II 110th CONGRESS 2d Session S. 3253 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.

Short title

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

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..

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.

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)).