[Senate Report 105-114]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 228
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-114
_______________________________________________________________________


 
                 BATTLE OF MIDWAY NATIONAL MEMORIAL ACT

                                _______
                                

                October 28, 1997.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 940]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 940) to provide for a study of the 
establishment of Midway Atoll as a national memorial to the 
Battle of Midway, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    The Congress makes the following findings:
          (1) September 2, 1997, marked the 52nd anniversary of the 
        United States victory over Japan in World War II.
          (2) The Battle of Midway proved to be the turning point in 
        the war in the Pacific, as United States Navy forces inflicted 
        such severe losses on the Imperial Japanese Navy during the 
        battle that the Imperial Japanese Navy never again took the 
        offensive against the United States or the allied forces.
          (3) During the Battle of Midway on June 4, 1942, an 
        outnumbered force of the United States Navy, consisting of 29 
        ships and other units of the Armed Forces under the command of 
        Admiral Nimitz and Admiral Spruance, out-maneuvered and out-
        fought 350 ships of the Imperial Japanese Navy.
          (4) It is in the public interest to study whether Midway 
        Atoll should be established as a national memorial to the 
        Battle of Midway to express the enduring gratitude of the 
        American people for victory in the battle and to inspire future 
        generations of Americans with the heroism and sacrifice of the 
        members of the Armed Forces who achieved that victory.
          (5) The historic structures and facilities on Midway Atoll 
        should be protected and maintained.

SEC. 3. PURPOSE.

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

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

    (a) In General.--Not later than six months after the date of 
enactment of this Act, the Secretary of the Interior shall, acting 
through the Director of the National Park Service and in consultation 
with the Director of the United States Fish and Wildlife Service, the 
International Midway Memorial Foundation, Inc. (hereafter referred to 
as the ``Foundation''), and Midway Phoenix Corporation, carry out a 
study of the suitability and feasibility of establishing Midway Atoll 
as a national memorial to the Battle of Midway.
    (b) Considerations.--In studying the establishment of Midway Atoll 
as a national memorial to the Battle of Midway under subsection (a), 
the Secretary shall address the following:
          (1) The appropriate federal agency to manage such a memorial, 
        and whether and under what conditions, to lease or otherwise 
        allow the Foundation or another appropriate entity to 
        administer, maintain, and fully utilize the lands (including 
        any equipment, facilities, infrastructure, and other 
        improvements) and waters of Midway Atoll if designated as a 
        national memorial.
          (2) Whether designation as a national memorial would conflict 
        with current management of Midway Atoll as a wildlife refuge 
        and whether, and under what circumstances, the needs and 
        requirements of the wildlife refuge should take precedence over 
        the needs and requirements of a national memorial on Midway 
        Atoll.
          (3) Whether, and under what conditions, to permit the use of 
        the facilities on Sand Island for purposes other than a 
        wildlife refuge or a national memorial.
          (4) Whether to impose conditions on public access to Midway 
        Atoll if designated as a national memorial.
    (c) Report.--Upon completion of the study required under subsection 
(a), the Secretary shall submit, to the Committee on Energy and Natural 
Resources of the United States Senate and the Committee on Resources of 
the House of Representatives, a report on the study, which shall 
include any recommendations for further legislative action. The report 
shall also include an inventory of all known past and present 
facilities and structures of historical significance on Midway Atoll 
and its environs. The report shall include a description of each 
historic facility and structure and a discussion of how each will 
contribute to the designation and interpretation of the proposed 
national memorial.

SEC. 5. CONTINUING DISCUSSIONS.

    Nothing in this Act shall be construed to delay or prohibit 
discussions between the Foundation and the United States Fish and 
Wildlife Service or any other government entity regarding the future 
role of the Foundation on Midway Atoll.

                         purpose of the measure

    The purpose of S. 940, to provide for a study of the 
establishment of Midway Atoll as a national memorial to the 
Battle of Midway.

                          background and need

    The U.S. Fish and Wildlife Service Refuge at Midway is 
composed of about 88,548 acres of submerged lands and two major 
coral islands that total about 1,550 acres: Eastern Island and 
Sand Island. Eastern Island is roughly triangular in shape and 
is 1.3 miles long and about 0.8 mile at its widest extent. Sand 
Island is larger, measuring approximately 1 mile wide and 2 
miles long. Sand Island is the location of most of the 
facilities on the atoll. Eastern Island is the location of the 
airstrip.
    The Midway Islands are located in the North Pacific Ocean, 
about one-third of the way from Honolulu to Tokyo. The 
comparative land mass of the Midway Islands is about nine times 
the size of the Mall in Washington, DC. The island climate is 
tropical, but is moderated by easterly winds. The group of 
atolls is approximately 1,150 miles northwest of Honolulu, 
Hawaii. Midway is the only collection of atolls in the Hawaiian 
Archipelago that are not within the State of Hawaii.
    Midway was discovered by an American sea captain in 1859, 
U.S. Navy Captain William Reynolds took formal possession of 
Midway for the United States in 1867. In 1903 a commercial 
telegraph cable was laid across the Pacific which led to the 
occupation of the islands. That same year, President Theodore 
Roosevelt issued an executive order placing the U.S. Navy in 
charge of the islands. The Commercial Pacific Cable Company 
established a communication station on Sand Island, planted 
grass and trees to cut down on sand storms and sun glare and 
built four principle buildings. Those buildings exist today, 
abandoned and deteriorating. A detachment of 20 Marines was 
deployed on Midway to thwart Japanese bird feather poachers in 
1904.
    In 1935 Pan American Airways established weekly commercial 
flights across the Pacific and moved on to Sand Island, 
building a small hotel and flight facilities. In 1938, 
Congress, in support of this commercial enterprise, authorized 
the Army Corps of Engineers to dredge an entrance channel, a 
harbor and seaplane runways. This work was completed in 1940, 
when the Navy took over at Midway.
    In September of 1940 a detachment of Marines from the 3d 
Defense Battalion arrived on Midway and began building defenses 
to support the work of the Navy which was establishing a 
forward position for two patrol squadrons of seaplanes on Sand 
Island. Civilian employees were beginning to build a land-based 
airstrip on Eastern Island.
    On December 7, 1941, the same day as the Pearl Harbor 
attack on the Pacific Fleet, two Japanese destroyers attacked 
Midway, setting fire to a seaplane hanger, hitting the power 
plant, the Pan Am radio facility and other facilities on the 
island. Marines returned fire from their coastal batteries. 
While they believed they hit both vessels, damage was 
apparently negligible and they were able to return to port in 
Japan safely.
    After breaking Japan's communication codes, the Pacific 
Fleet learned of Japan's plan to launch a raid on Midway in the 
Spring of 1942. Based on this information and the strategic 
importance of the Midway group, Admiral Nimitz authorized 
reinforcement of the island's coastal defenses--adding more gun 
placements and reinforced magazines for ammunition.
    Additional aircraft were sent to the island including: 32 
PBY's, 6 avengers, 4 B-26 and 13 B-17 bombers and two squadrons 
of Marine Corps fighters. Two companies of marines arrived to 
reinforce the defense battalion.
    On June 4, 1942, the Japanese attacked Midway with 108 
aircraft at dawn. After the first raid, the Japanese planes 
returned to their carriers to rearm and were caught by surprise 
on the carrier decks by American carrier aircraft from Admiral 
Nimitz' fleet.
    Historians have ranked the Battle of Midway as one of the 
most decisive naval battles of all time. During the month of 
June 1942, a badly outnumbered American naval force, consisting 
of 29 ships and other units of the armed forces, under the 
overall command of Admiral Nimitz, outmaneuvered and out-fought 
350 ships of the combined Japanese Imperial Fleet. The 
objectives of the Japanese high command were to occupy the 
Midway Islands and destroy the United States Pacific Fleet, but 
the forces under the command of Admiral Nimitz completely 
thwarted the Japanese strategy. Victory at Midway is considered 
the turning point in the World War II Pacific Theater.
    The United States lost 163 aircraft compared to 286 
Japanese aircraft loss at Midway. One American Aircraft 
carrier, U.S.S. Yorktown, and one destroyer, U.S.S. Humman, 
were destroyed. On the other hand, the Japanese Navy lost five 
ships, including four of the Imperial Navy's main aircraft 
carriers. Almost as devastating was the loss of most of the 
experienced Japanese pilots. At the end of the battle, 307 
Americans had lost their lives. The Japanese lost 2,500 men. 
The damage inflicted on the Imperial Japanese Navy by American 
airmen and sailors was so severe that Japan never again was 
able to take the offensive against the United States Allied 
forces.
    The study proposed in this measure would analyze the issues 
attendant to establishing a memorial on Midway including the 
protection and interpretation of the features, ruins and 
artifacts reflective of the activity surrounding the Battle of 
Midway.
    In addition to their military-historical significance, the 
Midway Islands provide land habitat and the nesting site for 
more than 2 million birds, including 15 species of seabirds. 
The islands are also home to several endangered species, such 
as the Hawaiian monk seal and the green sea turlte.
    Midway was under the jurisdiction of the U.S. Navy for the 
decades following 1903, but transferred to the jurisdiction of 
the Secretary of the Interior by Executive Order in October of 
1996. The Navy completed environmental cleanup and left the 
atoll June 30, 1997. Midway Atoll National Wildlife refuge was 
originally established as an ``overall'' refuge in 1988, 
pursuant to an agreement between the Fish and Wildlife Service 
and the Navy. An overlay refuge is a situation where another 
agency owns land in fee title (in this case the Navy), but the 
Fish and Wildlife Service maintains a refuge for protection of 
wildlife over the other agency's land or water. On July 1, 
1997, the Fish and Wildlife Service received fee title over the 
refuge at Midway. The Fish and Wildlife Service is also 
responsible for the underwater resources surrounding the atoll.

                          legislative history

    S. 940 was introduced June 19, 1997 by Senators Helms, 
Akaka, Lott, McCain and Murkowski and was referred to the 
Committee on Energy and Natural Resources. The Subcommittee on 
National Parks, Historical Preservation and Recreation held a 
hearing on S. 940 on October 1, 1997.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business on October 22, 1997, by a unanimous voice vote of a 
quorum present, recommends that the Senate pass S. 940, if 
amended as described herein.

                          committee amendment

    During the consideration of S. 940, the Committee adopted 
an amendment in the nature of a substitution which would modify 
section 3 to clarify the purpose of the study to determine the 
suitability and feasibility of establishing a memorial to the 
Battle of Midway and requires the study to include, but not be 
limited to identifying interpretative and educational 
opportunities relating to the historical battle.
    The amendment also changes the short title from ``Battle of 
Midway National Memorial Act'' to the ``Battle of Midway 
National Memorial Study Act.''
    During the discussion on the amendment, the Committee 
pointed out that there are volumes of material already written 
on the Battle of Midway which, for the purposes of the study 
directed by this legislation need not be duplicated. The 
Committee encourages the U.S. Fish and Wildlife Service and the 
National Park Service to accomplish the study in the most cost-
effective manner.

                      section-by-section analysis

    Section 1 entitles the bill the ``Battle of Midway National 
Memorial Study Act''.
    Section 2 sets forth Congressional findings as to the 
historic significance of the Battle of Midway and that it is in 
the public interest to study whether a national memorial to the 
memory and heroism of those involved in the battle should be 
established and that the historic structures and facilities on 
Midway Atoll should be protected and maintained.
    Section 3 states that the purpose of this Act is to require 
a feasibility and suitability study of designating the Midway 
Atoll within the boundaries of the Midway Atoll National 
Wildlife Refuge as a National Memorial to the Battle of Midway, 
a study which shall include, but not be limited to the 
identification of interpretive opportunities that will educate 
and inspire current and future generations and interpretation 
of the unique and significant circumstances involved in the 
Battle of Midway.
    Section 4(a) directs the Secretary of the Interior 
(Secretary) to work through the Director of the National Park 
Service (Director NPS) and the Director of the Fish and 
Wildlife Service (Director F&WS) and the International Midway 
Memorial Foundation, Inc. (Foundation) and the Midway Phoenix 
Corporation to study the feasibility and advisability of 
establishing Midway Atoll as a national memorial to the Battle 
of Midway.
    Section 4(b) directs the Secretary to make the 
considerations in the following four paragraphs in the course 
of the study directed in Section 4(a):
    Paragraph (b)(1) directs that the study determine the 
appropriate agency to manage the proposed memorial and to 
administer, maintain or utilize the lands, facilities, 
infrastructure and other improvements associated with a 
memorial on lands and waters of Midway Atoll.
    Paragraph (b)(2) directs that the study determine whether a 
memorial would conflict with management of the Midway Atoll as 
a refuge and under what circumstances the needs and 
requirements of the wildlife refuge should take precedence over 
the needs of a national memorial.
    Paragraph (b)(3) directs that the study determine whether 
and under what conditions uses should be permitted on Sand 
Island for uses other than as a refuge or national memorial.
    Paragraph (b)(4) directs that the study determine whether 
to impose conditions on public access to Midway Atoll.
    Section 4(c) directs the Secretary, upon completion of the 
study, to submit a report to Congress with recommendations for 
any future legislative action and including an inventory of all 
past and present structures of historical interest on Midway 
Atoll and how each would contribute to the proposed memorial.
    Section 5 states that nothing in this Act should inhibit 
discussions between the Foundation and the U.S. Fish and 
Wildlife Service or other government agency regarding the 
future role of theFoundation on Midway Atoll.

                   cost and budgetary considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time this report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 940. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 940, as ordered reported.

                        executive communications

    On October 24, 1997, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 940. These reports 
had not been received at the time the report on S. 940 was 
filed. When these reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony of the Department of 
the Interior at the Subcommittee hearing follows:

   Statement of John Rogers, Deputy Director, United States Fish and 
              Wildlife Service, Department of the Interior

    Mr. Chairman and Members of the Subcommittee, I appreciate 
the opportunity to provide testimony on S. 940, a bill which 
would require the Secretary of the Interior to conduct a study 
of the feasibility and advisability of designating Midway Atoll 
National Wildlife Refuge as a national memorial to commemorate 
the Battle of Midway.
    The Fish and Wildlife Service fully appreciates the 
historical importance of Midway Atoll to the nation and is 
committed to protecting the atoll's outstanding historic sites 
and provide access and interpretive programs for the public. We 
recognize the key role that Midway played in World War II and 
the country's maritime history.
    We fully support the designation of Midway Atoll as a 
national memorial. In fact, it is our view that Midway's 
outstanding history has been sufficiently documented to warrant 
designation by Congress as a national memorial without further 
study. We would support a bill which designates a national 
memorial on the Midway Atoll National Wildlife Refuge to be 
managed by the United States Fish and Wildlife Service. We 
would be happy to work with the Committee on revisions to the 
bill that would support this designation.
    S. 940 requires the completion of a study within 6 months 
to determine the appropriate role of the International Midway 
Memorial Foundation (Foundation) or another entity on Midway 
and to address issues involving access to and use of its 
historic resources. It further requires the Secretary of the 
Interior to submit a report to Congress with recommendations 
for additional legislative action upon completion of this 
study. The Service believes that the various issues covered 
under Section 4 of the bill have been or are in the process of 
being addressed, thereby making this study unnecessary for the 
following reasons:
    The history of Midway has been studied and documented 
extensively. In addition to numerous fine books and 
publications on the significance of the Battle of Midway, the 
National Park Service completed a special study of the atoll in 
1986 which resulted in the designation of a National Historic 
Landmark encompassing certain resources.
    In recent years, the Department of the Navy completed 
additional surveys and studies of Midway to identify other 
important historic properties that would be affected by the 
base realignment and closure process. The Fish and Wildlife 
Service has also just completed its 1997 annual report 
documenting the general condition and restoration needs of 
identified sites. I have a copy here for your review and would 
like to include this exhibit as part of the hearing record.
    In 1996, the Service, Navy, and Advisory Council on 
Historic Preservation executed a Programmatic Agreement under 
the National Historic Preservation Act of 1966, as amended, to 
ensure that historic properties on Midway would be sufficiently 
protected during the base realignment and closure process. This 
agreement which I would like to include as part of the hearing 
record, requires the Service to prepare a historic preservation 
plan by 1998 to address, among other things, the use and access 
issues identified in S. 940. The Fish and Wildlife Service will 
consult with the National Park Service in completion of this 
plan.
    This plan will be used to examine the current boundaries of 
the National Historic Landmark to determine its accuracy and 
offer recommendations to the National Park Service for any 
necessary revisions; examine alternatives for the appropriate 
use of and access to Midway's historic resources by the public; 
and establish management priorities and specific actions needed 
for protecting the atoll's historic sites. The historic 
preservation plan will be subject to public review and comment 
to ensure that the broad diversity of interests related to 
Midway's wildlife, historic resources, public access, and 
interpretation are sufficiently addressed.
    Before Midway was fully transferred to the Service in 1997, 
we recognized the need for seeking the assistance of qualified 
organizations to help manage Midway's outstanding wildlife and 
historic resources. To help meet this need, the Service signed 
a long-term contract with the Midway-Phoenix Corporation to 
manage many of the atoll's buildings, infrastructure, and offer 
support for a public use program.
    Through this agreement, the day-to-day responsibility for 
managing facilities, some of which include historic buildings, 
has been divided between the Service and Midway-Phoenix 
Corporation. In turn, Midway-Phoenix Corporation has 
subcontracted to other companies to provide services such as 
wildlife interpretation, fishing charters, diving charters, and 
other programs. While the Service has already initiated a 
limited program to interpret Midway's history, we are actively 
seeking out other partners, including the Foundation, to expand 
and enhance historic interpretative services and restoration of 
important sites.
    The Service is pleased with the support and enthusiasm 
offered by the Foundation. This past June, representatives from 
Foundation, the Fish and Wildlife Service, National Park 
Service, and Midway-Phoenix met on Midway to review the status 
of the atoll's historic resources. This meeting was very 
productive in terms of identifying areas of common concern 
affecting Midway's historic sites and identifying follow-up 
activities.
    Representatives from the Service, the Foundation, and 
Midway-Phoenix plan to meet again next week to continue 
discussions on Foundation's involvement. It is the Service's 
objective to develop an agreement with the Foundation that 
formalizes its role in assisting the Service to protect and 
interpret historic sites. We are confident that this will be 
accomplished in the near future.
    We are also confident that establishing a national memorial 
would be beneficial to the atoll's historic resources by 
drawing greater attention and support for preserving and 
interpreting Midway's unique legacy. The Service has the 
necessary experience to manage a national memorial and has 
already demonstrated a commitment to protecting Midway's 
historic resources.
    The potential for realizing all of these activities is 
primarily limited only by available finances and manpower. The 
Service believes that increasing the recognition of Midway's 
unique and colorful history will help attract the public to the 
refuge and thus partially contribute to the maintenance of 
facilities, infrastructure, and services required to support 
wildlife conservation, a viable public use program, and 
historic preservation objectives.
    The Service realizes that balancing the protection of 
Midway's wildlife and history, while encouraging reasonable 
public access, will require careful planning. We are committed 
to working with the National Park Service and other interested 
parties, including the Foundation over the next year to develop 
a balanced program that addresses the various management issues 
involving Midway's historic resources in a manner that is 
compatible with the refuge's mission and purposes.
    Thank you for the opportunity to testify on S. 940. I would 
be pleased to respond to any questions that you may have.

                        changes in existing law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 940 as 
reported.

                                
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