II 

111TH CONGRESS 

1ST SESSION S. 1469 

To provide for the administration of Port Chicago Naval Magazine National 

Memorial as a unit of the National Park System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2009 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To provide for the administration of Port Chicago Naval 

Magazine National Memorial as a unit of the National 

Park System, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Port Chicago Naval 

5 Magazine National Memorial Enhancement Act of 2009’’. 

6 SEC. 2. PORT CHICAGO NAVAL MAGAZINE NATIONAL ME7 MORIAL. 

8 Section 203 of the Port Chicago National Memorial 

9 Act of 1992 (16 U.S.C. 431 note; Public Law 102–562; 

10 106 Stat. 4235) is amended— 


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1 (1) by redesignating subsection (c) as sub2 section (f); 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) ADMINISTRATION.— 

6 ‘‘(1) IN GENERAL.—The Secretary of the Inte7 rior shall administer the Port Chicago Naval Maga8 zine National Memorial as a unit of the National 

9 Park System in accordance with— 

10 ‘‘(A) this Act; and 

11 ‘‘(B) the laws generally applicable to units 

12 of the National Park System, including— 

13 ‘‘(i) the National Park Service Or14 ganic Act (16 U.S.C. 1 et seq.); and 

15 ‘‘(ii) the Act of August 21, 1935 (16 

16 U.S.C. 461 et seq.). 

17 ‘‘(2) ADMINISTERED LAND.—The land de18 scribed in subsection (d)(2) shall be administered in 

19 accordance with this subsection. 

20 ‘‘(d) TRANSFER OF LAND.— 

21 ‘‘(1) IN GENERAL.—The Secretary of Defense 

22 shall enter into a memorandum of understanding 

23 with the Secretary of the Interior providing for the 

24 transfer, without consideration, of administrative ju25 risdiction to the Secretary of the Interior of the land 


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1 described in paragraph (2), if the Secretary of De2 fense determines that the land is in excess of mili3 tary needs. 

4 ‘‘(2) DESCRIPTION OF LAND.—The land re5 ferred to in paragraph (1) is the parcel of approxi6 mately 5 acres of land, as depicted on the map enti7 tled ‘Port Chicago Naval Magazine National Memo8 rial, Proposed Boundary’, numbered 018/80,001, 

9 and dated August 2005. 

10 ‘‘(e) AGREEMENT WITH CITY OF CONCORD AND

11 EAST BAY REGIONAL PARK DISTRICT.—The Secretary of 

12 the Interior may enter into an agreement with the City 

13 of Concord, California, and the East Bay Regional Park 

14 District to establish and operate a facility for visitor ori15 entation and parking, administrative offices, and curato16 rial storage for the Port Chicago Naval Magazine National 

17 Memorial.’’; and 

18 (3) in subsection (f), (as redesignated by para19 graph (1)), by striking ‘‘Secretary of the Navy to 

20 provide public access to the Memorial’’ and inserting 

21 ‘‘Secretary of Defense to provide the maximum prac22 ticable public access to the Memorial without inter23 fering with military needs’’. 


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1 SEC. 3. SENSE OF CONGRESS ON REMEDIATION AND RE2 PAIR OF PORT CHICAGO NAVAL MAGAZINE 

3 NATIONAL MEMORIAL. 

4 (a) REMEDIATION.—It is the sense of Congress that, 

5 to facilitate the transfer of administrative jurisdiction de6 scribed in subsection (d) of section 203 of the Port Chi7 cago National Memorial Act of 1992 (16 U.S.C. 431 note; 

8 Public Law 102–562; 106 Stat. 4235) (as added by sec9 tion 2), the Secretary of Defense should promptly reme10 diate any remaining environmental contamination relating 

11 to the land. 

12 (b) REPAIR.—It is the sense of Congress that, in 

13 order to preserve the Port Chicago Naval Magazine Na14 tional Memorial for future generations, the Secretary of 

15 Defense and the Secretary of the Interior should work to16 gether to— 

17 (1) repair storm damage to the Port Chicago 

18 Naval Magazine National Memorial; and 

19 (2) develop a process by which future repairs 

20 and necessary modifications to the Memorial can be 

21 achieved in as timely and cost-effective a manner as 

22 possible. 

23 SEC. 4. EFFECT. 

24 Nothing in this Act or the amendments made by this 

25 Act affects or limits the application of, or obligation to 

26 comply with, any environmental law, including section 


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1 120(h) of the Comprehensive Environmental Response, 

2 Compensation, and Liability Act of 1980 (42 U.S.C. 

3 9620(h)). 

Æ 


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