[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1574 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1574

 To direct the Secretary of the Interior to replace the U.S. Fish and 
      Wildlife Service as the Federal agency responsible for the 
administration, protection and preservation of the Midway Atoll within 
    90 days after the enactment of this Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 2, 2003

   Mr. Lugar introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of the Interior to replace the U.S. Fish and 
      Wildlife Service as the Federal agency responsible for the 
administration, protection and preservation of the Midway Atoll within 
    90 days after the enactment of this Act, 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. FINDINGS.

    Congress, through section 126 of the General Provisions for the 
U.S. Department of the Interior within appendix C of the Consolidated 
Appropriations Act for Fiscal Year 2000, Public Law 106-113, directed 
the Secretary of the Interior to designate Midway Atoll as a National 
Memorial to the Battle of Midway. In so doing, Congress intended that 
Midway Atoll be preserved as a memorial to the honor and courage of 
members of the U.S. Armed Forces who participated in the critical 
battle that was the turning point of the war in the Pacific during 
World War II. The designation was accomplished via Order 3217 by the 
Secretary of the Interior on September 13, 2000. Order 3217 designated 
the U.S. Fish and Wildlife Service (USFWS) as the agency responsible 
for the development of the National Memorial.
    In reviewing the performance of the USFWS in exercising its 
responsibilities with regard to Midway Atoll and the National Memorial 
thereon, the Senate has made the following findings:
            (1) The intent of Congress in directing that Midway Atoll 
        be designated as a National Memorial to the Battle of Midway 
        has not been properly implemented by the USFWS.
            (2) Matters of historic preservation and military history 
        have been subjugated to those of the Midway Atoll National 
        Wildlife Refuge, without proper balance.
            (3) Public Law 106-113, appendix C, section 126, required 
        the Secretary of the Interior to consult with the International 
        Midway Memorial Foundation on the management of the National 
        Memorial. The Secretary has failed to do so.
            (4) The airfield on Midway Atoll is an important asset for 
        the military and civilian aircraft as an emergency airfield for 
        refueling and emergencies in the northern Pacific. It is 
        important that the airfield be maintained in a functional 
        state.
            (5) From 1996 to 2002, the USFWS had a cooperative 
        relationship with a private contractor under which the 
        contractor provided logistical support at Midway Atoll, 
        including operation and maintenance of the airfield, at no cost 
        to the Federal Government.
            (6) Apparently because of the restrictive policies of the 
        USFWS, the cooperative relationship with the private contractor 
        has been terminated. Currently, the Federal Government is 
        paying approximately $8 million annually to maintain Midway 
        Atoll. This includes only minimal availability of the airfield. 
        All commercial flights have been halted. There is no longer 
        effective public access to Midway, rendering virtually 
        meaningless the designation of Midway Atoll as a National 
        Memorial. Infrastructure support has been significantly 
        reduced.
            (7) It is important that current and future generations 
        have access to those sites associated with the great military 
        events in U.S. history. Midway Atoll is one such site. The 
        Battle of Midway is widely regarded by historians as the 
        turning point of World War II in the Pacific and arguably the 
        most pivotal engagement of the entire war. Despite Midway's 
        remote location, the Federal Government must do everything in 
        its power to permit public access to the site and properly 
        commemorate its designation as a National Memorial. To date, 
        the Government has done neither.
            (8) Subsequent to the designation of Midway Atoll as a 
        National Memorial, neither the Department of the Interior nor 
        any other agency of the Federal Government has erected any 
        signage, display, a monument or indication of any sort 
        whatsoever that Midway has been designated as a National 
        Memorial to the Battle of Midway.
            (9) Moreover, USFWS appears to have made no effort on 
        Midway Atoll to offer any kind of historical interpretation or 
        information on the Battle of Midway and its significance, or to 
        document the location and significance of the World War II 
        airfield or infrastructure.
            (10) In early February 2003, a spill of approximately 
        100,000 gallons of jet fuel occurred at Sand Island on Midway 
        Atoll. Although it appears the cause was a corroded piece of 
        equipment, at the time of the spill only one contract employee 
        was on-site to maintain and manage the fuel farm. The cost of 
        cleanup and remediation is estimated at $4.7 million.

SEC. 2. REVIEW OF ADMINISTRATION AND DESIGNATION OF REPLACEMENT AGENCY 
              BY SECRETARY OF THE INTERIOR.

    (a) Review.--Upon enactment of this Act, the Secretary of the 
Interior shall conduct a review of the administration of Midway Atoll 
and the designation of the Atoll as a National Memorial. As part of 
such review, the Secretary shall consult with the International Midway 
Memorial Foundation and other interested parties. The Secretary shall 
report the results of such review to the appropriate committees of the 
Senate and House of Representatives.
    (b) Replacement of Administering Agency.--Within 90 days of 
enactment of this Act, the Secretary shall designate another agency to 
replace the USFWS as administrator of Midway Atoll and developer of the 
National Memorial thereon.

SEC. 3. STATUS OF THE NATIONAL MEMORIAL.

    It is the intention of Congress that:
            (1) The National Memorial on Midway Atoll be given equal 
        consideration with concerns over the preservation of wildlife 
        in all matters related to the administration, development and 
        preservation of the Atoll.
            (2) Midway's airport remain in use as an alternative 
        emergency site in order to ensure the safety of civilian and 
        military aircraft in the northern Pacific region.
            (3) The public continue to have meaningful access to the 
        Atoll so as to experience and benefit from its status as both a 
        National Memorial to the Battle of Midway and a National 
        Wildlife Refuge. The Secretary shall provide for such public 
        access in the most cost-effective manner.
            (4) The fact that Midway Atoll is a National Memorial to 
        the Battle of Midway be properly displayed on Midway, and that 
        appropriate historical documentation be given to those aspects 
        of Midway's infrastructure deemed to be of historical 
        significance.
            (5) Interested organizations such as the International 
        Midway Memorial Foundation shall be consulted on a regular 
        basis on matters relating to the National Memorial.
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