[Congressional Record (Bound Edition), Volume 154 (2008), Part 3]
[House]
[Pages 3087-3089]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PORT CHICAGO NAVAL MAGAZINE NATIONAL MEMORIAL ENHANCEMENT ACT OF 2008

  Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3111) to provide for the administration of Port Chicago 
Naval Magazine National Memorial as a unit of the National Park System, 
and for other purposes, as amended.
  The Clerk read the title of the bill.

[[Page 3088]]

  The text of the bill is as follows:

                               H.R. 3111

       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 the Secretary of Defense determines that--
       ``(1) the land is excess to military needs; and
       ``(2) all environmental remediation actions necessary to 
     respond to environmental contamination related to the land 
     have been completed in accordance with the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.) and other applicable laws.
       ``(e) 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
West Virginia (Mr. Rahall) and the gentleman from Utah (Mr. Bishop) 
each will control 20 minutes.
  The Chair recognizes the gentleman from West Virginia.


                             General Leave

  Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  Mr. RAHALL. Mr. Speaker, I am pleased to bring to the House for its 
consideration this legislation that's sponsored by the former chairman 
of the Committee on Natural Resources and current chairman of the 
Committee on Education and Labor, Representative George Miller.
  This bill provides that the Port Chicago Naval Magazine Memorial be 
managed as a unit of the National Park System. Currently, the area is 
managed as an affiliated site by the National Park Service.
  On July 17, 1944, 320 men, 202 of whom were African American sailors, 
were killed in an explosion at the Port Chicago Navy ammunition loading 
base in the San Francisco Bay area. This was the largest homeland 
disaster during World War II.
  In 1992, Congress designated the Port Chicago Naval Magazine 
Memorial. The pending measure furthers that commitment by providing 
that the Port Chicago Naval Magazine Memorial be managed as a unit of 
the National Park System.
  Mr. Speaker, I urge support for H.R. 3111, and I submit the following 
exchange of letters for the Record.

                                         House of Representatives,


                                  Committee on Armed Services,

                                 Washington, DC, January 31, 2008.
     Hon. Nick J. Rahall II,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Mr. Chairman: On October 10, 2007, the Committee on 
     Natural Resources ordered H.R. 3111, the ``Port Chicago Naval 
     Magazine National Memorial Enhancement Act of 2007,'' to be 
     reported. As you know, this measure contains certain 
     provisions that are within the jurisdiction of the Committee 
     on Armed Services, and thus, was sequentially referred to the 
     Committee on Armed Services by the Parliamentarian for the 
     House.
       Our Committee recognizes the importance of H.R. 3111 and 
     the need for the legislation to move expeditiously. 
     Therefore, while we have a valid claim to jurisdiction over 
     this legislation, the Committee on Armed Services will waive 
     further consideration of H.R. 3111. I do so with the 
     understanding that by waiving further consideration of the 
     bill, the Committee does not waive any future jurisdictional 
     claims over similar measures. In the event of a conference 
     with the Senate on this bill, the Committee on Armed Services 
     reserves the right to seek the appointment of conferees,
       I would appreciate the inclusion of this letter and a copy 
     of the response in your Committee's report on H.R. 3111 and 
     the Congressional Record during consideration of the measure 
     on the House floor.
           Very truly yours,
                                                      Ike Skelton,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                                 Washington, DC, February 5, 2008.
     Hon. Ike Skelton,
     Chairman, Committee on Armed Services,
     Washington, DC.
       Dear Mr. Chairman: Thank you for your willingness to 
     expedite floor consideration of H.R. 3111, which provides for 
     the administration of the Port Chicago Naval Magazine 
     National Memorial as a unit of the National Park System.
       I appreciate your willingness to waive rights to further 
     consideration of H.R. 3111, and am pleased that mutually 
     agreed upon language was developed for this legislation. Of 
     course, this waiver does not prejudice any further 
     jurisdictional claims by your Committee over this legislation 
     or similar language. Furthermore, I agree to support your 
     request for appointment of conferees from the Committee on 
     Armed Services if a conference is held on this matter.
       Although the Committee's report on H.R. 3111 has already 
     been filed, this exchange of letters will be inserted in the 
     Congressional Record as part of the consideration of the bill 
     on the House floor. Thank you for the cooperative spirit in 
     which you have worked regarding this matter and others 
     between our respective committees.
       With warm regards, I am
           Sincerely,
                                                Nick J. Rahall II,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I rise to speak on H.R. 3111, and I 
yield myself 15 seconds.
  The chairman has adequately explained the bill. It's a good bill.
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in support of 
the Port Chicago Naval Magazine National Memorial Enhancement Act, a 
bill that ensures that the stories of Port Chicago will be preserved 
and that the site will be properly maintained for generations to come. 
This bill will increase the National Memorial's accessibility, provide 
additional visitor services, and help ensure long-term preservation of 
the site.
  The legislation before us today is the result of months of diligent 
and collaborative effort, for which I want to thank: Chairman Nick 
Rahall of the Natural Resources Committee, and ranking member Don 
Young; Chairman Raul Grijalva of the National Parks, Forests, and 
Public Lands Subcommittee, and ranking member Rob Bishop; Chairman Ike 
Skelton of the Armed Services Committee, and ranking member Duncan 
Hunter; and the thoughtful and hard-working staff for the two 
committees, including Meghan Conklin, Dave Watkins, and David Sienicki, 
and my own legislative director, Ben Miller.

[[Page 3089]]

  The Port Chicago memorial, which is in my district, commemorates a 
very important story in American history.
  The deadly munitions explosion there on the night of July 17, 1944, 
killed more than 300 people--the worst homefront disaster of World War 
II.
  When sailors were ordered to resume work a few weeks later, most of 
them refused to return to their dangerous tasks until supervision, 
training, and working conditions were improved.
  In response, the Navy charged 50 men with conspiring to mutiny--all 
were convicted.
  The majority of the men killed while handling ordinance at Port 
Chicago, and all of those convicted of mutiny, were African-American.
  The Port Chicago story was a turning point in American history. The 
injustice strongly influenced the Navy's move toward desegregation in 
1945.
  The Port Chicago memorial tells that story, and I am proud to have 
authored the legislation designating the memorial, as I am proud to be 
involved in enhancing it with this legislation.
  At our hearing in Mr. Grijalva's subcommittee last fall, we heard 
from the National Park Service, in support of this bill; from Dr. 
Robert Allen, who literally wrote the book on Port Chicago and is a 
board member of the Friends of Port Chicago; and Mr. Eugene Sayles, who 
was a seaman first class at Port Chicago and helped to get injured men 
out of the barracks after the explosion.
  As they and others have said, the Port Chicago Naval Magazine 
National Memorial tells a critical story in our civil rights and 
military history, and with this legislation, we are ensuring that more 
Americans will hear the Port Chicago story.
  The National Parks Conservation Association has also strongly 
supported this legislation, pointing to the ``broad local and national 
support'' for the effort, and noting that the Port Chicago memorial 
deserves elevation to its ``rightful place as a fully-fledged unit of 
the National Park System.''
  The new designation under this bill brings with it increased 
stature--and more importantly, the Park Service will be able to budget 
for the memorial's needs.
  In addition, the bill provides for an interpretive center for the 
Memorial--this facility will allow school groups, families, and other 
visitors to learn about Port Chicago even if they can't access the 
site, which is located within the Concord Naval Weapons Station.
  Again, I want to thank Chairman Grijalva, Chairman Rahall, Chairman 
Skelton, and their staff for helping us bring this important 
legislation to the floor today.
  Mr. BISHOP of Utah. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from West Virginia (Mr. Rahall) that the House suspend the 
rules and pass the bill, H.R. 3111, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________