[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 940 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 940

   To provide for a study of the establishment of Midway Atoll as a 
   national memorial to the Battle of Midway, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 1997

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

_______________________________________________________________________

                                 A BILL


 
   To provide for a study of the establishment of Midway Atoll as a 
   national memorial to the Battle of Midway, 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 the ``Battle of Midway National Memorial 
Act''.

SEC. 2. FINDINGS.

    The Senate makes the following findings:
            (1) September 2, 1997, marks the 52d 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 on June 4, 1942, 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 establish Midway Atoll 
        as a national memorial to the Battle of Midway 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. SENSE OF THE SENATE.

    It is the sense of the Senate that--
            (1) Midway Atoll and the surrounding seas deserve to be a 
        national memorial;
            (2) the historical significance of the Battle of Midway 
        deserves more recognition;
            (3) the historic structures on Midway Atoll deserve to be 
        protected and maintained;

SEC. 4. STUDY OF THE ESTABLISHMENT OF MIDWAY ATOLL AS A NATIONAL 
              MEMORIAL TO THE BATTLE OF MIDWAY.

    (a) In General.--Not later than six months after the date of 
enactment of this Act, the Secretary of the Interior shall, acting 
through the Director of the National Park Service and in consultation 
with the Director of the United States Fish and Wildlife Service, the 
International Midway Memorial Foundation, Inc. (hereafter referred to 
as the ``Foundation''), and Midway Phoenix Corporation, carry out a 
study of the feasibility and advisability of establishing Midway Atoll 
as a national memorial to the Battle of Midway.
    (b) Considerations.--In studying the establishment of Midway Atoll 
as a national memorial to the Battle of Midway under subsection (a), 
the Secretary shall consider the following:
            (1) Whether, and under what conditions, to lease or 
        otherwise allow the Foundation or another appropriate 
        organization to administer, maintain, and utilize fully for use 
        as a national memorial to the Battle of Midway the lands 
        (including any equipment, facilities, infrastructure, and other 
        improvements) and waters of Midway Atoll.
            (2) Whether, and under what circumstances the needs and 
        requirements of the wildlife refuge should take precedence over 
        the needs and requirements of a national memorial on Midway 
        Atoll.
            (3) Whether, and under what conditions, to permit the use 
        of the facilities on Sand Island for purposes other than a 
        wildlife refuge or a national memorial.
            (4) Whether to impose conditions on public access to Midway 
        Atoll as a national memorial.
    (c) Report.--Upon completion of the study required under subsection 
(a), the Secretary shall submit to Congress a report on the study, 
including any recommendations for further legislative action. The 
report shall also include an inventory of all past and present 
structures of historic significance on Midway Atoll.

SEC. 5. RULE OF STATUTORY CONSTRUCTION.

    Nothing under this Act should be construed to delay or inhibit 
discussions between the Foundation and the United States Fish and 
Wildlife Service or any other government entity regarding the future 
role of the Foundation on Midway Atoll.
                                 <all>