[Weekly Compilation of Presidential Documents Volume 32, Number 45 (Monday, November 11, 1996)]
[Pages 2265-2266]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13022--Administration of the Midway Islands

October 31, 1996

    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superseded.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Order 8729 of April 2, 1941, are hereby superseded.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.
    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.
                                            William J. Clinton
The White House,
October 31, 1996.

[[Page 2266]]

[Filed with the Office of the Federal Register, 11:04 a.m., November 1, 
1996]

Note: This Executive order was released by the Office of the Press 
Secretary on November 1, and it was published in the Federal Register on 
November 4. This item was not received in time for publication in the 
appropriate issue.