[Senate Report 105-114]
[From the U.S. Government Publishing Office]
Calendar No. 228
105th Congress Report
SENATE
1st Session 105-114
_______________________________________________________________________
BATTLE OF MIDWAY NATIONAL MEMORIAL ACT
_______
October 28, 1997.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 940]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 940) to provide for a study of the
establishment of Midway Atoll as a national memorial to the
Battle of Midway, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited the ``Battle of Midway National Memorial
Study Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) September 2, 1997, marked the 52nd 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 the United States or the allied forces.
(3) During the Battle of Midway on June 4, 1942, 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 study whether Midway
Atoll should be established as a national memorial to the
Battle of Midway 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.
(5) The historic structures and facilities on Midway Atoll
should be protected and maintained.
SEC. 3. PURPOSE.
The purpose of this Act shall be to require a study of the
feasibility and suitability of designating the Midway Atoll as a
National Memorial to the Battle of Midway within the boundaries of the
Midway Atoll National Wildlife Refuge. The study of the Midway Atoll
and its environs shall include, but not be limited to, identification
of interpretative opportunities for the educational and inspirational
benefit of present and future generations, and of the unique and
significant circumstancesinvolving the defense of the island by the
United States in World War II and the Battle of Midway.
SEC. 4. STUDY OF THE ESTABLISHMENT OF MIDWAY ATOLL AS A NATIONAL
MEMORIAL TO THE BATTLE OF MIDWAY.
(a) In General.--Not later than six months after the date of
enactment of this Act, the Secretary of the Interior shall, acting
through the Director of the National Park Service and in consultation
with the Director of the United States Fish and Wildlife Service, the
International Midway Memorial Foundation, Inc. (hereafter referred to
as the ``Foundation''), and Midway Phoenix Corporation, carry out a
study of the suitability and feasibility of establishing Midway Atoll
as a national memorial to the Battle of Midway.
(b) Considerations.--In studying the establishment of Midway Atoll
as a national memorial to the Battle of Midway under subsection (a),
the Secretary shall address the following:
(1) The appropriate federal agency to manage such a memorial,
and whether and under what conditions, to lease or otherwise
allow the Foundation or another appropriate entity to
administer, maintain, and fully utilize the lands (including
any equipment, facilities, infrastructure, and other
improvements) and waters of Midway Atoll if designated as a
national memorial.
(2) Whether designation as a national memorial would conflict
with current management of Midway Atoll as a wildlife refuge
and whether, and under what circumstances, the needs and
requirements of the wildlife refuge should take precedence over
the needs and requirements of a national memorial on Midway
Atoll.
(3) Whether, and under what conditions, to permit the use of
the facilities on Sand Island for purposes other than a
wildlife refuge or a national memorial.
(4) Whether to impose conditions on public access to Midway
Atoll if designated as a national memorial.
(c) Report.--Upon completion of the study required under subsection
(a), the Secretary shall submit, to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Resources of
the House of Representatives, a report on the study, which shall
include any recommendations for further legislative action. The report
shall also include an inventory of all known past and present
facilities and structures of historical significance on Midway Atoll
and its environs. The report shall include a description of each
historic facility and structure and a discussion of how each will
contribute to the designation and interpretation of the proposed
national memorial.
SEC. 5. CONTINUING DISCUSSIONS.
Nothing in this Act shall be construed to delay or prohibit
discussions between the Foundation and the United States Fish and
Wildlife Service or any other government entity regarding the future
role of the Foundation on Midway Atoll.
purpose of the measure
The purpose of S. 940, to provide for a study of the
establishment of Midway Atoll as a national memorial to the
Battle of Midway.
background and need
The U.S. Fish and Wildlife Service Refuge at Midway is
composed of about 88,548 acres of submerged lands and two major
coral islands that total about 1,550 acres: Eastern Island and
Sand Island. Eastern Island is roughly triangular in shape and
is 1.3 miles long and about 0.8 mile at its widest extent. Sand
Island is larger, measuring approximately 1 mile wide and 2
miles long. Sand Island is the location of most of the
facilities on the atoll. Eastern Island is the location of the
airstrip.
The Midway Islands are located in the North Pacific Ocean,
about one-third of the way from Honolulu to Tokyo. The
comparative land mass of the Midway Islands is about nine times
the size of the Mall in Washington, DC. The island climate is
tropical, but is moderated by easterly winds. The group of
atolls is approximately 1,150 miles northwest of Honolulu,
Hawaii. Midway is the only collection of atolls in the Hawaiian
Archipelago that are not within the State of Hawaii.
Midway was discovered by an American sea captain in 1859,
U.S. Navy Captain William Reynolds took formal possession of
Midway for the United States in 1867. In 1903 a commercial
telegraph cable was laid across the Pacific which led to the
occupation of the islands. That same year, President Theodore
Roosevelt issued an executive order placing the U.S. Navy in
charge of the islands. The Commercial Pacific Cable Company
established a communication station on Sand Island, planted
grass and trees to cut down on sand storms and sun glare and
built four principle buildings. Those buildings exist today,
abandoned and deteriorating. A detachment of 20 Marines was
deployed on Midway to thwart Japanese bird feather poachers in
1904.
In 1935 Pan American Airways established weekly commercial
flights across the Pacific and moved on to Sand Island,
building a small hotel and flight facilities. In 1938,
Congress, in support of this commercial enterprise, authorized
the Army Corps of Engineers to dredge an entrance channel, a
harbor and seaplane runways. This work was completed in 1940,
when the Navy took over at Midway.
In September of 1940 a detachment of Marines from the 3d
Defense Battalion arrived on Midway and began building defenses
to support the work of the Navy which was establishing a
forward position for two patrol squadrons of seaplanes on Sand
Island. Civilian employees were beginning to build a land-based
airstrip on Eastern Island.
On December 7, 1941, the same day as the Pearl Harbor
attack on the Pacific Fleet, two Japanese destroyers attacked
Midway, setting fire to a seaplane hanger, hitting the power
plant, the Pan Am radio facility and other facilities on the
island. Marines returned fire from their coastal batteries.
While they believed they hit both vessels, damage was
apparently negligible and they were able to return to port in
Japan safely.
After breaking Japan's communication codes, the Pacific
Fleet learned of Japan's plan to launch a raid on Midway in the
Spring of 1942. Based on this information and the strategic
importance of the Midway group, Admiral Nimitz authorized
reinforcement of the island's coastal defenses--adding more gun
placements and reinforced magazines for ammunition.
Additional aircraft were sent to the island including: 32
PBY's, 6 avengers, 4 B-26 and 13 B-17 bombers and two squadrons
of Marine Corps fighters. Two companies of marines arrived to
reinforce the defense battalion.
On June 4, 1942, the Japanese attacked Midway with 108
aircraft at dawn. After the first raid, the Japanese planes
returned to their carriers to rearm and were caught by surprise
on the carrier decks by American carrier aircraft from Admiral
Nimitz' fleet.
Historians have ranked the Battle of Midway as one of the
most decisive naval battles of all time. During the month of
June 1942, a badly outnumbered American naval force, consisting
of 29 ships and other units of the armed forces, under the
overall command of Admiral Nimitz, outmaneuvered and out-fought
350 ships of the combined Japanese Imperial Fleet. The
objectives of the Japanese high command were to occupy the
Midway Islands and destroy the United States Pacific Fleet, but
the forces under the command of Admiral Nimitz completely
thwarted the Japanese strategy. Victory at Midway is considered
the turning point in the World War II Pacific Theater.
The United States lost 163 aircraft compared to 286
Japanese aircraft loss at Midway. One American Aircraft
carrier, U.S.S. Yorktown, and one destroyer, U.S.S. Humman,
were destroyed. On the other hand, the Japanese Navy lost five
ships, including four of the Imperial Navy's main aircraft
carriers. Almost as devastating was the loss of most of the
experienced Japanese pilots. At the end of the battle, 307
Americans had lost their lives. The Japanese lost 2,500 men.
The damage inflicted on the Imperial Japanese Navy by American
airmen and sailors was so severe that Japan never again was
able to take the offensive against the United States Allied
forces.
The study proposed in this measure would analyze the issues
attendant to establishing a memorial on Midway including the
protection and interpretation of the features, ruins and
artifacts reflective of the activity surrounding the Battle of
Midway.
In addition to their military-historical significance, the
Midway Islands provide land habitat and the nesting site for
more than 2 million birds, including 15 species of seabirds.
The islands are also home to several endangered species, such
as the Hawaiian monk seal and the green sea turlte.
Midway was under the jurisdiction of the U.S. Navy for the
decades following 1903, but transferred to the jurisdiction of
the Secretary of the Interior by Executive Order in October of
1996. The Navy completed environmental cleanup and left the
atoll June 30, 1997. Midway Atoll National Wildlife refuge was
originally established as an ``overall'' refuge in 1988,
pursuant to an agreement between the Fish and Wildlife Service
and the Navy. An overlay refuge is a situation where another
agency owns land in fee title (in this case the Navy), but the
Fish and Wildlife Service maintains a refuge for protection of
wildlife over the other agency's land or water. On July 1,
1997, the Fish and Wildlife Service received fee title over the
refuge at Midway. The Fish and Wildlife Service is also
responsible for the underwater resources surrounding the atoll.
legislative history
S. 940 was introduced June 19, 1997 by Senators Helms,
Akaka, Lott, McCain and Murkowski and was referred to the
Committee on Energy and Natural Resources. The Subcommittee on
National Parks, Historical Preservation and Recreation held a
hearing on S. 940 on October 1, 1997.
committee recommendation
The Committee on Energy and Natural Resources, in open
business on October 22, 1997, by a unanimous voice vote of a
quorum present, recommends that the Senate pass S. 940, if
amended as described herein.
committee amendment
During the consideration of S. 940, the Committee adopted
an amendment in the nature of a substitution which would modify
section 3 to clarify the purpose of the study to determine the
suitability and feasibility of establishing a memorial to the
Battle of Midway and requires the study to include, but not be
limited to identifying interpretative and educational
opportunities relating to the historical battle.
The amendment also changes the short title from ``Battle of
Midway National Memorial Act'' to the ``Battle of Midway
National Memorial Study Act.''
During the discussion on the amendment, the Committee
pointed out that there are volumes of material already written
on the Battle of Midway which, for the purposes of the study
directed by this legislation need not be duplicated. The
Committee encourages the U.S. Fish and Wildlife Service and the
National Park Service to accomplish the study in the most cost-
effective manner.
section-by-section analysis
Section 1 entitles the bill the ``Battle of Midway National
Memorial Study Act''.
Section 2 sets forth Congressional findings as to the
historic significance of the Battle of Midway and that it is in
the public interest to study whether a national memorial to the
memory and heroism of those involved in the battle should be
established and that the historic structures and facilities on
Midway Atoll should be protected and maintained.
Section 3 states that the purpose of this Act is to require
a feasibility and suitability study of designating the Midway
Atoll within the boundaries of the Midway Atoll National
Wildlife Refuge as a National Memorial to the Battle of Midway,
a study which shall include, but not be limited to the
identification of interpretive opportunities that will educate
and inspire current and future generations and interpretation
of the unique and significant circumstances involved in the
Battle of Midway.
Section 4(a) directs the Secretary of the Interior
(Secretary) to work through the Director of the National Park
Service (Director NPS) and the Director of the Fish and
Wildlife Service (Director F&WS) and the International Midway
Memorial Foundation, Inc. (Foundation) and the Midway Phoenix
Corporation to study the feasibility and advisability of
establishing Midway Atoll as a national memorial to the Battle
of Midway.
Section 4(b) directs the Secretary to make the
considerations in the following four paragraphs in the course
of the study directed in Section 4(a):
Paragraph (b)(1) directs that the study determine the
appropriate agency to manage the proposed memorial and to
administer, maintain or utilize the lands, facilities,
infrastructure and other improvements associated with a
memorial on lands and waters of Midway Atoll.
Paragraph (b)(2) directs that the study determine whether a
memorial would conflict with management of the Midway Atoll as
a refuge and under what circumstances the needs and
requirements of the wildlife refuge should take precedence over
the needs of a national memorial.
Paragraph (b)(3) directs that the study determine whether
and under what conditions uses should be permitted on Sand
Island for uses other than as a refuge or national memorial.
Paragraph (b)(4) directs that the study determine whether
to impose conditions on public access to Midway Atoll.
Section 4(c) directs the Secretary, upon completion of the
study, to submit a report to Congress with recommendations for
any future legislative action and including an inventory of all
past and present structures of historical interest on Midway
Atoll and how each would contribute to the proposed memorial.
Section 5 states that nothing in this Act should inhibit
discussions between the Foundation and the U.S. Fish and
Wildlife Service or other government agency regarding the
future role of theFoundation on Midway Atoll.
cost and budgetary considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time this report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 940. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 940, as ordered reported.
executive communications
On October 24, 1997, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 940. These reports
had not been received at the time the report on S. 940 was
filed. When these reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony of the Department of
the Interior at the Subcommittee hearing follows:
Statement of John Rogers, Deputy Director, United States Fish and
Wildlife Service, Department of the Interior
Mr. Chairman and Members of the Subcommittee, I appreciate
the opportunity to provide testimony on S. 940, a bill which
would require the Secretary of the Interior to conduct a study
of the feasibility and advisability of designating Midway Atoll
National Wildlife Refuge as a national memorial to commemorate
the Battle of Midway.
The Fish and Wildlife Service fully appreciates the
historical importance of Midway Atoll to the nation and is
committed to protecting the atoll's outstanding historic sites
and provide access and interpretive programs for the public. We
recognize the key role that Midway played in World War II and
the country's maritime history.
We fully support the designation of Midway Atoll as a
national memorial. In fact, it is our view that Midway's
outstanding history has been sufficiently documented to warrant
designation by Congress as a national memorial without further
study. We would support a bill which designates a national
memorial on the Midway Atoll National Wildlife Refuge to be
managed by the United States Fish and Wildlife Service. We
would be happy to work with the Committee on revisions to the
bill that would support this designation.
S. 940 requires the completion of a study within 6 months
to determine the appropriate role of the International Midway
Memorial Foundation (Foundation) or another entity on Midway
and to address issues involving access to and use of its
historic resources. It further requires the Secretary of the
Interior to submit a report to Congress with recommendations
for additional legislative action upon completion of this
study. The Service believes that the various issues covered
under Section 4 of the bill have been or are in the process of
being addressed, thereby making this study unnecessary for the
following reasons:
The history of Midway has been studied and documented
extensively. In addition to numerous fine books and
publications on the significance of the Battle of Midway, the
National Park Service completed a special study of the atoll in
1986 which resulted in the designation of a National Historic
Landmark encompassing certain resources.
In recent years, the Department of the Navy completed
additional surveys and studies of Midway to identify other
important historic properties that would be affected by the
base realignment and closure process. The Fish and Wildlife
Service has also just completed its 1997 annual report
documenting the general condition and restoration needs of
identified sites. I have a copy here for your review and would
like to include this exhibit as part of the hearing record.
In 1996, the Service, Navy, and Advisory Council on
Historic Preservation executed a Programmatic Agreement under
the National Historic Preservation Act of 1966, as amended, to
ensure that historic properties on Midway would be sufficiently
protected during the base realignment and closure process. This
agreement which I would like to include as part of the hearing
record, requires the Service to prepare a historic preservation
plan by 1998 to address, among other things, the use and access
issues identified in S. 940. The Fish and Wildlife Service will
consult with the National Park Service in completion of this
plan.
This plan will be used to examine the current boundaries of
the National Historic Landmark to determine its accuracy and
offer recommendations to the National Park Service for any
necessary revisions; examine alternatives for the appropriate
use of and access to Midway's historic resources by the public;
and establish management priorities and specific actions needed
for protecting the atoll's historic sites. The historic
preservation plan will be subject to public review and comment
to ensure that the broad diversity of interests related to
Midway's wildlife, historic resources, public access, and
interpretation are sufficiently addressed.
Before Midway was fully transferred to the Service in 1997,
we recognized the need for seeking the assistance of qualified
organizations to help manage Midway's outstanding wildlife and
historic resources. To help meet this need, the Service signed
a long-term contract with the Midway-Phoenix Corporation to
manage many of the atoll's buildings, infrastructure, and offer
support for a public use program.
Through this agreement, the day-to-day responsibility for
managing facilities, some of which include historic buildings,
has been divided between the Service and Midway-Phoenix
Corporation. In turn, Midway-Phoenix Corporation has
subcontracted to other companies to provide services such as
wildlife interpretation, fishing charters, diving charters, and
other programs. While the Service has already initiated a
limited program to interpret Midway's history, we are actively
seeking out other partners, including the Foundation, to expand
and enhance historic interpretative services and restoration of
important sites.
The Service is pleased with the support and enthusiasm
offered by the Foundation. This past June, representatives from
Foundation, the Fish and Wildlife Service, National Park
Service, and Midway-Phoenix met on Midway to review the status
of the atoll's historic resources. This meeting was very
productive in terms of identifying areas of common concern
affecting Midway's historic sites and identifying follow-up
activities.
Representatives from the Service, the Foundation, and
Midway-Phoenix plan to meet again next week to continue
discussions on Foundation's involvement. It is the Service's
objective to develop an agreement with the Foundation that
formalizes its role in assisting the Service to protect and
interpret historic sites. We are confident that this will be
accomplished in the near future.
We are also confident that establishing a national memorial
would be beneficial to the atoll's historic resources by
drawing greater attention and support for preserving and
interpreting Midway's unique legacy. The Service has the
necessary experience to manage a national memorial and has
already demonstrated a commitment to protecting Midway's
historic resources.
The potential for realizing all of these activities is
primarily limited only by available finances and manpower. The
Service believes that increasing the recognition of Midway's
unique and colorful history will help attract the public to the
refuge and thus partially contribute to the maintenance of
facilities, infrastructure, and services required to support
wildlife conservation, a viable public use program, and
historic preservation objectives.
The Service realizes that balancing the protection of
Midway's wildlife and history, while encouraging reasonable
public access, will require careful planning. We are committed
to working with the National Park Service and other interested
parties, including the Foundation over the next year to develop
a balanced program that addresses the various management issues
involving Midway's historic resources in a manner that is
compatible with the refuge's mission and purposes.
Thank you for the opportunity to testify on S. 940. I would
be pleased to respond to any questions that you may have.
changes in existing law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 940 as
reported.