II 111th CONGRESS 1st Session S. 1469 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.

Short title

This Act may be cited as the Port Chicago Naval Magazine National Memorial Enhancement Act of 2009.

2.

Port Chicago Naval Magazine National Memorial

Section 203 of the Port Chicago National Memorial Act of 1992 (16 U.S.C. 431 note; Public Law 102–562; 106 Stat. 4235) is amended— (1)by redesignating subsection (c) as subsection (f); (2)by inserting after subsection (b) the following: (c)

Administration

(1)

In general

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— (A)this Act; and (B)the laws generally applicable to units of the National Park System, including— (i)the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (ii)the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2)

Administered land

The land described in subsection (d)(2) shall be administered in accordance with this subsection. (d)

Transfer of land

(1)

In general

The Secretary of Defense shall enter into a memorandum of understanding with the Secretary of the Interior providing for the transfer, without consideration, of administrative jurisdiction to the Secretary of the Interior of the land described in paragraph (2), if the Secretary of Defense determines that the land is in excess of military needs. (2)

Description of land

The land referred to in paragraph (1) is the parcel of approximately 5 acres of land, as depicted on the map entitled Port Chicago Naval Magazine National Memorial, Proposed Boundary, numbered 018/80,001, and dated August 2005. (e)

Agreement with City of Concord and East Bay Regional Park District

The Secretary of the Interior may 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 Port Chicago Naval Magazine National 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 the maximum practicable public access 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, to facilitate the transfer of administrative jurisdiction described in subsection (d) of section 203 of the Port Chicago National Memorial Act of 1992 (16 U.S.C. 431 note; Public Law 102–562; 106 Stat. 4235) (as added by section 2), the Secretary of Defense should promptly remediate any remaining environmental contamination relating 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 Naval Magazine National Memorial; and (2)develop a process by which future repairs and necessary modifications to the Memorial can be achieved in as timely and cost-effective a manner as possible.

4.

Effect

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)).