[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1098 Introduced in Senate (IS)]
1st Session
S. 1098
To establish the Midway Islands as a National Memorial, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 10), 1995
Mr. Helms (for himself and Mr. Dole) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Midway Islands as a National Memorial, 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 ``Battle of Midway National Memorial
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) September 2, 1995, marks the 50th 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 United States or allied forces.
(3) During the Battle of Midway, 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 erect a memorial to the
Battle of Midway that is suitable 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.
SEC. 3. ESTABLISHMENT.
(a) In General.--There is established the Battle of Midway National
Memorial (referred to in this Act as the ``Memorial'').
(b) Lease of Land.--The Secretary of the Navy shall lease to the
International Midway Memorial Foundation, Inc. (referred to in this Act
as the ``Foundation''), for use as a Memorial for the Battle of Midway,
the lands (including any equipment, facilities, infrastructure, and
other improvements to such lands) and waters of the Midway Islands that
are owned by the United States, are within the jurisdiction of the
Secretary, and are designated as historic landmarks.
(c) Terms and Conditions of Lease.--
(1) Term of lease.--The lease under this subsection shall
be for a term of 99 years.
(2) Consideration.--As consideration for the lease under
this subsection, the Foundation shall pay to the United States
the amount of $1 per year for each year of the term of the
lease. The Secretary shall deposit the amount in the Treasury
as miscellaneous receipts.
(d) Management.--In managing the Memorial, the Foundation shall--
(1) determine the boundaries of all properties, including
those comprising the airstrip on Eastern Island, bunkers, cable
buildings, and gun emplacements on the Midway Atolls, which the
Secretary of the Interior shall designate as historic landmarks
open to the public;
(2) maintain the lands (including any equipment,
facilities, infrastructure, and other improvements to such
lands) and waters that are so designated;
(3) continue management of the remainder of Midway Atolls
as a wildlife refuge;
(4) provide for use of the waters, shoals, and reefs
adjacent to the Midway Islands consistent with protection of
the natural habitat of the Hawaiian monk seal and the green sea
turtle;
(5) allow facilities on Sand Island to continue to function
as--
(A) a Coast Guard air-sea rescue facility;
(B) a commercial air terminal;
(C) a private and contract aircraft refueling site;
and
(D) a seaport facility;
(6) at its discretion, erect such structures and facilities
on Sand Island as the Foundation considers necessary to support
visitors to the Memorial; and
(7) establish a Battle of Midway Memorial Museum on Sand
Atoll.
(e) Access Requirements.--
(1) Access by foundation.--The Secretary shall provide the
Foundation such access to the lands and waters covered by the
lease under subsection (b) as the Foundation shall require in
order to improve, operate, and maintain the Memorial.
(2) Access by others.--The Secretary shall not limit the
number of members of the public who may have access to the
Midway Islands or to the Memorial established under this Act.
(f) Performance of Functions Under Contract.--The Foundation may
perform any of its functions under this Act through contracts with
private entities under such terms and conditions as the Foundation
considers to be in the best interests of the Memorial, including
provisions for payment of a portion of the revenues derived from
operations under contract into the fund established under subsection
(h) in appropriate amounts to assist in the accomplishment of the
purposes described in paragraph (3) of that subsection.
(g) Advisory Assistance for Foundation.--The Secretary shall
appoint an advisory board which shall provide advisory services to the
Foundation for the Memorial. The Secretary shall appoint as members of
the advisory board the following:
(1) Appropriate employees of the Department of Defense.
(2) In consultation with the Secretary of the Interior,
appropriate employees of the United States Fish and Wildlife
Service and of the National Park Service.
(3) In consultation with the Secretary of Transportation,
appropriate employees of the Coast Guard.
(4) Individuals from the private sector.
(5) Members of the Foundation.
(h) Battle of Midway Memorial Fund.--
(1) Establishment.--The Foundation shall establish a fund
to be known as the ``Battle of Midway Memorial Fund'' (referred
to in this section as the ``Fund'').
(2) Transfers into the fund.--There shall be transferred
quarterly into the Fund--
(A) user fees and other revenues collected directly
by the Foundation;
(B) payments required by contracts under subsection
(f); and
(C) donations received from private sources.
(3) Purposes.--The Foundation may use amounts in the Fund
to pay the costs of making capital improvements to,
maintaining, and operating the Memorial.
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