[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1098 Introduced in Senate (IS)]

  1st Session
                                S. 1098

 To establish the Midway Islands as a National Memorial, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 31 (legislative day, July 10), 1995

  Mr. Helms (for himself and Mr. Dole) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Midway Islands as a National Memorial, and for other 
                               purposes.
    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 ``Battle of Midway National Memorial 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) September 2, 1995, marks the 50th anniversary of the 
        United States victory over Japan in World War II.
            (2) The Battle of Midway proved to be the turning point in 
        the war in the Pacific, as United States Navy forces inflicted 
        such severe losses on the Imperial Japanese Navy during the 
        battle that the Imperial Japanese Navy never again took the 
        offensive against United States or allied forces.
            (3) During the Battle of Midway, an outnumbered force of 
        the United States Navy, consisting of 29 ships and other units 
        of the Armed Forces under the command of Admiral Nimitz and 
        Admiral Spruance, out-maneuvered and out-fought 350 ships of 
        the Imperial Japanese Navy.
            (4) It is in the public interest to erect a memorial to the 
        Battle of Midway that is suitable to express the enduring 
        gratitude of the American people for victory in the battle and 
        to inspire future generations of Americans with the heroism and 
        sacrifice of the members of the Armed Forces who achieved that 
        victory.

SEC. 3. ESTABLISHMENT.

    (a) In General.--There is established the Battle of Midway National 
Memorial (referred to in this Act as the ``Memorial'').
    (b) Lease of Land.--The Secretary of the Navy shall lease to the 
International Midway Memorial Foundation, Inc. (referred to in this Act 
as the ``Foundation''), for use as a Memorial for the Battle of Midway, 
the lands (including any equipment, facilities, infrastructure, and 
other improvements to such lands) and waters of the Midway Islands that 
are owned by the United States, are within the jurisdiction of the 
Secretary, and are designated as historic landmarks.
    (c) Terms and Conditions of Lease.--
            (1) Term of lease.--The lease under this subsection shall 
        be for a term of 99 years.
            (2) Consideration.--As consideration for the lease under 
        this subsection, the Foundation shall pay to the United States 
        the amount of $1 per year for each year of the term of the 
        lease. The Secretary shall deposit the amount in the Treasury 
        as miscellaneous receipts.
    (d) Management.--In managing the Memorial, the Foundation shall--
            (1) determine the boundaries of all properties, including 
        those comprising the airstrip on Eastern Island, bunkers, cable 
        buildings, and gun emplacements on the Midway Atolls, which the 
        Secretary of the Interior shall designate as historic landmarks 
        open to the public;
            (2) maintain the lands (including any equipment, 
        facilities, infrastructure, and other improvements to such 
        lands) and waters that are so designated;
            (3) continue management of the remainder of Midway Atolls 
        as a wildlife refuge;
            (4) provide for use of the waters, shoals, and reefs 
        adjacent to the Midway Islands consistent with protection of 
        the natural habitat of the Hawaiian monk seal and the green sea 
        turtle;
            (5) allow facilities on Sand Island to continue to function 
        as--
                    (A) a Coast Guard air-sea rescue facility;
                    (B) a commercial air terminal;
                    (C) a private and contract aircraft refueling site; 
                and
                    (D) a seaport facility;
            (6) at its discretion, erect such structures and facilities 
        on Sand Island as the Foundation considers necessary to support 
        visitors to the Memorial; and
            (7) establish a Battle of Midway Memorial Museum on Sand 
        Atoll.
    (e) Access Requirements.--
            (1) Access by foundation.--The Secretary shall provide the 
        Foundation such access to the lands and waters covered by the 
        lease under subsection (b) as the Foundation shall require in 
        order to improve, operate, and maintain the Memorial.
            (2) Access by others.--The Secretary shall not limit the 
        number of members of the public who may have access to the 
        Midway Islands or to the Memorial established under this Act.
    (f) Performance of Functions Under Contract.--The Foundation may 
perform any of its functions under this Act through contracts with 
private entities under such terms and conditions as the Foundation 
considers to be in the best interests of the Memorial, including 
provisions for payment of a portion of the revenues derived from 
operations under contract into the fund established under subsection 
(h) in appropriate amounts to assist in the accomplishment of the 
purposes described in paragraph (3) of that subsection.
    (g) Advisory Assistance for Foundation.--The Secretary shall 
appoint an advisory board which shall provide advisory services to the 
Foundation for the Memorial. The Secretary shall appoint as members of 
the advisory board the following:
            (1) Appropriate employees of the Department of Defense.
            (2) In consultation with the Secretary of the Interior, 
        appropriate employees of the United States Fish and Wildlife 
        Service and of the National Park Service.
            (3) In consultation with the Secretary of Transportation, 
        appropriate employees of the Coast Guard.
            (4) Individuals from the private sector.
            (5) Members of the Foundation.
    (h) Battle of Midway Memorial Fund.--
            (1) Establishment.--The Foundation shall establish a fund 
        to be known as the ``Battle of Midway Memorial Fund'' (referred 
        to in this section as the ``Fund'').
            (2) Transfers into the fund.--There shall be transferred 
        quarterly into the Fund--
                    (A) user fees and other revenues collected directly 
                by the Foundation;
                    (B) payments required by contracts under subsection 
                (f); and
                    (C) donations received from private sources.
            (3) Purposes.--The Foundation may use amounts in the Fund 
        to pay the costs of making capital improvements to, 
        maintaining, and operating the Memorial.
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