[Federal Register Volume 61, Number 214 (Monday, November 4, 1996)]
[Presidential Documents]
[Pages 56875-56876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28509]


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  Federal Register / Vol. 61, No. 214 / Monday, November 4, 1996 / 
Presidential Documents  

[[Page 56875]]


                Executive Order 13022 of October 31, 1996

                
Administration of the Midway Islands

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 48 of the Hawaii Omnibus 
                Act, Public Law 86-624, and section 301 of title 3, 
                United States Code, it is hereby ordered as follows:

                Section 1. The Midway Islands, Hawaiian group, and 
                their territorial seas, located approximately between 
                the parallels of 28 degrees 5 minutes and 28 degrees 25 
                minutes North latitude and between the meridians of 177 
                degrees 10 minutes and 177 degrees 30 minutes West 
                longitude, were placed under the jurisdiction and 
                control of the Department of the Navy by the provisions 
                of Executive Order 199-A of January 20, 1903, and Part 
                II of Executive Order 11048 of September 4, 1962, and 
                are hereby transferred to the jurisdiction and control 
                of the Department of the Interior. The provisions of 
                Executive Order 199-A of January 20, 1903, and the 
                provisions of Executive Order 11048 of September 4, 
                1962, that pertain to the Midway Islands are hereby 
                superseded.

                Sec. 2. The Midway Islands Naval Defensive Sea Area and 
                the Midway Islands Naval Airspace Reservation are 
                hereby dissolved. The provisions of Executive Order 
                8682 of February 14, 1941, as amended by Executive 
                Order 8729 of April 2, 1941, are hereby superseded.

                Sec. 3. (a) The Secretary of the Interior, through the 
                United States Fish and Wildlife Service, shall 
                administer the Midway Islands as the Midway Atoll 
                National Wildlife Refuge in a manner consistent with 
                Executive Order 12996 of March 25, 1996, for the 
                following purposes:

                    (1) maintaining and restoring natural biological 
                diversity within the refuge;
                    (2) providing for the conservation and management 
                of fish and wildlife and their habitats within the 
                refuge;
                    (3) fulfilling the international treaty obligations 
                of the United States with respect to fish and wildlife;
                    (4) providing opportunities for scientific 
                research, environmental education, and compatible 
                wildlife dependent recreational activities; and
                    (5) in a manner compatible with refuge purposes, 
                shall recognize and maintain the historic significance 
                of the Midway Islands consistent with the policy stated 
                in Executive Order 11593 of May 13, 1971.
                    (b) The Secretary of the Interior shall be 
                responsible for the civil administration of the Midway 
                Islands and all executive and legislative authority 
                necessary for that administration, and all judicial 
                authority respecting the Midway Islands other than the 
                authority contained in 48 U.S.C. 644a.

                Sec. 4. Any civil or criminal proceeding that is 
                pending under the Midway Islands Code, 32 CFR Part 762, 
                upon the date of this order, shall remain under the 
                jurisdiction of the Secretary of the Navy. Actions 
                arising after the date of this order are the 
                responsibility of the Secretary of the Interior and 
                shall be administered pursuant to regulations 
                promulgated by the Secretary of the Interior.

                Sec. 5. To the extent that any prior Executive order or 
                proclamation is inconsistent with the provisions of 
                this order, this order shall control.

[[Page 56876]]

                Sec. 6. Nothing in this order shall be deemed to 
                reduce, limit, or otherwise modify the authority or 
                responsibility of the Attorney General of the United 
                States to represent the legal interests of the United 
                States in civil or criminal cases arising under the 
                provisions of 48 U.S.C. 644a.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                     October 31, 1996.

[FR Doc. 96-28509
Filed 11-01-96; 11:04 am]
Billing code 3195-01-P