[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3253 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Port Chicago Naval Magazine National 
Memorial Enhancement Act of 2008''.

SEC. 2. PORT CHICAGO NAVAL MAGAZINE NATIONAL MEMORIAL.

    Section 203 of the Port Chicago National Memorial Act of 1992 
(Public Law 102-562; 16 U.S.C. 431; 106 Stat. 4235) is amended--
            (1) by redesignating subsection (c) as subsection (f);
            (2) by inserting after subsection (b) the following new 
        subsections:
    ``(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.). Land transferred to the administrative jurisdiction of the 
Secretary of the Interior under subsection (d) shall be administered in 
accordance with this subsection.
    ``(d) Transfer of Land.--The Secretary of Defense shall transfer a 
parcel of land, consisting of approximately 5 acres, 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, to the administrative jurisdiction of the Secretary of the 
Interior if--
            ``(1) the Secretary of Defense determines that the land is 
        excess to military needs;
            ``(2) the Administrator of the Environmental Protection 
        Agency determines that all environmental remedial, removal, and 
        other actions necessary to protect human health and the 
        environment from any release or threatened release of a 
        hazardous substance, or other environmental contamination 
        related to the site, have been taken before the date of such 
        transfer in accordance with the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601 et seq.) and other applicable laws; and
            ``(3) the Administrator of the Environmental Protection 
        Agency determines before the property transfer, with the 
        concurrence of the Secretary of the Interior, that the property 
        is suitable for the use contemplated consistent with the 
        protection of human health and the environment.
    ``(e) Additional Response.--If the Administrator of the 
Environmental Protection Agency determines that additional response 
action is necessary after the date of transfer, it shall be conducted 
by the Secretary of Defense.
    ``(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.''; and
            (3) in subsection (f) (as redesignated by paragraph (1)), 
        by striking ``Secretary of the Navy to provide public access to 
        the Memorial.'' and inserting ``Secretary of Defense to provide 
        as much public access as possible to the Memorial without 
        interfering with military needs.''.

SEC. 3. SENSE OF CONGRESS ON REMEDIATION AND REPAIR OF PORT CHICAGO 
              NAVAL MAGAZINE NATIONAL MEMORIAL.

    (a) Remediation.--It is the sense of Congress that, in order to 
facilitate the land transfer described in subsection (d) of section 203 
of the Port Chicago National Memorial Act of 1992, as added by section 
2, the Secretary of Defense should promptly remediate remaining 
environmental contamination related to the land.
    (b) Repair.--It is the sense of Congress that, in order to preserve 
the Port Chicago Naval Magazine National Memorial for future 
generations, the Secretary of Defense and the Secretary of the Interior 
should work together to--
            (1) repair storm damage to the Port Chicago site; and
            (2) develop a process by which future repairs and necessary 
        modifications to the site can be achieved in as timely and 
        cost-effective a manner as possible.

SEC. 4. SAVINGS CLAUSE.

    Nothing in this Act, or the amendments made by this Act, affects or 
limits the application of, or obligation to comply with, any 
environmental law, including section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)).
                                 <all>