[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6879 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6879

 To provide for the administration and operation of the infrastructure 
and the public visitation program of Midway Atoll by the private sector 
at minimal cost to the Federal Government by terminating the exclusive 
 jurisdiction of the United States Fish and Wildlife Service over the 
 Midway Atoll and vesting such jurisdiction in a Board of Governors of 
               the Midway Atoll, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2018

   Mr. Duncan of Tennessee introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the administration and operation of the infrastructure 
and the public visitation program of Midway Atoll by the private sector 
at minimal cost to the Federal Government by terminating the exclusive 
 jurisdiction of the United States Fish and Wildlife Service over the 
 Midway Atoll and vesting such jurisdiction in a Board of Governors of 
               the Midway Atoll, 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 ``Midway Atoll Trust Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The most decisive battle of World War II took place at 
        the Midway Atoll on June 4, 1942.
            (2) In 1993, the Navy determined that 78 properties at the 
        Midway Atoll were eligible, including the nine properties that 
        were designated as National Historic Landmarks in 1987, for 
        inclusion in the National Register of Historic Places.
            (3) The Midway Atoll was designated a National Memorial in 
        2000.
            (4) The Midway Atoll has been managed by a public/private 
        partnership through the Midway Phoenix Corporation (1996-2002) 
        at minimal expense to the Federal Government.
            (5) The Midway Atoll was declared a national wildlife 
        refuge in 1996.
            (6) The Midway Atoll has been closed to public visitation 
        since November 2012.
            (7) The Government Accountability Office investigation 
        reported in 2016 that three historic properties at the Midway 
        Atoll were destroyed without proper consultation.
            (8) The United States Fish and Wildlife Service disregarded 
        until 2015 the requirements of section 126 of the Department of 
        the Interior and Related Agencies Appropriations Act, 2000 (113 
        Stat. 1501A-164), which specifically directed the Secretary of 
        the Interior to consult with the International Midway Memorial 
        Foundation on a regular basis regarding the management of 
        Midway Atoll National Memorial.
            (9) The United States Fish and Wildlife Service continues 
        to demolish buildings and structures at the Midway Atoll by 
        failing to maintain them.
            (10) The Government Accountability Office was not able to 
        prepare a report on the finances of Midway Atoll because the 
        budget data available from the United States Fish and Wildlife 
        Service from 2009 through 2015 was of undetermined reliability 
        for the purposes of submitting an evaluation.

SEC. 3. TRANSFER OF AUTHORITY OVER MIDWAY ATOLL.

    All administrative jurisdiction and authority of the Department of 
the Interior to manage national wildlife refuges on the Midway Atoll 
under the National Wildlife Refuge System Administration Act of 1966 
(16 U.S.C. 668dd, 668ee) and any other Federal law is transferred to 
and vested in the Board of Governors of the Midway Atoll established 
under section 4.

SEC. 4. MIDWAY ATOLL TRUST.

    (a) Establishment.--There is established the Midway Atoll Trust (in 
this section referred to as the ``Trust'') to oversee the operations of 
Midway Atoll.
    (b) Authorities.--
            (1) In general.--The Trust may award and manage contracts 
        to provide for the management and operation of Midway Atoll.
            (2) Board of governors approval required.--All policies and 
        decisions of the Trust relating to the management of Midway 
        Atoll shall be subject to the approval by the Board of 
        Governors of the Midway Atoll.
    (c) Board of Governors.--
            (1) Establishment.--There is established the Board of 
        Governors of the Midway Atoll (in this Act referred to as the 
        ``Board''), consisting of--
                    (A) one member appointed by the Director of the 
                National Park Service;
                    (B) one member appointed by the International 
                Midway Memorial Foundation;
                    (C) one member appointed by the Secretary of the 
                Navy;
                    (D) one member appointed by the Federal Aviation 
                Association;
                    (E) one member appointed by the Commandant of the 
                Coast Guard; and
                    (F) one member appointed by the Director of the 
                United States Fish and Wildlife Service.
            (2) Duties.--The Board shall--
                    (A) ensure that--
                            (i) the Midway Atoll is efficiently 
                        operated, from both a financial and 
                        administrative standpoint; and
                            (ii) administration of the Midway Atoll as 
                        a National Memorial is a priority equivalent to 
                        the priority of its administration as a 
                        national wildlife refuge;
                    (B) secure a private sector entity to operate and 
                maintain the infrastructure of the Midway Atoll and the 
                public visitation program of the Midway Atoll, and 
                ensure that--
                            (i) the private sector is the main vehicle 
                        for making the Midway Atoll solvent and 
                        profitable; and
                            (ii) the private sector operates and 
                        maintains the infrastructure and public 
                        visitation program at the Midway Atoll on a 
                        for-profit basis at minimal cost to the 
                        Government;
                    (C) ensure that public visitation on Midway Atoll 
                is restored and conducted by the private sector; and
                    (D) ensure that Midway Atoll continues to operate 
                as an emergency alternate landing field for trans-
                Pacific flights.
            (3) Powers.--The Board--
                    (A) shall have all necessary and proper powers for 
                the exercise of its authorities; and
                    (B) may enter into contracts with private sector 
                entities for the operation of the Midway Atoll.
            (4) Chairman.--The Board shall have a Chairman who shall be 
        selected annually by the Board from among its members in 
        consecutive order.
            (5) Annual report.--
                    (A) In general.--The Chairman of the Board shall 
                submit annually to the Committee on Natural Resources 
                of the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate a report on 
                the financial and operational activities relating to 
                the Midway Atoll.
                    (B) Member assessments.--Each member of the Board 
                shall annually submit his or her assessment of such 
                activities to the Chairman before the Chairman submits 
                each report under subparagraph (A).
            (6) Compensation and expenses.--Members of the Board shall 
        serve without compensation for their service on the Board 
        services, but shall be reimbursed for actual and necessary 
        travel and subsistence expenses incurred by them in the 
        performance of their duties.
            (7) Attendance of meetings by contractors.--Any person who 
        enters into a contract with the Trust to carry out operations 
        of Midway Atoll may attend meetings of the Board, but shall not 
        have authority to vote in such meetings.
    (d) Executive Director and Staff.--The Trust shall have--
            (1) an executive director appointed by the Board;
            (2) senior managers who have experience in management, 
        finance, historical preservation, fish and wildlife 
        conservation, and airport management; and
            (3) such additional staff as are necessary to properly 
        manage Midway Atoll.

SEC. 5. RESTORATION OF DEMOLISHED INFRASTRUCTURE.

    (a) In General.--The Director of the United States Fish and 
Wildlife Service shall restore all infrastructure of the Midway Atoll 
that has been demolished and is necessary for public visitation on the 
Midway Atoll.
    (b) Fuel Tanks.--Such restoration shall include replacement of two 
(2,000,000 gallon) fuel tanks that are essential for the sale of fuel 
and for the financial viability of the Midway Atoll.

SEC. 6. GAO STUDY.

    The Comptroller General of the United States shall, every three 
years, conduct a comprehensive study of all activities on the Midway 
Atoll and report on such study to the Committee on Energy and Natural 
Resources, the Committee on Appropriations, and the Committee on 
Environment and Public Works of the Senate and Committee on Natural 
Resources and the Committee on Appropriations of the House of 
Representatives.
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