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





                                                       Calendar No. 228

105th CONGRESS

  1st Session

                                 S. 940

                          [Report No. 105-114]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 28, 1997

                       Reported with an amendment





                                                       Calendar No. 228
105th CONGRESS
  1st Session
                                 S. 940

                          [Report No. 105-114]

   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

                            October 28, 1997

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited the ``Battle of Midway National 
Memorial Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Senate makes the following findings:</DELETED>
        <DELETED>    (1) September 2, 1997, marks the 52d anniversary 
        of the United States victory over Japan in World War 
        II.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. SENSE OF THE SENATE.</DELETED>

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

<DELETED>SEC. 4. STUDY OF THE ESTABLISHMENT OF MIDWAY ATOLL AS A 
              NATIONAL MEMORIAL TO THE BATTLE OF MIDWAY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Whether to impose conditions on public access 
        to Midway Atoll as a national memorial.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. RULE OF STATUTORY CONSTRUCTION.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited the ``Battle of Midway National Memorial 
Study Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) September 2, 1997, marked the 52nd 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 the United States or the 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 study whether Midway 
        Atoll should be established 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.
            (5) The historic structures and facilities on Midway Atoll 
        should be protected and maintained.

SEC. 3. PURPOSE.

    The purpose of this Act is to require a study of the feasibility 
and suitability of designating the Midway Atoll as a National Memorial 
to the Battle of Midway within the boundaries of the Midway Atoll 
National Wildlife Refuge. The study of the Midway Atoll and its 
environs shall include, but not be limited to, identification of 
interpretative opportunities for the educational and inspirational 
benefit of present and future generations, and of the unique and 
significant circumstances involving the defense of the island by the 
United States in World War II and the Battle of Midway.

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 suitability and feasibility 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 address the following:
            (1) The appropriate federal agency to manage such a 
        memorial, and whether and under what conditions, to lease or 
        otherwise allow the Foundation or another appropriate entity to 
        administer, maintain, and fully utilize the lands (including 
        any equipment, facilities, infrastructure, and other 
        improvements) and waters of Midway Atoll if designated as a 
        national memorial.
            (2) Whether designation as a national memorial would 
        conflict with current management of Midway Atoll as a wildlife 
        refuge and 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 the Committee on Energy and Natural 
Resources of the United States Senate and the Committee on Resources of 
the House of Representatives, a report on the study, which shall 
include any recommendations for further legislative action. The report 
shall also include an inventory of all known past and present 
facilities and structures of historical significance on Midway Atoll 
and its environs. The report shall include a description of each 
historic facility and structure and a discussion of how each will 
contribute to the designation and interpretation of the proposed 
national memorial.

SEC. 5. CONTINUING DISCUSSIONS.

    Nothing in this Act shall be construed to delay or prohibit 
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.