Midway Atoll Trust Act
This bill establishes the Board of Governors of the Midway Atoll to oversee the operation of the Midway Atoll (an unincorporated U.S. territory in the North Pacific Ocean), including the authority to manage national wildlife refuges on the atoll. Currently, the U.S. Fish and Wildlife Service (USFWS) has jurisdiction over operations on the atoll.
The USFWS must restore all infrastructure of the atoll that has been demolished and is necessary for public visitation.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6879 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6879
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
September 25, 2018
Mr. Duncan of Tennessee introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Midway Atoll Trust Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The most decisive battle of World War II took place at
the Midway Atoll on June 4, 1942.
(2) In 1993, the Navy determined that 78 properties at the
Midway Atoll were eligible, including the nine properties that
were designated as National Historic Landmarks in 1987, for
inclusion in the National Register of Historic Places.
(3) The Midway Atoll was designated a National Memorial in
2000.
(4) The Midway Atoll has been managed by a public/private
partnership through the Midway Phoenix Corporation (1996-2002)
at minimal expense to the Federal Government.
(5) The Midway Atoll was declared a national wildlife
refuge in 1996.
(6) The Midway Atoll has been closed to public visitation
since November 2012.
(7) The Government Accountability Office investigation
reported in 2016 that three historic properties at the Midway
Atoll were destroyed without proper consultation.
(8) The United States Fish and Wildlife Service disregarded
until 2015 the requirements of section 126 of the Department of
the Interior and Related Agencies Appropriations Act, 2000 (113
Stat. 1501A-164), which specifically directed the Secretary of
the Interior to consult with the International Midway Memorial
Foundation on a regular basis regarding the management of
Midway Atoll National Memorial.
(9) The United States Fish and Wildlife Service continues
to demolish buildings and structures at the Midway Atoll by
failing to maintain them.
(10) The Government Accountability Office was not able to
prepare a report on the finances of Midway Atoll because the
budget data available from the United States Fish and Wildlife
Service from 2009 through 2015 was of undetermined reliability
for the purposes of submitting an evaluation.
SEC. 3. TRANSFER OF AUTHORITY OVER MIDWAY ATOLL.
All administrative jurisdiction and authority of the Department of
the Interior to manage national wildlife refuges on the Midway Atoll
under the National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd, 668ee) and any other Federal law is transferred to
and vested in the Board of Governors of the Midway Atoll established
under section 4.
SEC. 4. MIDWAY ATOLL TRUST.
(a) Establishment.--There is established the Midway Atoll Trust (in
this section referred to as the ``Trust'') to oversee the operations of
Midway Atoll.
(b) Authorities.--
(1) In general.--The Trust may award and manage contracts
to provide for the management and operation of Midway Atoll.
(2) Board of governors approval required.--All policies and
decisions of the Trust relating to the management of Midway
Atoll shall be subject to the approval by the Board of
Governors of the Midway Atoll.
(c) Board of Governors.--
(1) Establishment.--There is established the Board of
Governors of the Midway Atoll (in this Act referred to as the
``Board''), consisting of--
(A) one member appointed by the Director of the
National Park Service;
(B) one member appointed by the International
Midway Memorial Foundation;
(C) one member appointed by the Secretary of the
Navy;
(D) one member appointed by the Federal Aviation
Association;
(E) one member appointed by the Commandant of the
Coast Guard; and
(F) one member appointed by the Director of the
United States Fish and Wildlife Service.
(2) Duties.--The Board shall--
(A) ensure that--
(i) the Midway Atoll is efficiently
operated, from both a financial and
administrative standpoint; and
(ii) administration of the Midway Atoll as
a National Memorial is a priority equivalent to
the priority of its administration as a
national wildlife refuge;
(B) secure a private sector entity to operate and
maintain the infrastructure of the Midway Atoll and the
public visitation program of the Midway Atoll, and
ensure that--
(i) the private sector is the main vehicle
for making the Midway Atoll solvent and
profitable; and
(ii) the private sector operates and
maintains the infrastructure and public
visitation program at the Midway Atoll on a
for-profit basis at minimal cost to the
Government;
(C) ensure that public visitation on Midway Atoll
is restored and conducted by the private sector; and
(D) ensure that Midway Atoll continues to operate
as an emergency alternate landing field for trans-
Pacific flights.
(3) Powers.--The Board--
(A) shall have all necessary and proper powers for
the exercise of its authorities; and
(B) may enter into contracts with private sector
entities for the operation of the Midway Atoll.
(4) Chairman.--The Board shall have a Chairman who shall be
selected annually by the Board from among its members in
consecutive order.
(5) Annual report.--
(A) In general.--The Chairman of the Board shall
submit annually to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report on
the financial and operational activities relating to
the Midway Atoll.
(B) Member assessments.--Each member of the Board
shall annually submit his or her assessment of such
activities to the Chairman before the Chairman submits
each report under subparagraph (A).
(6) Compensation and expenses.--Members of the Board shall
serve without compensation for their service on the Board
services, but shall be reimbursed for actual and necessary
travel and subsistence expenses incurred by them in the
performance of their duties.
(7) Attendance of meetings by contractors.--Any person who
enters into a contract with the Trust to carry out operations
of Midway Atoll may attend meetings of the Board, but shall not
have authority to vote in such meetings.
(d) Executive Director and Staff.--The Trust shall have--
(1) an executive director appointed by the Board;
(2) senior managers who have experience in management,
finance, historical preservation, fish and wildlife
conservation, and airport management; and
(3) such additional staff as are necessary to properly
manage Midway Atoll.
SEC. 5. RESTORATION OF DEMOLISHED INFRASTRUCTURE.
(a) In General.--The Director of the United States Fish and
Wildlife Service shall restore all infrastructure of the Midway Atoll
that has been demolished and is necessary for public visitation on the
Midway Atoll.
(b) Fuel Tanks.--Such restoration shall include replacement of two
(2,000,000 gallon) fuel tanks that are essential for the sale of fuel
and for the financial viability of the Midway Atoll.
SEC. 6. GAO STUDY.
The Comptroller General of the United States shall, every three
years, conduct a comprehensive study of all activities on the Midway
Atoll and report on such study to the Committee on Energy and Natural
Resources, the Committee on Appropriations, and the Committee on
Environment and Public Works of the Senate and Committee on Natural
Resources and the Committee on Appropriations of the House of
Representatives.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Federal Lands.
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