to its intersection with Mount Tamalpais State Park, and thence along the westerly boundary of Mount Tamalpais State Park: on the south by the westerly and northerly boundary of Mount Tamalpais State Park; and on the west by State Highway Numbered 1 to its intersection with Sir Francis Drake Boulevard at Olema; and also including the land lying to the west of State Highway Numbered 1 which borders on the easterly side of Bolinas Lagoon; and excluding the property within the community of Stinson Beach;
(3) an area along the southern and easterly boundary of the Presidio including but not restricted to the Julius Kahn public playground. The site of the proposed El Polin Elementary School, and the area east of Arguello Boulevard including the Inspiration Point area, and the area southeast of the Babe Ruth Baseball Park extending to and past Presidio Boulevard to the Presidio boundary on the southeast; and
(4) that area commonly known as Sutro Baths (12.5 acres).
(b) There shall be transferred to the Secretary, without consideration, for inclusion in the recreation area, the following Federal lands:
(1) the former military posts known as Forts Barry, Baker, Funston, Cronkhite, and the former Navy Net Depot at Tiburon ;
(2) Fort Funston, Fort Miley, and 3.4 acres of land adjacent to the United States Veterans Hospital administered by the United States Navy, Fort Mason, and the Fort Point National Historic Site;
(3) those portions of the Presidio of San Francisco, more specifically described as follows:
(A) the area bounded by San Francisco Bay on the north, Lyon Street on the east, Doyle Drive and United States Highway 101 to the point due north of the northwest corner of San Francisco National Cemetery, thence along Lincoln Boulevard to its intersection with El Camino Del Mar and the northern boundary of Baker Beach State Park on the south and the Pacific Ocean on the west;
(B) that area bounded on the north by Kobbe Avenue between Kincoin Boulevard and Washington Boulevard, on the east by Washington Boulevard to its western intersection with Compton Road, thence due south to the northern boundary of the United States Public Health Service hospital, thence along the boundary of said hospital to its intersection with 15th Avenue and the southern boundary of the Pre
sidio of San Francisco; on the south by the southern boundary of the Presidio and on the west by Lincoln Boulevard. Any military housing and any military installation within the boundaries described in this subsection which is considered by the President to be vital to the needs of the United States is hereby excepted;
(C) those remaining portions of that area of the Presidio of San Francisco, known generally as Fort Scott, and described more particularly as that area bounded on the north by Lincoln Boulevard, on the east by Lincoln Boulevard to the intersection of Lincoln Boulevard with McDowell Avenue, and thence from said intersection to the easterly pillar of a gateway in the northwesterly side of San Francisco National Cemetery, thence from said easterly gate pillar southwesterly along the northwesterly side of the cemetery wall and its prolongation to an intersection with Park Boulevard, and thence along Park Boulevard to its intersection with Washington Boulevard, on the south by Washington Boulevard, and on the west by the Washington Boulevard, to its intersection with Kobbe Avenue, thence along Kobbe Avenue to its intersection with Lincoln Boulevard, and thence along Lincoln Boulevard; and
(D) the Presidio golf course.
SEC. 3 (a) The Secretary is authorized to enter into such agreements with the State of California and its political subdivisions as may be necessary to provide for the joint operation of any of the recreation area and any of the adjoining park lands owned by such State or political subdivision and for operation of joint tourist facilities, including ferries and other means of transportation.
(b) The Secretary is authorized to accept the donation by the State of California of any park or recreation lands immediately adjacent to the recreation area, if such donation is made without charge to the United States.
(c) The Secretary is authorized to accept the donation by the State of California of Angel Island, Bakers State Beach, James D. Phelan State Beach, Marin Headlands State Parks, and Sea! Rocks State Beach.
(d) The Secretary is authorized to accept donation of the following proper ties from the city and county of San Francisco, its subdivisions, or the State of California and its lessees: The Marina Green, Marina Yacht Harbor, Aquatic Park, San Francisco Maritime State Historical Park, Ocean Beach, Lincoln Park (excepting the Palace of the Legion of Honor).
SEC. 4. The Secretary is authorized to set aside areas for such navigational aids as may be necessary on any part of the recreation area..
SEC. 5. Any acquisition of lands, waters, or interests therein shall not diminish any existing rights-of-way or easements which are necessary for the transportation of persons or materials to or from the Presidio of San Francisco or any military installations located completely within the recreation area.
SEC. 6. Any property of the United States bordering San Francisco Bay, or Suisun Bay, or the recreation area, which is declared surplus to the needs of the United States after the date of enactment of this Act shall, upon such declaration, become a part of the recreation area, unless the Secretary shall expressly declare that such property is not needed for the recreation area, in which case such property shall be disposed of in accordance with the otherwise applicable provisions of law.
SEC. 7. Real Property required to be transferred to the Secretary by this Act includes all right, title, and interest of the United States in and to any land beneath any navigable waters of the United States within or contiguous to such real property.
SEC. 8. (a) Within the boundaries of the recreation area, the Secretary may acquire land, water, and interests therein by donation, purchase with donated or appropriated funds, exchange, transfer, or by such other means as he deems in the public interest. Any Federal property within the recreation area shall be transferred by the agency having custody thereof, without consideration, to the administrative jurisdiction of the Secretary for the purposes of the recreation area.
(b) (1) As of the effective date of this Act, there is hereby vested in the United States all right, title, and interest in, and the right to immediate possession of, all real property within the boundaries of the recreation area, except
real property owned by the State of California or a political subdivision thereof and except as provided in paragraph (3) of this subsection. The Secretary shall allow for the orderly termination of all operations on real property acquired by the United States under this subsection, and for the removal of equipment, facilities, and personal property therefrom.
(2) The United States will pay just compensation to the owner of any real property taken by paragraph (1) of this subsection. Such compensation shall be paid either:
(A) by the Secretary of the Treasury from money appropriated from the Land and Water Conservation Fund, including money appropriated to the fund pursuant to section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460-7), upon certification to him by the Secretary of the agreed negotiated value of such property, or the valuation of the property awarded by judgment, including interest at the rate of 6 per centum per annum from the date of taking the property to the date of payment therefor; or
(B) by the Secretary, if the owner of the land concurs, with any federally owned property available to him for purposes of exchange pursuant to the provisions of subsection (c) of this section; or
(C) by the Secretary using any combination of such money or federally owned property.
Any action against the United States for the recovery of just compensation for the land and interests therein taken by the United States by this subsection shall be brought in the Court of Claims as provided in section 1491 of title 28, United States Code.
(3) This subsection shall apply to ownerships of one acre or less only if such ownerships are held or occupied primarily for nonresidential or nonagricultural purposes, and if the Secretary gives notice to the owner within twelve months after the effective date of this Act, of the application of this paragraph. Notice by the Secretary shall be deemed to have been made as of the effective date of this Act. The district court of the United States for that district in which such ownerships are located shall have jurisdiction to hear and determine any action brought by any person having an interest therein for damages occurring by reason of the temporary application of this paragraph, between the effective date of this Act, and the date upon which the Secretary gives such notice. Nothing in this paragraph shall be construed as affecting the authority of the Secretary to acquire such areas for the purposes of this Act. (c) If any individual tract or parcel of land acquired is partly inside and partly outside the boundaries of the recreation area the Secretary may, in order to minimize the payment of severance damages, acquire the whole of the tract or parcel and exchange that part of it which is outside the boundaries for land or interests in land inside the boundaries or for other land or interests in land acquired pursuant to this Act, and dispose of so much thereof as is not so utilized in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended. The cost of any land so acquired and disposed of shall not be charged against any limitation on authorized appropriations contained in this Act.
(d) The owner of improved property on the date of its acquisition 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 occupancy of the improved property for noncommercial residential purposes 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 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 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.
(e) The term "improved property", as used in subsections (d) and (e), means 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 accessory to the dwelling which are situated on the land so designated.
(f) The Secretary shall have, with respect to any real property acquired by him in that parcel described in section 2(a) (2) of this Act, authority to sell or lease the same to the former owner under such conditions and restrictions as will assure that it is not utilized in a manner or for purposes inconsistent with this Act or the Master Land and Water Use Management Plan described in section 9(b) (1) of this Act. Exercise of said authority by the Secretary, however, will not prevent him from acquiring such property at any future date should he deem the same necessary and appropriate to carrying out the purposes and provisions of this Act.
(g) In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property within the boundaries of the recreation area, outside of such boundaries within the limits prescribed in this Act. Notwithstanding any other provisions of law, the Secretary may acquire such property from the grantor by exchange for any federally owned property under the jurisdiction of the Bureau of Land Management in California, except property needed for public use and management, which he classifies as suitable for exchange or other disposal, or any federally owned property he may designate. Such federally owned property shall also be available for use by the Secretary in lieu of, or together with, cash in payment or just compensation for any real property taken pursuant to this Act. The values of the properties so exchanged either shall be approximately equal or, if they are not approximately equal, the value shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. Through the exercise of this exchange authority, the Secretary shall, to the extent possible, minimize economic dislocation and the disruption of the grantor's commercial operations.
(h) 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 Act as was given the Secretary of the Treasury for other land acquisitions by section 34 of the Act of May 30, 1908, relating to purchase of sites for public buildings (35 Stat. 545), and the Secretary and the owner of land to be acquired under this Act 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 the Act of July 27, 1956 (70 Stat. 624) and sections 2414 and 2517 of title 28, United States Code.
(i) All Federal lands and interests in lands in Marin or San Francisco Counties which are within the Presidio of San Francisco or border on the San Francisco Bay or the Pacific Ocean and that heretofore or hereafter are declared excess to the needs of the United States shall be transferred to the administrative jurisdiction of the Secretary without a transfer of funds. If the Secretary expressly declares that such property is not needed for the recreation area, such property shall be disposed of in accordance with the otherwise applicable provisions of law.
SEC. 9. (a) The Secretary shall administer the recreation area in accordance with the Act of August 25, 1916 (39 Stat. 535), and the Act of August 21, 1935 (49 Stat. 666), and the Act of September 13, 1962 (76 Stat. 538).
(b) (1) In the administration, protection, and use of the recreation area, the Secretary shall prepare and publish within twelve months after the date of enactment of this Act a master land and water use management plan (hereinafter referred to as the "master plan"), which shall include specific provisions for
(A) use of the facilities on the San Francisco side of the recreation area to provide for the optimal benefits of public recreation, consistent with maximum retention and creation of open space; and
(B) protection of the Marin side of the recreation area in order to preserve the natural scenic beauty of the area.
(2) Within six months after the date of enactment of this Act the Secretary shall prepare and publish a tentative land and water use management plan (hereinafter referred to as the "tentative plan").
(3) In the preparation of the tentative and master plans the Secretary shall consult with the Planning Commissions and Boards of Supervisors of Marin and San Francisco Counties, and the San Francisco Bay Conservation and Development Commission.
(4) In the preparation of both the tentative and master plans the Secretary shall conduct public hearings regarding the terms, provisions, and effects of said plans. The public shall have the right to propose the provisions or contents of the master plan, and to present evidence and testimony with regard thereto at each hearing. The Secretary shall conduct such hearings in both San Francisco and Marin Counties.
(5) The Secretary shall commence implementation of the master plan immediately upon the publication of the same.
(6) The Secretary shall follow the same procedure outlined above as to any proposed amendments to said master plan subsequent to the preparation and publication of the same, noticing and holding public hearings thereon.
(c) The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this Act.
(d) (1) There shall be no new construction of any building or structure in the area of the Presidio of San Francisco not described in section 2(b) (3) (A)-(D) of this Act without
(A) prior written approval and consent of the Secretary; and
(B) prior demolition of a building or structure of the same or greater floor area on the same or an equivalent site.
(2) There shall be no change in the use of any building or area in the Presidio of San Francisco not described in section 2(b) (3) (A)−(D) of this Act, without the prior written consent and approval of the Secretary. No part of the Presidio of San Francisco shall be relinquished by the United States.
(3) There shall be no change in the use of any building or area privately owned or leased within the designated boundaries of the recreation area without the prior written consent and approval of the Secretary.
(4) The Secretary in evaluating requests for consent and approval of proposed new construction or proposed changes in use shall consider any potential adverse effects on the environment within the boundaries of the recreation area and any potential impairment of the usefulness and attractiveness of the lands and waters within the designated boundaries of the recreation area.
SEC. 10. The recreation area shall be known as the Juan Manuel de Ayala National Recreation Area.
[H.R. 10220, 92d Cong., first sess.]
A BILL To establish the Golden Gate National Recreation Area in
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to preserve for public use and enjoyment certain areas of Marin and San Francisco Counties in California possessing unique 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 Secretary of the Interior (hereinafter referred to as the "Secretary") may establish and administer the Golden Gate National Recreation Area (hereinafter referred to as the "recreation area"). In the management of the entire recreation area, the Secretary shall utilize the resources in a manner which will provide for recreational and educational opportunities consistent with sound principles of land use planning based on a comprehensive, balanced, and coordinated plan of land use and management. In carrying out the provisions of this Act, the Secretary shall preserve that portion of the recreation area located in Marin County in its natural setting and protect it from development and uses which would destroy the scenic beauty and natural character of the area.