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.....................................................................
(Original Signature of Member)

H. R. ll

115TH CONGRESS
2D SESSION

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

IN THE HOUSE OF REPRESENTATIVES
Mr. DUNCAN of Tennessee introduced the following bill; which was referred
to the Committee on llllllllllllll

A BILL
To provide for the administration and operation of the infrastructure and the public visitation program of Midway
Atoll by the private sector at minimal cost to the Federal
Government by terminating the exclusive jurisdiction of
the United States Fish and Wildlife Service over the
Midway Atoll and vesting such jurisdiction in a Board
of Governors of the Midway Atoll, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
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1

SECTION 1. SHORT TITLE.

2

This Act may be cited as the ‘‘Midway Atoll Trust

3 Act’’.
4

SEC. 2. FINDINGS.

5

The Congress finds the following:

6
7

(1) The most decisive battle of World War II
took place at the Midway Atoll on June 4, 1942.

8

(2) In 1993, the Navy determined that 78 prop-

9

erties at the Midway Atoll were eligible, including

10

the nine properties that were designated as National

11

Historic Landmarks in 1987, for inclusion in the

12

National Register of Historic Places.

13
14

(3) The Midway Atoll was designated a National Memorial in 2000.

15

(4) The Midway Atoll has been managed by a

16

public/private partnership through the Midway Phoe-

17

nix Corporation (1996-2002) at minimal expense to

18

the Federal Government.

19
20

(5) The Midway Atoll was declared a national
wildlife refuge in 1996.

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22

(6) The Midway Atoll has been closed to public
visitation since November 2012.

23

(7) The Government Accountability Office in-

24

vestigation reported in 2016 that three historic

25

properties at the Midway Atoll were destroyed with-

26

out proper consultation.

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(8) The United States Fish and Wildlife Service

2

disregarded until 2015 the requirements of section

3

126 of the Department of the Interior and Related

4

Agencies Appropriations Act, 2000 (113 Stat.

5

1501A–164), which specifically directed the Sec-

6

retary of the Interior to consult with the Inter-

7

national Midway Memorial Foundation on a regular

8

basis regarding the management of Midway Atoll

9

National Memorial.

10

(9) The United States Fish and Wildlife Service

11

continues to demolish buildings and structures at

12

the Midway Atoll by failing to maintain them.

13

(10) The Government Accountability Office was

14

not able to prepare a report on the finances of Mid-

15

way Atoll because the budget data available from the

16

United States Fish and Wildlife Service from 2009

17

through 2015 was of undetermined reliability for the

18

purposes of submitting an evaluation.

19

SEC. 3. TRANSFER OF AUTHORITY OVER MIDWAY ATOLL.

20

All administrative jurisdiction and authority of the

21 Department of the Interior to manage national wildlife
22 refuges on the Midway Atoll under the National Wildlife
23 Refuge System Administration Act of 1966 (16 U.S.C.
24 668dd, 668ee) and any other Federal law is transferred

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1 to and vested in the Board of Governors of the Midway
2 Atoll established under section 4.
3

SEC. 4. MIDWAY ATOLL TRUST.

4

(a) ESTABLISHMENT.—There is established the Mid-

5 way Atoll Trust (in this section referred to as the
6 ‘‘Trust’’) to oversee the operations of Midway Atoll.
7

(b) AUTHORITIES.—

8
9
10

(1) IN

Trust may award and

manage contracts to provide for the management
and operation of Midway Atoll.

11

(2) BOARD

OF

GOVERNORS

APPROVAL

RE-

12

QUIRED.—All

13

lating to the management of Midway Atoll shall be

14

subject to the approval by the Board of Governors

15

of the Midway Atoll.

16

(c) BOARD OF GOVERNORS.—

policies and decisions of the Trust re-

17

(1) ESTABLISHMENT.—There is established the

18

Board of Governors of the Midway Atoll (in this Act

19

referred to as the ‘‘Board’’), consisting of—

20

(A) one member appointed by the Director

21

of the National Park Service;

22

(B) one member appointed by the Inter-

23

national Midway Memorial Foundation;

24

(C) one member appointed by the Sec-

25

retary of the Navy;

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GENERAL.—The

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(D) one member appointed by the Federal

2

Aviation Association;

3

(E) one member appointed by the Com-

4

mandant of the Coast Guard; and

5

(F) one member appointed by the Director

6

of the United States Fish and Wildlife Service.

7

(2) DUTIES.—The Board shall—

8

(A) ensure that—

9

(i) the Midway Atoll is efficiently op-

10

erated, from both a financial and adminis-

11

trative standpoint; and

12

(ii) administration of the Midway

13

Atoll as a National Memorial is a priority

14

equivalent to the priority of its administra-

15

tion as a national wildlife refuge;

16

(B) secure a private sector entity to oper-

17

ate and maintain the infrastructure of the Mid-

18

way Atoll and the public visitation program of

19

the Midway Atoll, and ensure that—

20

(i) the private sector is the main vehi-

21

cle for making the Midway Atoll solvent

22

and profitable; and

23

(ii) the private sector operates and

24

maintains the infrastructure and public

25

visitation program at the Midway Atoll on

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a for-profit basis at minimal cost to the

2

Government;

3

(C) ensure that public visitation on Mid-

4

way Atoll is restored and conducted by the pri-

5

vate sector; and

6

(D) ensure that Midway Atoll continues to

7

operate as an emergency alternate landing field

8

for trans-Pacific flights.

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(3) POWERS.—The Board—

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(A) shall have all necessary and proper

11

powers for the exercise of its authorities; and

12

(B) may enter into contracts with private

13

sector entities for the operation of the Midway

14

Atoll.

15

(4) CHAIRMAN.—The Board shall have a Chair-

16

man who shall be selected annually by the Board

17

from among its members in consecutive order.

18

(5) ANNUAL

19

(A) IN

GENERAL.—The

Chairman of the

20

Board shall submit annually to the Committee

21

on Natural Resources of the House of Rep-

22

resentatives and the Committee on Energy and

23

Natural Resources of the Senate a report on

24

the financial and operational activities relating

25

to the Midway Atoll.

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REPORT.—

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(B) MEMBER

ASSESSMENTS.—Each

mem-

2

ber of the Board shall annually submit his or

3

her assessment of such activities to the Chair-

4

man before the Chairman submits each report

5

under subparagraph (A).

6

(6) COMPENSATION

AND EXPENSES.—Members

7

of the Board shall serve without compensation for

8

their service on the Board services, but shall be re-

9

imbursed for actual and necessary travel and sub-

10

sistence expenses incurred by them in the perform-

11

ance of their duties.

12

(7) ATTENDANCE

OF MEETINGS BY CONTRAC-

13

TORS.—Any

14

the Trust to carry out operations of Midway Atoll

15

may attend meetings of the Board, but shall not

16

have authority to vote in such meetings.

17

(d) EXECUTIVE DIRECTOR

person who enters into a contract with

AND

STAFF.—The Trust

18 shall have—
19
20

(1) an executive director appointed by the
Board;

21

(2) senior managers who have experience in

22

management, finance, historical preservation, fish

23

and wildlife conservation, and airport management;

24

and

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(3) such additional staff as are necessary to

2

properly manage Midway Atoll.

3

SEC. 5. RESTORATION OF DEMOLISHED INFRASTRUCTURE.

4

(a) IN GENERAL.—The Director of the United States

5 Fish and Wildlife Service shall restore all infrastructure
6 of the Midway Atoll that has been demolished and is nec7 essary for public visitation on the Midway Atoll.
8

(b) FUEL TANKS.—Such restoration shall include re-

9 placement of two (2,000,000 gallon) fuel tanks that are
10 essential for the sale of fuel and for the financial viability
11 of the Midway Atoll.
12

SEC. 6. GAO STUDY.

13

The Comptroller General of the United States shall,

14 every three years, conduct a comprehensive study of all
15 activities on the Midway Atoll and report on such study
16 to the Committee on Energy and Natural Resources, the
17 Committee on Appropriations, and the Committee on En18 vironment and Public Works of the Senate and Committee
19 on Natural Resources and the Committee on Appropria20 tions of the House of Representatives.

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