[House Report 110-506]
[From the U.S. Government Publishing 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
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December 19, 2007.--Ordered to be printed
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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) * * *
* * * * * * *
(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.
* * * * * * *