69–006 

110TH CONGRESS REPT. 110–506 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

PORT CHICAGO NAVAL MAGAZINE NATIONAL MEMORIAL 

ENHANCEMENT ACT OF 2007 

DECEMBER 19, 2007.—Ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3111] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3111) to provide for the administration of Port Chicago 

Naval Magazine National Memorial as a unit of the National Park 

System, and for other purposes, having considered the same, report 

favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 3111 is to provide for the administration of 

Port Chicago Naval Magazine National Memorial as a unit of the 

National Park System, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

On July 17, 1944, 320 men, 202 of whom were African-American 

sailors, were killed at an explosion at the Port Chicago Navy ammunition loading base in the San Francisco Bay Area. This was the 

largest homeland disaster during WWII. The blast also wounded 

hundreds more sailors, and damaged and destroyed merchant 

ships, the pier, a train, and the buildings of Port Chicago. The seismic shock wave was felt as far away as Boulder City, Nevada. 

Less than a month after the tragedy, sailors were ordered to resume work at a new site only a few miles away. Reflecting the racial segregation of the military at the time, the officers were all 

white, and the sailors were African-American. Most of the sailors 


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refused to go back to work under dangerous conditions until supervision, training, and working conditions were improved. Of the 328 

men in the battalion, 258 sailors refused to load ammunition. In 

the end, the Navy ordered 208 sailors to face summary court martial, and they were sentenced to bad conduct discharges. The remaining 50 were singled out for general court martial on the 

grounds of mutiny. The sentence could have been death, but in the 

end they were sentenced to between eight and fifteen years of imprisonment and received dishonorable discharges. The convictions 

sparked public protests and drew attention to racism in the military. These events were a turning point in the nation’s history of 

a segregated military and racial inequality, and strongly influenced 

the Navy’s move towards desegregation in 1945. 

In 1992, Congress enacted Public Law 102–562, legislation authored by Representative George Miller (D–CA), to designate the 

Port Chicago Naval Magazine National Memorial. The Port Chicago Naval Magazine National Memorial is managed by the National Park Service as an affiliated area. On December 23, 1999, 

President Clinton pardoned Freddie Meeks of Los Angeles, one of 

the few living members of the convicted group of 50. 

H.R. 3111 provides that the Port Chicago Naval Magazine National Memorial be managed as a unit of the National Park System. In gaining stature as a unit of the National Park System, the 

Port Chicago Naval Magazine National Memorial will have its own 

budget, and be able to establish a visitor center. 

COMMITTEE ACTION

H.R. 3111 was introduced on July 19, 2007 by Representative 

George Miller (D–CA). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on National Parks, Forests and Public Lands. The bill was also referred to the Committee on Armed Services. On September 27, 

2007, the Subcommittee held a hearing on the bill. On October 10, 

2007, the Full Natural Resources Committee met to consider the 

bill. The bill was ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 cites the Act as the ‘‘Port Chicago Naval Magazine National Memorial Enhancement Act of 2007’’. 

Section 2. Port Chicago Naval Magazine National Memorial 

Section 2 requires that the Secretary of the Interior administer 

the Port Chicago Naval Magazine National Memorial as a unit of 

the National Park System. Section 2 of the bill further requires 

that should the Secretary of Defense determine that the land in the 

proposed boundary is excess to military needs, it shall be transferred to the administrative jurisdiction of the Secretary of the Interior (DOD currently owns the land despite DOI’s management of 

the memorial). Section 2 also authorizes the Secretary of the Interior to enter into an agreement with the City of Concord to establish and operate a visitor orientation facility. 


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Section 3. Sense of Congress 

Section 3 expresses the sense of Congress that the Secretary of 

Defense and the Secretary of the Interior should repair storm damage to the Port Chicago site, and develop a process by which future 

repairs can be achieved in a timely and cost-effective manner. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 3111—Port Chicago Naval Magazine National Memorial Enhancement Act of 2007 

H.R. 3111 would direct the Department of the Interior to manage 

the Port Chicago Naval Magazine National Memorial in California 

as a unit of the National Park System. The bill would direct the 

Department of Defense (DoD) to transfer administrative jurisdiction of the 5-acre site to the National Park Service (NPS) whenever 

DoD determines that the site is not needed for military purposes. 

Finally, the bill would authorize the NPS to execute an agreement 

with Concord, California. As a result of this provision, the city 

would provide space for administrative and visitor facilities. 

Assuming the availability of appropriated funds, CBO estimates 

that it would cost the NPS about $200,000 a year to operate the 


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memorial as a park unit. Based on information provided by the 

agency, we expect that most of this amount would be used for additional staff. Enacting the bill would not affect revenues or direct 

spending. 

H.R. 3111 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

of the Budget Analysis Division. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 3111 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 203 OF THE PORT CHICAGO NATIONAL 

MEMORIAL ACT OF 1992 

TITLE II—PORT CHICAGO NATIONAL MEMORIAL 

SEC. 201. SHORT TITLE. 

This title may be referred to as the ‘‘Port Chicago National Memorial Act of 1992’’. 

* * * * * * * 

SEC. 203. PORT CHICAGO NATIONAL MEMORIAL. 

(a) * * * 

* * * * * * * 

(c) ADMINISTRATION.—The Secretary of the Interior shall administer the Port Chicago Naval Magazine National Memorial as a unit 

of the National Park System in accordance with this Act and laws 

generally applicable to units of the National Park System, including 

the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 

et seq.) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 

et seq.). 

(d) TRANSFER OF LAND.—Notwithstanding any other provision of 

law, whenever the Secretary of Defense determines that the land depicted within the proposed boundary on the map titled ‘‘Port Chicago Naval Magazine National Memorial, Proposed Boundary’’, 

numbered 018/80,001, and dated August 2005, is excess to military 


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needs, the Secretary of Defense shall transfer the land, which consists of approximately 5 acres, to the administrative jurisdiction of 

the Secretary of the Interior, who shall administer the property in 

accordance with subsection (c). 

(e) ENVIRONMENTAL REMEDIATION.—As part of the transfer under 

subsection (d), the Secretary of Defense shall perform, in accordance 

with the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and other applicable laws, all environmental remediation actions necessary to respond to environmental contamination attributable to former military activities on the property. 

(f) AGREEMENT WITH CITY OF CONCORD AND EAST BAY REGIONAL

PARK DISTRICT.—The Secretary of the Interior is authorized to enter 

into an agreement with the City of Concord, California, and the 

East Bay Regional Park District, to establish and operate a facility 

for visitor orientation and parking, administrative offices, and curatorial storage for the Memorial. 

ø(c)¿ (g) PUBLIC ACCESS.—The Secretary of the Interior shall 

enter into a cooperative agreement with the Secretary of the Navy 

to provide for public access to the Memorial. 

* * * * * * * 

Æ 


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