II 

110TH CONGRESS 

2D SESSION S. 3253 

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 10 (legislative day, JULY 9), 2008 

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 2008’’. 

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

8 Section 203 of the Port Chicago National Memorial 

9 Act of 1992 (Public Law 102–562; 16 U.S.C. 431; 106 

10 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 new subsections: 

5 ‘‘(c) ADMINISTRATION.—The Secretary of the Inte6 rior shall administer the Port Chicago Naval Magazine 

7 National Memorial as a unit of the National Park System 

8 in accordance with this Act and laws generally applicable 

9 to units of the National Park System, including the Na10 tional Park Service Organic Act (39 Stat. 535; 16 U.S.C. 

11 1 et seq.) and the Act of August 21, 1935 (49 Stat. 666; 

12 16 U.S.C. 461 et seq.). Land transferred to the adminis13 trative jurisdiction of the Secretary of the Interior under 

14 subsection (d) shall be administered in accordance with 

15 this subsection. 

16 ‘‘(d) TRANSFER OF LAND.—The Secretary of De17 fense shall transfer a parcel of land, consisting of approxi18 mately 5 acres, depicted within the proposed boundary on 

19 the map titled ‘Port Chicago Naval Magazine National 

20 Memorial, Proposed Boundary’, numbered 018/80,001, 

21 and dated August 2005, to the administrative jurisdiction 

22 of the Secretary of the Interior if— 

23 ‘‘(1) the Secretary of Defense determines that 

24 the land is excess to military needs; 


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1 ‘‘(2) the Administrator of the Environmental 

2 Protection Agency determines that all environmental 

3 remedial, removal, and other actions necessary to 

4 protect human health and the environment from any 

5 release or threatened release of a hazardous sub6 stance, or other environmental contamination related 

7 to the site, have been taken before the date of such 

8 transfer in accordance with the Comprehensive Envi9 ronmental Response, Compensation, and Liability 

10 Act of 1980 (42 U.S.C. 9601 et seq.) and other ap11 plicable laws; and 

12 ‘‘(3) the Administrator of the Environmental 

13 Protection Agency determines before the property 

14 transfer, with the concurrence of the Secretary of 

15 the Interior, that the property is suitable for the use 

16 contemplated consistent with the protection of 

17 human health and the environment. 

18 ‘‘(e) ADDITIONAL RESPONSE.—If the Administrator 

19 of the Environmental Protection Agency determines that 

20 additional response action is necessary after the date of 

21 transfer, it shall be conducted by the Secretary of Defense. 

22 ‘‘(f) AGREEMENT WITH CITY OF CONCORD AND

23 EAST BAY REGIONAL PARK DISTRICT.—The Secretary of 

24 the Interior is authorized to enter into an agreement with 

25 the City of Concord, California, and the East Bay ReVerDate Aug 31 2005 04:11 Jul 12, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3253.IS S3253

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1 gional Park District, to establish and operate a facility 

2 for visitor orientation and parking, administrative offices, 

3 and curatorial storage for the Memorial.’’; and 

4 (3) in subsection (f) (as redesignated by para5 graph (1)), by striking ‘‘Secretary of the Navy to 

6 provide public access to the Memorial.’’ and insert7 ing ‘‘Secretary of Defense to provide as much public 

8 access as possible to the Memorial without inter9 fering with military needs.’’. 

10 SEC. 3. SENSE OF CONGRESS ON REMEDIATION AND RE11 PAIR OF PORT CHICAGO NAVAL MAGAZINE 

12 NATIONAL MEMORIAL. 

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

14 in order to facilitate the land transfer described in sub15 section (d) of section 203 of the Port Chicago National 

16 Memorial Act of 1992, as added by section 2, the Sec17 retary of Defense should promptly remediate remaining 

18 environmental contamination related to the land. 

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

20 order to preserve the Port Chicago Naval Magazine Na21 tional Memorial for future generations, the Secretary of 

22 Defense and the Secretary of the Interior should work to23 gether to— 

24 (1) repair storm damage to the Port Chicago 

25 site; and 


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1 (2) develop a process by which future repairs 

2 and necessary modifications to the site can be 

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

4 possible. 

5 SEC. 4. SAVINGS CLAUSE. 

6 Nothing in this Act, or the amendments made by this 

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

8 comply with, any environmental law, including section 

9 120(h) of the Comprehensive Environmental Response, 

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

11 9620(h)). 

Æ 


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