§ 460bb-3. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460bb-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVI--GOLDEN GATE NATIONAL RECREATION AREA
Sec. 460bb-3. Administration
(a) Provisions applicable; utilization of authorities for conservation
and management of wildlife and natural resources; provisions
applicable to Muir Woods National Monument and Fort Point
National Historic Site
The Secretary shall administer the lands, waters and interests
therein acquired for the recreation area in accordance with the
provisions of sections 1, 2, 3, and 4 of this title, 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 appropriate to carry out the purposes of
this subchapter. Notwithstanding their inclusion within the boundaries
of the recreation area, the Muir Woods National Monument and Fort Point
National Historic Site shall continue 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.
(b) Federal-State cooperative agreements for police and fire protection
The Secretary may enter into cooperative agreements with any Federal
agency, the State of California, or any political subdivision thereof,
for the rendering, on a reimbursable basis, of rescue, firefighting, and
law enforcement and fire preventive assistance.
(c) Water resource developments
The authority 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
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 subchapter and the
purpose of existing statutes dealing with water and related resource
development.
(d) Transportation system; study for coordinated public and private
system
The Secretary, in cooperation with the State of California and
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.
(e) Fees or admission charges
No fees or admission charges shall be levied for admission of the
general public to the recreation area except to portions under lease or
permit for a particular and limited purpose authorized by the Secretary.
The Secretary may authorize reasonable charges for public transportation
and for admission to the sailing vessel Balclutha and other historic
vessels of the National Maritime Museum.
(f) Certain rental proceeds; crediting; management contract
Notwithstanding any other provisions of law, in the administration
of those parcels of property known as Haslett Warehouse, Cliff House
Properties and Louis' Restaurant, the Secretary shall credit any
proceeds from the rental of space in the aforementioned properties to
the appropriation, if any, bearing the cost of their administration,
maintenance, repair and related expenses and also for the maintenance,
repair and related expenses of the vessels and the adjacent piers
comprising the San Francisco Maritime National Historical Park, and for
major renovation and park rehabilitation of those buildings included in
the Fort Mason Foundation Cooperative Agreement: Provided, That surplus
funds, if any, will be deposited into the Treasury of the United States:
Provided further, That notwithstanding any other provision of law, in
the administration of said parcels and of the AFDL-38 Drydock or other
vessels or heavy marine equipment, the Secretary may, if he deems
appropriate, enter into a contract for the management (including rental
or lease) of said properties with such terms and conditions as will
protect the Government's interest, with excess funds being used as set
forth above.
(Pub. L. 92-589, Sec. 4, Oct. 27, 1972, 86 Stat. 1302; Pub. L. 95-625,
title III, Sec. 317(f), Nov. 10, 1978, 92 Stat. 3486; Pub. L. 99-395,
Secs. 1, 2(a), Aug. 27, 1986, 100 Stat. 836; Pub. L. 100-348, Sec. 6,
June 27, 1988, 102 Stat. 657.)
Amendments
1988--Subsec. (f). Pub. L. 100-348 substituted ``San Francisco
Maritime National Historical Park'' for ``National Maritime Museum''.
1986--Subsec. (e). Pub. L. 99-395, Sec. 2(a), substituted ``and for
admission to the sailing vessel Balclutha and other historic vessels of
the National Maritime Museum'' for ``and, for a period not exceeding
five years from November 10, 1978, for admission to the sailing vessel
Balclutha''.
Subsec. (f). Pub. L. 99-395, Sec. 1, struck out provision which had
included a coordinated public and private access system to and within
the recreation area and other units of the national park system in Marin
and San Francisco Counties among the allowable uses to which rental
proceeds from Haslett Warehouse, Cliff House Properties and Louis'
Restaurant were to be put, inserted in second proviso a reference to the
administration of the AFDL-38 Drydock and other vessels or heavy marine
equipment, and inserted parenthetical in second proviso to include
rental or lease of properties under management contracts into which the
Secretary may enter.
1978--Subsecs. (e), (f). Pub. L. 95-625 added subsecs. (e) and (f).
Fort Baker Agreements and Leases
Pub. L. 106-291, title I, Sec. 115, Oct. 11, 2000, 114 Stat. 943,
provided that: ``Notwithstanding any provision of law, hereafter the
Secretary of the Interior is authorized to negotiate and enter into
agreements and leases, without regard to section 321 of chapter 314 of
the Act of June 30, 1932 (40 U.S.C. 303b) [now 40 U.S.C. 1302], with any
person, firm, association, organization, corporation, or governmental
entity for all or part of the property within Fort Baker administered by
the Secretary as part of Golden Gate National Recreation Area. The
proceeds of the agreements or leases shall be retained by the Secretary
and such proceeds shall be available, without future appropriation, for
the preservation, restoration, operation, maintenance and interpretation
and related expenses incurred with respect to Fort Baker properties.''
Similar provisions were contained in Pub. L. 106-113, div. B,
Sec. 1000(a)(3) [title I, Sec. 121], Nov. 29, 1999, 113 Stat. 1535,
1501A-159.
Fort Baker Golden Gate National Recreation Area; Tax and Special
Assessment Exemption
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 120], Nov.
29, 1999, 113 Stat. 1535, 1501A-159, provided that: ``All properties
administered by the National Park Service at Fort Baker, Golden Gate
National Recreation Area, and leases, concessions, permits and other
agreements associated with those properties, hereafter shall be exempt
from all taxes and special assessments, except sales tax, by the State
of California and its political subdivisions, including the County of
Marin and the City of Sausalito. Such areas of Fort Baker shall remain
under exclusive Federal jurisdiction.''
Similar provisions were contained in Pub. L. 105-277, div. A,
Sec. 101(e) [title I, Sec. 150], Oct. 21, 1998, 112 Stat. 2681-231,
2681-268.
Fees or Admission Charges; Moneys Collected Since November 10, 1983
Section 2(b) of Pub. L. 99-395 provided that: ``Notwithstanding any
other provisions of law, moneys collected pursuant to section 4(e) of
the Act of October 27, 1972 (16 U.S.C. 460bb-3; 92 Stat. 3486), since
November 10, 1983, shall be deemed to have been collected in accordance
with such section as amended by this Act.''
Section Referred to in Other Sections
This section is referred to in section 410nn-1 of this title.
