[House Report 110-506]
[From the U.S. Government Printing Office]



110th Congress                                            Rept. 110-506
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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             PORT CHICAGO NAVAL MAGAZINE NATIONAL MEMORIAL
                        ENHANCEMENT ACT OF 2007

                                _______
                                

               December 19, 2007.--Ordered to be printed

                                _______
                                

         Mr. Rahall, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3111]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
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, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3111 is to provide for the 
administration of Port Chicago Naval Magazine National Memorial 
as a unit of the National Park System, and for other purposes.

                  Background and Need for Legislation

    On July 17, 1944, 320 men, 202 of whom were African-
American sailors, were killed at an explosion at the Port 
Chicago Navy ammunition loading base in the San Francisco Bay 
Area. This was the largest homeland disaster during WWII. The 
blast also wounded hundreds more sailors, and damaged and 
destroyed merchant ships, the pier, a train, and the buildings 
of Port Chicago. The seismic shock wave was felt as far away as 
Boulder City, Nevada.
    Less than a month after the tragedy, sailors were ordered 
to resume work at a new site only a few miles away. Reflecting 
the racial segregation of the military at the time, the 
officers were all white, and the sailors were African-American. 
Most of the sailors refused to go back to work under dangerous 
conditions until supervision, training, and working conditions 
were improved. Of the 328 men in the battalion, 258 sailors 
refused to load ammunition. In the end, the Navy ordered 208 
sailors to face summary court martial, and they were sentenced 
to bad conduct discharges. The remaining 50 were singled out 
for general court martial on the grounds of mutiny. The 
sentence could have been death, but in the end they were 
sentenced to between eight and fifteen years of imprisonment 
and received dishonorable discharges. The convictions sparked 
public protests and drew attention to racism in the military. 
These events were a turning point in the nation's history of a 
segregated military and racial inequality, and strongly 
influenced the Navy's move towards desegregation in 1945.
    In 1992, Congress enacted Public Law 102-562, legislation 
authored by Representative George Miller (D-CA), to designate 
the Port Chicago Naval Magazine National Memorial. The Port 
Chicago Naval Magazine National Memorial is managed by the 
National Park Service as an affiliated area. On December 23, 
1999, President Clinton pardoned Freddie Meeks of Los Angeles, 
one of the few living members of the convicted group of 50.
    H.R. 3111 provides that the Port Chicago Naval Magazine 
National Memorial be managed as a unit of the National Park 
System. In gaining stature as a unit of the National Park 
System, the Port Chicago Naval Magazine National Memorial will 
have its own budget, and be able to establish a visitor center.

                            Committee Action

    H.R. 3111 was introduced on July 19, 2007 by Representative 
George Miller (D-CA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on National Parks, Forests and Public Lands. The bill was also 
referred to the Committee on Armed Services. On September 27, 
2007, the Subcommittee held a hearing on the bill. On October 
10, 2007, the Full Natural Resources Committee met to consider 
the bill. The bill was ordered favorably reported to the House 
of Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 cites the Act as the ``Port Chicago Naval 
Magazine National Memorial Enhancement Act of 2007''.

Section 2. Port Chicago Naval Magazine National Memorial

    Section 2 requires that the Secretary of the Interior 
administer the Port Chicago Naval Magazine National Memorial as 
a unit of the National Park System. Section 2 of the bill 
further requires that should the Secretary of Defense determine 
that the land in the proposed boundary is excess to military 
needs, it shall be transferred to the administrative 
jurisdiction of the Secretary of the Interior (DOD currently 
owns the land despite DOI's management of the memorial). 
Section 2 also authorizes the Secretary of the Interior to 
enter into an agreement with the City of Concord to establish 
and operate a visitor orientation facility.

Section 3. Sense of Congress

    Section 3 expresses the sense of Congress that the 
Secretary of Defense and the Secretary of the Interior should 
repair storm damage to the Port Chicago site, and develop a 
process by which future repairs can be achieved in a timely and 
cost-effective manner.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

               Congressional Budget Office Cost Estimate


H.R. 3111--Port Chicago Naval Magazine National Memorial Enhancement 
        Act of 2007

    H.R. 3111 would direct the Department of the Interior to 
manage the Port Chicago Naval Magazine National Memorial in 
California as a unit of the National Park System. The bill 
would direct the Department of Defense (DoD) to transfer 
administrative jurisdiction of the 5-acre site to the National 
Park Service (NPS) whenever DoD determines that the site is not 
needed for military purposes. Finally, the bill would authorize 
the NPS to execute an agreement with Concord, California. As a 
result of this provision, the city would provide space for 
administrative and visitor facilities.
    Assuming the availability of appropriated funds, CBO 
estimates that it would cost the NPS about $200,000 a year to 
operate the memorial as a park unit. Based on information 
provided by the agency, we expect that most of this amount 
would be used for additional staff. Enacting the bill would not 
affect revenues or direct spending.
    H.R. 3111 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director of the Budget Analysis Division.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 3111 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

     SECTION 203 OF THE PORT CHICAGO NATIONAL MEMORIAL ACT OF 1992

                TITLE II--PORT CHICAGO NATIONAL MEMORIAL

SEC. 201. SHORT TITLE.

  This title may be referred to as the ``Port Chicago National 
Memorial Act of 1992''.

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SEC. 203. PORT CHICAGO NATIONAL MEMORIAL.

  (a) * * *

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  (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.).
  (d) Transfer of Land.--Notwithstanding any other provision of 
law, whenever the Secretary of Defense determines that the land 
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, is excess to 
military needs, the Secretary of Defense shall transfer the 
land, which consists of approximately 5 acres, to the 
administrative jurisdiction of the Secretary of the Interior, 
who shall administer the property in accordance with subsection 
(c).
  (e) Environmental Remediation.--As part of the transfer under 
subsection (d), the Secretary of Defense shall perform, in 
accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) and other applicable laws, all environmental remediation 
actions necessary to respond to environmental contamination 
attributable to former military activities on the property.
  (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.
  [(c)] (g) Public Access.--The Secretary of the Interior shall 
enter into a cooperative agreement with the Secretary of the 
Navy to provide for public access to the Memorial.

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