[House Hearing, 113 Congress]
[From the U.S. Government Publishing Office]
IS THE MIDWAY ATOLL
NATIONAL WILDLIFE REFUGE
BEING PROPERLY MANAGED?
=======================================================================
OVERSIGHT HEARING
BEFORE THE
SUBCOMMITTEE ON FISHERIES, WILDLIFE,
OCEANS AND INSULAR AFFAIRS
OF THE
COMMITTEE ON NATURAL RESOURCES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRTEENTH CONGRESS
SECOND SESSION
__________
Thursday, November 20, 2014
__________
Serial No. 113-91
__________
Printed for the use of the Committee on Natural Resources
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___________
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COMMITTEE ON NATURAL RESOURCES
DOC HASTINGS, WA, Chairman
PETER A. DeFAZIO, OR, Ranking Democratic Member
Don Young, AK Eni F. H. Faleomavaega, AS
Louie Gohmert, TX Frank Pallone, Jr., NJ
Rob Bishop, UT Grace F. Napolitano, CA
Doug Lamborn, CO Rush Holt, NJ
Robert J. Wittman, VA Raul M. Grijalva, AZ
Paul C. Broun, GA Madeleine Z. Bordallo, GU
John Fleming, LA Jim Costa, CA
Tom McClintock, CA Gregorio Kilili Camacho Sablan,
Glenn Thompson, PA CNMI
Cynthia M. Lummis, WY Niki Tsongas, MA
Dan Benishek, MI Pedro R. Pierluisi, PR
Jeff Duncan, SC Colleen W. Hanabusa, HI
Scott R. Tipton, CO Tony Cardenas, CA
Paul A. Gosar, AZ Jared Huffman, CA
Raul R. Labrador, ID Raul Ruiz, CA
Steve Southerland, II, FL Carol Shea-Porter, NH
Bill Flores, TX Alan S. Lowenthal, CA
Jon Runyan, NJ Joe Garcia, FL
Markwayne Mullin, OK Matt Cartwright, PA
Steve Daines, MT Katherine M. Clark, MA
Kevin Cramer, ND Vacancy
Doug LaMalfa, CA
Jason T. Smith, MO
Vance M. McAllister, LA
Bradley Byrne, AL
Todd Young, Chief of Staff
Lisa Pittman, Chief Legislative Counsel
Penny Dodge, Democratic Staff Director
David Watkins, Democratic Chief Counsel
------
SUBCOMMITTEE ON FISHERIES, WILDLIFE, OCEANS
AND INSULAR AFFAIRS
JOHN FLEMING, LA, Chairman
GREGORIO KILILI CAMACHO SABLAN, CNMI, Ranking Democratic Member
Don Young, AK Eni F. H. Faleomavaega, AS
Robert J. Wittman, VA Frank Pallone, Jr., NJ
Glenn Thompson, PA Madeleine Z. Bordallo, GU
Jeff Duncan, SC Pedro R. Pierluisi, PR
Steve Southerland, II, FL Carol Shea-Porter, NH
Bill Flores, TX Alan S. Lowenthal, CA
Jon Runyan, NJ Joe Garcia, FL
Vance M. McAllister, LA Peter A. DeFazio, OR, ex officio
Bradley Byrne, AL
Doc Hastings, WA, ex officio
--------
CONTENTS
----------
Page
Hearing held on Thursday, November 20, 2014...................... 1
Statement of Members:
Bordallo, Hon. Madeleine, a Representative in Congress from
Guam....................................................... 3
Fleming, Hon. John, a Representative in Congress from the
State of Louisiana......................................... 1
Prepared statement of.................................... 2
Statement of Witnesses:
Daak, Mike, Hilo, Hawaii..................................... 13
Prepared statement of.................................... 14
D'Angelo, James M., Ph.D., USAF Retired, Chairman,
International Midway Memorial Foundation................... 21
Prepared statement of.................................... 23
Foerster, Kevin, Regional Chief, National Wildlife Refuge
System, Pacific Region, U.S. Fish and Wildlife Service..... 5
Prepared statement of.................................... 7
Jordan, Chris, Chris Jordan Photographic Arts................ 10
Prepared statement of.................................... 11
Additional Materials Submitted for the Record:
Fleming, Hon. John and Hon. John Duncan, July 8, 2014 letter
to Government Accountability Office........................ 44
Friends of Midway Atoll National Wildlife Refuge, Prepared
statement of............................................... 44
IMMF Midway Feasibility Study, a Document to Create Sound
Fiscal Policy for the Midway Atoll at no Taxpayers Expense. 48
List of documents submitted for the record retained in the
Committee's official files................................. 55
Removal Action Work Plan--Feb 2012, by NW Demolition and
Environmental, prepared for U.S. Fish & Wildlife Service
for Midway Atoll National Wildlife Refuge.................. 53
U.S. Fish & Wildlife Service, Midway Atoll National Wildlife
Refuge, Historic Preservation Plan 2010.................... 46
OVERSIGHT HEARING ON IS THE MIDWAY ATOLL NATIONAL WILDLIFE REFUGE BEING
PROPERLY MANAGED?
----------
Thursday, November 20, 2014
U.S. House of Representatives
Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs
Committee on Natural Resources
Washington, DC
----------
The subcommittee met, pursuant to call, at 11:12 a.m., in
room 1334, Longworth House Office Building, Hon. John Fleming
[Chairman of the Subcommittee] presiding.
Present: Representatives Fleming, Bordallo, Lowenthal and
Garcia.
Also Present: Representative Bentivolio.
Mr. Fleming. The subcommittee will come to order. The
Chairman notes the presence of a quorum.
Good morning. Today we will hear testimony on whether the
Fish and Wildlife Service is properly managing this unique, but
isolated, refuge, which is more than 1,200 miles northwest of
Honolulu, Hawaii.
STATEMENT OF THE HON. JOHN FLEMING, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF LOUISIANA
Mr. Fleming. As a former naval officer who was stationed in
the Pacific, I have a great appreciation and recognition of the
fact that the Battle of Midway was a pivotal battle in World
War II and one of the most decisive naval events in world
history.
Once the fighting stopped, it was clear that the efforts of
the Japanese Navy to control the Pacific had been halted, and
they were forced, in the words of Admiral Samuel Eliot Morison,
to ``an unexpected, unwelcomed, and defensive role.''
During the battle, 349 Americans, including 49 men on
Midway Island, made the ultimate sacrifice for the freedoms
that we all cherish. In 1997, the U.S. Navy transferred title
to the Midway Island to the U.S. Fish and Wildlife Service and
it was established as a national wildlife refuge.
The purpose of the refuge was to maintain and restore its
natural, biological diversity, to provide for the conservation
and management of fish and wildlife and their habitat within
the refuge boundaries, and to recognize and maintain the
historic significance of Midway Atoll.
Two years later, the Congress approved and President
Clinton signed into law a bill that designated the entire
island as a national memorial to the Battle of Midway. Section
116 of Public Law 106-113 stipulates that the Secretary shall
consult on a regular basis with such organizations, including
the International Midway Memorial Foundation, on the management
of the National Memorial.
It is now 15 years since the National Memorial has been
established and it is appropriate for the Congress to inquire
whether the purposes of the refuge in Public Law 106-113 are
being fulfilled.
For instance, has the Service consulted with the
International Midway Memorial Foundation on a regular basis?
Has the refuge been open to the public? Does the refuge have an
organized visitors program? And has the Service properly
maintained the various historic structures they are entrusted
to protect?
Based on our investigation, it is clear that the Service
has experienced a number of challenges in managing the Midway
Island Refuge, and objective observers can certainly question
whether it was a mistake to transfer this sacred ground to an
agency that is far better equipped to maintain birds than
visitors.
It is distressing to learn that the Service does not
regularly consult with the International Midway Memorial
Foundation, that the private company that operated the visitors
program left the island more than 12 years ago, that a number
of historic structures have been either destroyed or are marked
for demolition, that the refuge has been entirely closed to the
public for more than 2 years, and that, according to the
Service, it would cost $1.5 million to operate a 6-month
visitors program.
Finally, in July of this year, Congressman John Duncan and
I requested that the Government Accountability Office conduct a
comprehensive analysis and report to the Congress on the
management of the financial and historic aspects of the Midway
Atoll. I am pleased that GAO has accepted our request. I am
looking for answers from our witnesses today and from GAO in
the not-too-distant future.
[The prepared statement of Mr. Fleming follows:]
Prepared Statement of the Hon. John Fleming, Chairman, Subcommittee on
Fisheries, Wildlife, Oceans and Insular Affairs
Good morning, today we will hear testimony on whether the Fish and
Wildlife Service is properly managing this unique but isolated refuge
which is more than 1,200 miles northwest of Honolulu, Hawaii.
As a former naval officer who was stationed in the Pacific, I have
a great appreciation and recognition of the fact that the Battle of
Midway was a pivotal battle in World War II and one of the most
decisive naval events in world history.
Once the fighting stopped, it was clear that the efforts of the
Japanese Navy to control the Pacific had been halted and they were
forced in the words of Admiral Samuel Eliot Morison to ``an unexpected,
unwelcomed, and defensive role.'' During the battle, 349 Americans,
including 49 men on Midway Island, made the ultimate sacrifice for the
freedoms that we all cherish.
In 1997, the U.S. Navy transferred title to the Midway Island to
the U.S. Fish and Wildlife Service (Service) and it was established as
a national wildlife refuge. The purpose of the refuge was to ``maintain
and restore its natural biological diversity; to provide for the
conservation and management of fish and wildlife and their habitat
within the refuge boundaries; and to recognize and maintain the
historic significance of Midway Atoll.''
Two years later, the Congress approved and President Clinton signed
into law a bill that designated the entire Island as the National
Memorial to the Battle of Midway. Section 116 of Public Law 106-113
stipulates that ``the Secretary shall consult on a regular basis with
such organizations, including the International Midway Memorial
Foundation, on the management of the National Memorial.''
It is now 15 years since the National Memorial has been established
and it is appropriate for the Congress to inquire whether the purposes
of the refuge and Public Law 106-113 are being fulfilled.
For instance, has the Service consulted with the International
Midway Memorial Foundation on a regular basis, has the refuge been open
to the public, does the refuge have an organized visitors program and
has the Service properly maintained the various historic structures
they are entrusted to protect?
Based on our investigation, it is clear that the Service has
experienced a number of challenges in managing the Midway Island refuge
and objective observers can certainly question whether it was a mistake
to transfer this sacred ground to an agency that is far better equipped
to manage birds than visitors.
It is distressing to learn that the Service does not regularly
consult with the International Midway Memorial Foundation, that the
private company that operated the visitors program left the island more
than 12 years ago, that a number of historic structures have been
either destroyed or are marked for demolition, that the refuge has been
entirely closed to the public for more than 2 years and that according
to the Service, it would cost $1.5 million to operate a 6-month
visitors program.
Finally, in July of this year, Congressman John Duncan and I
requested that the Government Accountability Office (GAO) conduct a
comprehensive analysis and report to the Congress on the management of
the financial and historic aspects of the Midway Atoll. I am pleased
that GAO has accepted our request. I am looking for answers from our
witnesses today and from GAO in the not-too-distant future.
______
Mr. Fleming. I am now pleased to recognize the acting
Ranking Member, Congresswoman Madeleine Bordallo, for any
statements she would like to make.
STATEMENT OF THE HON. MADELEINE BORDALLO, A REPRESENTATIVE IN
CONGRESS FROM GUAM
Ms. Bordallo. Thank you very much, Mr. Chairman.
And I would like to welcome our witnesses this morning.
The Battle of Midway was a critical turning point for the
United States in the Pacific theater during World War II. It
helped to essentially eliminate the Japanese Navy and is a
defining moment in our history.
We owe not only a debt of gratitude, but also a significant
measure of our freedom, to the brave sailors, the airmen,
soldiers, and Marines who fought and died during the Battle of
Midway.
As Guam's congressional representative and as a ranking
Democratic Member of the House Armed Services Subcommittee on
Readiness, I have a keen understanding of the importance of the
U.S. military history in the Pacific.
Particularly as we focus our national strategic attention
to the Asia-Pacific Region, we must not forget the past
sacrifices made by so many to keep our country safe and free.
I also have firsthand experience with the Pacific Island
National Wildlife Refuge that has serious public access issues,
the Guam National Wildlife Refuge, access to the refuge itself,
and to private property contained within it has been
contentious since its establishment in 1993, as has the
conflict between the military activity and resource management.
So I continue to work to resolve some of these issues and
protect natural resources while accommodating military training
and public access.
I must point out, however, that Guam and Midway are
markedly different. Although United Airlines has tried its best
to link our two islands, Guam has a large resident population
and an active naval base and an Air Force base, while Midway
has neither.
Parts of Guam National Wildlife Refuge are co-managed with
the Navy, in contrast Midway was fully transferred from the
Navy to the Department of the Interior in 1996.
Finally, Midway is part of the Northwest Hawaiian Islands
Marine National Monument, designated by President George W.
Bush in 2006. The uniqueness of Midway Atoll makes adoption of
different management strategies there appropriate and
necessary.
Access to Midway is very expensive and very time-intensive.
We will hear from some witnesses today that a private company
offered to operate the refuge for free, but the evidence shows
that is historical fiction.
In a March 2002 interview with the Honolulu Advertiser, the
vice president of the Midway Phoenix Corporation stated the
following--and I quote--"I feel certain that, strictly from a
business standpoint, there is no contracting group in the world
that is going to go out there and do it for free. We certainly
couldn't make it work doing it for free.''
He was speaking about Midway Phoenix's attempt to profit
from a tourism venture while also managing facilities at the
refuge at no cost to taxpayers, as its agreement with the Fish
and Wildlife Service stipulated.
Midway Phoenix lost $15 million on its investment, and this
quote is an admission that the company over-promised and under-
delivered. The lesson as always: If something sounds too good
to be true, it probably is.
Preservation of historic resources is expensive. If we
valued it as a country, we should pay for it. Unfortunately,
the budget for Midway Atoll has been cut by 25 percent since
2005.
Instead of recognizing that fact, Committee Republicans are
scapegoating a Federal agency that is simply trying to do a big
job with insufficient resources.
If any member of this committee is unsatisfied with the
management of historic resources at Midway, I invite them, him
or her, to join me in signing this letter to the Appropriations
Committee requesting additional funding to do the job right or
we could also see fit if United would like to make it a
practice for flights from Honolulu to Guam to always stop at
Midway Island.
Instead of trying to manufacture and perpetuate
controversy, I would also like to use this hearing to highlight
a problem facing Midway Atoll and the entire Pacific Ocean:
marine debris.
All kinds of trash, from derelict fishing nets, to plastic
bags, to cigarette lighters, are carelessly dumped into our
oceans every day from all corners of the Earth. And this
pollution has severe impacts on fish and wildlife resources.
And we will hear today from Photographer Chris Jordan, who
has investigated this firsthand on Midway. And I look forward
to hearing from not only Chris, but the other witnesses as
well.
I thank you, and I yield back, Mr. Chairman.
Mr. Fleming. Gentlelady yield backs.
I now ask unanimous consent that the gentleman from
Michigan, Mr. Bentivolio, be allowed to sit with the committee
and participate in the hearing.
Hearing no objection, so ordered.
Well, we will now hear from our panel of witnesses, which
includes Mr. Kevin Foerster, Regional Refuge Chief, Pacific
Region, U.S. Fish and Wildlife Service; Mr. Chris Jordan, Chris
Jordan Photographic Arts; Mike Daak of Hilo, Hawaii; and Dr.
James M. D'Angelo, Chairman, International Midway Memorial
Foundation.
Your written testimony will appear in full in the hearing
record. So I ask that you keep your oral statements to 5
minutes, as outlined in our invitation letter to you and under
Committee Rule 4(a).
Our microphones are not automatic. So please press the
button when you are ready to begin.
I also want to explain how our timing lights work. Very
simply, you have 5 minutes. And a light will remain green until
1 minute is left. It will turn yellow. When it turns red, then
you have already gone past your 5 minutes; so, please wrap up
immediately.
Mr. Foerster, you are now recognized for 5 minutes to
present testimony on behalf of the U.S. Fish and Wildlife
Service.
STATEMENT OF KEVIN FOERSTER, REGIONAL CHIEF, NATIONAL WILDLIFE
REFUGE SYSTEM, PACIFIC REGION, U.S. FISH AND WILDLIFE SERVICE
Mr. Foerster. Good morning, Chairman Fleming, Congresswoman
Bordallo, and members of the subcommittee.
I am Kevin Foerster. I am the Regional Chief of the
National Wildlife Refuge System with the U.S. Fish and Wildlife
Service in the Pacific Region. I appreciate the opportunity to
present the Service's testimony today regarding Midway Atoll
National Wildlife Refuge and the Battle of Midway National
Memorial.
In the Pacific Region, there are 67 national wildlife
refuges spread throughout Idaho, Oregon, Washington, Hawaii,
and the Pacific Islands. The Service also has management
responsibilities for five national monuments in the Pacific. In
1 year, these refuges host nearly 8 million visitors, generate
over $320 million for local communities, and support almost
5,000 local jobs.
Midway Atoll contains only 1,500 acres and it lies 1,300
miles from Honolulu. Although it is small and remote, Midway is
a very vitally important place. It is a national memorial
created to honor and remember the historic events that happened
there during World War II. The atoll provides essential habitat
for a host of fish, wildlife, and plants.
In addition to its designation as a refuge and a memorial,
it is also part of the Papahanaumokuakea Marine National
Monument, which is a UNESCO World Heritage Site. It also serves
as an emergency landing site designated by the FAA for the
nearly 35,000 jet aircraft transiting the Pacific Ocean each
year.
Biologically, Midway is special. More than 3.5 million
birds call Midway home. This includes about 70 percent of the
world's population of Laysan albatross, the largest population
of these grand birds on Earth.
The atoll is also home to many endangered species, 24
native plant species, and a host of marine mammals, fish and
invertebrates. The purpose of the refuge is to ensure
ecological integrity and achieve strong, long-term protection
for native resources as well as our cultural heritage.
The Service takes our role as trustee for this historic
atoll seriously. We are committed to honoring America's
veterans by commemorating their bravery and sacrifice by
interpreting the history for the public.
We are also dedicated to conserving America's wildlife
heritage through stewardship of Midway's natural resources. We
work to strive a balance to achieve the purposes for which the
refuge and memorial were designated.
Flat and declining budgets, increasing costs, reduced
staff, and public safety concerns have caused the Service to
suspend visitor services programs at Midway. We did not come to
that decision lightly. Midway is a national memorial and a
monument to those who served during the pivotal Battle of
Midway.
But unlike the bronze and marble monuments here in our
Nation's Capital, Midway's concrete and wood structures weren't
built to withstand the ravages of the saltwater tropical
environment.
As an example, we recently put $1.6 million into renovating
the Charlie Barracks to preserve it to make it usable for
visitors and staff. Now we are finding that other aspects of
the concrete building require substantial repairs before the
barracks can be safely used.
When the military was active on Midway, the facility
supported more than 5,000 people. Only 40 people currently live
on Midway, but a significant amount of military infrastructure
remains.
Midway's story is more than buildings. It is the courage
and sacrifice of our veterans. We have worked with a variety of
partners and stakeholders to safeguard the history of Midway
Atoll, and now we are looking to the future.
We intend to open the island to visitors when capacity
again becomes available. Until then, we are looking at
partnerships and opportunities to bring the Battle of Midway
and the story of Midway Atoll to many more Americans than would
be able to visit the atoll even with the restored visitor
services program.
Our new refuge manager out on Midway, Daniel Clark, is also
a captain in the U.S. Coast Guard Reserve. Refuge Manager Clark
has been tasked to lead meaningful and frequent collaboration
and communication with the International Midway Memorial
Foundation. He and his staff have collaborated with other
veterans organizations, such as the American Battle Monuments
Commission.
We are committed to working with the IMMF and other
partners like the Commission to honor the men and women who
have served during the Battle of Midway and at Midway Atoll. We
view our role as trustee as one of utmost importance. We will
continue to work diligently to balance the natural resource
stewardship needs of the refuge while honoring our
responsibility as custodians of the Battle of Midway National
Memorial.
Mr. Chairman, we appreciate your interest in this issue,
and we look forward to working with the subcommittee, IMMF, and
the parties interested in Midway Atoll.
Thank you for the opportunity to speak today.
[The prepared statement of Mr. Foerster follows:]
Prepared Statement of Kevin Foerster, Regional Chief, Pacific Region,
National Wildlife Refuge System, U.S. Fish and Wildlife Service,
Department of the Interior
Good afternoon Chairman Fleming, Ranking Member Sablan, and members
of the subcommittee, I am Kevin Foerster, Regional Chief for the
National Wildlife Refuge System in the U.S. Fish and Wildlife Service's
Pacific Region within the Department of the Interior. I appreciate the
opportunity to testify before you today regarding the Midway Atoll
National Wildlife Refuge (Refuge) and Battle of Midway National
Memorial (Memorial). Funding, conservation, staffing, and safety
challenges have caused the Service to suspend visitor services at the
Refuge, which also affects the public's ability to experience the
Memorial. The Service is working to restore those visitor services,
despite the challenges we face. We look forward to discussing them with
you today.
national wildlife refuge system
The National Wildlife Refuge System (Refuge System) is the world's
premiere network of public lands devoted solely to the conservation of
wildlife and habitat. The Refuge System encompasses over 150 million
acres of land and water and preserves a diverse array of land, wetland,
and ocean ecosystems. The Refuge System offers about 47 million
visitors per year the opportunity to fish, hunt, observe and photograph
wildlife, as well as learn about nature through environmental education
and interpretation. These visitors make refuges an important economic
driver for local communities, generating nearly $2.4 billion each year.
Investing in the Refuge System is a sound use of taxpayer dollars as
each dollar appropriated for the Refuge System returns nearly $5 in
economic benefits. Refuges also provide local communities with other
valuable ecosystem services, such as improved water quality, increased
property values, and access to quality wildlife-dependent recreation.
In the Pacific Region, there are 67 national wildlife refuges and 5
national monuments located in Hawaii, Guam, American Samoa, the
Northern Mariana Islands, Idaho, Oregon, and Washington. These refuges
encompass wetlands, estuaries, grasslands, nesting seabird colonies,
forests, remote atolls with extensive coral reef ecosystems, high
mountain deserts and all of the variations in between. In the 2013
Banking on Nature Report, a report on the economic benefits of national
wildlife refuge visitation to local communities, the Service estimates
that nearly 8 million people visited refuges in the Pacific Region,
generating over $320 million for and supporting almost 5,000 jobs in
local communities.
However the Refuge System, with all its benefits, is facing ever
increasing pressures and difficulties. Populations are growing rapidly,
the amount of undeveloped land is declining, the economic environment
is challenging, and we are faced with conservation crises on several
fronts. As a result of the Budget Control Act of 2011, the Refuge
System saw flat and declining budgets for 3 consecutive years, and we
have had to make tough decisions and set priorities within the funding
available.
In the Pacific Region, this has led to the reduction of capacity
and staff positions. The Service is prioritizing capacity and staff
where we can provide the most benefit for wildlife and the most
opportunity for public use. Across the Refuge System in the Pacific
Region, the Service is working to balance its mission, as directed by
Congress, to protect America's natural resources, while also providing
opportunities for public use, when compatible with the purpose for
which the Refuge was established.
midway atoll national wildlife refuge and battle of midway national
memorial
Of the refuges and within the monuments in the Pacific Region,
Midway Atoll National Wildlife Refuge (Refuge) and Battle of Midway
National Memorial is one of the most unique. It provides vitally
important habitat for a host of species and it represents a singular
confluence of natural, historical, and cultural significance in the
Pacific Ocean Basin. In addition to Midway Atoll's designation as a
Refuge and a National Memorial, it is a part of the Papahanaumokuakea
Marine National Monument, an UNESCO World Heritage Site. Midway Atoll's
unique natural resources include support to at least 21 species of
seabirds totaling more than 3.5 million individuals. It is the site of
the largest annual congregation of nesting albatrosses in the world,
with more than 1 million individuals of three different species
depending on the atoll each year. An estimated 70 percent of the
world's population of Laysan albatross nests on Midway Atoll annually--
more than anywhere else on earth. In addition to the birds, the nearly
1,500 acres of terrestrial habitat host 24 important native plant
species, and the federally endangered Laysan duck and short-tailed
albatross. The 580,000 acres of marine habitat provide homes to a
resident population of spinner dolphins, the federally endangered
Hawaiian monk sea, and more than 250 species of reef fish and
invertebrates, with some of the highest level of reef fish endemism
rates recorded in the world.
Henderson Field on Midway Atoll is also a Federal Aviation
Administration designated Extended Twin-Engine Operations Site
providing an emergency landing site cooperatively operated by the
Service and Federal Aviation Administration (FAA) for nearly 35,000 jet
aircraft transiting the Pacific Ocean.
The lands and waters of the Refuge were designated the Battle of
Midway National Memorial on September 13, 2000--the first national
memorial to be designated on a National Wildlife Refuge. The Service
takes our role as trustee for this historic atoll seriously, honoring
the sacrifice and courage of our veterans and conserving America's
natural heritage.
In 1942, during World War II, the Japanese forces sought to expand
their zone of defense in the Pacific. Their plan was to establish a
diversionary attack of the Aleutians in Alaska, thereby forcing U.S.
carriers to race to their rescue. The Japanese carriers could intercept
and destroy them at sea, moving on to the primary goal of securing
Midway Atoll and using it as a strategic point to take on and defeat
the United States. However, the Americans were able to break Japanese
naval code and anticipated the attack. Between the 4th and 6th of June,
1942, U.S. forces successfully defended Midway Atoll--sinking four
Japanese aircraft carriers, effectively eliminating the Imperial Navy,
and changing the course of the War in the Pacific.
Midway Atoll became an ``overlay'' national wildlife refuge in
1988, while still under the primary jurisdiction of the U.S. Navy. With
the closure of Naval Air Facility Midway Island in 1993, there began a
transition in mission at Midway from national defense to wildlife
conservation. Administration of Midway Atoll was transferred from the
Navy to the Department of the Interior on October 31, 1996.
Midway Atoll is best known for its pivotal role in World War II,
but its historic significance dates back well over a century. In 1903,
the Commercial Pacific Cable Company constructed five concrete and
steel structures that housed a community of over 30 people on this
remote island in the Pacific. The first around-the-world telegram,
which was issued by President Theodore Roosevelt on July 4, 1903, went
through the Cable Station at Midway Atoll. Midway Atoll was also a
landing site for Pan Am Clippers traveling across the Pacific Ocean in
the late 1930s and today it functions as an emergency landing facility
for twin-engine jet airplanes traveling across the Pacific. As recently
as July 2014, a United Airlines Boeing 777 made an emergency landing at
Midway Atoll with 352 passengers onboard.
The lives of wildlife and human residents are inexorably
intertwined on Midway Atoll. It is, in many respects, a little city,
with all the structures, utilities, and types of equipment that are
needed to function in support of the resident human community to
perform the Refuge's mission. At one time, the facilities at Midway
supported more than 5,000 people. While the current resident population
is approximately 40, a significant amount of the infrastructure
existing upon the transfer from the Navy to the Service remains in
place. The Service works to balance stewardship of the natural
resources of the Refuge, commemoration of the historic significance of
the Memorial, and cooperative partnerships for the preservation of both
to achieve the purposes for which the Refuge and Memorial were
designated.
challenges at midway atoll national wildlife refuge and battle of
midway national memorial
Since 2005, the budget at the Midway Atoll National Wildlife Refuge
and Battle of Midway National Memorial has been reduced by almost $1.5
million. Last fiscal year, the operating budget for the refuge was
$3,692,155, which includes salaries for five full-time Service
employees, four of whom reside on Midway Atoll. The budget reduction
resulted in the loss of several Service positions, including the
permanent Wildlife Biologist, Park Ranger, and Law Enforcement Officer.
The loss of these positions has affected the Service's ability to
provide the visitor services program at the Refuge and this program was
temporarily suspended in November 2013. In the 5 years prior to
suspending the program, Midway Atoll National Wildlife Refuge welcomed
on average, a little over 300 visitors annually. Despite the budget
reductions, the Service has invested in the facilities on the Refuge,
such as maintenance and minor repair of 109 individual facilities. The
Service intends to restore the suspended visitor services program once
funding allows the operation of a safe and sustainable program that is
appropriate and compatible, pursuant to Service policy and the Refuge
Improvement Act in accordance with the purposes for which the Refuge
and Memorial were established.
Management is challenging on a Refuge where the scarce land is
subject to wind, water, and changing sea levels. More than 1,000 miles
from the nearest population center in the main Hawaiian Islands,
operation of this remote Refuge requires overcoming unique challenges.
For example, although the Service purchases local goods and services
found in the main Hawaiian Islands, a good portion of food and project
supplies inevitably must be transported from the continental United
States to Hawaii and then to the Refuge. Due to the remoteness of the
station, all items needed on the Refuge must be shipped long distance
by air or by boat. The transportation cost is in addition to the cost
of normal goods and projects, making them ultimately much more
expensive than those on continental United States. Many projects,
especially building restoration, require site visits by a potential
vendor, engineering firm, or a contracting officer. A single barge
transporting large quantities of materials or equipment to Midway Atoll
can cost approximately $760,000 per trip.
Due to its remote location, the costly travel required to reach the
Refuge, and the limited lodging facilities available, running a visitor
services program is capacity intensive. Refuge and supporting staff
stationed on the atoll are minimal for operations. To ensure the safety
of visitors and a quality visitation experience, the Service would need
to increase existing capacity. The Service intends to reopen visitor
services at Midway Atoll when budgets allow for an increase in existing
capacity.
The Service has worked to maintain many of the existing historic
buildings on the Refuge. For example, nine officers' houses that were
built in 1941 were rehabilitated and restored. Unfortunately, some of
the buildings that the Service inherited have deteriorated, which can
present hazards for both wildlife and people. Midway Atoll's harsh
conditions (salt air, high winds, and unconsolidated substrate, etc.)
cause buildings to deteriorate much faster than many comparative
structures in the continental United States. In addition, many
buildings were constructed and finished with lead-based paint and coral
sand, and brackish water leading to corroding of the porous concrete
that has not withstood the test of time.
Failing buildings and ingestion of the flaking lead paint from
these buildings can harm wildlife and people. Lead poisoning has caused
the mortality of approximately 10,000 albatross chicks annually,
creating a conservation crisis. Beginning in 2011 and each year since,
the Service has received funding from the Department of the Interior to
remove lead contamination from soils where it was being ingested by
albatross chicks and to take long-term action to remove the lead-based
paint hazards on the Refuge from the highest priority areas. Those were
identified as the Cable Station compound and the Industrial Complex.
Among the four remaining Cable Station buildings that were shedding
lead paint into the surrounding soil, three were removed because they
were too old, deteriorated, and dangerous to stabilize and maintain. At
the remaining Cable Station building, the Mess Hall, the Service
installed a new roof, cleaned and encapsulated lead paint, and
stabilized the structure. The Service has preserved the Cable Station
Mess Hall as an example of unique architecture and early history of
Midway Atoll but it too has deteriorated at a rate and to a state that
is not sustainable for restoration in the long term. All the Cable
Station work was done in compliance with the National Historic
Preservation Act and in consultation with the Hawaii State Historic
Preservation Division and the Historic Hawaii Foundation. Both the
Hawaiian State Historic and Preservation Division and Historic Hawaiian
Foundation have been consulted on the preservation of historic
resources.
Current Refuge Manager Dan Clark is a Captain in the U.S. Coast
Guard Reserve and has served in the active duty and reserve armed
forces for over 33 years. The Service formally recognizes the Battle of
Midway every year ceremoniously and honors the sacrifice of those who
gave all for our freedom. Mr. Clark has reached out to the
International Midway Memorial Foundation (IMMF) since assuming his
duties as refuge manager in December 2013 and he and his staff have
partnered with other veterans' organizations and agencies such as the
American Battle Memorial Commission (ABMC) to perpetuate the historical
significance of the Refuge and Memorial. Currently, the Service,
working with the ABMC, is installing a new monument in honor of the
Battle of Midway and the role of submariners in WWII. The Service will
continue to work with the IMMF and other partners to honor the men and
women who served during the Battle of Midway and at Midway Atoll. The
Service looks forward to once again hosting the public on-site once the
visitor services program can be restored.
conclusion
The Service takes our role as trustee for this historic atoll very
seriously. We will continue to work diligently to balance the natural
resource stewardship needs of the Refuge while honoring our
responsibility as custodians of the Battle of Midway National Memorial.
Mr. Chairman, we appreciate your interest in this issue. We look
forward to working with the subcommittee.
Thank you for the opportunity to testify before you today.
______
Mr. Fleming. OK. Thank you, Mr. Foerster.
Mr. Jordan, you are now recognized for 5 minutes.
STATEMENT OF CHRIS JORDAN, CHRIS JORDAN PHOTOGRAPHIC ARTS
Mr. Jordan. Thank you, Chairman Fleming, Ranking Member
Bordallo, and esteemed committee members.
My name is Chris Jordan. I am a photographic artist from
Seattle, and I have had the privilege of visiting Midway eight
times over the last few years, where I am working on a film and
a photographic series that is about the albatross that live out
there.
And I am proud to tell you that my short film trailer, that
I hope you will get to see, has been viewed by more than 15
million people in 154 countries all over the world.
I first went to Midway to photograph the tragedy of the
birds whose bodies are filled up with plastic. And there is
nowhere else on the globe where the troubling problem of ocean
plastic pollution and marine debris is so viscerally evident
than it is on Midway Island.
But I discovered early on that the plastic problem is just
one small piece of Midway's remarkable story. In addition to
its rich human history, this is one of the very few wildlife
habitats on Earth where there has never been a natural
predator.
Consequently, the birds on Midway have no fear of humans.
The albatrosses, petrels, fairy terns, and other birds don't
fly away when you walk up near them like they do everywhere
else on our planet. Albatrosses are big and magnificent as
eagles.
Imagine walking out into a field of 400,000 of them and
sitting down amongst them and having crowds of them come up to
say hello and nibble on your sleeves. It is like being in a
magical fairyland from a childhood dream, and it is
transformational to everybody who gets to visit Midway.
Midway is truly unique, and I am super stoked that it is
held in American hands. We can honor it in our own way as one
of the richest and most amazing wildlife habitats on Earth, to
be held and protected with our deepest love and reverence.
It feels important to recognize that this island was the
home of these creatures long before it was named Midway, before
words even existed, before the first humans walked the Earth.
For 4 million years, the magnificent albatrosses have been
dancing their dances and hatching their babies on this remote
patch of sand in the heart of the world's greatest ocean.
During my project, I have become closely acquainted with
the U.S. Fish and Wildlife Service biologists who run the
island, and they have shared with me many of the issues and
challenges that they face as Midway's stewards. I found them to
be smart and capable people who taught me so much about the
islands, its human history, including the Battle of Midway, and
its history as a military base turned refuge.
But, foremost, they taught me about the delicate ecosystem
and the special skills and care that are needed to ensure the
safety of the fragile home of more than 3 million birds. I saw
how they manage with an eye toward preserving and expanding the
habitat of the albatrosses, petrels, frigatebirds, fairy terns,
the endangered turtles, monk seals, manta rays, and countless
other creatures.
A major part of their work is aimed at minimizing the human
footprint by controlling invasive plants that entangle or
suffocate birds and removing nonnative trees that snag and hang
albatrosses as they try to fly.
I have watched them tackle challenging projects to remove
the dangerous and rickety old buildings that leech lead into
the soils and emit asbestos dust into the air while, at the
same time, working to preserve the buildings that have
historical and architectural value.
I have witnessed the Fish and Wildlife Service slowly shape
Midway into a one-of-a-kind living monument. New grass grows up
through the old, unused runways, and where there were once
roads and concrete foundations and crumbling fuel tanks, now
there are baby albatrosses in their nests on the newly restored
sand.
What more beautiful and effective monument could there be
to the successful outcome of a world war than a perpetual
sanctuary of life in the very location where one of its
greatest battles took place?
I believe Midway is best served by having Fish and Wildlife
continue managing the island with adequate funding to bring
back a limited visitor program. I believe people should be able
to visit Midway, but only under strictly controlled conditions
that are not decided in the context of a for-profit business.
Midway is not a place for jet skis and sunbathers and
sports fishing boats. It is one of the most special places on
our planet. It is one spot on the globe where the first
priority should be the protection and the safety of the wild
creatures that make this remote island their home.
I think Fish and Wildlife Service is doing a terrific job
as Midway's steward. I hope they receive the funding and the
support to keep right on doing what they are doing.
Thank you.
[The prepared statement of Mr. Jordan follows:]
Prepared Statement of Chris Jordan, Photographic Artist
Dear members of the Subcommittee on Fisheries, Wildlife, Oceans and
Insular Affairs, my name is Chris Jordan, and I am a photographic
artist from Seattle. I have presented my work at schools, universities,
conferences and gatherings around the globe, and my images are
published and exhibited worldwide.
I have had the privilege of visiting Midway Atoll National Wildlife
Refuge eight times over the last few years, as I worked on an intensive
photographing and filming project about the albatrosses that live on
the island.
My film is not yet finished, but my 4-minute trailer has reached
more than 15 million people in 154 countries around the world. My
photographs of albatrosses filled with plastic have reached a global
audience of hundreds of millions of viewers.
I first went to Midway to photograph the tragedy of the birds
filled with plastic. Nowhere else is the global crisis of ocean plastic
pollution more powerfully evident than on Midway. Unfortunately there
is nothing that can be done on a local level to solve this tragedy. The
parent albatrosses range over the entire Pacific in search of food for
their babies, and it is impossible to clean up such a giant body of
water. And even if it could be cleaned up, plastic continues to pour in
from our polluted rivers, and it is also dumped overboard from boats of
all kinds. In this way, the dead birds on Midway serve as a powerful
symbol, like the Earth's alarm system going off, an urgent call for
humans to change our consumptive behavior.
But I discovered early on that the plastic issue is just one small
piece of Midway's remarkable story. This is one of the very few
wildlife habitats on the planet where there has never been a natural
predator. Consequently, the birds on Midway have no fear of humans. The
albatrosses, petrels, fairy terns, and other birds, do not fly away
from us like they do everywhere else. Albatrosses are as big and
magnificent as eagles; imagine walking out into a field of 400,000 of
them, and sitting down amongst them, and having crowds of them come up
to say hello and nibble on your sleeves. It is like being in a magical
fairyland from a childhood dream. This experience is transformational
to everyone who visits Midway.
The only other places in the world where this happens is
Antarctica, and the Galapagos Islands. The penguins in Antarctica are
protected by the icy remoteness of the place, and the Galapagos have
been ruined by tourism. My friends who have been there lately say that
you get herded down walkways in groups, where you get to look at the
animals briefly before being herded to the next point. Midway is truly
unique, and I am super stoked that it is held in American hands. We can
honor it in our own way, as one of the richest and most amazing
wildlife habitats on Earth, to be held and protected with our deepest
love and reverence.
It feels important to recognize that this island was the home of
these creatures long before it was named Midway, before words even
existed, before the first humans walked the Earth. For 4 million years
the magnificent albatrosses have been dancing their dances and hatching
their babies on this remote patch of sand in the heart of the world's
greatest ocean.
During my project I have become closely acquainted with the U.S.
Fish & Wildlife Service biologists who run the island, and they have
shared with me many of the issues and challenges they face as Midway's
stewards.
They are smart and capable people who taught me so much about the
islands, it's human history--including the Battle of Midway, and it's
history as a military base turned refuge. But foremost they taught me
about the delicate ecosystem and the special care needed to ensure the
safety of the fragile home of more than 3 million birds. I saw how they
manage everything with an eye toward preserving and expanding the
habitat of the albatrosses, petrels, frigate birds, fairy terns, the
endangered turtles, monk seals, manta rays, and countless other
creatures. Their work is aimed at preserving life and its diversity,
minimizing the human footprint by controlling invasive plants that
entangle or suffocate nesting birds; and removing invasive trees that
snag and hang albatrosses as they try to fly. I have seen FWS tackle
challenging projects to remove the dangerous and rickety old military
buildings that leach lead into the soils and emit asbestos dust into
the air.
I have watched FWS slowly shape Midway into a one-of-a-kind living
monument. New grass grows up through the old unused runways, and where
there were once roads and concrete foundations and crumbling fuel
tanks, now there are baby albatrosses in their nests on the newly
restored sand. What more beautiful and effective monument could there
be to the outcome of a world war, than a perpetual sanctuary of life in
the very location where one of its greatest battles took place?
I believe Midway is best served by having FWS continue managing the
island, with adequate funding for a limited visitor program. I believe
people should be able to visit Midway, but only under strictly
controlled conditions that are not decided in the context of a for-
profit business.
Midway is not a place for jet skis and sunbathers and sports
fishing boats. It is one of the most special places on our planet. It
is one spot on the globe where the first priority should be the
protection and safety of the wild creatures that make this remote
island their home.
Thank you.
______
Mr. Fleming. Thank you, Mr. Jordan.
Mr. Daak, you have spent 12 years living on Midway as a
Navy contractor, an employee of the Midway Phoenix Corporation
who operated the visitors program from 1996 until 2002. You are
now recognized for 5 minutes.
STATEMENT OF MIKE DAAK, HILO, HAWAII
Mr. Daak. Good morning, Chairman Fleming and members of the
House Subcommittee on Fisheries, Wildlife, Oceans, and Insular
Affairs.
I am Mike Daak. I lived on Midway for about 12 years, first
as a Navy contractor and then as an employee of Midway Phoenix
Corporation, serving as the communications department manager.
I am here representing myself as a concerned witness and
for many veterans who battled for Midway and protected our
land, some stationed there, some born there, and many who live
there.
In 1996, the Fish and Wildlife Service entered into a
cooperative agreement with Midway Phoenix Corporation. The
Wildlife Service agreed to manage wildlife issues, while Midway
Phoenix agreed to maintain buildings, structures, facilities,
vehicles on the island, as well as the entire airport at no
cost to the American taxpayer.
In turn, Midway Phoenix would earn the opportunity to
profit from a visitor program and from the sale of fuel to
ships and planes.
On paper, the cooperative agreement was followed. In
practice, the spirit of the cooperative agreement failed
miserably. With the passage of time, the Wildlife Service made
increasing restrictions for visitors and residents. Added
restrictions are listed in my written testimony.
The cooperative agreement ended on May 1, 2002. The
agreement did not fail financially. It failed due to a lack of
cooperation from the Wildlife Service, who was seemingly not
interested in hosting visitors. It failed due to not having an
appointed moderator to resolve disagreements between Fish and
Wildlife and Midway Phoenix.
The visitor program was operated by the Wildlife Service
since 2002. They have charged as high as $7,000 per seat on
their chartered plane. Since Midway Phoenix departed from the
island, the visitor program has remained closed for 8 of 12
years.
After the Wildlife Service spent more than $200,000 for a
feasibility study to determine if a visitor program would work
at Midway, they ignored the results and did not appoint an
alternate cooperator, as they said they were going to do.
If you fly your plane to Midway, you will be denied
permission to land, even if you are in a military plane on a
military mission. If you sail your sailboat to Midway, you will
be declined permission to enter the harbor.
Regarding island stewardship and historic significance, for
anyone who has viewed recent pictures of the island, the photos
speak for themselves. Six historic buildings were demolished so
far without required input from the general public.
The Wildlife Service stated they have $160 million
maintenance backlog. We believe this money is for additional
demolition. The Wildlife Service stated they will only be
maintaining buildings that they can use, regardless of their
historic significance.
The Wildlife Service demolition plan includes the fuel
farm, which was the main profit center and crucial for an
affordable visitor program. The Wildlife Service deselected
nine major buildings from their maintenance program. They are
listed in my written testimony. Buildings are being demolished
that could be used to support an affordable visitor program.
Over the past 12 years, the Wildlife Service has spent
millions upon millions to maintain the island. This money was
spent for services they were getting for free from Midway
Phoenix. Buildings that were once used to support a visitor
program are now abandoned. Some have referred to this as
demolition by neglect. Buildings are first abandoned, later
deemed as unsafe, then become eligible for demolition.
The Wildlife Service claimed they had no need for an
airport at their refuge. This required the FAA to station five
full-time employees to keep the airport open. Meanwhile, the
Wildlife Service remains the primary user of the airfield.
My recommendations: Midway does not need more millions of
taxpayer dollars for more of the same. Midway needs limited
enterprise to enable the island to be self-sustaining. The
refuge manager stated he had a list of cooperators as long as
his arm who were ready to take the place of Midway Phoenix.
Where are they?
A new cooperative agreement should be appointed to operate
an affordable visitor program. A new agreement would work if it
were moderated by any of the following entities: the U.S. Coast
Guard, the National Park Service, the U.S. Navy, the FAA, the
International Midway Memorial Foundation.
Last, I recommend Midway be reverted to an overlay refuge,
as it was when the Navy was there. I recommend the Fish and
Wildlife Service manage wildlife and nothing else.
Mr. Fleming. Is that the conclusion?
Mr. Daak. Yes.
[The prepared statement of Mr. Daak follows:]
Prepared Statement of Mike Daak, 12-Year Resident of Midway Island
My name is Mike Daak. I am here representing myself, as a concerned
witness, and for veterans who battled for Midway and protected our
land--some stationed there, some born there and many who lived there.
I lived on Midway for about 12 years, first as a Navy Contractor,
for about 6 years, then for another 6 years as an employee of Midway
Phoenix Corporation. As an employee of Midway Phoenix, I held the title
of Communications Department Manager. I maintain a Web site dedicated
to Midway Island, at http://www.midway-island.com/. I also produced the
video, ``Midway Island--A Battle Lost to the U.S. Fish and Wildlife
Service''. This 22-minute video can be viewed on-line at: http://
vimeo.com/80519456.
background
6/4/1999, Naval Administrative Message--http://www.history.navy.mil/
commemorations/midway/midway-1b.htm
Navy Admiral Jay L. Johnson--``After considerable deliberation, it
is apparent that the two most significant dates in our Naval history
are 13 October 1775, the birth of our Navy, and 4 June 1942, the Battle
of Midway.. . . These two prominent days will henceforth be celebrated
annually as the centerpieces of our heritage.''
In 1996, administration of the atoll was transferred from the Navy
to the Fish and Wildlife Service (FWS) through an Executive Order,
which also established the Midway Atoll National Wildlife Refuge. The
Executive Order stated that FWS ``shall recognize and maintain the
historic significance of the Midway Islands consistent with the policy
stated in Executive Order 11593 of 1971.'' Since 1996, it has become
apparent that the FWS has mostly fixated on wildlife only issues.
In 2006, President George W. Bush designated Midway as a
Northwestern Hawaiian Islands Marine National Monument. In 2009 it was
later renamed as the Papahanaumokuakea Marine National Monument. Midway
is also a Battle of Midway National Memorial. Recently, the island was
inscribed as part of a larger UNESCO World Heritage Site.
Midway has been called the `door', `the window' and the `hub' of
the Monument. However, the door is being kept closed by the FWS to all
visitors--to all taxpayers who financially support the island. Over the
course of a year, approximately 150 people had visited the island, when
their Visitor Program was open generally in groups of 10 or 15 at a
time. FWS has charged as much as $7,000 per seat for the trip to
Midway. Often, visitors were expected to pull weeds or do other work
duties while on-island.
fws purpose on midway--in their own words
``The purposes of the refuge are to maintain and restore natural
biological diversity within the refuge; provide for the conservation
and management of fish and wildlife and their habitats within the
refuge; fulfill the international treaty obligations of the United
States with respect to fish and wildlife; provide opportunities for
scientific research, environmental education and compatible wildlife
dependent recreational activities; and, in a manner compatible with
refuge purposes, recognize and maintain Midway's historic
significance.. . . It also serves as the `window to the Monument,' the
only site open to public visitation.''
cooperative agreement
The FWS was never expected to be capable of managing all the
facilities of the entire island. Midway includes everything you'd find
in a small city. There are more than 555 Wildlife Refuges across our
Nation, but none include an airport, a hotel a restaurant, a store, a
bar, a water treatment plant, a fuel farm, a sport fishing operation, a
diving operation, an airline service or a tourist program.
FWS had intended to farm out those type services to a third party--
thus was born the Cooperative Agreement. In addition, a Refuge Manager
once told me that it was illegal for FWS to earn a profit. The plan was
for one Cooperator to run all non-wildlife functions of the island, in
trade earning potential profits from all profit sources on Midway.
Wildlife Refuges should only manage wildlife issues since that is what
they are best at doing. Profit margins are alien to the FWS.
The Cooperative Agreement was a first of its kind, intended to
outline the duties of FWS and their chosen Cooperative Contractor. The
Agreement was intended to be a `living document'; changes were expected
to be made with the passage of time.
In 1996, FWS entered into a Cooperative Agreement with the Midway
Phoenix Corporation (MPC) for the operation of a Visitor Program at
Midway. On paper, the Cooperative Agreement was being followed. In
practice, the spirit of the Cooperative Agreement began to fail
miserably, especially toward the very end of its 6-year term.
After MPC signed the Cooperative Agreement, they invested
approximately $15 million of their own money toward improvements in
preparation for hosting the new visitor program.
mpc paid for the following buildings/structures/equipment, without
taxpayer money
Converted military barracks to hotel room standards
New Clipper House restaurant on the beach
New Captain Brooks beach bar
Stationed two on-island aircraft for visitor and resident
transport
Purchased a ship for logistical support of the island
New Sewage Treatment Plant
Chartered semi-weekly flights of an Aloha Airlines jet
New Bottled Water facility
New Hydroponics facility
New Garden, to provide fresh produce for the island
The island's first Cellular Phone System
New Harbor Office building
New Sport Fishing building
New Sport Diving building
Purchased two 35-foot Fishing Boats and two smaller
Fishing Boats
Purchased a 48 Diving Boat
The Cooperative Agreement authorized 100 visitors per week to the
island. Midway has natural and historic resources that enable the
island to be self-sustaining, via a properly managed Visitor Program.
MPC operated the Visitor Program at near no cost to the American
Taxpayer. The Visitor Program included Historical Tours, Wildlife
Tours, Sport Diving and catch & release Sport Fishing Trips. The
Cooperative Agreement was intended to allow FWS to focus on wildlife
issues, while allowing MPC to focus on the Visitor Program so the
island could pay its own way.
new restrictions by fws
With the passage of time, FWS placed more and more restrictions on
visitors and residents.
Additional Restrictions
Requested MPC to stop mowing of grass in housing and
populated areas.
Added signs to further restrict the movement of people.
Large sections of the island became off-limits with
sightings of seals, turtles and birds.
Terminated permission for use of kayaks from all
shorelines, stating that the oars might hit a turtle.
Terminated permission for use of small recreational
sailboats, for all waters around the entire island.
Terminated permission for use of wind surfing equipment.
Tried to restrict MPC from using the word `Island' on
items sold in the gift store and insisted the word `Atoll'
be added in its place.
Added new restrictions for residents, regarding the
catching of fish, lobster and for scuba diving.
FWS elected to kill all Ironwood trees on Eastern and Sand Island
via their 7-year Tree Removal Plan. ALL trees were killed on Eastern
Island--the island was totally flattened. Dead trees were left
standing, which snared and killed many Albatrosses. FWS paused with
their tree-killing program on Sand Island, after hearing public
complaints. The Ironwood trees were considered non-indigenous. As info,
Ironwood trees are found on most inhabited Pacific islands, their seeds
floating on top the ocean.
end of cooperative agreement with mpc--may 1, 2002
The Cooperative Agreement did not fail financially. It failed due
to a lack of cooperation from the FWS who seemingly was not interested
in hosting visitors.
It failed due to not having an appointed moderator to resolve
disagreements between FWS and MPC.
March 31, 2002, The New York Times, by John H. Cushman Jr.--http://
www.nytimes.com/2002/03/31/travel/travel-adivsory-correspondent-s-
report-tourism-venture-ends-midway-atoll-refuge.html
``Barbara Maxfield, a spokeswoman for the Interior Department, said
it had not been satisfied with the company's performance in maintaining
the refuge's property, ensuring the safety of tourists, and protecting
the frail resources of the atoll. By law, the wildlife agency's main
objective in managing its reserves is conservation.''
February 4, 2002, Honolulu Star Bulletin, by Mitch Stacy, Associated
Press--http://archives.starbulletin.com/2002/02/04/news/story5.html
Bob Tracey, Midway Phoenix Corporation--``Midway Phoenix has lost
at least $15 million on the island, Tracey said. Strict Fish and
Wildlife Service restrictions on where visitors can go and what they
are allowed to do have made it difficult to operate as advertised, he
said. ``With this level of extremism with Fish and Wildlife, it's
difficult to make a profit out there under that regime,'' Tracey said.
``We're exhausted fighting the war. The situation is especially hard to
take, he said, because under the government contract, Midway Phoenix
pays the salaries of Fish and Wildlife officers who maintain the refuge
and also flies them and their families back and forth to Honolulu.''
visitor program--after mpc departed the island in 2002
The FWS has stated that the only reason the visitor program is not
open is due to a lack of funding. Again I will mention the 2005
Feasibility Study that concluded in recommending an alternate
Cooperator be appointed.
February 2, 2002, Honolulu Advertiser Newspaper Article, by Jan
TenBruggencate--http://the.honoluluadvertiser.com/article/2002/Feb/02/
ln/ln05a.html
Midway Refuge Manager (1997-2000) Rob Shallenberger--``The agency
will find another operator or multiple operators to run facilities if
Midway Phoenix leaves . . .''
April 30, 2002, Honolulu Advertiser Newspaper Article, by Jan
TenBruggencate--http://the.honoluluadvertiser.com/article/2002/Apr/30/
ln/ln33a.html
Assistant Secretary of Interior, Craig Manson--``Although we are
not in a position at this time to reopen our doors to visitors, we hope
to be able to do so in the future,'' said Craig Manson, Assistant
Secretary of the Department of Interior for Fish and Wildlife and
Parks.
May 6, 2002, Honolulu Star Bulletin, By Gregg K. Kakesako--http://
the.honoluluadvertiser.com/article/2002/May/24/ln/ln13a.html
Assistant Secretary of Interior, Craig Manson--``The Department of
the Interior is fully committed to restoring public access to Midway.''
May 26, 2003, The Washington Times, by Audrey Hudson--http://
www.washingtontimes.com/news/2002/may/26/20020526-025453-2237r/
Rep. John J. Duncan Jr., Tennessee Republican--``Having a wildlife
refuge or a national memorial that only bureaucrats can visit does not
make a whole lot of sense,'' Mr. Duncan said. ``I think the veterans
who fought in the Battle of Midway deserve to be treated better by the
Fish and Wildlife Service,'' Mr. Duncan said.
February 7, 2006, Posting on FWS Web Site Visitor Services Planning
Underway
``Refuge staff, with assistance from two Honolulu-based FWS staff,
set aside a week in early January to embark on Midway Atoll NWR's long-
awaited Visitor Services Plan, the next step toward enhancing the
visitor program on the atoll.''
visitor program feasibility study--2005
In 2005 the FWS spent more than $200,000 for a Feasibility Study,
to determine if a Visitor Program were feasible at Midway. The study
provided proof and offered examples of how a Visitor Program would work
via an alternate Cooperative Agreement with a new Cooperative
Contractor. The FWS elected to ignore the recommendations of that
report and did not select an alternate Cooperator to run a Visitor
Program, as stated in 2002.
FWS Visitor Program Closed--In Their Own Words
``Midway's remote location and the high cost of fuel and
chartering aircraft make it an expensive place to visit. The
Fish and Wildlife Service has investigated several
administrative and logistical management options related to
administering reservations, cancellations and collection of
money, including on-site management of independent travel
groups. It has been determined that it would not be possible to
advertise, manage reservations and cancellations and respond to
travel requests, in addition to developing and investigating a
legal mechanism for collection of money, without an additional
full-time staff person dedicated to visitor services
management. The current budget climate does not allow for this
additional staff.''
I have been witness to FWS methods for the past 26 years. I've
witnessed their actions don't always match their words. As an example,
they're planning to install an electrical power generator that is much
smaller in size than the one they're now using. ``If'' they were
actually planning to once again host an Affordable Visitor Program,
they'd be gearing upward, not downsizing.
All private, commercial and otherwise, aircraft are banned from
landing on Midway, unless it's an emergency; this includes all military
aircraft. Only emergency landings are allowable. Ocean access to Midway
is completely unavailable, including access in an emergency. Midway
airport is completely closed! Per AirNav.com--``APT CLOSED TO ALL
TRANSIENT ACFT. APT OPEN FOR ETOPS AND APPROVED ACFT OPNS ONLY''
I witnessed an aircraft on a military mission, being denied
permission to land at Midway; FWS stated it would interfere with their
Halloween Party. Recently, a sailboat was denied permission to enter
the safe harbor at Midway, even though declaring an emergency; their
water-making system was no longer working. The FWS decided it was best
to take fresh water out to the sailboat, to keep the boat away from the
island.
FWS continues to try and lead the public into believing they want a
visitor program. They have claimed their Visitor Program was open on a
weekly basis from 2008 until 2012: this claim is not entirely true,
confirmed by media articles of that time period. FWS would claim they
were open for public visitation but were charging as much as $7,000 per
seat for airfare and requiring the visitors to work or pull weeds while
on the island. One year, the FWS claimed they were open for visitors
when in fact they had only hosted a few hundred visitors from a cruise
ship for a few hours.
From May 1, 2002 till 2008, the Visitor Program was mostly closed--
6 years. Since MPC departed from the island the Visitor Program has
been closed for about 8 of the 12 years.
island stewardship
Anyone who has viewed recent pictures of the island, the photos
speak for themselves. The Report Card for FWS stewardship is there for
all to see. http://vimeo.com/80519456
Since 2002 when MPC made their exit from the island, the FWS has
been responsible for stewardship and contracted with Chugach McKinley
to maintain the island. The FWS stated in writing, they would only
maintain buildings and structures they can ``use,'' regardless of their
historic significance.
Prior to Midway being transferred from the Navy to the FWS, 111
buildings and structures were demolished. Per FWS, these buildings and
structures were demolished for the purpose of ``right-sizing'' to the
needs of FWS for the new mission as a Wildlife Refuge with a Visitor
Program. Ninety-six buildings and structures were left standing for FWS
to use and maintain in support of a Visitor Program.
The FWS continues to demolish buildings that could be used to
support an Affordable Visitor Program. In their words, they are still
``right-sizing.'' FWS stated in writing, they have a $160 million
``Maintenance Backlog.'' We firmly believe that the majority of the
``Maintenance Backlog'' money is for the demolition of buildings that
have been marked as ``Abandoned'' over the past 12 years. Buildings
that were once used to support an Affordable Visitor Program are now
being abandoned. Some have referred to this as ``Demolition by
Neglect.'' First the building is abandoned and then deemed as unsafe,
making it eligible for demolition.
fws contract with chugach: no maintenance plan for the following
buildings
The Main Galley: Abandoned--Scheduled for demolition.
Properly maintained and managed, the Main Galley would support
a Visitor Program.
The Main Hangar: Abandoned--Scheduled for demolition.
Properly maintained and managed, the Main Hangar to serve as
building/office space for support of an active Visitor Program.
The Historical SAR Hangar: Abandoned--Scheduled for demolition.
FWS stated that they have no plan to maintain the Historic Sea
Plane Hangar and have referred to it as ``an abandoned ruin.''
The Historic Station Theater: No Maintenance Plan.
The Station Theater has a hole in the roof. Rather than repair
the hole, the FWS has elected to abandon the building. They
also removed historical murals from the walls of the Station
Theater and sent them to Ford Island for storage, an indicator
of their inability or interest to maintain historical
structures.
BOQB Living Quarters: Abandoned--Scheduled for demolition.
Properly maintained, this building would serve to house Midway
visitors.
BEQB Living Quarters: Abandoned--Scheduled for demolition.
Properly maintained, this building would serve to house Midway
employees, who serve to support an active Visitor Program.
BEQC Living Quarters: Abandoned--Scheduled for demolition.
Properly maintained, this building would serve to house Midway
employees, who serve to support an active Visitor Program.
The All Hands Club: May soon close its doors for good.
The Main Fuel Farm: Abandoned--Scheduled for demolition in 2016.
Properly maintained and managed the Fuel Farm is a main source
of revenue off-setting the operational costs of running the
island. Two large tanks, each holding 2 million gallons, are
scheduled for demolition. These large tanks are being replaced
with smaller/portable tanks, with a total capacity of about
450,000 gallons.
FWS has verbally stated that they have no plans to demolish
additional structures, such as the Fuel Farm. However, we hold a 122-
page document clearly confirming the demolition schedule as being right
on time. This includes the Fuel Farm scheduled for demolition in 2016.
The Fuel Farm is key to a successful and Affordable Visitor Program.
Fuel sales to transient aircraft and ships were the number one profit
source, while MPC was on-island. Every dollar that is earned from Fuel
Sales becomes one less dollar of burden for the American Taxpayer.
Abandoned Airfield
The FWS abandoned the airfield at Midway claiming they had no need
for an airport at the wildlife refuge. This required the FAA to station
five full-time employees to the island to manage the airport. At the
same time the FWS is the primary entity currently using the airport for
scheduled logistical flights. The airport is otherwise only open for
Transpacific aircraft that declare an emergency.
Costs of the Airfield on Midway Island--https://www.oig.dot.gov/sites/
default/files/midway-Final.pdf
``For the 15-month period of January 2004 through March 2005, there
were 136 aircraft landings at Midway airfield, one of which was an
emergency landing for a commercial airline. FWS is the primary user of
the airport and regularly flies staff, volunteers, and supplies to
support its refuge mission activities.''
March 16, 2002, Article in The Washington Times, by Audrey Hudson--
http://www.washingtontimes.com/news/2002/mar/16/20020316-041107-4551r/
FWS Spokesperson, Mark Pfeifle--``We will implement a transition
strategy to preserve the condition of the facilities and ensure the
continued conservation of Midway's fish, wildlife and historical
resources,'' said spokesman Mark Pfeifle. ``The agency is looking for
another private company to resume the operations on the island. The
Fish and Wildlife Service will use its own funds until another
corporate sponsor can be recruited.''
demolition by fws--historic buildings demolished without input from the
general public
Four of the five Historic Cable Station buildings were
demolished in 2013
Two Historic Marine Barrack buildings were demolished in
2013
SKI Warehouse was demolished in 2013
Demolition Schedule--Removal Action Work Plan: Web Link,
130 Page PDF Document--http://www.fws.gov/uploadedFiles/
Region_1/NWRS/Zone_1/Midway_Atoll/Documents/
AR0062%20Midway%20RAWP%20FINAL.pdf
restoration/renovating projects by fws
Web Link--Photos of Remodeled Homes--http://recovery.doi.gov/press/us-
fish-and-wildlife-service/midway-atoll- percent20national-wildlife-
refuge/
To their credit, FWS managed to rally for a $1.6 Million American
Recovery and Reinvestment Act (ARRA) grant, for major remodeling of
Officers' Row of housing. Worth noting, these homes are occupied by
residents of Midway. As FWS stated, they are only interested in
maintaining buildings they can ``use,'' seemingly without regard to
historical significance.
Cable Station Buildings--One of five Cable Station buildings was
partially restored.
Web Link of Restored Cable Station Building--http://www.midway-
island.com/documentation/cable-station-one-restored-building/
midway fuel spill
In February of 2003, the FWS was responsible for the largest fuel
spill in recorded history for the entire Hawaiian archipelago. It was
reported, between 75,000 and 100,000 gallons of fuel were spilled at
Midway costing millions to clean up. When MPC was on-island, five full-
time employees manned the Fuel Farm. After MPC departed from the island
the Fuel Farm was manned by one part-time employee.
The former MPC Fuel Farm Manager stated that five valves would have
to have been left pressurized long-term for the leak to occur where it
did.
spending/taxpayer costs
Over the past 12 years, the FWS has spent millions upon millions of
dollars to maintain the island. This money was spent for services they
were getting for FREE by the previous Cooperator, Midway Phoenix while
operating an Affordable Visitor Program.
recommendations
More than 12 years ago, the FWS Refuge Manager stated, at our
weekly managers meeting, he had a list of alternate Cooperators who
were standing by, ready and eager to take the place of MPC. Where are
they, where is even one?
I recommend an immediate stop to the demolition of the fuel tanks
and for maintenance and repairs to be immediately done before all hope
of a visitor program is stripped away by the FWS through their
maintenance neglect. The Fuel Farm is crucial piece of an Affordable
Visitor Program.
I would also recommend that the FWS be required to maintain
abandoned buildings, using a fair portion of their wildlife money
toward repair and restoration of abandoned structures. I would
recommend they be required to include an equal number of volunteers for
historical buildings at Midway as they now have for their favorite
wildlife projects. I would also recommend that the IMMF be empowered to
monitor volunteer members, so that historic preservation can be
accounted for. A watchdog needs to be appointed.
I would also recommend that the airport be reopened to the public.
Fuel sales at Midway would reduce the operational cost of the island
and offset the cost for an Affordable Visitor Program.
In order for a new Cooperative Agreement to work, it would need to
be moderated by any of the following entities: the U.S. Coast Guard,
the National Park Service, the U.S. Navy, the FAA, and the
International Midway Memorial Foundation. FWS and the new Cooperator
could present their disagreements to a panel of third party Mediators,
to resolve disputed issues.
I recommend that Midway be reverted to an Overlay Refuge, as it was
when the Navy was still on-island, and the FWS only manage the
wildlife, nothing else. It's been 26 years since FWS assumed
responsibility for the island. If they have not yet figured it out by
now, they never will.
Midway Island does not need a name change. The battle was fought as
the Battle of Midway Island. Birth certificates do not say Midway
Atoll, but Midway Island. Veterans, and all those who cherish Midway
know this tiny dot of land as Midway Island, not Midway Atoll. We must
honor those who fought and remember the island as ``Midway Island.''
Midway does not need millions upon millions of government handout
money for more of the same. Midway needs limited enterprise to help
this historical island be self-sufficient. Midway has natural and
historic resources that enable the island to be self-sustaining, via a
properly managed and Affordable Visitor Program.
It is clear to the majority that the FWS remains fixated on
wildlife-only issues. Today, Midway is seemingly a sinking ship where
the distress alarm has NOT been very loud or clear.
notes and documentation
Media Quotes
April 12, 2009, 2nd Battle of Midway apparently lost--http://
www.redstate.com/diary/innocbystr/2009/04/12/2nd-battle-of-midway-
apparently lost/
In 1999, in recognition of the atoll's historical significance,
Congress directed the Secretary of the Interior to develop Midway as a
National Memorial and establish a preservation program for its historic
military buildings and gun emplacements. This was to include
interpretative displays and promotion of tourist visits.
February 4, 2002, Honolulu Star Bulletin, by Mitch Stacy, Associated
Press,
U.S. Coast Guard Statement--http://archives.starbulletin.com/2002/02/
04/news/story5.html
It is a situation that concerns the Coast Guard, which depends on
the island as a refueling stop during law enforcement and rescue
operations. ``If I don't have Midway, that area gets a little bit
bigger,'' said Capt. Steven Newell, the Coast Guard's chief of the
expansive North Pacific district.
June 4, 2012, Battle of Midway Memorial Handout Brochure--http://
www.papahanaumokuakea.gov/pdf/midway_q_and_a_brochure.pdf
other useful web sites
My Midway Island Web Site
http://www.midway-island.com/
Battle of Midway Ceremony--2012 Brochure
http://www.papahanaumokuakea.gov/pdf/midway_q_and_a_brochure.pdf
Midway Island Fee Schedule
http://www.fws.gov/uploadedFiles/Region_1/NWRS/Zone_1/Midway_Atoll/
Documents/Midway%20Fee_Schedule%20Rev.%205-5-2014.pdf
Before/After Photos of Midway Island
http://www.midway-island.com/bird-photos/before-and-after/
Midway Island--A Battle Lost to USFWS
http://vimeo.com/80519456
______
Mr. Fleming. OK. Thank you for that, Mr. Daak.
And next, Dr. James D'Angelo, Chairman of the International
Midway Memorial Foundation.
STATEMENT OF JAMES M. D'ANGELO, Ph.D., USAF RETIRED, CHAIRMAN,
INTERNATIONAL MIDWAY MEMORIAL FOUNDATION
Mr. D'Angelo. Good morning, Chairman Fleming and Members--
--
Mr. Fleming. Sir, you will need to pull the microphone
close to your mouth.
Mr. D'Angelo. Good morning, Chairman Fleming and members of
the House Subcommittee on Fisheries, Wildlife, Oceans, and
Insular Affairs.
I am Dr. James D'Angelo, Chairman and Founder of the
International Midway Memorial Foundation, which is dedicated to
the memory of the Battle of Midway.
The Battle of Midway, which took place from June 3-7, 1942,
was a battle of historic proportions and was not only the
turning point of World War II in the Pacific, but affected the
outcome of World War II in Europe.
In 1999, the designation of Midway as a national memorial
was signed into law by President Bill Clinton. Midway deserves
to be memorialized throughout time by mandating a permanent
policy of public visitation to the atoll.
In the 1999 legislation, the Secretary of Interior was
directed to regularly consult with the IMMF on the management
of the National Memorial. To date, neither the Wildlife Service
nor the Department of the Interior has carried out this
directive.
In 1996, Midway Phoenix and Fish and Wildlife entered into
a cooperative agreement to provide all logistic and
administrative services on the atoll at little expense to the
taxpayers.
Midway Phoenix left Midway in 2002 after a dispute by Fish
and Wildlife's demand that Midway Phoenix pay $2 million for
aviation fuel that was gifted to Midway Phoenix in 1996.
In 2003, after the departure of Midway Phoenix, Chugach, a
private-sector company based in Alaska, took over the
responsibility of maintaining Midway's infrastructure. The cost
of operating Midway rose exponentially, all of which was borne
by the taxpayers.
In 2003, the IMMF submitted its feasibility study on a
public visitation program at Midway. In 2005, Fish and Wildlife
spent $200,000 for a study to determine the feasibility of
reinitiating a public visitors program on Midway.
Both studies concluded that a public visitation program
would be most viable if a private contractor was utilized to
maintain the entire infrastructure on Midway, as well as to
administer the public visitation program. Both were ignored by
Interior and Fish and Wildlife.
Private-sector management of a public visitation program
was successfully demonstrated in the last year of Midway
Phoenix's tenure when it made a profit of $26,138, despite the
restrictions placed on it by the Fish and Wildlife Service.
The following are examples of failures that have occurred
under Fish and Wildlife's watch:
In February 2003, nearly 100,000 gallons of fuel leaked
from the fuel farm, which was being manned by only one part-
time employee. Cleanup was estimated to have cost taxpayers
millions of dollars.
The Fish and Wildlife Service demolished historic
structures on Midway without any notification of such plans to
the IMMF, as directed by law.
The Fish and Wildlife Service is also planning the total
destruction of all the buildings and structures on Midway. And
we have attachments that document that from their own brochure.
The atoll remains closed to public visitation for the
foreseeable future, a condition facilitated, in part, by the
elimination of profit-making aviation fuel sales to commercial
and military aircraft; the planned destruction of two large
fuel tanks in 2016, which will limit the potential for profit-
making fuel sales; and by the deterioration and demolition of
structures which would support public visitation.
The measures Fish and Wildlife have taken in the
administration and operation of Midway since 2002 have only
served the interest of Fish and Wildlife with little regard for
public visitation or for Midway's historic value.
To rectify these problems, on behalf of the IMMF, I am
recommending that a permanent advisory board of governors be
created that would include Fish and Wildlife, the National Park
Service, the U.S. Coast Guard, the Navy, FAA, the IMMF, and a
private contractor operating Midway.
The president of the board would be rotated annually from
each of its members, except for a private contractor, and an
annual audit would be performed and reported to the Secretary
of Interior.
This would allow for a viable management solution that
meets the needs and addresses the concern of all who have an
interest in the future of Midway Atoll.
I want to thank the committee for the opportunity to
testify and express the hope that Midway Atoll National
Memorial and public visitation will receive the proper
management and attention they all deserve.
Thank you.
[The prepared statement of Mr. D'Angelo follows:]
Prepared Statement of James M. D'Angelo, M.D., USAF Veteran, Chairman
and Founder of the International Midway Memorial Foundation
The International Midway Memorial Foundation (IMMF) is a non-
profit, tax-exempt corporation, established in the state of Maryland in
1992, and is dedicated to the memory of the Battle of Midway.
historical perspective
The Battle of Midway, which took place from June 3-7, 1942, was a
battle of historic proportions and the turning point of World War II in
the Pacific. After the Battle of Midway, Japan was never able to go on
the offensive again. Admiral Isoroku Yamamoto's decision to include the
islands of Midway in his strategic plan against the United States was
flawed and thus paved the way to a U.S. victory. Historians now believe
that the victory at Midway had significant effects on the outcome of
World War II in Europe:
It allowed the United States to take its first offensive--
that of invading North Africa--which ultimately resulted in
the destruction of the German African Corps;
Japan's defeat meant that Russia was able to transfer its
troops from Manchuria to the east to bolster the defense of
Stalingrad against German forces; and
It guaranteed the timetable for the Allied invasion of
Normandy.
For these reasons alone, Midway should have a functioning National
Memorial and public visitation. But beyond its significance in the
course of historical events, the Battle of Midway represents the
courage, determination and sacrifice of the men who fought to retain
Midway, and deserves to be memorialized throughout time by preserving
Midway's history and by mandating a permanent policy of public
visitation to the Atoll.
jurisdiction (u.s. navy and the usfws)
In 1996, jurisdiction over the Midway Atoll was transferred by the
U.S. Navy to the U.S. Fish and Wildlife Service (USFWS). The IMMF
encouraged Congress to designate the Midway Atoll as a National
Memorial and its efforts were rewarded in November 2000 when President
Clinton signed legislation that designated the Midway Atoll as a
National Memorial. In that legislation the Secretary of Interior was
directed to regularly consult with the IMMF on the management of the
National Memorial. To date, neither the USFWS nor the Department of
Interior has regularly consulted with the IMMF on the management of the
National Memorial.
usfws and midway phoenix corporation
In 1996, Midway Phoenix Corporation (MPC) and the USFWS entered
into a cooperative agreement for MPC to provide all logistic and
administrative services on the Atoll at no expense to taxpayers. Only
USFWS' room, board and mission activities were paid by the taxpayer.
From 1996-2002, MPC faithfully carried out this agreement in spite
of Draconian restrictions placed on its activities by USFWS. Examples
of such measures were the closing of Eastern Island to the public (the
site where the original airstrip is located), transferring endangered
Hawaiian Monk seals to the shores of Midway Atoll which resulted in the
closing of all heretofore public beaches, limiting cruise ships' access
to Midway Atoll and limiting the sale of aviation fuel by MPC. The
primary reason why MPC departed from Midway in 2002 was over the issue
of aviation fuel. In 1996, when the U.S. Navy transitioned from Midway,
it gave the remaining fuel in the tanks to the USFWS. In 1997, the
remaining fuel was gifted to MPC because USFWS was not permitted to
make a profit from the Wildlife Refuge. MPC then sold the fuel to
transient aircraft at approximately $5.00 a gallon. By 2002, MPC had
invested $15 million of its own money toward improving the
infrastructure of the Atoll. With 1 month's supply of fuel remaining,
USFWS demanded that MPC pay $2 million for the aviation fuel that had
been gifted to MPC in 1997. This non-negotiable and inexplicable action
by the USFWS prompted MPC to leave Midway.
usfws financial management of midway atoll
As previously stated, during the tenure of MPC's administration of
Midway Atoll, all logistic and administrative operations were carried
out on Midway at no expense to taxpayers. In 2003, after the departure
of MPC, Chugach, a private sector company based in Alaska, took over
the responsibility of maintaining Midway's infrastructure. The cost of
operating Midway rose exponentially, all of which was borne by the
taxpayers.
The IMMF obtained information about the financial expenditures by
USFWS from two sources, the Interior Department Electronic Acquisition
System (see Attachment 1), and the Division of Congressional and
Legislative Affairs (DCLA) (see Attachment 2). The following data was
acquired from IDEAS. In 2003, USFWS paid Chugach $24,439,634. In 2004,
this amount increased to $86,376,374. In 2005, USFWS paid $75,995,693
to Chugach. According to IDEAS, the total paid to Chugach by USFWS for
the 3-year period was $186,811,701.
According to the report from DCLA, USFWS' Midway operating expenses
from 2005-2013 varied from $4,007,884 to $4,781,505. For 2005, however,
there is a striking discrepancy between the two sources of the
expenditures by USFWS at Midway. As noted above, the IDEAS report
indicates the expenses to Chugach were $75,995,693, but the report from
the DCLA states USFWS Midway costs were $4,553,693. The difference of
the two reported values requires further investigation (there was no
data from DCLA for the 2003-2004 period). In conclusion, the minimal
cost to taxpayers of MPC's administration of all operations on Midway
rose to millions of dollars under USFWS/Chugach.
decline and cessation of midway's public visitation policy (2002-2014)
In the aftermath of MPC's departure, public visitation to Midway
between the years 2002-2013 was allowed on a part-time basis in only 4
years out of the 12-year period. In 2013, public visitation ceased.
On January 8, 2003, the IMMF submitted its feasibility study
(Submitted for the Record) on a public visitation program. The study
concluded that a public visitation program was most viable if a private
contractor was utilized to maintain the entire infrastructure on Midway
as well as to administer the public visitation program. The study was
ignored by Interior and the USFWS.
In 2005, USFWS spent $200,000 for a study to determinate the
feasibility of reinitiating a public visitors program on Midway. This
study also concluded that public visitation was most feasible if it
were conducted by a private contractor, who would also be responsible
for all administrative and operational aspects of the Midway Atoll,
including public visitation.
The conclusion of USFWS' feasibility study was similar to that of
IMMF's 2003 study, but neither proposal was acted upon by the
Department of Interior and USFWS. Apparent disregard for the
conclusions of these studies indicates a lack of interest and/or desire
by USFWS for any public visitation on Midway. In addition, USFWS plans
to destroy the two large fuel tanks on Midway in 2016, a logistically
irreversible change (Document submitted for the Record). This would
result in the destruction of what was historically the primary source
of non-taxpayer income to the Atoll, and would--in reality--make any
future public visitation to Midway impossible. Currently, USFWS is
leasing smaller, above-ground portable fuel tanks. They do not have the
capacity of the original tanks, and could be removed at any time. The
existence of these tanks and their potential for easy removal strikes
another blow to a potential visitation program.
In summary, the key to a successful public visitation program is to
utilize a private sector contractor; this concept was supported by the
IMMF's and the USFWS' feasibility studies, and MPC was able to
demonstrate that this could be done successfully with no expense to
taxpayers. USFWS has virtually ensured public visitation will never
return to Midway by (1) eliminating the sale of aviation fuel to
commercial and military aircraft; (2) by planning the destruction of
the two large fuel tanks in 2016 which would severely limit the
potential for profit-making fuel sales (the current fuel supply is
solely for the use of USFWS' needs); (3) by allowing the deterioration
of buildings; and (4) by carrying out--as well as planning for--the
demolition of buildings and structures which would support public
visitation. The measures USFWS have taken in the administration and
operation of Midway since 2002 have only served the interests of the
USFWS, with little regard for public visitation or for Midway's
historic value.
midway's airstrip on sand island
The airstrip on Sand Island is no longer used as a full-time
alternate emergency landing site for trans-Pacific flight nor is
aviation available for aircraft. As recent as July 2014, an United
Airlines trans-Pacific passenger plane was forced to make an emergency
landing on Midway due to electrical difficulties.
usfws mismanagement of midway's infrastructure
The following has occurred under USFWS' watch:
Despite the fact that some of the remaining lead-painted
buildings are being maintained, others are being allowed to
deteriorate, resulting in environmental contamination with
lead paint chips, exposing the birds on the atoll to
potential lead toxicity.
In February 2003, between 75,000 to 100,000 gallons of
fuel leaked from the fuel farm which was being manned by
only one part-time employee, rather than the five full-time
employees employed by MPC. It was estimated by the MPC Fuel
Farm manager that at least five valves had to have been
pressurized in order for the leak to occur. The leakage was
the largest in recent Hawaiian archipelago history.
According to the Honolulu Advertiser, it was estimated to
have cost millions of dollars for USFWS to clean up the
fuel leak.
The USFWS demolished the Marine Barracks and four of the
five historic telegraph cable buildings without any
notification of such plans to the IMMF as directed by
Public Law 106-113: Section 126. The USFWS is also planning
the total destruction of all the buildings and structures
on Midway (Document submitted for the Record).
The Atoll remains closed to public visitation for the
foreseeable future.
current reports
The preceding statements document USFWS' inability to manage all
the functions of the Midway Atoll both administratively and
operationally. This is clear from the 18-year history of its tenure on
Midway. Currently, there are the following reports:
That the private contractor Chugach has offered to leave
before the April 15, 2016 expiration date;
That aviation fuel is running low in the two large fuel
tanks and will be empty in 2016, with no plan by USFWS to
obtain additional fuel;
Only emergency aircraft will be permitted to land on
Midway;
Bonin Petrels (birds) have overtaken the Atoll, creating
deep underground burrows, which lead to the death of young
Laysan Albatross when they fall into the tunnels and injure
the adult Albatross when they land.
solutions to midway's problems
It is my opinion that there needs to be a change in the
jurisdiction of Midway Atoll in order for it to become viable again,
and for public visitation to occur on a consistent, fiscally sound
basis. In addition, it is important that the airstrip on Sand Island
operate once again as a full-time alternate trans-Pacific emergency
landing site. On March 20, 2013, Senator Brian Schatz proposed one
solution in Senate Bill S. 616 which directs the Department of Interior
to study the feasibility of having the National Park Service, as well
as private and non-profit organizations, assume responsibility for
preserving, protecting and interpreting the natural and historic
resources at Midway.
On January 8, 2003, the IMMF offered to the Department of Interior
its solution to Midway's difficulties (Submitted for the Record). It
emphasizes that Midway Atoll can best be operated by the private
sector, which in turn would administer the public visitation program.
This scenario is feasible only if:
USFWS does not impede conditions in which a private
contractor could make a profit, from, for example, the sale
of aviation fuel to aircraft;
Midway's continued availability as an alternate emergency
trans-Pacific landing site exists; and
Midway's aviation fuel is offered to the U.S. Coast Guard
as needed for its search and rescue missions.
In addition to revenues from aviation fuel, revenues need to be
supplemented by public visitation. Using these basic principles, prior
to its departure from Midway in 2002, MPC made a profit of $26,138 with
no cost to the taxpayer, despite restrictions placed upon it by the
USFWS.
Regarding the governance of Midway Atoll, the foundation recommends
a permanent Advisory Board of Governors be created that would include
U.S. Fish and Wildlife Service, National Park Service, U.S. Coast
Guard, U.S. Navy, FAA, the International Midway Memorial Foundation and
a private contractor operating Midway. The President of the Board of
Advisors would be rotated annually from each of its members, except the
private contractor, and an annual budget and audit would be performed
each year and reported back to the Secretary of Interior. This would
allow for a viable management solution that meets the needs, and
addresses the concerns, of those who have an interest in the future of
the Atoll and all for which it stands.
Attachments:
1. Report from the Interior Department Electronic Acquisition System
detailing USFWS' expenses for the years 2003-2005
2. Report from the Division of Congressional and Legislation Affairs
detailing USFWS' expenses for the years 2005-2014
Submissions for the Record:
IMMF's Feasibility Study submitted to the Department of Interior in
2003
USFWS' Removal Action Work Plan to demolish the two fuel tanks on
Midway in 2016
ATTACHMENT 1
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
ATTACHMENT 2
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Fleming. OK. At this point we will begin Member
questioning of the witnesses. To allow all Members to
participate and to ensure we can hear from all of our
witnesses, Members are limited to 5 minutes for their
questions. However, if Members have additional questions, we
can have more than one round of questioning.
I now recognize myself for 5 minutes.
Mr. Foerster, I am going to go through several questions.
So I would appreciate a yes or no, a very brief answer, just so
I can get through them. During the second round, we can
certainly visit back on them. Will you assure this committee
today that, in the future, you will consult with the
International Midway Memorial Foundation before any additional
historic structures are destroyed?
Mr. Foerster. Yes, sir. We will consult with the IMMF.
Mr. Fleming. OK. Thank you.
Will you testify today that the two large fuel tanks which
each hold 2 million gallons will not be destroyed or removed
and will be fully functional for the next 10 years?
Mr. Foerster. We need to check the status of those fuel
tanks--the structural status of those fuel tanks and the
physical integrity.
If additional tanks are needed, we would perhaps go in that
direction, but we would do that in consultation with our
partners, as directed by Congress.
Mr. Fleming. OK. Mr. Daak, did you want to add something? I
am sorry.
Mr. Daak. Yes. I would like to add.
I had mentioned before the fuel tanks are key to an
affordable visitor program. They supplement the dollars that
are actually needed to fly there. And without the fuel sales to
ships and planes, the seats to Midway are much more expensive.
And, at present, they are not using the fuel tanks because
they are planned to be demolished. They have instead new
portable above-ground tanks that hold 12,000 gallons each.
Mr. Fleming. Mr. Foerster, is that true, that the tanks are
scheduled to be demolished?
Mr. Foerster. I believe, within our maintenance management
plan and deferred maintenance plan for the entire refuge
system, we identify individual structures, buildings, tanks,
roads, runways, and we identify the life of the structures.
Mr. Fleming. Well, again, I need short answers.
Is it scheduled for demolition?
Mr. Foerster. I believe every piece of--every building that
we have----
Mr. Fleming. I don't want to know about the other pieces. I
want to know about the tanks.
Mr. Foerster. The tanks. I believe the tanks are listed
within our maintenance management----
Mr. Fleming. To be destroyed. OK.
So your answer, then, to that question is really, no, you
can't give us assurance that those tanks won't be removed
because you know they are going to be demolished.
Mr. Foerster. I don't know that. I don't know they are
going to be demolished, sir. I know that we will consult----
Mr. Fleming. OK. Thank you. Thank you. I got my answer.
Thank you.
Mr. Foerster. Yes, sir.
Mr. Jordan. Mr. Chairman?
Mr. Fleming. I am sorry, sir. It is my time.
Since 1997, what percentage of time has the refuge been
opened to the public, Mr. Foerster?
Mr. Foerster. Sir, since 1997, the Navy had responsibility
for the visitor services program up until the transition, I
believe in 2005, 2006, and then----
Mr. Fleming. So what percentage? Can you give me a rough
idea. Again, I have limited time here.
Mr. Foerster. Timewise, sir, I believe the Navy had that
component and then, after 2006, the Service had the
responsibility for visitor services.
Mr. Fleming. So what percentage of time has it been open,
approximately? Since you have had title to it, what percentage
of time has it been open to visitors, to the public?
Mr. Foerster. I don't have the exact number right in front
of me, sir. I am sorry. It has been, it was opened----
Mr. Fleming. All right. We will take that for the record.
Mr. Foerster. Thank you, sir.
Mr. Fleming. Get back to us on that.
Mr. Foerster. And I will make sure you get that. Thank you.
Mr. Fleming. If I were to fly my own plane to Midway, would
I be allowed to land?
Mr. Foerster. Sir, Midway is currently closed to all
visitors except in emergency circumstances. So if you had an
emergency, yes, sir.
Mr. Fleming. OK. If I were to sail my own boat to Midway,
would I be given permission to enter the harbor?
Mr. Foerster. Again, because Midway Atoll is currently
closed, if you had an emergency, yes.
Mr. Fleming. Has the Service denied entry to various planes
and boats in the past year?
Mr. Foerster. I don't have that answer in front of me, sir,
but I will certainly find out and get it for you for the
record.
Mr. Fleming. Yes. Please get back to us for the record.
Is it true that no special-use permits have been issued
since 2005?
Mr. Foerster. No, sir. I believe permits have been issued
since 2005.
Mr. Fleming. OK. Have there been requests? I assume there
have been requests because you say you have issued those. We
would like a report on the numbers.
Mr. Foerster. Yes, sir. The number of special-use permits
and who they are issued to?
Mr. Fleming. And who they are. Yes.
Mr. Foerster. Yes, sir. We will get that.
Mr. Fleming. And please explain why it will cost $1.5
million to operate a 6-month visitor program.
Mr. Foerster. Working in a remote marine environment is
very challenging and difficult. Everything that we do out there
is expensive. Obviously, there is not a Costco down the street.
Everything has additional costs. It costs upwards of a half
million dollars to get a barge out there. It is incredibly
expensive. So everything has added capacity----
Mr. Fleming. Since my time is running out, if you would
also take that for the record.
Mr. Foerster. I certainly will. Thank you, sir.
Mr. Fleming. If you would get back the breakdown for that
cost.
Mr. Foerster. Thank you.
Mr. Fleming. My time is up. I will yield to the gentlelady
from Guam.
Ms. Bordallo. Thank you very much, Mr. Chairman.
While there have been many accusations made against your
agency, Mr. Foerster, but I know that, as a government agency,
you also have to deal with all kinds of other agencies before
you go ahead with whatever is happening.
Both of the Majority's witnesses have said that the Service
has temporarily discontinued the Midway Atoll visitation
program, but they seem not to recall the steps you have taken
to allow us access when funds are available.
So to refresh their memories, please answer the following.
On the first, I would just require a yes or no. Was there
public visitation on Midway when it was in the Navy's control
prior to 1996?
Mr. Foerster. Not that I am aware of. I believe it was a
naval base. I do not believe there were visitor services at
that point.
Ms. Bordallo. Since taking over management of Midway, has
the Service facilitated public events on the atoll to
commemorate the Battle of Midway and are similar events planned
for the future?
Mr. Foerster. Yes, ma'am. We have had a number of events to
commemorate the battle. There were commemorative celebrations
on the 60th anniversary, the 65th anniversary, and the 70th
anniversary. In addition, on Memorial Day, Veterans Day, we
hold special events for that.
On the 70th anniversary, my regional director was out there
and had the opportunity to stand on the beach with a veteran of
the Battle of Midway, and he shared his personal experience
with her, brought her to tears. She came back to me and
impressed upon me the importance of ensuring that we are doing
right by the National Memorial.
Ms. Bordallo. Thank you.
If Congress provided additional and sufficient funding
specifically for the purpose of running a visitor program,
would the Service resume visitor services at Midway?
Mr. Foerster. Yes. Added capacity. Yes, ma'am.
Ms. Bordallo. Now, another question I have for you, Mr.
Foerster.
Many private businesses, including guides, outfitters, and
concessionaires, operate daily in and around national wildlife
refuges and demonstrate the flexibility to make a profit while
also ensuring that their operations are protective of refuge
resources.
Even as new management resources take effect, we have
already established that Midway Phoenix Corporation, by its own
admission, was unable to live up to its promises and run a
sustainable tourism operation.
Do you believe it is realistic to provide mass tourism on
Midway at no expense to the taxpayer or is that a pipe dream?
Mr. Foerster. We believe that it is possible to provide a
high-quality visitor services program on Midway. We believe it
would be a challenging endeavor. It would be very expensive, as
I mentioned.
It is challenging to get things out there, but we do
believe it is possible to provide a high-quality visitor
services program within the limits of the National Wildlife
Refuge and the National Memorial.
Ms. Bordallo. Thank you.
Mr. Jordan, your work at Midway has focused on the massive
colonies of albatross that nest there and the impacts that
marine debris, specifically plastic pollution, has on their
survival.
So will you please talk a bit more about the massive scale
and profound implications of the marine debris problem.
Mr. Jordan. Yes.
Ms. Bordallo. And if you could make it short because I just
have a minute and a half left.
Mr. Jordan. Yes. OK.
There are an estimated 97,000 tons of plastic floating in
the Pacific Ocean and there are lots of different engineers and
biologists who have gone out there and tried to figure out ways
to clean it up.
And as far as anybody knows, the plastic can't be cleaned
up out of the ocean and, even if it could be, it is pouring out
of polluted rivers and it is being dumped by all kinds of
different boats all the time.
The reason that the plastic shows up in such a powerful way
on Midway is the albatross range over the entire Pacific Ocean
to collect food to come back and feed their babies. And so what
they come back to the island with is stomachs filled with
cigarette lighters and toothbrushes and plastic bottle caps.
So, really, the problem of plastic pollution on Midway
Island is no different than it is on any other island in the
Pacific or elsewhere in the world, except that the albatrosses
just bring it in this viscerally powerful and visual way.
Ms. Bordallo. OK. Thank you.
Now, you mentioned in your testimony particularly that of
the Verbesina plant and the Ironwood trees. Do you think it is
important to eradicate these plants both for the purpose of
protecting native natural resources and for the historical
value of restoring the atoll to the conditions that early
visitors to Midway would have seen?
Mr. Jordan. Yes. It is incredibly important. Verbesina is a
cute, little yellow daisy that grows naturally above 10,000
feet in the Colorado Rockies and, when you plant it at sea
level on a tropical island in 4 million years of Guano, it
grows 7 feet high and into these huge bushes that produce
millions and millions of seeds.
And if Fish and Wildlife stopped their efforts to rip out
and control Verbesina, the entire island would be covered with
it within a very short time and the albatrosses wouldn't be
able to live there anymore. Same thing with the Ironwood trees.
Ms. Bordallo. Thank you. My time is up.
Thank you, Mr. Chairman.
Mr. Fleming. Gentlelady's time is up.
Mr. Lowenthal is recognized for 5 minutes.
Mr. Lowenthal. Thank you, Mr. Chair.
Mr. Jordan, your photos of the albatrosses at Midway Atoll
that have died from ingesting plastics are really striking.
And I know a little bit about that from, I don't know if
you know Mr. Charles Moore of the Algalita, who is a
constituent of mine. I have known Charlie for 20 years.
And I understand you are working on a film and you have a
preview of 4 minutes. Can you show that to us today?
Mr. Jordan. Yes. I would be delighted to. Thank you.
There it is right there.
[Video shown.]
Mr. Lowenthal. Would you like to give--you only have a half
a minute. Just tell us what is next.
Mr. Jordan. I am very much hoping that I will have the film
finished in the next few months. It has been a really long and
challenging process to make a film that truly honors the
incredible depth and beauty and power of the story of Midway.
And it has been amazing, as I put this work out there and
shared it with the world, that it isn't only reaching people
who are interested in albatrosses or people who are interested
in ocean plastic pollution.
I just got back from Jeddah, Saudi Arabia, where I was
invited to go and speak about this work. And people in the
interior of Brazil and all over the world are transformed by
something about the story of Midway.
Mr. Lowenthal. Well, thank you.
And I yield back the balance of my time.
Mr. Fleming. Gentleman's time is up.
Gentleman from Michigan is recognized for 5 minutes.
Mr. Bentivolio. Thank you very much, Mr. Chairman, Ranking
Member.
Normally, this is not my committee, but I have asked to
speak here today or ask some questions. This is of interest to
me and many of my constituents back in Michigan. I am going
through--I saw the videos. I have been looking at both sides of
this equation. I have some very simple questions to ask.
Under the MPC care--is it Mr. Daak?
Mr. Daak. Yes.
Mr. Bentivolio. Thank you very much for being here.
Under your care, there are these large fuel tanks. Correct?
Mr. Daak. Yes.
Mr. Bentivolio. And never had a problem? Never been a leak
or spill?
Mr. Daak. Not to my knowledge. There were five full-time
employees manning the fuel farm at that time.
Mr. Bentivolio. But under Wildlife Division of the Federal
Government, did they ever have a spill or damage to the
environment because of a fuel spill from those tanks?
Mr. Daak. Yes, sir.
Mr. Bentivolio. They have?
Mr. Daak. Yes. At the time of that spill, I think the
estimated number of gallons was between 80,000 and 100,000 and
the contractor had one part-time employee managing the entire
facility at that time.
Mr. Bentivolio. Thank you.
So under the Federal Government's care, we had a fuel
spill. Under the MPC, no fuel spill. Correct?
Mr. Daak. That is correct.
Mr. Bentivolio. And you had some golf carts, if I am not
mistaken, quite a few golf carts----
Mr. Daak. Yes, sir.
Mr. Bentivolio [continuing]. That take people around and
visitors and so on and so forth while MPC was in operation.
Correct?
Mr. Daak. Yes, sir.
Mr. Bentivolio. OK. What happened to those golf carts?
Mr. Daak. Well, a good portion of them were taken to the
dump immediately after----
Mr. Bentivolio. What dump?
Mr. Daak. There is a dump on Midway where items are staged.
Mr. Bentivolio. So we have acid leaking from those golf
carts, leaking into the soil in the environment on Midway
Island. Correct?
Mr. Daak. Yes, sir. The way Phoenix positioned all our
carts, inside one building. And they were taken, used, and
separated for the ones that wanted to be kept and the ones that
wanted to be thrown away by the follow-on people.
Mr. Bentivolio. So you had the acid leaking from those
batteries into the environment while under the care of the
Federal Government Wildlife----
Mr. Daak. I shouldn't say that because I wasn't there. My
best guess is it could have happened.
Mr. Bentivolio. OK. There was a hand-carved statue, quite a
beautiful statue of quite a beautiful bird.
Mr. Daak. Yes, sir.
Mr. Bentivolio. And under the care of the Fish and Wildlife
Service, what happened to that?
Mr. Daak. It was destroyed or eaten by termites. I don't
blame anybody for not catching it early. There wasn't a plan
for maintaining the big statue.
But what disappoints me is that we were told more than once
that it was already underway to be rebuilt, not to worry, their
only concern was it wouldn't be ready for an upcoming event,
and that has not happened.
Mr. Bentivolio. I understand.
So it was destroyed or taken down, correct, under the Fish
and Wildlife Service----
Mr. Daak. It is down. It is not standing anymore. That is
correct.
Mr. Bentivolio. No maintenance.
Can I ask: How much did it cost taxpayers for visitors to
go to Midway Island while MPC was in charge?
Mr. Daak. Our goal was near no cost.
Mr. Bentivolio. No cost.
And how much today did the Fish and Wildlife Service say
you needed out of taxpayer money to reestablish visitors to
Midway Island?
Mr. Foerster. The added capacity and staffing, sir, would
be a little bit over $1 million a year.
Mr. Bentivolio. A little over $1 million.
Mr. Foerster. Yes, sir.
Mr. Bentivolio. So right now, under your care, it costs, if
I am not mistaken--correct me if wrong--about $2 million per
year to maintain Midway Island at least 6 months of the year?
Did I understand that correctly?
Mr. Foerster. The operating budget for Midway Atoll is
about $3.6 million a year right now. Yes, sir.
Mr. Bentivolio. $3.6 million. And under their care, it
didn't cost us anything.
In fact, your entire area gets over $470 million per year
out of taxpayer money and used $3 million to--actually, it
looks like, under the Fish and Wildlife Service, you have done
more damage to Midway Island than MPC has as far as the
environment is concerned.
And I want to ask one more question, Mr. Jordan. I really
appreciate that video, and I understand. But somehow you are
skewing the message.
Those plastics--I am very familiar with this pollution
problem in the ocean. I mean, we have these vast areas in the
ocean that, for some reason, all the debris that falls into the
ocean, comes out of the rivers, falls off container ships,
seems to gather together not only in the Indian Ocean, the
Pacific, and the Atlantic, and those albatrosses, very, very
beautiful birds, go there, land there, start eating some shiny
things, come back to Midway Island and die.
But under no circumstances, and according to your
testimony, are any of those birds ingesting those things on
Midway Island. Is that correct?
Mr. Jordan. That is correct.
Mr. Bentivolio. Thank you very much.
I appreciate it, Mr. Chairman. I yield back.
Mr. Fleming. Thank you. The gentleman yield backs.
Well, I think we would like to have another round. Would
you like?
So I now yield myself 5 minutes.
Mr. Jordan, when were you there last?
Mr. Jordan. I was just trying to remember. It was either
the fall of 2012 or the fall of 2013.
Mr. Fleming. OK. And, Mr. Foerster, when was the island
closed off to travelers?
Mr. Foerster. Well, the island, the visitors services
program was suspended in 2012, and I believe----
Mr. Fleming. But in my previous question, I said what about
an average guy like me who wants to go there to visit, not as a
Congressman, but to visit. You said I wouldn't be allowed to
dock there or to fly there.
So when did that begin?
Mr. Foerster. Again, the visitor services program was
suspended in 2012.
Mr. Fleming. So how did Mr. Jordan continue to visit there?
Mr. Foerster. I believe, sir, Mr. Jordan had a special-use
permit or a monument permit to conduct that activity.
Mr. Fleming. A special permit.
Well, how does an average citizen who wants to enjoy this
lovely scene in person get that special permit?
Mr. Foerster. If they are going out to conduct an activity
or commercial venture, that would then qualify for a monument
or a special-use-type permit.
Mr. Fleming. So if they have a special interest, a special
message they want to create that may be acceptable to, say, the
current administration, they probably could get such a permit?
Mr. Foerster. If they met the requirements of the
regulations and policy, then we would----
Mr. Fleming. Regulations and policy. OK.
Mr. Forester. Yes, sir.
Mr. Fleming. All right.
Mr. Foerster. If you could restate your question, the last
part of it I didn't quite understand.
Mr. Fleming. Well, you see, one of the things that I have
learned--I have been on this committee for 6 years, and the
really bottom-line thing I have learned about various
countries, islands around the world and so forth is that, when
you get Americans personally involved, they become advocates
and they are willing to put their money and their commitment
into that success.
Ivory in Africa is a good example of that where now we are
actually disallowing hunting of ivory and, as a result of that,
poaching will go to astronomical levels and then we are going
to lose all of our elephants. So, you see, it is actually a net
plus to have humans, of course, with certain restrictions and
limitations.
And so we have allowed a photographer to go there to bring
back a message that these birds are eating things that are
really pollutants from around the world, not just on this
island.
But, on the other hand, the average person who may want to
contribute their money directly and see to it that this area is
preserved and the birds are saved is not allowed.
Mr. Foerster. That is correct in that context. We do not
have a visitors services program there, sir.
Mr. Fleming. OK. Well, thank you.
Let me change subject here in the time that I have.
Dr. D'Angelo, Public Law 106-113, enacted in 1999,
designated Midway Atoll as a national memorial to the Battle of
Midway. The law says that the Secretary shall consult on a
regular basis with such organizations, including the
International Midway Memorial Foundation on the management of
the National Memorial.
Have those consultations occurred?
Mr. D'Angelo. No. They have not occurred in any form. I
have never received a consultation regarding the management of
the--Sorry. I have never received any consultation, regular or
irregular, from the Fish and Wildlife Service as directed by
the public law.
Mr. Fleming. OK. And, Mr. Daak, you can weigh in as well on
any of these questions.
Have any historic World War II buildings been destroyed
since the Service obtained fee title to the land? And was your
organization consulted, as required by law, prior to that
removal?
Either one of you would be fine.
Mr. Daak. There have been historical buildings destroyed.
There were, as I remember----
Mr. Fleming. But were you consulted before that, before
destroying them?
Mr. Daak. No. They had no need to consult with me. I am
just a guy here on my own.
Mr. Fleming. How about you, Dr. D'Angelo?
Mr. D'Angelo. No. They haven't.
In reference to the statement made that I have been talking
to Dan Clark, yes, we have been talking, but the discussions
have not been substantive. He had to go on a Coast Guard duty
and we were supposed to hook up and, due to his commitment, we
didn't.
We spoke after that and, while we were on the phone, the
new telephone apparatus went down, and I was supposed to hear
back in a few weeks.
Mr. Fleming. OK. But, bottom line, they didn't consult with
you before doing it?
Mr. D'Angelo. No. We were talking about talking, but we
never talked.
Mr. Fleming. In my remaining time, let me ask one other
question.
At the time of the transfer, the Department of the Navy
identified a number of historic properties on Midway. How well
have any been maintained by the Service?
Either one of you.
Mr. Daak. In my opinion, not well. They have learned
lessons the hard way. There is a lot of lead paint on the
ground. That is a very big problem.
And the solution, in my opinion, is to keep the buildings
painted and keep the paint from peeling off the buildings and
falling onto the ground. It has been a problem since I first
went there in 1983.
Mr. Fleming. OK. All right. My time is up.
Gentlelady from Guam is recognized for 5 minutes.
Ms. Bordallo. Thank you, Mr. Chairman.
Mr. Foerster, according to the National Park Services
Historic Landmarks program, the Navy did not live up to its
commitment to appropriately decommission buildings before
transferring Midway to the Department of the Interior, leaving
behind a legacy of contaminants, such as lead paint, asbestos,
invasive species like the Verbesina.
And, further, the Midway Phoenix Corporation discontinued
operations on Midway without removing any of the tourism-
related equipment, machinery or structures or golf carts or
whatever.
Now, somebody said they donated it to the island. Come on.
Let's be realistic. They just didn't want to pay to send it all
back. That would have been very expensive. And, besides, they
lost $15 million.
Mr. Daak. If I can say--I personally own the golf carts.
Ms. Bordallo. No. I would like to finish, please.
Mr. Daak. OK.
Ms. Bordallo. Has dealing with the messes created by other
entities been a financial burden on the service, Mr. Foerster?
Mr. Foerster. Well, thank you, ma'am.
Yes. It certainly has been a challenge. With respect to the
issues like lead-based paint that were brought up, we have
spent $15.1 million dealing with the lead-based paint issue out
on Midway. There are also asbestos issues and other things.
So, yes, it has been very challenging. That is hazardous
fund, superfund-type money that comes in.
Ms. Bordallo. I am very familiar with this because we have
dealt with this on Guam when military has closed down and so
forth.
OK. How has that contributed to your maintenance backlog
and your ability to address your priorities of natural and
historical resources at Midway? If you could answer it shortly.
Mr. Foerster. Not having the capacity makes it very
challenging. We have a tremendous maintenance backlog at Midway
Island, and we are working every day to make it a better place.
Ms. Bordallo. OK. Another one for Mr. Foerster.
The text of Section 126 of Public Law 106-113, which
requires the designation of Midway Atoll as a national memorial
to the Battle of Midway, was passed in 2000 after
administration of Midway had passed to the Department of
Interior.
The law provides no funding for additional activities
related to the Memorial, creates no legal obligation to make
management changes, and does not require consultation with any
party with a defined frequency or schedule.
Now, given these facts, do you believe the Service has met
its obligation under the law?
Mr. Foerster. I believe we have met our obligation. We
coordinate with a number of partners on it, including the state
of Hawaii. The state has a historic preservation officer.
However, I have come to find out that we have not been
consulting on a regular recurring basis with the IMMF. And
since I took over, I directed Refuge Manager Dan Clark to do
that. That was----
Ms. Bordallo. Now I have another question here. And that
brings up the point of the historic preservation plan.
We have to remember that, as a government agency, you have
to deal with all these other government agencies before you can
move forward, which sometimes can postpone and so forth.
So has the Service managed Midway Atoll in accordance with
the historic preservation plan?
Mr. Foerster. We have, ma'am. We have a historic
preservation plan that was created in 1999 and updated in 2010,
and we are currently working with the state historic
preservation officer to comply with the National Historic
Preservation Act. We currently have, as I recall, 63 heritage
structures on Midway.
Ms. Bordallo. All right. Let's see. I still have a little
time left.
Mr. Chairman, you made a statement about the African
elephants that would result in the elimination of elephants
because of this ivory situation.
Is that a----
Mr. Fleming. Yes, you may recall, if the gentlelady will
yield, in Zimbabwe we had hearings on the ban on ivory hunting
and the industry in which people pay to come hunt a limited
number of elephants.
It actually stands up the infrastructure that protects the
elephants from poachers. Well, as that infrastructure goes
down, the poachers are going to be unlimited in their access to
the elephants. So the net result is the death of elephants.
So that is why it is important----
Ms. Bordallo. But is there evidence to this?
Mr. Fleming. Oh, yes. Absolutely. It was brought out in our
committee meeting, yes--our subcommittee meeting.
Ms. Bordallo. Well, it is something new to me. I haven't
seen the evidence. So----
Mr. Fleming. OK. Yes.
But it was--we had a very full hearing, and maybe you were
not present. Yes, we actually had a wildlife expert from
Zimbabwe who testified to this and had the data and the
numbers.
Ms. Bordallo. All right. Well, Mr. Chairman, I yield back.
And I want to thank the witnesses today for their
testimonies.
Mr. Fleming. Now I recognize the gentleman from Michigan.
Mr. Bentivolio. Thank you again, Mr. Chairman and Ranking
Member.
A few quick questions. Excuse me.
Mr. D'Angelo. Correct?
Mr. D'Angelo. Yes.
Mr. Bentivolio. On Midway Island, they had a lot of trees,
if I am not mistaken. Correct? And they were Ironwood trees?
Very valuable wood.
Mr. D'Angelo. Yes.
Mr. Bentivolio. What did the----
Mr. D'Angelo. Did you hear the yes?
Mr. Bentivolio. Yes. I heard the yes. Thank you.
What did the Fish and Wildlife do to those--or division of
the Federal Government do to those trees?
Mr. D'Angelo. Yes. Well, Mike can confirm this. But they
eliminated all the trees on Eastern Island, OK, which is not
accessible, even when there was public visitation. It was
closed to the public. I just want to add that.
Mr. Bentivolio. So those--they were removed by the----
Mr. D'Angelo. Fish and Wildlife Service.
Mr. Bentivolio. Mr. Foerster, why did they do that?
Mr. Foerster. Sir, the trees are not native and they
interfere with the----
Mr. Bentivolio. Well, they are now. Have you ever heard of
the Columbian Exchange? I mean, half of America--everything
that we grow in this country, just about, is not native to this
country. Are you going to turn it back 300, 400 years? Have you
ever heard of the Columbian Exchange, sir?
You didn't?
Mr. Foerster. Yes, sir. Thank you.
And Ironwood trees, much like the Verbesina plants, are not
native to----
Mr. Bentivolio. So without those trees, now we have mass
beach erosion in the Eastern Island, to my understanding. Is
that correct? In my study, that is what I have--my research,
that is what I hear, sir.
Mr. Foerster. I am unaware of the trees causing the----
Mr. Bentivolio. Let's see. Under your care, we have golf
carts with their acid leeching into the soil, fuel tanks that
leeched into the ocean and the beach, and now we have trees
that were removed, causing mass erosion on the beaches of
Eastern Island.
Now, and we have, let's see what else you did.
They have signs, street signs on that island, if I am not
mistaken, and the Fish and Wildlife Service lowered them. Is
that correct?
Mr. Foerster. Yes, sir. The----
Mr. Bentivolio. Rather than cleaning up or painting the
buildings, you went about lowering signs because some bird, a
very beautiful bird, is going to run into them. Instead, they
are running into those trees and dying on those trees. Those
are the pictures I have.
I would like to enter those into record, if I may, Mr.
Chairman, these photographs.
Mr. Fleming. Without objection.
Mr. Bentivolio. Thank you very much. I yield back.
Mr. Fleming. OK. The gentleman yields back.
Mr. Daak, you wanted to respond to Ms. Bordallo about
something about, I think, some of the buildings and things.
Would you like an opportunity to respond? Oh. The golf
carts and infrastructure.
Mr. Daak. Well, I mostly wanted to respond about the fuel
tanks. I was cut off short on that.
Mr. Fleming. Go ahead.
Mr. Daak. As we mentioned, the large fuel tanks are not
being used anymore. Instead, portable above-ground tanks,
supposedly the best of their kind for not spilling, are in
place, each tank holding 12,000 gallons, but maybe 10 tanks or
so, tops.
Mr. D'Angelo. Yes. That is correct.
Mr. Daak. And the important thing that I notice about this
is that these tanks weren't purchased. They are leased. And at
any moment they can turn them back in and have the ultimate
excuse to further close the doors.
Mr. Fleming. OK. Good. I appreciate your response.
OK. Back to Dr. D'Angelo and Mr. Daak, another question.
Why is it important that the National Memorial and the
remaining World War II structures be preserved in the future?
Mr. D'Angelo. Well, the memory of the Battle of Midway
speaks even beyond the battle itself. It talks about the
courage, the bravery, and a pivotal battle in World War II.
And, as a result of that, the only way to perpetuate a memory
is by having the public visit there. One of our ideas was to
have a Midway museum with artifacts, maybe get a PBY to take
people around, et cetera.
And so the important thing is to perpetuate the history
because, without the history and its inspiration, Americans are
the losers. And even though it is distant, there are two
feasibility studies that show that the private sector can
perform their work adequately out at Midway and make a profit.
And the destruction of the fuel tanks puts a death knell on
future public visitation, at least for the private sector. If
they want public visitation with the loss of those tanks,
Congress will get hit for more money. And so more money will be
lost.
Mr. Fleming. Yes. I understand.
Mr. D'Angelo. Right.
Mr. Fleming. In your opinion, are these structures any less
important than, say, the historical structures at Gettysburg or
the Battle of Antietam or Vicksburg?
Mr. D'Angelo. Not at all. And every structure plays a role
in the memory of Midway.
Mr. Fleming. OK. Is Midway any less important--well, I
think I have covered that well enough as it is.
Mr. Daak, do you have anything you would like to add?
Mr. Daak. Well, I would like to say that I was there for
the entire duration of the Midway Phoenix visitor program. I
witnessed it working hand in hand where people were interested
in wildlife, further assisted wildlife ventures.
And we were limited to 100 visitors a week. We weren't
using jet skis in the lagoon. In fact, we weren't even allowed
to permit kayaks in the lagoon for fear that oars could hit a
turtle.
These are extreme deals to us that----
Mr. Fleming. So let me encapsulate something in the time I
have left, and you can add after that.
So, basically, what we are looking at, if we had a for-
profit or certain private enterprise there, it would take the
burden off the taxpayer to maintain this, it would bring
visitors in, of course, just like we like to go to the war
memorials on Guam and Honolulu, and, of course, they bring
their money, which helps maintain the infrastructure.
And certainly we can put in place the kind of restrictions
so that they are not using this as a Caribbean cruise, but
actually a hallowed ground, a sacred ground.
So we could actually create the money and unburden the
taxpayers, which gets to be a heavier burden every year. We
could actually do it in a way that would really honor it and
honor those who sacrificed their lives and sacrificed many
things in the effort to turn that war around, that we
eventually won. It seems to me that that is a win-win
situation.
Mr. Daak. That is exactly how I feel about it.
Mr. Fleming. And at the end of the day, the problems that
befall that island, particularly, say, the birds who are
swallowing plastics, that is there now. It is happening now,
and it probably always will be a problem until we come up with
a solution for that problem.
Mr. Daak. Yes. Right.
Mr. Fleming. Yes, sir.
Mr. D'Angelo. Yes. I would just like to add one additional
feature to the Congressman about what Midway Phoenix had to
face.
The beaches, as you already know, on Midway are beautiful.
And so the endangered species, Hawaiian Monk seal, is listed.
Fish and Wildlife could not get the Hawaiian Monk seal to
habitat on Midway, and what they did is they went to the
neighboring island and transported a few of them over to Midway
and then closed the beaches to the public.
So these were some of the things--you will never get the
private sector to work out at Midway if you have to face
Draconian measures like Fish and Wildlife imposed on Midway
Phoenix.
Mr. Fleming. And my time is up. And I--yes.
I yield to the gentlelady.
Ms. Bordallo. Thank you very much, Mr. Chairman.
This really isn't for anybody to answer, but I just want to
make a statement after hearing everything this morning.
I wanted to read part of an email that my staff received
from Mr. Dan Clark, who is the refuge manager at Midway Atoll.
And, as Mr. Foerster mentioned, Dan had served for 33 years in
the U.S. Coast Guard and the Coast Guard Reserve.
And I wish to tell the gentlemen that I have visited Midway
and I have been many times on Wake Island. I am from Guam. You
know, that is a stopping-off point once in a while for us, but
I did take a codel to Midway several years ago.
And I want to quote what Mr. Clark says:
``We take great pride in the memorials, and they are
the centerpiece for regular events held on Midway Atoll
to commemorate significant events and holidays,
example, Memorial Day, the Battle of Midway, and
Veterans Day.
And, additionally, the albatrosses are tied to this
place. They are very important. They were here before
people resided on the atoll, were present during the
significant events of the military era, and are part of
the fabric that makes up Midway Atoll.
Veterans remember their interactions with albatrosses
all the time. The combination of albatrosses and the
other 18 species of birds that depend on the atoll and
the recognition of the historic significance of the
place is an example of how special the place is.
We are proud to serve both at Midway Atoll National
Wildlife Refuge and Battle of Midway National
Memorial.''
And I want to say, as I said in my opening statement, if
any member of this committee is unsatisfied with the management
of historic resources at Midway, I invite him to join me in
signing a letter to the Appropriations Committee requesting
additional funding to do the job right.
I think there is a place for the Department of Interior and
their role there, the Fish and Wildlife Refuge, and also for a
certain amount of visitation rights for people to come to
Midway.
And, with that, I end and I turn back my time. Thank you.
Mr. Fleming. Gentlelady yields back.
I recognize the gentleman from Michigan.
Mr. Bentivolio. Thank you again, Mr. Chairman.
Earlier, at the beginning of this hearing, Mr. Foerster,
you indicated to the Chairman that you were going to consult
with the International Midway Memorial and other people in how
to figure out some kind of harmony on where we can have
business as well as an environment that is safe and secure.
Can you tell me what your definition of ``consult'' means.
I mean, explain what you mean by the word ``consult.'' I
haven't seen any of it in the past, according to the records.
Actually, the gentleman pointed it out. It was very Draconian.
Mr. Foerster. Well, sir, I would acquiesce to a dictionary
for the formal definition of ``consult.'' But as directed by
Congress and the law, ``consult'' means communicate. It means
open regular----
Mr. Bentivolio. Yes, but it doesn't really mean for you--or
it seems like not you personally, I apologize for that--but for
the Agency, it is basically you telling them what is going on
and what you are going to do. I mean, that is my experience
with Federal agencies. It is basically, ``These are the rules.
We made them up. This is how we are going to do it. This is how
we interpret it. You will do this.''
Look, in my state, I am surrounded by more fresh water than
almost most countries in the world, the Great Lakes. And, yet,
if with the stress that we have on our fisheries and the
oceans, I have to go through 13 different Federal and state
agencies to build a fish farm. And the biggest hurdle is the
Fish and Wildlife Service.
You are helping, the Federal Government is helping, to keep
employment at low rates in this country. That is the number one
biggest problem I see in our employment and our economy, is the
Federal and state agencies involved.
Now, we understand you have some good ideas and we are
willing to listen. And I can tell these two gentleman over
here, they want to do the right thing. Their heart is in the
right place. But it seems like you want it all way.
We have got to turn everything back to the way it was and,
if we did that, well, we wouldn't be growing corn in the United
States--or--excuse me--that is the opposite--they wouldn't be
growing it in Europe. Corn was a natural here.
Thank you very much, Mr. Chairman.
Mr. Fleming. OK. The gentleman yields back.
Before closing, I would again like to thank our witnesses
for participating in this important hearing.
I would ask unanimous consent to submit for the record the
letter Congressman Duncan of Tennessee and I wrote to the
Government Accountability Office, the 2010 Historic
Preservation Plan for the refuge, IMMF Feasibility Study, a
document entitled ``To Create Sound Fiscal Policy for the
Midway Atoll at No Taxpayers Expense,'' and a Removal Action
Work Plan, a document on the removal of lead-based paint from
structures on the island.
In the final analysis, it is clear that in the terms of
stewardship, the Fish and Wildlife Service made a priority of
conserving and protecting the very species of birds living on
the island.
However, the Service gets a failing grade for their lack of
a visitors program and for allowing the historic World War II
structures on Midway to deteriorate.
I would remind the Agency that one of the purposes of the
refuge was to recognize and maintain the historic significance
of Midway Atoll. I do not know how you do that if many of the
structures have either been destroyed or targeted for
demolition.
And, again, we do not have an unending pile, stash, if you
will, of dollars. We are $18 trillion in debt. So just throwing
more money at this issue will not solve it.
It was a mistake to make Midway Island a national wildlife
refuge. The Fish and Wildlife Service did not have the
interest, expertise, or desire to protect the historic
resources on this island. This is sacred ground where young
American Marines and Navy personnel gave their lives to ensure
freedom for this Nation.
As Admiral Walter Lord reminds those who read the Battle of
Midway Memorial: They had no right to win; yet, they did. And,
in doing so, they changed the course of a war, even against the
greatest of odds, a magic blend of skill, faith, and valor that
can lift men from certain defeat to incredible victory.
I want to thank Members and staff for their contributions
to this hearing.
If there are no further business, without objection, the
subcommittee stands adjourned.
[Whereupon, at 12:33 p.m., the subcommittee was adjourned.]
[ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD]
Prepared Statement of the Friends of Midway Atoll
National Wildlife Refuge
Chairman Fleming, Ranking Member Sablan and members of the
subcommittee, thank you for the opportunity to submit this written
statement. The Friends of Midway Atoll National Wildlife Refuge is an
association of supporters and former residents of Midway Atoll. Our
mission is to support the Midway Atoll National Wildlife Refuge in its
efforts to preserve, protect and restore the biological diversity and
historical resources of Midway Atoll while providing opportunity for
wildlife-dependent recreation, education and scientific research. We
support the U.S. Fish and Wildlife Service as a conservator of both
history and wildlife at Midway. We also strongly support the re-opening
of Midway to visitors in ways compatible with the wildlife and
historical preservation mission of the Refuge.
Just this past year, Friends of Midway provided partial funds for
Refuge projects that supported the preservation of historical and
natural resources at Midway: the invasive weed Verbesina has been
almost eliminated from Eastern Island; short-tailed albatross, a
species once thought to be extinct, have been breeding at Midway and
managers can observe their movements using remote cameras and; murals
depicting military life that were at risk from the elements at Midway
were transported to Hawai`i and stabilized by art restoration experts.
USFWS managed a very successful visitor program at Midway between
2008 and 2012 but the visitor program was ended due to budget cuts. Any
program that would start up now at no cost to the taxpayer will
necessarily be expensive. This was not the case in the late nineties
but several main factors have changed. The commercial airline that
served Midway closed due to bankruptcy. In order to conserve funds,
USFWS has reduced the footprint at Midway and there is no longer the
capacity for large numbers of visitors that could provide an economy of
scale to reduce costs. Furthermore, large numbers of visitors would be
detrimental to both the historical monuments and the wildlife at
Midway.
The historical monuments at Midway are important and Friends of
Midway fully supports taxpayer funds paying for veterans to visit
Midway for memorial services and special ceremonies. However, a well-
run visitor program open to all that protects both the historical and
natural resources of the Atoll will have to be adequately funded--and
that includes providing USFWS with enough funds to provide for the
staff necessary to oversee a visitor program. The current budget does
not allow for a visitor program.
Friends of Midway are disappointed that the committee did not
invite witnesses from the very successful visitor program between 2008-
2012 or anyone that supports the work of the USFWS at Midway. We hope
that in future discussions of this issue voices that support the U.S.
Fish and Wildlife Service and the wildlife at Midway will have a chance
to be heard.
______
U.S. House of Representatives,
Committee on Natural Resources,
Washington, DC 20515
July 8, 2014.
The Honorable Gene L. Dodaro,
Comptroller General of the United States,
Government Accountability Office,
441 G St. NW,
Washington, DC 20548.
Dear Comptroller General Dodaro:
We would like to formally request that the Government
Accountability Office conduct a comprehensive analysis and report to
the Congress on the management of the financial and historic aspects of
Midway Atoll by the U.S. Fish and Wildlife Service (USFWS). We are
concerned about possible mismanagement by USFWS based on information
that has recently come to our attention.
We submit the following background information:
USFWS gained jurisdiction over Midway in 1996 when the
Atoll was transferred to the Service by the U.S. Navy.
In 2000, President Clinton signed a bill designating the
entire Midway Atoll as a National Memorial (Public Law 106-
113, Appendix C, Sect. 126).
Sect. 126 requires the Secretary of Interior to consult on
a regular basis with the International Midway Memorial
Foundation (IMMF) on the management of the National
Memorial.
Eco- and historical tourism have been an integral part of
USFWS' public policy toward Midway.
A private company administered all services on Midway
under the supervision of the USFWS from 1997-2002 at no
taxpayer expense.
For many years, Midway Atoll has been utilized as an
emergency landing site for trans-Pacific flights.
According to photographic evidence obtained by the committee, USFWS
apparently has improperly demolished four historic cable buildings and
other structures on Eastern and Sand islands that were protected by the
Midway National Memorial designation.
In addition, it appears that the costs of operating Midway have
risen exponentially since the private concessionaire departed in 2002.
Moreover, since November 2013, Midway Atoll has been closed to the
general public. Finally, we have been advised that USFWS is planning to
destroy two large fuel tanks on Sand Island, which apparently would
make any future public access to Midway--whether for tourism or
emergency aircraft landing--virtually impossible.
We are, therefore, requesting a comprehensive study by the
Government Accountability Office which would include the following
important components:
A financial audit of USFWS revenues and operating costs
related to the management of Midway Atoll.
An accounting of all buildings and structures that have
been destroyed, without due process as required in Public
Law 106-113, and the cost of these removals.
Information on any plans to destroy the remaining fuel
tanks, and any other structures including the justification
for their removal.
The current status of Midway as an alternate emergency
landing site for trans-Pacific flights, and what impact the
destruction of the fuel tanks would have on this
capability.
Documentation of the physical appearance of Midway Atoll,
including areas on which the cable buildings, as well as
other historical structures, were situated.
The history of public access to this refuge since it was
established and the lands that were incorporated within the
National Wildlife Refuge System.
Documentation on whether the Secretary of Interior has
sought, or attempted to seek, the input of the
International Midway Memorial Foundation as directed in
Public Law 106-113.
We look forward to hearing from you on when GAO can initiate this
investigation and how long it would take to complete this important
effort. Should you have any questions, please feel free to contact
Garth Van Meter of Congressman John Fleming's staff who is the contact
person on this comprehensive review.
Sincerely,
John Fleming, M.D.,
Chairman, Subcommittee on Fisheries,
Wildlife, Oceans and Insular Affairs.
John J. Duncan, Jr.,
Member of Congress.
______
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
IMMF Midway Feasibility Study
A DOCUMENT TO CREATE SOUND FISCAL POLICY FOR THE MIDWAY ATOLL AT NO
TAXPAYERS EXPENSE
We begin by mentioning the basic rule that any justifiable fiscal
policy should enjoy the strong desire and commitment by those in charge
of the policy to ensure its success.
Midway Atoll is unique in that it is at the same time both a Wildlife
Refuge and a National Memorial. Its islands offer to the public
beautiful beaches and sunsets, excellent opportunities for boating and
fishing, and a significant natural and historic resource. Of critical
importance is that its airport remain an alternate landing site for
extended twin-engine operations (ETOPS) in the north central Pacific,
and for search and rescue missions run by the U.S. Coast Guard. All of
the foregoing factors must be kept in mind when creating any operating
plan for the Midway Atoll.
This document includes a cost/revenue statement for the month of July
2001, the only month in its six-year tenure in which the Midway Phoenix
Corporation (MPC) made a profit while administrating the Midway Atoll.
An analysis of this statement and some overall recommendations will
follow.
STATEMENT OF OPERATIONS by MPC for July 2001:
Revenues:
Guest Operations:
Lodging.............................................. $124,836.95
Per Diem Lodging..................................... 20,815.00
Clipper House Sales.................................. 18,991.40
Galley Sales......................................... 27,465.72
Bike and Cart Rental................................. 14,237.50
Tavern Sales......................................... 9,222.25
Gift Shop Sales...................................... 19,881.15
General Store Sales.................................. 13,675.48
Long Distance Revenue................................ 8,275.19
Fishing and Diving Revenues.......................... 58,073.97
Internet Revenue..................................... 1,061.65
Mini Bar Sales....................................... 2,723.75
------------------
Total Guest Revenues:................................ $319,260.01
Air Transport Revenues:
Airfare.............................................. $ 3,439.05
Shipping and Weight Revenue.......................... 2,820.00
------------------
Total:............................................... $ 6,259.05
Fuel, Airport and Equipment Operations:
Dockage Service Income............................... $ 210.00
Fuel Sales--Aircraft................................. 69,694.65
Fuel Sales--Boats.................................... 39,236.81
Fuel Sales--FWS...................................... 952.00
Landing Fees......................................... 5,960.00
------------------
Total Fuel, Airport & Equipment:..................... $116,053.46
All Other Revenue:
Employee Recreation Revenue.......................... $ 11,760.00
Medical Billings Guests.............................. 2,851.00
Miscellaneous Revenue................................ 35,979.40
Boeing Support....................................... 66,000.00
------------------
Total All Other Revenues:............................ $116,590.40
TOTAL REVENUES FOR JULY 2001:........................ $558,162.92
Transportation:
Aloha Charter Expense................................ $ 85,200.00
Aloha Fees and Expenses.............................. 8,123.21
Vessel and Boat Expense.............................. 7,379.52
------------------
Total Transportation:................................ $100,702.73
Travel:
Airplane Tickets..................................... $ 13,316.58
Travel............................................... 7,472.39
Recruiting Services.................................. 643.84
------------------
Total Travel:........................................ $ 21,432.81
Fuel Consumed by Fixed Base.......................... $ 30,275.28
Fuels Consumed by MPC Vehicles....................... 2,850.35
Galley and Cost of Food.............................. 18,290.72
Satellite and Fixed Telephone........................ 677.22
Telephone Long Distance.............................. 1,249.67
Telephone Supplies and Equipment..................... 379.75
Material, Supplies and Maintenance................... 15,913.08
Airport Expense...................................... 984.00
Medical Supplies..................................... 1,807.68
Freight.............................................. 1,753.85
Office Supplies...................................... 1,009.31
Employee Recreation Expense.......................... 745.42
------------------
Total General Island Support:........................ $ 75,936.33
All Other Expenses:
Advertising.......................................... $ 3,148.99
Professional Services................................ 1,122.19
Phoenix Services..................................... 11,000.00
Taxes and Licenses................................... 10.00
Bank and Card Fees................................... 1,011.91
Miscellaneous Expenses............................... 1,180.16
Lease Expense to MDY................................. 22,800.00
------------------
Total All Other Expenses:............................ $ 40,273.25
Total Expenses:...................................... $444,759.94
Total Revenues:...................................... 176,232.48
------------------
Total Net Loss:...................................... $268,528.46
ANALYSIS:
The purpose of presenting a low-tourist month for analysis becomes
obvious when one looks at the financial data for the month of January
2000: that is, it demonstrates that tourism to Midway is essential for
the financial viability of the Midway Islands.
The net loss for operating Midway Atoll in January 2000 was
$268,538.46. The loss rises to $372,951.48 if one excludes the revenues
from tourism and visitors. Total fuel sales for that month were
$35,907.99, which is pale in comparison to the revenues from Guest
Operations ($104,423.02).
Again, the striking conclusion is that tourism is vital to the
financial success of Midway Atoll and that fuel sales fall far short in
making the Atoll financially solvent.
To this end, it is imperative that an experienced, committed entity be
in charge of the total operations at Midway Atoll. All of its
individual revenue sources are invariably linked and, as such, must be
under one chain of command. Anything less will result in financial
failure, leading inevitably to the closure of the airport, as well as
to the closure of the Midway Atoll itself.
TOTAL REVENUES:...................................... $558,162.92
TOTAL EXPENSES:...................................... $532,025.22
------------------
NET PROFIT:.......................................... $ 26,137.70
JULY 2001
ANALYSIS OF THE REVENUE/EXPENSE STATEMENT FOR THE MONTH OF JULY 2001:
Based on the above revenue/expense statement, one can conclude that it
is possible to make a profit in the operations of Midway Atoll if
reasonable rules of governance are applied. July 2001 was chosen
because it was the only month MPC made a profit. July was also chosen
because it is a peak tourist month and one in which a cruise ship did
not visit Midway. A cruise ship visitation during this time period
could have substantially increased the revenues. This same source of
revenues was lessened when the U.S. Fish and Wildlife Service (USFWS)
increased the restrictions for visiting cruise ships.
From the above revenue/expense statement, it is also clear that fuel
sales alone are insufficient to offset the administrative expenses
($532,658.91) of running Midway. It is therefore axiomatic that, based
on the foregoing data, all of Midway Atoll's assets be utilized to
ensure its financial viability. For this reason, the Midway Atoll
should be viewed as a ``histo-eco-tourist'' destination.
Along these lines, it is important that the Midway Airport continue to
maintain its Type 139 certification by the Federal Aviation Association
(FAA) to ensure that the airport: (1) continues to act as an extended
range alternative landing site for twin-engine aircraft (ETOPS) which
cross the north central Pacific; (2) continues to be available to the
U.S. Coast Guard's search and rescue missions and (3) continues to
ensure the ``histo-eco-tourism'' status of the Atoll.
Specifically, the FAA requires a Type 139 Airport Certification for
``the operation of land airports which serve any scheduled or
unscheduled passenger operation of an air carrier that is conducted
with an aircraft having a seating capacity of more than 30
passengers.'' Without this certification, a sound fiscal policy is
impossible.
There are a potential number of other sources of revenue that are
``histo-eco-tourist'' friendly. These resources can be developed if
this document is found to be acceptable to Assistant Secretary of
Interior, Judge Craig Manson.
Critical to the long-range success of operating Midway is a prior
written statement by the USFWS/DOI which delineates the specific rules
of operation and restrictions before a contract with the private sector
is agreed upon. This statement is absolutely necessary so that the
rules of the operation and restrictions are not changed after the fact,
which has led us to where we are today.
Moreover, a complete financial picture requires a thorough study to
determine the cost of upgrading Midway's infrastructure to standard
operational levels, as well as the maintenance costs of such
infrastructure.
To conclude, the International Midway Memorial Foundation (IMMF) would
recommend a permanent Advisory Board of Governors including the USFWS,
National Park Service (NPS), International Midway Memorial Foundation,
U.S. Coast Guard, U.S. Navy, FAA and the private sector corporation
operating Midway Atoll. This Board would be responsible for overseeing
the best interests of Midway and report back to the DOI quarterly in
its first year of operation.
The International Midway Memorial Foundation (IMMF) is privileged to
have had the honor of preparing this document for Judge Manson's
review. The Foundation also expresses its special appreciation to the
Midway Phoenix Corporation \1\ for its assistance in providing and
explaining the financial statements included above, and to the Boeing
Corporation for its support and willingness to assist in the production
of this document.
---------------------------------------------------------------------------
\1\ The IMMF wishes to stress that it has no financial or other
relationship with Midway Phoenix Corporation. The use of the financial
information is for the sole purpose of demonstrating that Midway Atoll
can be operated on a sound fiscal policy if reasonable rules of
operation and restrictions apply.
Prepared by the Board of Directors and Trustees of the International
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Midway Memorial Foundation on January 8, 2003.
James M. D'Angelo, M.D.
President/International Midway Memorial Foundation
ADDENDUM:
STATEMENT OF OPERATIONS FOR MPC
JANUARY 2000
Revenues:
Guest Operations:
Lodging.............................................. $ 33,459.21
Per Diem Lodging..................................... 1,300.00
Transient Lodging.................................... 17,070.00
Clipper House Sales.................................. 2,881.49
Galley Sales......................................... 21,736.51
Tavern Sales......................................... 1,201.25
Gift Shop Sales...................................... 6,189.95
General Store Sales.................................. 7,747.42
Long Distance Revenue................................ 9,519.19
Bike and Cart Rental................................. 3,080.00
Mini Bar Sales....................................... 238.00
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Total Guest Operations Revenue:...................... $104,423.02
Air Transport Revenue:
Airfare.............................................. $ 21,285.91
Shipping and Weight Revenue.......................... 3,891.68
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Total Air Transport Revenue:......................... $ 25,177.59
Fuel, Airport and Equipment Operations:
Fuel Sales--Aircraft................................. $ 31,002.08
Fuel Sales--Boats.................................... 5.40
Fuel Sales--OSE...................................... 167.50
Fuel Sales--FWS...................................... 354.00
Landing Fees......................................... 1,979.01
ETOPS................................................ 2,400.00
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Total Fuel, Airport & Equipment:..................... $ 35,907.99
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NW Demolition and Environmental,
A Joint Venture
7. DEMOLITION
7.1 General Demolition
The general demolition project sequence includes:
1. Abatement of environmentally controlled materials (LBP and ACM);
2. Salvage of re-usable components;
3. Demolition of the upper structure down to slab level;
4. Demolition of slab and footings;
5. Backfilling/grading with clean un-compacted sand; and
6. Other site restoration items and final site cleanup.
The wood framed Midway structures will be demolished with a 29-ton
excavator fitted with a rotating grapple and/or bucket and thumb (or
similar machine). NWDE will separate unpainted wood from non-
recyclables as reasonably achieved with this heavy equipment.
Care will be taken to maintain the materials within the building
footprint. The goal of this initial bulk demolition process is to lower
the materials to the ground in a safe and controlled fashion, limiting
the production of fugitive dust and the risk of flying debris. Sites
that include slab removal will be restored to grade with un-compacted
clean sand to promote rapid habitat restoration.
The wood-framed structures will be sorted into painted and unpainted
wood. Painted wood will be hauled to the R-2 unit and treated with
MAECTITE for disposal. Unpainted wood has the potential to be
stockpiled with green waste and recycled on island. Due to the presence
of nails and other mechanical connection items contained within the
unpainted wood, this option may not be feasible.
Before performing any onsite fieldwork on Midway, NWDE will complete a
Decommissioning/Inspection Form that highlights all the known potential
issues that may exist. This form is initialed by the FWS PM or
designated representative to attest to the awareness of these factors.
Typically on a project site, all power (i.e., energetic) is deactivated
prior to work commencement.
7.2 AST Demolition
The ASTs in DU8 scheduled for demolition will be accessed using an
excavator/shear. The excavator will begin peeling strips from the
exterior of the tanks. Shears will be used to minimize demolition
volume and maximize recycling and reuse of materials. The tanks will be
cut into manageable strips sized proportionately for transport,
typically less than 20 feet in length using hydraulic shears or cutting
torches. After the walls of the tank have been sufficiently removed,
the floating roof residing at the bottom of the tanks will be
processed. The tank steel will be stockpiled onsite until the end of
the project and finally transferred to the chosen recycler by NWDE.
7.3 Waste Management
Materials from the Midway demolition activities will be separated to
the greatest degree possible with specialized heavy equipment.
Materials will be processed onsite to the degree possible to minimize
transportation requirements. The following summarizes the general
management of demolition materials generated on this project.
7.3.1 Clean Structural and Vegetative Wood Wastes
Clean structural wood (free of LBP and ACM) from the demolition of
select buildings that can be separated from other demolition debris
will be stockpiled with vegetation in a location on Site mutually
agreed upon between NWDE and FWS for later processing. The final
disposition of the material has not been determined although
preliminary plans include downsizing the material and potentially
grinding into mulch.
7.3.2 Metal Demolition Debris
Metals that can be separated from other demolition debris will be
stockpiled in the existing ``bone yard'' immediately east of the
Seaplane hangar. The metal demolition debris may be reduced in size and
packed into containers or alternatively transported in its current
state. The metal demolition debris will be barged off Site to a
recycling facility by NWDE.
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[LIST OF DOCUMENTS SUBMITTED FOR THE RECORD RETAINED IN THE COMMITTEE'S
OFFICIAL FILES]
10-08-2014--Mr. James M. D'Angelo, M.D., USAF, Chairman and
Founder, IMMF letter to Citizen's Stamp Advisory Committee
11-20-2014--Chairman Fleming, Congressman Jeff Duncan letter to
Citizens Stamp Advisory Committee
11-23-2014--Ms. Bonnie Campbell letter to Chairman Fleming
12-06-2014--Mr. Richard H. Batcheldor letter to Chairman
Fleming
[all]