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IS THE MIDWAY ATOLL 

NATIONAL WILDLIFE REFUGE 

BEING PROPERLY MANAGED? 

OVERSIGHT HEARING 

BEFORE THE

SUBCOMMITTEE ON FISHERIES, WILDLIFE, 

OCEANS AND INSULAR AFFAIRS 

OF THE

COMMITTEE ON NATURAL RESOURCES 

U.S. HOUSE OF REPRESENTATIVES 

ONE HUNDRED THIRTEENTH CONGRESS 

SECOND SESSION 

Thursday, November 20, 2014 

Serial No. 113–91 

Printed for the use of the Committee on Natural Resources 

( 

Available via the World Wide Web: http://www.fdsys.gov 

or 

Committee address: http://naturalresources.house.gov 

(II) 

COMMITTEE ON NATURAL RESOURCES 

DOC HASTINGS, WA, Chairman 

PETER A. DEFAZIO, OR, Ranking Democratic Member 

Don Young, AK 

Louie Gohmert, TX 

Rob Bishop, UT 

Doug Lamborn, CO 

Robert J. Wittman, VA 

Paul C. Broun, GA 

John Fleming, LA 

Tom McClintock, CA 

Glenn Thompson, PA 

Cynthia M. Lummis, WY 

Dan Benishek, MI 

Jeff Duncan, SC 

Scott R. Tipton, CO 

Paul A. Gosar, AZ 

Rau ́l R. Labrador, ID 

Steve Southerland, II, FL 

Bill Flores, TX 

Jon Runyan, NJ 

Markwayne Mullin, OK 

Steve Daines, MT 

Kevin Cramer, ND 

Doug LaMalfa, CA 

Jason T. Smith, MO 

Vance M. McAllister, LA 

Bradley Byrne, AL 

Eni F. H. Faleomavaega, AS 

Frank Pallone, Jr., NJ 

Grace F. Napolitano, CA 

Rush Holt, NJ 

Rau ́l M. Grijalva, AZ 

Madeleine Z. Bordallo, GU 

Jim Costa, CA 

Gregorio Kilili Camacho Sablan, CNMI 

Niki Tsongas, MA 

Pedro R. Pierluisi, PR 

Colleen W. Hanabusa, HI 

Tony Ca ́ rdenas, CA 

Jared Huffman, CA 

Raul Ruiz, CA 

Carol Shea-Porter, NH 

Alan S. Lowenthal, CA 

Joe Garcia, FL 

Matt Cartwright, PA 

Katherine M. Clark, MA 

Vacancy 

Todd Young, Chief of Staff 

Lisa Pittman, Chief Legislative Counsel 

Penny Dodge, Democratic Staff Director 

David Watkins, Democratic Chief Counsel 

SUBCOMMITTEE ON FISHERIES, WILDLIFE, OCEANS 

AND INSULAR AFFAIRS 

JOHN FLEMING, LA, Chairman 

GREGORIO KILILI CAMACHO SABLAN, CNMI, Ranking Democratic Member 

Don Young, AK 

Robert J. Wittman, VA 

Glenn Thompson, PA 

Jeff Duncan, SC 

Steve Southerland, II, FL 

Bill Flores, TX 

Jon Runyan, NJ 

Vance M. McAllister, LA 

Bradley Byrne, AL 

Doc Hastings, WA, ex officio 

Eni F. H. Faleomavaega, AS 

Frank Pallone, Jr., NJ 

Madeleine Z. Bordallo, GU 

Pedro R. Pierluisi, PR 

Carol Shea-Porter, NH 

Alan S. Lowenthal, CA 

Joe Garcia, FL 

Peter A. DeFazio, OR, ex officio 

(III) 

CONTENTS 

Page 

Hearing held on Thursday, November 20, 2014 ................................................... 1 

Statement of Members: 

Bordallo, Hon. Madeleine, a Representative in Congress from Guam ......... 3 

Fleming, Hon. John, a Representative in Congress from the State of 

Louisiana ....................................................................................................... 1 

Prepared statement of ............................................................................... 2 

Statement of Witnesses: 

Daak, Mike, Hilo, Hawaii ................................................................................ 13 

Prepared statement of ............................................................................... 14 

D’Angelo, James M., Ph.D., USAF Retired, Chairman, International 

Midway Memorial Foundation ..................................................................... 21 

Prepared statement of ............................................................................... 23 

Foerster, Kevin, Regional Chief, National Wildlife Refuge System, Pacific 

Region, U.S. Fish and Wildlife Service ....................................................... 5 

Prepared statement of ............................................................................... 7 

Jordan, Chris, Chris Jordan Photographic Arts ............................................ 10 

Prepared statement of ............................................................................... 11 

Additional Materials Submitted for the Record: 

Fleming, Hon. John and Hon. John Duncan, July 8, 2014 letter to 

Government Accountability Office ............................................................... 44 

Friends of Midway Atoll National Wildlife Refuge, Prepared statement 

of ..................................................................................................................... 44 

IMMF Midway Feasibility Study, a Document to Create Sound Fiscal 

Policy for the Midway Atoll at no Taxpayers Expense .............................. 48 

List of documents submitted for the record retained in the Committee’s 

official files .................................................................................................... 55 

Removal Action Work Plan—Feb 2012, by NW Demolition and Environmental, prepared for U.S. Fish & Wildlife Service for Midway Atoll 

National Wildlife Refuge .............................................................................. 53 

U.S. Fish & Wildlife Service, Midway Atoll National Wildlife Refuge, 

Historic Preservation Plan 2010 .................................................................. 46 

(1) 

OVERSIGHT HEARING ON IS THE MIDWAY 

ATOLL NATIONAL WILDLIFE REFUGE BEING 

PROPERLY MANAGED? 

Thursday, November 20, 2014 

U.S. House of Representatives 

Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs 

Committee on Natural Resources 

Washington, DC 

The subcommittee met, pursuant to call, at 11:12 a.m., in room 

1334, Longworth House Office Building, Hon. John Fleming [Chairman of the Subcommittee] presiding. 

Present: Representatives Fleming, Bordallo, Lowenthal and 

Garcia. 

Also Present: Representative Bentivolio. 

Mr. FLEMING. The subcommittee will come to order. The 

Chairman notes the presence of a quorum. 

Good morning. Today we will hear testimony on whether the 

Fish and Wildlife Service is properly managing this unique, but 

isolated, refuge, which is more than 1,200 miles northwest of 

Honolulu, Hawaii. 

STATEMENT OF THE HON. JOHN FLEMING, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF LOUISIANA 

Mr. FLEMING. As a former naval officer who was stationed in the 

Pacific, I have a great appreciation and recognition of the fact that 

the Battle of Midway was a pivotal battle in World War II and one 

of the most decisive naval events in world history. 

Once the fighting stopped, it was clear that the efforts of the 

Japanese Navy to control the Pacific had been halted, and they 

were forced, in the words of Admiral Samuel Eliot Morison, to ‘‘an 

unexpected, unwelcomed, and defensive role.’’ 

During the battle, 349 Americans, including 49 men on Midway 

Island, made the ultimate sacrifice for the freedoms that we all 

cherish. In 1997, the U.S. Navy transferred title to the Midway 

Island to the U.S. Fish and Wildlife Service and it was established 

as a national wildlife refuge. 

The purpose of the refuge was to maintain and restore its natural, biological diversity, to provide for the conservation and management of fish and wildlife and their habitat within the refuge 

boundaries, and to recognize and maintain the historic significance 

of Midway Atoll. 

Two years later, the Congress approved and President Clinton 

signed into law a bill that designated the entire island as a national memorial to the Battle of Midway. Section 116 of Public Law 

106–113 stipulates that the Secretary shall consult on a regular 

basis with such organizations, including the International Midway 

2 

Memorial Foundation, on the management of the National 

Memorial. 

It is now 15 years since the National Memorial has been established and it is appropriate for the Congress to inquire whether the 

purposes of the refuge in Public Law 106–113 are being fulfilled. 

For instance, has the Service consulted with the International 

Midway Memorial Foundation on a regular basis? Has the refuge 

been open to the public? Does the refuge have an organized visitors 

program? And has the Service properly maintained the various historic structures they are entrusted to protect? 

Based on our investigation, it is clear that the Service has experienced a number of challenges in managing the Midway Island 

Refuge, and objective observers can certainly question whether it 

was a mistake to transfer this sacred ground to an agency that is 

far better equipped to maintain birds than visitors. 

It is distressing to learn that the Service does not regularly consult with the International Midway Memorial Foundation, that the 

private company that operated the visitors program left the island 

more than 12 years ago, that a number of historic structures have 

been either destroyed or are marked for demolition, that the refuge 

has been entirely closed to the public for more than 2 years, and 

that, according to the Service, it would cost $1.5 million to operate 

a 6-month visitors program. 

Finally, in July of this year, Congressman John Duncan and I requested that the Government Accountability Office conduct a comprehensive analysis and report to the Congress on the management 

of the financial and historic aspects of the Midway Atoll. I am 

pleased that GAO has accepted our request. I am looking for 

answers from our witnesses today and from GAO in the not-toodistant future. 

[The prepared statement of Mr. Fleming follows:] 

PREPARED STATEMENT OF THE HON. JOHN FLEMING, CHAIRMAN, SUBCOMMITTEE ON

FISHERIES, WILDLIFE, OCEANS AND INSULAR AFFAIRS

Good morning, today we will hear testimony on whether the Fish and Wildlife 

Service is properly managing this unique but isolated refuge which is more than 

1,200 miles northwest of Honolulu, Hawaii. 

As a former naval officer who was stationed in the Pacific, I have a great appreciation and recognition of the fact that the Battle of Midway was a pivotal battle 

in World War II and one of the most decisive naval events in world history. 

Once the fighting stopped, it was clear that the efforts of the Japanese Navy to 

control the Pacific had been halted and they were forced in the words of Admiral 

Samuel Eliot Morison to ‘‘an unexpected, unwelcomed, and defensive role.’’ During 

the battle, 349 Americans, including 49 men on Midway Island, made the ultimate 

sacrifice for the freedoms that we all cherish. 

In 1997, the U.S. Navy transferred title to the Midway Island to the U.S. Fish 

and Wildlife Service (Service) and it was established as a national wildlife refuge. 

The purpose of the refuge was to ‘‘maintain and restore its natural biological diversity; to provide for the conservation and management of fish and wildlife and their 

habitat within the refuge boundaries; and to recognize and maintain the historic significance of Midway Atoll.’’ 

Two years later, the Congress approved and President Clinton signed into law a 

bill that designated the entire Island as the National Memorial to the Battle of 

Midway. Section 116 of Public Law 106–113 stipulates that ‘‘the Secretary shall consult on a regular basis with such organizations, including the International Midway 

Memorial Foundation, on the management of the National Memorial.’’ 

It is now 15 years since the National Memorial has been established and it is appropriate for the Congress to inquire whether the purposes of the refuge and Public 

Law 106–113 are being fulfilled. 

3 

For instance, has the Service consulted with the International Midway Memorial 

Foundation on a regular basis, has the refuge been open to the public, does the refuge have an organized visitors program and has the Service properly maintained 

the various historic structures they are entrusted to protect? 

Based on our investigation, it is clear that the Service has experienced a number 

of challenges in managing the Midway Island refuge and objective observers can certainly question whether it was a mistake to transfer this sacred ground to an agency that is far better equipped to manage birds than visitors. 

It is distressing to learn that the Service does not regularly consult with the 

International Midway Memorial Foundation, that the private company that operated the visitors program left the island more than 12 years ago, that a number 

of historic structures have been either destroyed or are marked for demolition, that 

the refuge has been entirely closed to the public for more than 2 years and that 

according to the Service, it would cost $1.5 million to operate a 6-month visitors 

program. 

Finally, in July of this year, Congressman John Duncan and I requested that the 

Government Accountability Office (GAO) conduct a comprehensive analysis and report to the Congress on the management of the financial and historic aspects of the 

Midway Atoll. I am pleased that GAO has accepted our request. I am looking for 

answers from our witnesses today and from GAO in the not-too-distant future. 

Mr. FLEMING. I am now pleased to recognize the acting Ranking 

Member, Congresswoman Madeleine Bordallo, for any statements 

she would like to make. 

STATEMENT OF THE HON. MADELEINE BORDALLO, A 

REPRESENTATIVE IN CONGRESS FROM GUAM 

Ms. BORDALLO. Thank you very much, Mr. Chairman. 

And I would like to welcome our witnesses this morning. 

The Battle of Midway was a critical turning point for the United 

States in the Pacific theater during World War II. It helped to essentially eliminate the Japanese Navy and is a defining moment in 

our history. 

We owe not only a debt of gratitude, but also a significant measure of our freedom, to the brave sailors, the airmen, soldiers, and 

Marines who fought and died during the Battle of Midway. 

As Guam’s congressional representative and as a ranking 

Democratic Member of the House Armed Services Subcommittee on 

Readiness, I have a keen understanding of the importance of the 

U.S. military history in the Pacific. 

Particularly as we focus our national strategic attention to the 

Asia-Pacific Region, we must not forget the past sacrifices made by 

so many to keep our country safe and free. 

I also have firsthand experience with the Pacific Island National 

Wildlife Refuge that has serious public access issues, the Guam 

National Wildlife Refuge, access to the refuge itself, and to private 

property contained within it has been contentious since its establishment in 1993, as has the conflict between the military activity 

and resource management. 

So I continue to work to resolve some of these issues and protect 

natural resources while accommodating military training and public access. 

I must point out, however, that Guam and Midway are markedly 

different. Although United Airlines has tried its best to link our 

two islands, Guam has a large resident population and an active 

naval base and an Air Force base, while Midway has neither. 

4 

Parts of Guam National Wildlife Refuge are co-managed with the 

Navy, in contrast Midway was fully transferred from the Navy to 

the Department of the Interior in 1996. 

Finally, Midway is part of the Northwest Hawaiian Islands 

Marine National Monument, designated by President George W. 

Bush in 2006. The uniqueness of Midway Atoll makes adoption of 

different management strategies there appropriate and necessary. 

Access to Midway is very expensive and very time-intensive. We 

will hear from some witnesses today that a private company offered 

to operate the refuge for free, but the evidence shows that is historical fiction. 

In a March 2002 interview with the Honolulu Advertiser, the vice 

president of the Midway Phoenix Corporation stated the following—and I quote—′′I feel certain that, strictly from a business 

standpoint, there is no contracting group in the world that is going 

to go out there and do it for free. We certainly couldn’t make it 

work doing it for free.’’ 

He was speaking about Midway Phoenix’s attempt to profit from 

a tourism venture while also managing facilities at the refuge at 

no cost to taxpayers, as its agreement with the Fish and Wildlife 

Service stipulated. 

Midway Phoenix lost $15 million on its investment, and this 

quote is an admission that the company over-promised and underdelivered. The lesson as always: If something sounds too good to be 

true, it probably is. 

Preservation of historic resources is expensive. If we valued it as 

a country, we should pay for it. Unfortunately, the budget for 

Midway Atoll has been cut by 25 percent since 2005. 

Instead of recognizing that fact, Committee Republicans are 

scapegoating a Federal agency that is simply trying to do a big job 

with insufficient resources. 

If any member of this committee is unsatisfied with the management of historic resources at Midway, I invite them, him or her, to 

join me in signing this letter to the Appropriations Committee requesting additional funding to do the job right or we could also see 

fit if United would like to make it a practice for flights from 

Honolulu to Guam to always stop at Midway Island. 

Instead of trying to manufacture and perpetuate controversy, I 

would also like to use this hearing to highlight a problem facing 

Midway Atoll and the entire Pacific Ocean: marine debris. 

All kinds of trash, from derelict fishing nets, to plastic bags, to 

cigarette lighters, are carelessly dumped into our oceans every day 

from all corners of the Earth. And this pollution has severe impacts 

on fish and wildlife resources. 

And we will hear today from Photographer Chris Jordan, who 

has investigated this firsthand on Midway. And I look forward to 

hearing from not only Chris, but the other witnesses as well. 

I thank you, and I yield back, Mr. Chairman. 

Mr. FLEMING. Gentlelady yield backs. 

I now ask unanimous consent that the gentleman from Michigan, 

Mr. Bentivolio, be allowed to sit with the committee and participate 

in the hearing. 

Hearing no objection, so ordered. 

5 

Well, we will now hear from our panel of witnesses, which includes Mr. Kevin Foerster, Regional Refuge Chief, Pacific Region, 

U.S. Fish and Wildlife Service; Mr. Chris Jordan, Chris Jordan 

Photographic Arts; Mike Daak of Hilo, Hawaii; and Dr. James M. 

D’Angelo, Chairman, International Midway Memorial Foundation. 

Your written testimony will appear in full in the hearing record. 

So I ask that you keep your oral statements to 5 minutes, as outlined in our invitation letter to you and under Committee Rule 

4(a). 

Our microphones are not automatic. So please press the button 

when you are ready to begin. 

I also want to explain how our timing lights work. Very simply, 

you have 5 minutes. And a light will remain green until 1 minute 

is left. It will turn yellow. When it turns red, then you have already gone past your 5 minutes; so, please wrap up immediately. 

Mr. Foerster, you are now recognized for 5 minutes to present 

testimony on behalf of the U.S. Fish and Wildlife Service. 

STATEMENT OF KEVIN FOERSTER, REGIONAL CHIEF, 

NATIONAL WILDLIFE REFUGE SYSTEM, PACIFIC REGION, 

U.S. FISH AND WILDLIFE SERVICE 

Mr. FOERSTER. Good morning, Chairman Fleming, Congresswoman Bordallo, and members of the subcommittee. 

I am Kevin Foerster. I am the Regional Chief of the National 

Wildlife Refuge System with the U.S. Fish and Wildlife Service in 

the Pacific Region. I appreciate the opportunity to present the 

Service’s testimony today regarding Midway Atoll National Wildlife 

Refuge and the Battle of Midway National Memorial. 

In the Pacific Region, there are 67 national wildlife refuges 

spread throughout Idaho, Oregon, Washington, Hawaii, and the 

Pacific Islands. The Service also has management responsibilities 

for five national monuments in the Pacific. In 1 year, these refuges 

host nearly 8 million visitors, generate over $320 million for local 

communities, and support almost 5,000 local jobs. 

Midway Atoll contains only 1,500 acres and it lies 1,300 miles 

from Honolulu. Although it is small and remote, Midway is a very 

vitally important place. It is a national memorial created to honor 

and remember the historic events that happened there during 

World War II. The atoll provides essential habitat for a host of fish, 

wildlife, and plants. 

In addition to its designation as a refuge and a memorial, it is 

also part of the Papaha ̄naumokua ̄kea Marine National Monument, 

which is a UNESCO World Heritage Site. It also serves as an 

emergency landing site designated by the FAA for the nearly 

35,000 jet aircraft transiting the Pacific Ocean each year. 

Biologically, Midway is special. More than 3.5 million birds call 

Midway home. This includes about 70 percent of the world’s population of Laysan albatross, the largest population of these grand 

birds on Earth. 

The atoll is also home to many endangered species, 24 native 

plant species, and a host of marine mammals, fish and invertebrates. The purpose of the refuge is to ensure ecological integrity 

and achieve strong, long-term protection for native resources as 

well as our cultural heritage. 

6 

The Service takes our role as trustee for this historic atoll seriously. We are committed to honoring America’s veterans by commemorating their bravery and sacrifice by interpreting the history 

for the public. 

We are also dedicated to conserving America’s wildlife heritage 

through stewardship of Midway’s natural resources. We work to 

strive a balance to achieve the purposes for which the refuge and 

memorial were designated. 

Flat and declining budgets, increasing costs, reduced staff, and 

public safety concerns have caused the Service to suspend visitor 

services programs at Midway. We did not come to that decision 

lightly. Midway is a national memorial and a monument to those 

who served during the pivotal Battle of Midway. 

But unlike the bronze and marble monuments here in our 

Nation’s Capital, Midway’s concrete and wood structures weren’t 

built to withstand the ravages of the saltwater tropical 

environment. 

As an example, we recently put $1.6 million into renovating the 

Charlie Barracks to preserve it to make it usable for visitors and 

staff. Now we are finding that other aspects of the concrete building require substantial repairs before the barracks can be safely 

used. 

When the military was active on Midway, the facility supported 

more than 5,000 people. Only 40 people currently live on Midway, 

but a significant amount of military infrastructure remains. 

Midway’s story is more than buildings. It is the courage and sacrifice of our veterans. We have worked with a variety of partners 

and stakeholders to safeguard the history of Midway Atoll, and 

now we are looking to the future. 

We intend to open the island to visitors when capacity again becomes available. Until then, we are looking at partnerships and opportunities to bring the Battle of Midway and the story of Midway 

Atoll to many more Americans than would be able to visit the atoll 

even with the restored visitor services program. 

Our new refuge manager out on Midway, Daniel Clark, is also 

a captain in the U.S. Coast Guard Reserve. Refuge Manager Clark 

has been tasked to lead meaningful and frequent collaboration and 

communication with the International Midway Memorial 

Foundation. He and his staff have collaborated with other veterans 

organizations, such as the American Battle Monuments 

Commission. 

We are committed to working with the IMMF and other partners 

like the Commission to honor the men and women who have served 

during the Battle of Midway and at Midway Atoll. We view our role 

as trustee as one of utmost importance. We will continue to work 

diligently to balance the natural resource stewardship needs of the 

refuge while honoring our responsibility as custodians of the Battle 

of Midway National Memorial. 

Mr. Chairman, we appreciate your interest in this issue, and we 

look forward to working with the subcommittee, IMMF, and the 

parties interested in Midway Atoll. 

Thank you for the opportunity to speak today. 

[The prepared statement of Mr. Foerster follows:] 

7 

PREPARED STATEMENT OF KEVIN FOERSTER, REGIONAL CHIEF, PACIFIC REGION, 

NATIONAL WILDLIFE REFUGE SYSTEM, U.S. FISH AND WILDLIFE SERVICE, 

DEPARTMENT OF THE INTERIOR

Good afternoon Chairman Fleming, Ranking Member Sablan, and members of the 

subcommittee, I am Kevin Foerster, Regional Chief for the National Wildlife Refuge 

System in the U.S. Fish and Wildlife Service’s Pacific Region within the Department 

of the Interior. I appreciate the opportunity to testify before you today regarding the 

Midway Atoll National Wildlife Refuge (Refuge) and Battle of Midway National 

Memorial (Memorial). Funding, conservation, staffing, and safety challenges have 

caused the Service to suspend visitor services at the Refuge, which also affects the 

public’s ability to experience the Memorial. The Service is working to restore those 

visitor services, despite the challenges we face. We look forward to discussing them 

with you today. 

NATIONAL WILDLIFE REFUGE SYSTEM

The National Wildlife Refuge System (Refuge System) is the world’s premiere network of public lands devoted solely to the conservation of wildlife and habitat. The 

Refuge System encompasses over 150 million acres of land and water and preserves 

a diverse array of land, wetland, and ocean ecosystems. The Refuge System offers 

about 47 million visitors per year the opportunity to fish, hunt, observe and photograph wildlife, as well as learn about nature through environmental education and 

interpretation. These visitors make refuges an important economic driver for local 

communities, generating nearly $2.4 billion each year. Investing in the Refuge 

System is a sound use of taxpayer dollars as each dollar appropriated for the Refuge 

System returns nearly $5 in economic benefits. Refuges also provide local communities with other valuable ecosystem services, such as improved water quality, increased property values, and access to quality wildlife-dependent recreation. 

In the Pacific Region, there are 67 national wildlife refuges and 5 national monuments located in Hawaii, Guam, American Samoa, the Northern Mariana Islands, 

Idaho, Oregon, and Washington. These refuges encompass wetlands, estuaries, 

grasslands, nesting seabird colonies, forests, remote atolls with extensive coral reef 

ecosystems, high mountain deserts and all of the variations in between. In the 2013 

Banking on Nature Report, a report on the economic benefits of national wildlife refuge visitation to local communities, the Service estimates that nearly 8 million people visited refuges in the Pacific Region, generating over $320 million for and 

supporting almost 5,000 jobs in local communities. 

However the Refuge System, with all its benefits, is facing ever increasing pressures and difficulties. Populations are growing rapidly, the amount of undeveloped 

land is declining, the economic environment is challenging, and we are faced with 

conservation crises on several fronts. As a result of the Budget Control Act of 2011, 

the Refuge System saw flat and declining budgets for 3 consecutive years, and we 

have had to make tough decisions and set priorities within the funding available. 

In the Pacific Region, this has led to the reduction of capacity and staff positions. 

The Service is prioritizing capacity and staff where we can provide the most benefit 

for wildlife and the most opportunity for public use. Across the Refuge System in 

the Pacific Region, the Service is working to balance its mission, as directed by 

Congress, to protect America’s natural resources, while also providing opportunities 

for public use, when compatible with the purpose for which the Refuge was 

established. 

MIDWAY ATOLL NATIONAL WILDLIFE REFUGE AND BATTLE OF MIDWAY NATIONAL

MEMORIAL

Of the refuges and within the monuments in the Pacific Region, Midway Atoll 

National Wildlife Refuge (Refuge) and Battle of Midway National Memorial is one 

of the most unique. It provides vitally important habitat for a host of species and 

it represents a singular confluence of natural, historical, and cultural significance 

in the Pacific Ocean Basin. In addition to Midway Atoll’s designation as a Refuge 

and a National Memorial, it is a part of the Papaha ̄naumokua ̄kea Marine National 

Monument, an UNESCO World Heritage Site. Midway Atoll’s unique natural resources include support to at least 21 species of seabirds totaling more than 

3.5 million individuals. It is the site of the largest annual congregation of nesting 

albatrosses in the world, with more than 1 million individuals of three different species depending on the atoll each year. An estimated 70 percent of the world’s population of Laysan albatross nests on Midway Atoll annually—more than anywhere 

else on earth. In addition to the birds, the nearly 1,500 acres of terrestrial habitat 

host 24 important native plant species, and the federally endangered Laysan duck 

8 

and short-tailed albatross. The 580,000 acres of marine habitat provide homes to a 

resident population of spinner dolphins, the federally endangered Hawaiian monk 

sea, and more than 250 species of reef fish and invertebrates, with some of the highest level of reef fish endemism rates recorded in the world. 

Henderson Field on Midway Atoll is also a Federal Aviation Administration designated Extended Twin-Engine Operations Site providing an emergency landing site 

cooperatively operated by the Service and Federal Aviation Administration (FAA) 

for nearly 35,000 jet aircraft transiting the Pacific Ocean. 

The lands and waters of the Refuge were designated the Battle of Midway 

National Memorial on September 13, 2000—the first national memorial to be designated on a National Wildlife Refuge. The Service takes our role as trustee for this 

historic atoll seriously, honoring the sacrifice and courage of our veterans and conserving America’s natural heritage. 

In 1942, during World War II, the Japanese forces sought to expand their zone 

of defense in the Pacific. Their plan was to establish a diversionary attack of the 

Aleutians in Alaska, thereby forcing U.S. carriers to race to their rescue. The 

Japanese carriers could intercept and destroy them at sea, moving on to the primary 

goal of securing Midway Atoll and using it as a strategic point to take on and defeat 

the United States. However, the Americans were able to break Japanese naval code 

and anticipated the attack. Between the 4th and 6th of June, 1942, U.S. forces successfully defended Midway Atoll—sinking four Japanese aircraft carriers, effectively 

eliminating the Imperial Navy, and changing the course of the War in the Pacific. 

Midway Atoll became an ‘‘overlay’’ national wildlife refuge in 1988, while still 

under the primary jurisdiction of the U.S. Navy. With the closure of Naval Air 

Facility Midway Island in 1993, there began a transition in mission at Midway from 

national defense to wildlife conservation. Administration of Midway Atoll was transferred from the Navy to the Department of the Interior on October 31, 1996. 

Midway Atoll is best known for its pivotal role in World War II, but its historic 

significance dates back well over a century. In 1903, the Commercial Pacific Cable 

Company constructed five concrete and steel structures that housed a community 

of over 30 people on this remote island in the Pacific. The first around-the-world 

telegram, which was issued by President Theodore Roosevelt on July 4, 1903, went 

through the Cable Station at Midway Atoll. Midway Atoll was also a landing site 

for Pan Am Clippers traveling across the Pacific Ocean in the late 1930s and today 

it functions as an emergency landing facility for twin-engine jet airplanes traveling 

across the Pacific. As recently as July 2014, a United Airlines Boeing 777 made an 

emergency landing at Midway Atoll with 352 passengers onboard. 

The lives of wildlife and human residents are inexorably intertwined on Midway 

Atoll. It is, in many respects, a little city, with all the structures, utilities, and types 

of equipment that are needed to function in support of the resident human community to perform the Refuge’s mission. At one time, the facilities at Midway supported 

more than 5,000 people. While the current resident population is approximately 40, 

a significant amount of the infrastructure existing upon the transfer from the Navy 

to the Service remains in place. The Service works to balance stewardship of the 

natural resources of the Refuge, commemoration of the historic significance of the 

Memorial, and cooperative partnerships for the preservation of both to achieve the 

purposes for which the Refuge and Memorial were designated. 

CHALLENGES AT MIDWAY ATOLL NATIONAL WILDLIFE REFUGE AND BATTLE OF MIDWAY

NATIONAL MEMORIAL

Since 2005, the budget at the Midway Atoll National Wildlife Refuge and Battle 

of Midway National Memorial has been reduced by almost $1.5 million. Last fiscal 

year, the operating budget for the refuge was $3,692,155, which includes salaries 

for five full-time Service employees, four of whom reside on Midway Atoll. The budget reduction resulted in the loss of several Service positions, including the permanent Wildlife Biologist, Park Ranger, and Law Enforcement Officer. The loss of 

these positions has affected the Service’s ability to provide the visitor services program at the Refuge and this program was temporarily suspended in November 

2013. In the 5 years prior to suspending the program, Midway Atoll National 

Wildlife Refuge welcomed on average, a little over 300 visitors annually. Despite the 

budget reductions, the Service has invested in the facilities on the Refuge, such as 

maintenance and minor repair of 109 individual facilities. The Service intends to restore the suspended visitor services program once funding allows the operation of 

a safe and sustainable program that is appropriate and compatible, pursuant to 

Service policy and the Refuge Improvement Act in accordance with the purposes for 

which the Refuge and Memorial were established. 

9 

Management is challenging on a Refuge where the scarce land is subject to wind, 

water, and changing sea levels. More than 1,000 miles from the nearest population 

center in the main Hawaiian Islands, operation of this remote Refuge requires overcoming unique challenges. For example, although the Service purchases local goods 

and services found in the main Hawaiian Islands, a good portion of food and project 

supplies inevitably must be transported from the continental United States to 

Hawaii and then to the Refuge. Due to the remoteness of the station, all items needed on the Refuge must be shipped long distance by air or by boat. The transportation cost is in addition to the cost of normal goods and projects, making them 

ultimately much more expensive than those on continental United States. Many 

projects, especially building restoration, require site visits by a potential vendor, engineering firm, or a contracting officer. A single barge transporting large quantities 

of materials or equipment to Midway Atoll can cost approximately $760,000 per trip. 

Due to its remote location, the costly travel required to reach the Refuge, and the 

limited lodging facilities available, running a visitor services program is capacity intensive. Refuge and supporting staff stationed on the atoll are minimal for operations. To ensure the safety of visitors and a quality visitation experience, the 

Service would need to increase existing capacity. The Service intends to reopen visitor services at Midway Atoll when budgets allow for an increase in existing 

capacity. 

The Service has worked to maintain many of the existing historic buildings on the 

Refuge. For example, nine officers’ houses that were built in 1941 were rehabilitated 

and restored. Unfortunately, some of the buildings that the Service inherited have 

deteriorated, which can present hazards for both wildlife and people. Midway Atoll’s 

harsh conditions (salt air, high winds, and unconsolidated substrate, etc.) cause 

buildings to deteriorate much faster than many comparative structures in the continental United States. In addition, many buildings were constructed and finished 

with lead-based paint and coral sand, and brackish water leading to corroding of 

the porous concrete that has not withstood the test of time. 

Failing buildings and ingestion of the flaking lead paint from these buildings can 

harm wildlife and people. Lead poisoning has caused the mortality of approximately 

10,000 albatross chicks annually, creating a conservation crisis. Beginning in 2011 

and each year since, the Service has received funding from the Department of the 

Interior to remove lead contamination from soils where it was being ingested by albatross chicks and to take long-term action to remove the lead-based paint hazards 

on the Refuge from the highest priority areas. Those were identified as the Cable 

Station compound and the Industrial Complex. Among the four remaining Cable 

Station buildings that were shedding lead paint into the surrounding soil, three 

were removed because they were too old, deteriorated, and dangerous to stabilize 

and maintain. At the remaining Cable Station building, the Mess Hall, the Service 

installed a new roof, cleaned and encapsulated lead paint, and stabilized the 

structure. The Service has preserved the Cable Station Mess Hall as an example 

of unique architecture and early history of Midway Atoll but it too has deteriorated 

at a rate and to a state that is not sustainable for restoration in the long term. All 

the Cable Station work was done in compliance with the National Historic 

Preservation Act and in consultation with the Hawaii State Historic Preservation 

Division and the Historic Hawaii Foundation. Both the Hawaiian State Historic and 

Preservation Division and Historic Hawaiian Foundation have been consulted on the 

preservation of historic resources. 

Current Refuge Manager Dan Clark is a Captain in the U.S. Coast Guard Reserve 

and has served in the active duty and reserve armed forces for over 33 years. The 

Service formally recognizes the Battle of Midway every year ceremoniously and honors the sacrifice of those who gave all for our freedom. Mr. Clark has reached out 

to the International Midway Memorial Foundation (IMMF) since assuming his duties as refuge manager in December 2013 and he and his staff have partnered with 

other veterans’ organizations and agencies such as the American Battle Memorial 

Commission (ABMC) to perpetuate the historical significance of the Refuge and 

Memorial. Currently, the Service, working with the ABMC, is installing a new 

monument in honor of the Battle of Midway and the role of submariners in WWII. 

The Service will continue to work with the IMMF and other partners to honor the 

men and women who served during the Battle of Midway and at Midway Atoll. The 

Service looks forward to once again hosting the public on-site once the visitor services program can be restored. 

CONCLUSION

The Service takes our role as trustee for this historic atoll very seriously. We will 

continue to work diligently to balance the natural resource stewardship needs of the 

10 

Refuge while honoring our responsibility as custodians of the Battle of Midway 

National Memorial. Mr. Chairman, we appreciate your interest in this issue. We 

look forward to working with the subcommittee. 

Thank you for the opportunity to testify before you today. 

Mr. FLEMING. OK. Thank you, Mr. Foerster. 

Mr. Jordan, you are now recognized for 5 minutes. 

STATEMENT OF CHRIS JORDAN, CHRIS JORDAN 

PHOTOGRAPHIC ARTS 

Mr. JORDAN. Thank you, Chairman Fleming, Ranking Member 

Bordallo, and esteemed committee members. 

My name is Chris Jordan. I am a photographic artist from 

Seattle, and I have had the privilege of visiting Midway eight times 

over the last few years, where I am working on a film and a photographic series that is about the albatross that live out there. 

And I am proud to tell you that my short film trailer, that I hope 

you will get to see, has been viewed by more than 15 million people 

in 154 countries all over the world. 

I first went to Midway to photograph the tragedy of the birds 

whose bodies are filled up with plastic. And there is nowhere else 

on the globe where the troubling problem of ocean plastic pollution 

and marine debris is so viscerally evident than it is on Midway 

Island. 

But I discovered early on that the plastic problem is just one 

small piece of Midway’s remarkable story. In addition to its rich 

human history, this is one of the very few wildlife habitats on 

Earth where there has never been a natural predator. 

Consequently, the birds on Midway have no fear of humans. The 

albatrosses, petrels, fairy terns, and other birds don’t fly away 

when you walk up near them like they do everywhere else on our 

planet. Albatrosses are big and magnificent as eagles. 

Imagine walking out into a field of 400,000 of them and sitting 

down amongst them and having crowds of them come up to say 

hello and nibble on your sleeves. It is like being in a magical fairyland from a childhood dream, and it is transformational to everybody who gets to visit Midway. 

Midway is truly unique, and I am super stoked that it is held 

in American hands. We can honor it in our own way as one of the 

richest and most amazing wildlife habitats on Earth, to be held and 

protected with our deepest love and reverence. 

It feels important to recognize that this island was the home of 

these creatures long before it was named Midway, before words 

even existed, before the first humans walked the Earth. For 

4 million years, the magnificent albatrosses have been dancing 

their dances and hatching their babies on this remote patch of sand 

in the heart of the world’s greatest ocean. 

During my project, I have become closely acquainted with the 

U.S. Fish and Wildlife Service biologists who run the island, and 

they have shared with me many of the issues and challenges that 

they face as Midway’s stewards. I found them to be smart and capable people who taught me so much about the islands, its human 

history, including the Battle of Midway, and its history as a military base turned refuge. 

11 

But, foremost, they taught me about the delicate ecosystem and 

the special skills and care that are needed to ensure the safety of 

the fragile home of more than 3 million birds. I saw how they manage with an eye toward preserving and expanding the habitat of 

the albatrosses, petrels, frigatebirds, fairy terns, the endangered 

turtles, monk seals, manta rays, and countless other creatures. 

A major part of their work is aimed at minimizing the human 

footprint by controlling invasive plants that entangle or suffocate 

birds and removing nonnative trees that snag and hang albatrosses 

as they try to fly. 

I have watched them tackle challenging projects to remove the 

dangerous and rickety old buildings that leech lead into the soils 

and emit asbestos dust into the air while, at the same time, working to preserve the buildings that have historical and architectural 

value. 

I have witnessed the Fish and Wildlife Service slowly shape 

Midway into a one-of-a-kind living monument. New grass grows up 

through the old, unused runways, and where there were once roads 

and concrete foundations and crumbling fuel tanks, now there are 

baby albatrosses in their nests on the newly restored sand. 

What more beautiful and effective monument could there be to 

the successful outcome of a world war than a perpetual sanctuary 

of life in the very location where one of its greatest battles took 

place? 

I believe Midway is best served by having Fish and Wildlife continue managing the island with adequate funding to bring back a 

limited visitor program. I believe people should be able to visit 

Midway, but only under strictly controlled conditions that are not 

decided in the context of a for-profit business. 

Midway is not a place for jet skis and sunbathers and sports fishing boats. It is one of the most special places on our planet. It is 

one spot on the globe where the first priority should be the protection and the safety of the wild creatures that make this remote island their home. 

I think Fish and Wildlife Service is doing a terrific job as 

Midway’s steward. I hope they receive the funding and the support 

to keep right on doing what they are doing. 

Thank you. 

[The prepared statement of Mr. Jordan follows:] 

PREPARED STATEMENT OF CHRIS JORDAN, PHOTOGRAPHIC ARTIST

Dear members of the Subcommittee on Fisheries, Wildlife, Oceans and Insular 

Affairs, my name is Chris Jordan, and I am a photographic artist from Seattle. I 

have presented my work at schools, universities, conferences and gatherings around 

the globe, and my images are published and exhibited worldwide. 

I have had the privilege of visiting Midway Atoll National Wildlife Refuge eight 

times over the last few years, as I worked on an intensive photographing and filming project about the albatrosses that live on the island. 

My film is not yet finished, but my 4-minute trailer has reached more than 

15 million people in 154 countries around the world. My photographs of albatrosses 

filled with plastic have reached a global audience of hundreds of millions of viewers. 

I first went to Midway to photograph the tragedy of the birds filled with plastic. 

Nowhere else is the global crisis of ocean plastic pollution more powerfully evident 

than on Midway. Unfortunately there is nothing that can be done on a local level 

to solve this tragedy. The parent albatrosses range over the entire Pacific in search 

of food for their babies, and it is impossible to clean up such a giant body of water. 

And even if it could be cleaned up, plastic continues to pour in from our polluted 

12 

rivers, and it is also dumped overboard from boats of all kinds. In this way, the 

dead birds on Midway serve as a powerful symbol, like the Earth’s alarm system 

going off, an urgent call for humans to change our consumptive behavior. 

But I discovered early on that the plastic issue is just one small piece of Midway’s 

remarkable story. This is one of the very few wildlife habitats on the planet where 

there has never been a natural predator. Consequently, the birds on Midway have 

no fear of humans. The albatrosses, petrels, fairy terns, and other birds, do not fly 

away from us like they do everywhere else. Albatrosses are as big and magnificent 

as eagles; imagine walking out into a field of 400,000 of them, and sitting down 

amongst them, and having crowds of them come up to say hello and nibble on your 

sleeves. It is like being in a magical fairyland from a childhood dream. This experience is transformational to everyone who visits Midway. 

The only other places in the world where this happens is Antarctica, and the 

Galapagos Islands. The penguins in Antarctica are protected by the icy remoteness 

of the place, and the Galapagos have been ruined by tourism. My friends who have 

been there lately say that you get herded down walkways in groups, where you get 

to look at the animals briefly before being herded to the next point. Midway is truly 

unique, and I am super stoked that it is held in American hands. We can honor 

it in our own way, as one of the richest and most amazing wildlife habitats on 

Earth, to be held and protected with our deepest love and reverence. 

It feels important to recognize that this island was the home of these creatures 

long before it was named Midway, before words even existed, before the first humans walked the Earth. For 4 million years the magnificent albatrosses have been 

dancing their dances and hatching their babies on this remote patch of sand in the 

heart of the world’s greatest ocean. 

During my project I have become closely acquainted with the U.S. Fish & Wildlife 

Service biologists who run the island, and they have shared with me many of the 

issues and challenges they face as Midway’s stewards. 

They are smart and capable people who taught me so much about the islands, 

it’s human history—including the Battle of Midway, and it’s history as a military 

base turned refuge. But foremost they taught me about the delicate ecosystem and 

the special care needed to ensure the safety of the fragile home of more than 

3 million birds. I saw how they manage everything with an eye toward preserving 

and expanding the habitat of the albatrosses, petrels, frigate birds, fairy terns, the 

endangered turtles, monk seals, manta rays, and countless other creatures. Their 

work is aimed at preserving life and its diversity, minimizing the human footprint 

by controlling invasive plants that entangle or suffocate nesting birds; and removing 

invasive trees that snag and hang albatrosses as they try to fly. I have seen FWS 

tackle challenging projects to remove the dangerous and rickety old military buildings that leach lead into the soils and emit asbestos dust into the air. 

I have watched FWS slowly shape Midway into a one-of-a-kind living monument. 

New grass grows up through the old unused runways, and where there were once 

roads and concrete foundations and crumbling fuel tanks, now there are baby 

albatrosses in their nests on the newly restored sand. What more beautiful and effective monument could there be to the outcome of a world war, than a perpetual 

sanctuary of life in the very location where one of its greatest battles took place? 

I believe Midway is best served by having FWS continue managing the island, 

with adequate funding for a limited visitor program. I believe people should be able 

to visit Midway, but only under strictly controlled conditions that are not decided 

in the context of a for-profit business. 

Midway is not a place for jet skis and sunbathers and sports fishing boats. It is 

one of the most special places on our planet. It is one spot on the globe where the 

first priority should be the protection and safety of the wild creatures that make 

this remote island their home. 

Thank you. 

Mr. FLEMING. Thank you, Mr. Jordan. 

Mr. Daak, you have spent 12 years living on Midway as a Navy 

contractor, an employee of the Midway Phoenix Corporation who 

operated the visitors program from 1996 until 2002. You are now 

recognized for 5 minutes. 

13 

STATEMENT OF MIKE DAAK, HILO, HAWAII 

Mr. DAAK. Good morning, Chairman Fleming and members of 

the House Subcommittee on Fisheries, Wildlife, Oceans, and 

Insular Affairs. 

I am Mike Daak. I lived on Midway for about 12 years, first as 

a Navy contractor and then as an employee of Midway Phoenix 

Corporation, serving as the communications department manager. 

I am here representing myself as a concerned witness and for 

many veterans who battled for Midway and protected our land, 

some stationed there, some born there, and many who live there. 

In 1996, the Fish and Wildlife Service entered into a cooperative 

agreement with Midway Phoenix Corporation. The Wildlife Service 

agreed to manage wildlife issues, while Midway Phoenix agreed to 

maintain buildings, structures, facilities, vehicles on the island, as 

well as the entire airport at no cost to the American taxpayer. 

In turn, Midway Phoenix would earn the opportunity to profit 

from a visitor program and from the sale of fuel to ships and 

planes. 

On paper, the cooperative agreement was followed. In practice, 

the spirit of the cooperative agreement failed miserably. With the 

passage of time, the Wildlife Service made increasing restrictions 

for visitors and residents. Added restrictions are listed in my written testimony. 

The cooperative agreement ended on May 1, 2002. The agreement did not fail financially. It failed due to a lack of cooperation 

from the Wildlife Service, who was seemingly not interested in 

hosting visitors. It failed due to not having an appointed moderator 

to resolve disagreements between Fish and Wildlife and Midway 

Phoenix. 

The visitor program was operated by the Wildlife Service since 

2002. They have charged as high as $7,000 per seat on their chartered plane. Since Midway Phoenix departed from the island, the 

visitor program has remained closed for 8 of 12 years. 

After the Wildlife Service spent more than $200,000 for a feasibility study to determine if a visitor program would work at 

Midway, they ignored the results and did not appoint an alternate 

cooperator, as they said they were going to do. 

If you fly your plane to Midway, you will be denied permission 

to land, even if you are in a military plane on a military mission. 

If you sail your sailboat to Midway, you will be declined permission 

to enter the harbor. 

Regarding island stewardship and historic significance, for anyone who has viewed recent pictures of the island, the photos speak 

for themselves. Six historic buildings were demolished so far without required input from the general public. 

The Wildlife Service stated they have $160 million maintenance 

backlog. We believe this money is for additional demolition. The 

Wildlife Service stated they will only be maintaining buildings that 

they can use, regardless of their historic significance. 

The Wildlife Service demolition plan includes the fuel farm, 

which was the main profit center and crucial for an affordable visitor program. The Wildlife Service deselected nine major buildings 

from their maintenance program. They are listed in my written tesVerDate Mar 15 2010 10:35 Jul 20, 2015 Jkt 000000 PO 00000 Frm 00017 Fmt 6633 Sfmt 6602 J:\02 FISHERIES, WILDLIFE\02NO20 2ND SESS. PRINTING\91523.TXT.TXT DARLEN
14 

timony. Buildings are being demolished that could be used to support an affordable visitor program. 

Over the past 12 years, the Wildlife Service has spent millions 

upon millions to maintain the island. This money was spent for 

services they were getting for free from Midway Phoenix. Buildings 

that were once used to support a visitor program are now abandoned. Some have referred to this as demolition by neglect. Buildings are first abandoned, later deemed as unsafe, then become 

eligible for demolition. 

The Wildlife Service claimed they had no need for an airport at 

their refuge. This required the FAA to station five full-time 

employees to keep the airport open. Meanwhile, the Wildlife 

Service remains the primary user of the airfield. 

My recommendations: Midway does not need more millions of 

taxpayer dollars for more of the same. Midway needs limited enterprise to enable the island to be self-sustaining. The refuge manager 

stated he had a list of cooperators as long as his arm who were 

ready to take the place of Midway Phoenix. Where are they? 

A new cooperative agreement should be appointed to operate an 

affordable visitor program. A new agreement would work if it were 

moderated by any of the following entities: the U.S. Coast Guard, 

the National Park Service, the U.S. Navy, the FAA, the 

International Midway Memorial Foundation. 

Last, I recommend Midway be reverted to an overlay refuge, as 

it was when the Navy was there. I recommend the Fish and 

Wildlife Service manage wildlife and nothing else. 

Mr. FLEMING. Is that the conclusion? 

Mr. DAAK. Yes. 

[The prepared statement of Mr. Daak follows:] 

PREPARED STATEMENT OF MIKE DAAK, 12-YEAR RESIDENT OF MIDWAY ISLAND

My name is Mike Daak. I am here representing myself, as a concerned witness, 

and for veterans who battled for Midway and protected our land—some stationed 

there, some born there and many who lived there. 

I lived on Midway for about 12 years, first as a Navy Contractor, for about 

6 years, then for another 6 years as an employee of Midway Phoenix Corporation. 

As an employee of Midway Phoenix, I held the title of Communications Department 

Manager. I maintain a Web site dedicated to Midway Island, at http://www.midwayisland.com/. I also produced the video, ‘‘Midway Island—A Battle Lost to the U.S. 

Fish and Wildlife Service’’. This 22-minute video can be viewed on-line at: http:// 

vimeo.com/80519456. 

BACKGROUND

6/4/1999, Naval Administrative Message—http://www.history.navy.mil/ 

commemorations/midway/midway-1b.htm 

Navy Admiral Jay L. Johnson—‘‘After considerable deliberation, it is apparent 

that the two most significant dates in our Naval history are 13 October 1775, the 

birth of our Navy, and 4 June 1942, the Battle of Midway.. . . These two prominent 

days will henceforth be celebrated annually as the centerpieces of our heritage.’’ 

In 1996, administration of the atoll was transferred from the Navy to the Fish 

and Wildlife Service (FWS) through an Executive Order, which also established the 

Midway Atoll National Wildlife Refuge. The Executive Order stated that FWS ‘‘shall 

recognize and maintain the historic significance of the Midway Islands consistent 

with the policy stated in Executive Order 11593 of 1971.’’ Since 1996, it has become 

apparent that the FWS has mostly fixated on wildlife only issues. 

In 2006, President George W. Bush designated Midway as a Northwestern 

Hawaiian Islands Marine National Monument. In 2009 it was later renamed as the 

Papaha ̄naumokua ̄kea Marine National Monument. Midway is also a Battle of 

15 

Midway National Memorial. Recently, the island was inscribed as part of a larger 

UNESCO World Heritage Site. 

Midway has been called the ‘door’, ‘the window’ and the ‘hub’ of the Monument. 

However, the door is being kept closed by the FWS to all visitors—to all taxpayers 

who financially support the island. Over the course of a year, approximately 150 

people had visited the island, when their Visitor Program was open generally in 

groups of 10 or 15 at a time. FWS has charged as much as $7,000 per seat for the 

trip to Midway. Often, visitors were expected to pull weeds or do other work duties 

while on-island. 

FWS PURPOSE ON MIDWAY—IN THEIR OWN WORDS

‘‘The purposes of the refuge are to maintain and restore natural biological diversity within the refuge; provide for the conservation and management of fish and 

wildlife and their habitats within the refuge; fulfill the international treaty obligations of the United States with respect to fish and wildlife; provide opportunities 

for scientific research, environmental education and compatible wildlife dependent 

recreational activities; and, in a manner compatible with refuge purposes, recognize 

and maintain Midway’s historic significance.. . . It also serves as the ‘window to the 

Monument,’ the only site open to public visitation.’’ 

COOPERATIVE AGREEMENT

The FWS was never expected to be capable of managing all the facilities of the 

entire island. Midway includes everything you’d find in a small city. There are more 

than 555 Wildlife Refuges across our Nation, but none include an airport, a hotel 

a restaurant, a store, a bar, a water treatment plant, a fuel farm, a sport fishing 

operation, a diving operation, an airline service or a tourist program. 

FWS had intended to farm out those type services to a third party—thus was born 

the Cooperative Agreement. In addition, a Refuge Manager once told me that it was 

illegal for FWS to earn a profit. The plan was for one Cooperator to run all nonwildlife functions of the island, in trade earning potential profits from all profit 

sources on Midway. Wildlife Refuges should only manage wildlife issues since that 

is what they are best at doing. Profit margins are alien to the FWS. 

The Cooperative Agreement was a first of its kind, intended to outline the duties 

of FWS and their chosen Cooperative Contractor. The Agreement was intended to 

be a ‘living document’; changes were expected to be made with the passage of time. 

In 1996, FWS entered into a Cooperative Agreement with the Midway Phoenix 

Corporation (MPC) for the operation of a Visitor Program at Midway. On paper, the 

Cooperative Agreement was being followed. In practice, the spirit of the Cooperative 

Agreement began to fail miserably, especially toward the very end of its 6-year 

term. 

After MPC signed the Cooperative Agreement, they invested approximately $15 

million of their own money toward improvements in preparation for hosting the new 

visitor program. 

MPC PAID FOR THE FOLLOWING BUILDINGS/STRUCTURES/EQUIPMENT, WITHOUT

TAXPAYER MONEY

• Converted military barracks to hotel room standards 

• New Clipper House restaurant on the beach 

• New Captain Brooks beach bar 

• Stationed two on-island aircraft for visitor and resident transport 

• Purchased a ship for logistical support of the island 

• New Sewage Treatment Plant 

• Chartered semi-weekly flights of an Aloha Airlines jet 

• New Bottled Water facility 

• New Hydroponics facility 

• New Garden, to provide fresh produce for the island 

• The island’s first Cellular Phone System 

• New Harbor Office building 

• New Sport Fishing building 

• New Sport Diving building 

• Purchased two 35-foot Fishing Boats and two smaller Fishing Boats 

• Purchased a 48′ Diving Boat 

16 

The Cooperative Agreement authorized 100 visitors per week to the island. 

Midway has natural and historic resources that enable the island to be selfsustaining, via a properly managed Visitor Program. MPC operated the Visitor 

Program at near no cost to the American Taxpayer. The Visitor Program included 

Historical Tours, Wildlife Tours, Sport Diving and catch & release Sport Fishing 

Trips. The Cooperative Agreement was intended to allow FWS to focus on wildlife 

issues, while allowing MPC to focus on the Visitor Program so the island could pay 

its own way. 

NEW RESTRICTIONS BY FWS

With the passage of time, FWS placed more and more restrictions on visitors and 

residents. 

Additional Restrictions 

• Requested MPC to stop mowing of grass in housing and populated areas. 

• Added signs to further restrict the movement of people. 

• Large sections of the island became off-limits with sightings of seals, turtles 

and birds. 

• Terminated permission for use of kayaks from all shorelines, stating that the 

oars might hit a turtle. 

• Terminated permission for use of small recreational sailboats, for all waters 

around the entire island. 

• Terminated permission for use of wind surfing equipment. 

• Tried to restrict MPC from using the word ‘Island’ on items sold in the gift 

store and insisted the word ‘Atoll’ be added in its place. 

• Added new restrictions for residents, regarding the catching of fish, lobster 

and for scuba diving. 

FWS elected to kill all Ironwood trees on Eastern and Sand Island via their 7- 

year Tree Removal Plan. ALL trees were killed on Eastern Island—the island was 

totally flattened. Dead trees were left standing, which snared and killed many 

Albatrosses. FWS paused with their tree-killing program on Sand Island, after hearing public complaints. The Ironwood trees were considered non-indigenous. As info, 

Ironwood trees are found on most inhabited Pacific islands, their seeds floating on 

top the ocean. 

END OF COOPERATIVE AGREEMENT WITH MPC—MAY 1, 2002

The Cooperative Agreement did not fail financially. It failed due to a lack of 

cooperation from the FWS who seemingly was not interested in hosting visitors. 

It failed due to not having an appointed moderator to resolve disagreements 

between FWS and MPC. 

March 31, 2002, The New York Times, by John H. Cushman Jr.—http:// 

www.nytimes.com/2002/03/31/travel/travel-adivsory-correspondent-s-report-tourismventure-ends-midway-atoll-refuge.html 

‘‘Barbara Maxfield, a spokeswoman for the Interior Department, said it had not 

been satisfied with the company’s performance in maintaining the refuge’s property, 

ensuring the safety of tourists, and protecting the frail resources of the atoll. By 

law, the wildlife agency’s main objective in managing its reserves is conservation.’’ 

February 4, 2002, Honolulu Star Bulletin, by Mitch Stacy, Associated 

Press—http://archives.starbulletin.com/2002/02/04/news/story5.html 

Bob Tracey, Midway Phoenix Corporation—‘‘Midway Phoenix has lost at least 

$15 million on the island, Tracey said. Strict Fish and Wildlife Service restrictions 

on where visitors can go and what they are allowed to do have made it difficult to 

operate as advertised, he said. ‘‘With this level of extremism with Fish and Wildlife, 

it’s difficult to make a profit out there under that regime,’’ Tracey said. ‘‘We’re 

exhausted fighting the war. The situation is especially hard to take, he said, because under the government contract, Midway Phoenix pays the salaries of Fish and 

Wildlife officers who maintain the refuge and also flies them and their families back 

and forth to Honolulu.’’ 

VISITOR PROGRAM—AFTER MPC DEPARTED THE ISLAND IN 2002

The FWS has stated that the only reason the visitor program is not open is due 

to a lack of funding. Again I will mention the 2005 Feasibility Study that concluded 

in recommending an alternate Cooperator be appointed. 

17 

February 2, 2002, Honolulu Advertiser Newspaper Article, by Jan 

TenBruggencate—http://the.honoluluadvertiser.com/article/2002/Feb/02/ln/ 

ln05a.html 

Midway Refuge Manager (1997–2000) Rob Shallenberger—‘‘The agency will find 

another operator or multiple operators to run facilities if Midway Phoenix 

leaves . . .’’ 

April 30, 2002, Honolulu Advertiser Newspaper Article, by Jan 

TenBruggencate—http://the.honoluluadvertiser.com/article/2002/Apr/30/ln/ 

ln33a.html 

Assistant Secretary of Interior, Craig Manson—‘‘Although we are not in a position 

at this time to reopen our doors to visitors, we hope to be able to do so in the future,’’ said Craig Manson, Assistant Secretary of the Department of Interior for Fish 

and Wildlife and Parks. 

May 6, 2002, Honolulu Star Bulletin, By Gregg K. Kakesako—http:// 

the.honoluluadvertiser.com/article/2002/May/24/ln/ln13a.html 

Assistant Secretary of Interior, Craig Manson—‘‘The Department of the Interior 

is fully committed to restoring public access to Midway.’’ 

May 26, 2003, The Washington Times, by Audrey Hudson—http:// 

www.washingtontimes.com/news/2002/may/26/20020526-025453-2237r/ 

Rep. John J. Duncan Jr., Tennessee Republican—‘‘Having a wildlife refuge or a 

national memorial that only bureaucrats can visit does not make a whole lot of 

sense,’’ Mr. Duncan said. ‘‘I think the veterans who fought in the Battle of Midway 

deserve to be treated better by the Fish and Wildlife Service,’’ Mr. Duncan said. 

February 7, 2006, Posting on FWS Web Site Visitor Services Planning 

Underway 

‘‘Refuge staff, with assistance from two Honolulu-based FWS staff, set aside a 

week in early January to embark on Midway Atoll NWR’s long-awaited Visitor 

Services Plan, the next step toward enhancing the visitor program on the atoll.’’ 

VISITOR PROGRAM FEASIBILITY STUDY—2005

In 2005 the FWS spent more than $200,000 for a Feasibility Study, to determine 

if a Visitor Program were feasible at Midway. The study provided proof and offered 

examples of how a Visitor Program would work via an alternate Cooperative 

Agreement with a new Cooperative Contractor. The FWS elected to ignore the recommendations of that report and did not select an alternate Cooperator to run a 

Visitor Program, as stated in 2002. 

FWS Visitor Program Closed—In Their Own Words 

‘‘Midway’s remote location and the high cost of fuel and chartering aircraft 

make it an expensive place to visit. The Fish and Wildlife Service has investigated several administrative and logistical management options related to administering reservations, cancellations and collection of money, 

including on-site management of independent travel groups. It has been determined that it would not be possible to advertise, manage reservations 

and cancellations and respond to travel requests, in addition to developing 

and investigating a legal mechanism for collection of money, without an additional full-time staff person dedicated to visitor services management. The 

current budget climate does not allow for this additional staff.’’ 

I have been witness to FWS methods for the past 26 years. I’ve witnessed their 

actions don’t always match their words. As an example, they’re planning to install 

an electrical power generator that is much smaller in size than the one they’re now 

using. ‘‘If’’ they were actually planning to once again host an Affordable Visitor 

Program, they’d be gearing upward, not downsizing. 

All private, commercial and otherwise, aircraft are banned from landing on 

Midway, unless it’s an emergency; this includes all military aircraft. Only emergency landings are allowable. Ocean access to Midway is completely unavailable, including access in an emergency. Midway airport is completely closed! Per 

AirNav.com—‘‘APT CLOSED TO ALL TRANSIENT ACFT. APT OPEN FOR 

ETOPS AND APPROVED ACFT OPNS ONLY’’ 

I witnessed an aircraft on a military mission, being denied permission to land at 

Midway; FWS stated it would interfere with their Halloween Party. Recently, a sailboat was denied permission to enter the safe harbor at Midway, even though declaring an emergency; their water-making system was no longer working. The FWS 

18 

decided it was best to take fresh water out to the sailboat, to keep the boat away 

from the island. 

FWS continues to try and lead the public into believing they want a visitor program. They have claimed their Visitor Program was open on a weekly basis from 

2008 until 2012: this claim is not entirely true, confirmed by media articles of that 

time period. FWS would claim they were open for public visitation but were charging as much as $7,000 per seat for airfare and requiring the visitors to work or pull 

weeds while on the island. One year, the FWS claimed they were open for visitors 

when in fact they had only hosted a few hundred visitors from a cruise ship for a 

few hours. 

From May 1, 2002 till 2008, the Visitor Program was mostly closed—6 years. 

Since MPC departed from the island the Visitor Program has been closed for about 

8 of the 12 years. 

ISLAND STEWARDSHIP

Anyone who has viewed recent pictures of the island, the photos speak for themselves. The Report Card for FWS stewardship is there for all to see. http:// 

vimeo.com/80519456 

Since 2002 when MPC made their exit from the island, the FWS has been responsible for stewardship and contracted with Chugach McKinley to maintain the island. 

The FWS stated in writing, they would only maintain buildings and structures they 

can ‘‘use,’’ regardless of their historic significance. 

Prior to Midway being transferred from the Navy to the FWS, 111 buildings and 

structures were demolished. Per FWS, these buildings and structures were demolished for the purpose of ‘‘right-sizing’’ to the needs of FWS for the new mission as 

a Wildlife Refuge with a Visitor Program. Ninety-six buildings and structures were 

left standing for FWS to use and maintain in support of a Visitor Program. 

The FWS continues to demolish buildings that could be used to support an 

Affordable Visitor Program. In their words, they are still ‘‘right-sizing.’’ FWS stated 

in writing, they have a $160 million ‘‘Maintenance Backlog.’’ We firmly believe that 

the majority of the ‘‘Maintenance Backlog’’ money is for the demolition of buildings 

that have been marked as ‘‘Abandoned’’ over the past 12 years. Buildings that were 

once used to support an Affordable Visitor Program are now being abandoned. Some 

have referred to this as ‘‘Demolition by Neglect.’’ First the building is abandoned and 

then deemed as unsafe, making it eligible for demolition. 

FWS CONTRACT WITH CHUGACH: NO MAINTENANCE PLAN FOR THE FOLLOWING

BUILDINGS

The Main Galley: Abandoned—Scheduled for demolition. 

Properly maintained and managed, the Main Galley would support a 

Visitor Program. 

The Main Hangar: Abandoned—Scheduled for demolition. 

Properly maintained and managed, the Main Hangar to serve as building/ 

office space for support of an active Visitor Program. 

The Historical SAR Hangar: Abandoned—Scheduled for demolition. 

FWS stated that they have no plan to maintain the Historic Sea Plane 

Hangar and have referred to it as ‘‘an abandoned ruin.’’ 

The Historic Station Theater: No Maintenance Plan. 

The Station Theater has a hole in the roof. Rather than repair the hole, 

the FWS has elected to abandon the building. They also removed historical 

murals from the walls of the Station Theater and sent them to Ford Island 

for storage, an indicator of their inability or interest to maintain historical 

structures. 

BOQB Living Quarters: Abandoned—Scheduled for demolition. 

Properly maintained, this building would serve to house Midway visitors. 

BEQB Living Quarters: Abandoned—Scheduled for demolition. 

Properly maintained, this building would serve to house Midway employees, 

who serve to support an active Visitor Program. 

BEQC Living Quarters: Abandoned—Scheduled for demolition. 

Properly maintained, this building would serve to house Midway employees, 

who serve to support an active Visitor Program. 

The All Hands Club: May soon close its doors for good. 

19 

The Main Fuel Farm: Abandoned—Scheduled for demolition in 2016. 

Properly maintained and managed the Fuel Farm is a main source of revenue off-setting the operational costs of running the island. Two large 

tanks, each holding 2 million gallons, are scheduled for demolition. These 

large tanks are being replaced with smaller/portable tanks, with a total capacity of about 450,000 gallons. 

FWS has verbally stated that they have no plans to demolish additional structures, such as the Fuel Farm. However, we hold a 122-page document clearly confirming the demolition schedule as being right on time. This includes the Fuel Farm 

scheduled for demolition in 2016. The Fuel Farm is key to a successful and 

Affordable Visitor Program. Fuel sales to transient aircraft and ships were the number one profit source, while MPC was on-island. Every dollar that is earned from 

Fuel Sales becomes one less dollar of burden for the American Taxpayer. 

Abandoned Airfield 

The FWS abandoned the airfield at Midway claiming they had no need for an airport at the wildlife refuge. This required the FAA to station five full-time employees 

to the island to manage the airport. At the same time the FWS is the primary entity 

currently using the airport for scheduled logistical flights. The airport is otherwise 

only open for Transpacific aircraft that declare an emergency. 

Costs of the Airfield on Midway Island—https://www.oig.dot.gov/sites/default/ 

files/midway-Final.pdf 

‘‘For the 15-month period of January 2004 through March 2005, there were 136 

aircraft landings at Midway airfield, one of which was an emergency landing for a 

commercial airline. FWS is the primary user of the airport and regularly flies staff, 

volunteers, and supplies to support its refuge mission activities.’’ 

March 16, 2002, Article in The Washington Times, by Audrey Hudson—http:// 

www.washingtontimes.com/news/2002/mar/16/20020316-041107-4551r/ 

FWS Spokesperson, Mark Pfeifle—‘‘We will implement a transition strategy to 

preserve the condition of the facilities and ensure the continued conservation of 

Midway’s fish, wildlife and historical resources,’’ said spokesman Mark Pfeifle. ‘‘The 

agency is looking for another private company to resume the operations on the island. The Fish and Wildlife Service will use its own funds until another corporate 

sponsor can be recruited.’’ 

DEMOLITION BY FWS—HISTORIC BUILDINGS DEMOLISHED WITHOUT INPUT FROM THE

GENERAL PUBLIC

• Four of the five Historic Cable Station buildings were demolished in 2013 

• Two Historic Marine Barrack buildings were demolished in 2013 

• SKI Warehouse was demolished in 2013 

• Demolition Schedule—Removal Action Work Plan: Web Link, 130 Page PDF 

Document—http://www.fws.gov/uploadedFiles/Region_1/NWRS/Zone_1/ 

Midway_Atoll/Documents/AR0062%20Midway%20RAWP%20FINAL.pdf 

RESTORATION/RENOVATING PROJECTS BY FWS

Web Link—Photos of Remodeled Homes—http://recovery.doi.gov/press/us-fishand-wildlife-service/midway-atoll- percent20national-wildlife-refuge/ 

To their credit, FWS managed to rally for a $1.6 Million American Recovery and 

Reinvestment Act (ARRA) grant, for major remodeling of Officers’ Row of housing. 

Worth noting, these homes are occupied by residents of Midway. As FWS stated, 

they are only interested in maintaining buildings they can ‘‘use,’’ seemingly without 

regard to historical significance. 

Cable Station Buildings—One of five Cable Station buildings was partially 

restored. 

Web Link of Restored Cable Station Building—http://www.midway-island.com/ 

documentation/cable-station-one-restored-building/ 

MIDWAY FUEL SPILL

In February of 2003, the FWS was responsible for the largest fuel spill in recorded 

history for the entire Hawaiian archipelago. It was reported, between 75,000 and 

100,000 gallons of fuel were spilled at Midway costing millions to clean up. When 

20 

MPC was on-island, five full-time employees manned the Fuel Farm. After MPC 

departed from the island the Fuel Farm was manned by one part-time employee. 

The former MPC Fuel Farm Manager stated that five valves would have to have 

been left pressurized long-term for the leak to occur where it did. 

SPENDING/TAXPAYER COSTS

Over the past 12 years, the FWS has spent millions upon millions of dollars to 

maintain the island. This money was spent for services they were getting for FREE 

by the previous Cooperator, Midway Phoenix while operating an Affordable Visitor 

Program. 

RECOMMENDATIONS

More than 12 years ago, the FWS Refuge Manager stated, at our weekly managers meeting, he had a list of alternate Cooperators who were standing by, ready 

and eager to take the place of MPC. Where are they, where is even one? 

I recommend an immediate stop to the demolition of the fuel tanks and for maintenance and repairs to be immediately done before all hope of a visitor program is 

stripped away by the FWS through their maintenance neglect. The Fuel Farm is 

crucial piece of an Affordable Visitor Program. 

I would also recommend that the FWS be required to maintain abandoned buildings, using a fair portion of their wildlife money toward repair and restoration of 

abandoned structures. I would recommend they be required to include an equal 

number of volunteers for historical buildings at Midway as they now have for their 

favorite wildlife projects. I would also recommend that the IMMF be empowered to 

monitor volunteer members, so that historic preservation can be accounted for. A 

watchdog needs to be appointed. 

I would also recommend that the airport be reopened to the public. Fuel sales at 

Midway would reduce the operational cost of the island and offset the cost for an 

Affordable Visitor Program. 

In order for a new Cooperative Agreement to work, it would need to be moderated 

by any of the following entities: the U.S. Coast Guard, the National Park Service, 

the U.S. Navy, the FAA, and the International Midway Memorial Foundation. FWS 

and the new Cooperator could present their disagreements to a panel of third party 

Mediators, to resolve disputed issues. 

I recommend that Midway be reverted to an Overlay Refuge, as it was when the 

Navy was still on-island, and the FWS only manage the wildlife, nothing else. It’s 

been 26 years since FWS assumed responsibility for the island. If they have not yet 

figured it out by now, they never will. 

Midway Island does not need a name change. The battle was fought as the Battle 

of Midway Island. Birth certificates do not say Midway Atoll, but Midway Island. 

Veterans, and all those who cherish Midway know this tiny dot of land as Midway 

Island, not Midway Atoll. We must honor those who fought and remember the island as ‘‘Midway Island.’’ 

Midway does not need millions upon millions of government handout money for 

more of the same. Midway needs limited enterprise to help this historical island be 

self-sufficient. Midway has natural and historic resources that enable the island to 

be self-sustaining, via a properly managed and Affordable Visitor Program. 

It is clear to the majority that the FWS remains fixated on wildlife-only issues. 

Today, Midway is seemingly a sinking ship where the distress alarm has NOT been 

very loud or clear. 

NOTES AND DOCUMENTATION

Media Quotes 

April 12, 2009, 2nd Battle of Midway apparently lost—http://www.redstate.com/ 

diary/innocbystr/2009/04/12/2nd-battle-of-midway-apparently lost/ 

In 1999, in recognition of the atoll’s historical significance, Congress directed the 

Secretary of the Interior to develop Midway as a National Memorial and establish 

a preservation program for its historic military buildings and gun emplacements. 

This was to include interpretative displays and promotion of tourist visits. 

February 4, 2002, Honolulu Star Bulletin, by Mitch Stacy, Associated Press, 

U.S. Coast Guard Statement—http://archives.starbulletin.com/2002/02/04/news/ 

story5.html 

It is a situation that concerns the Coast Guard, which depends on the island as 

a refueling stop during law enforcement and rescue operations. ‘‘If I don’t have 

21 

Midway, that area gets a little bit bigger,’’ said Capt. Steven Newell, the Coast 

Guard’s chief of the expansive North Pacific district. 

June 4, 2012, Battle of Midway Memorial Handout Brochure—http:// 

www.papahanaumokuakea.gov/pdf/midway_q_and_a_brochure.pdf 

OTHER USEFUL WEB SITES

My Midway Island Web Site 

http://www.midway-island.com/ 

Battle of Midway Ceremony—2012 Brochure 

http://www.papahanaumokuakea.gov/pdf/midway_q_and_a_brochure.pdf 

Midway Island Fee Schedule 

http://www.fws.gov/uploadedFiles/Region_1/NWRS/Zone_1/Midway_Atoll/ 

Documents/Midway%20Fee_Schedule%20Rev.%205-5-2014.pdf 

Before/After Photos of Midway Island 

http://www.midway-island.com/bird-photos/before-and-after/ 

Midway Island—A Battle Lost to USFWS 

http://vimeo.com/80519456 

Mr. FLEMING. OK. Thank you for that, Mr. Daak. 

And next, Dr. James D’Angelo, Chairman of the International 

Midway Memorial Foundation. 

STATEMENT OF JAMES M. D’ANGELO, Ph.D., USAF RETIRED, 

CHAIRMAN, INTERNATIONAL MIDWAY MEMORIAL 

FOUNDATION 

Mr. D’ANGELO. Good morning, Chairman Fleming and 

Members—— 

Mr. FLEMING. Sir, you will need to pull the microphone close to 

your mouth. 

Mr. D’ANGELO. Good morning, Chairman Fleming and members 

of the House Subcommittee on Fisheries, Wildlife, Oceans, and 

Insular Affairs. 

I am Dr. James D’Angelo, Chairman and Founder of the 

International Midway Memorial Foundation, which is dedicated to 

the memory of the Battle of Midway. 

The Battle of Midway, which took place from June 3–7, 1942, 

was a battle of historic proportions and was not only the turning 

point of World War II in the Pacific, but affected the outcome of 

World War II in Europe. 

In 1999, the designation of Midway as a national memorial was 

signed into law by President Bill Clinton. Midway deserves to be 

memorialized throughout time by mandating a permanent policy of 

public visitation to the atoll. 

In the 1999 legislation, the Secretary of Interior was directed to 

regularly consult with the IMMF on the management of the 

National Memorial. To date, neither the Wildlife Service nor the 

Department of the Interior has carried out this directive. 

In 1996, Midway Phoenix and Fish and Wildlife entered into a 

cooperative agreement to provide all logistic and administrative 

services on the atoll at little expense to the taxpayers. 

Midway Phoenix left Midway in 2002 after a dispute by Fish and Wildlife’s demand that Midway Phoenix pay $2 million for aviation 

fuel that was gifted to Midway Phoenix in 1996. 

22 

In 2003, after the departure of Midway Phoenix, Chugach, a private-sector company based in Alaska, took over the responsibility 

of maintaining Midway’s infrastructure. The cost of operating 

Midway rose exponentially, all of which was borne by the 

taxpayers. 

In 2003, the IMMF submitted its feasibility study on a public visitation program at Midway. In 2005, Fish and Wildlife spent 

$200,000 for a study to determine the feasibility of reinitiating a 

public visitors program on Midway. 

Both studies concluded that a public visitation program would be 

most viable if a private contractor was utilized to maintain the entire infrastructure on Midway, as well as to administer the public 

visitation program. Both were ignored by Interior and Fish and 

Wildlife. 

Private-sector management of a public visitation program was 

successfully demonstrated in the last year of Midway Phoenix’s 

tenure when it made a profit of $26,138, despite the restrictions 

placed on it by the Fish and Wildlife Service. 

The following are examples of failures that have occurred under 

Fish and Wildlife’s watch: 

In February 2003, nearly 100,000 gallons of fuel leaked from the 

fuel farm, which was being manned by only one part-time 

employee. Cleanup was estimated to have cost taxpayers millions 

of dollars. 

The Fish and Wildlife Service demolished historic structures on 

Midway without any notification of such plans to the IMMF, as directed by law. 

The Fish and Wildlife Service is also planning the total destruction of all the buildings and structures on Midway. And we have 

attachments that document that from their own brochure. 

The atoll remains closed to public visitation for the foreseeable 

future, a condition facilitated, in part, by the elimination of profitmaking aviation fuel sales to commercial and military aircraft; the 

planned destruction of two large fuel tanks in 2016, which will 

limit the potential for profit-making fuel sales; and by the deterioration and demolition of structures which would support public 

visitation. 

The measures Fish and Wildlife have taken in the administration and operation of Midway since 2002 have only served the interest of Fish and Wildlife with little regard for public visitation or 

for Midway’s historic value. 

To rectify these problems, on behalf of the IMMF, I am recommending that a permanent advisory board of governors be created 

that would include Fish and Wildlife, the National Park Service, 

the U.S. Coast Guard, the Navy, FAA, the IMMF, and a private 

contractor operating Midway. 

The president of the board would be rotated annually from each 

of its members, except for a private contractor, and an annual 

audit would be performed and reported to the Secretary of Interior. 

This would allow for a viable management solution that meets 

the needs and addresses the concern of all who have an interest in 

the future of Midway Atoll. 

I want to thank the committee for the opportunity to testify and 

express the hope that Midway Atoll National Memorial and public 

23 

visitation will receive the proper management and attention they 

all deserve. 

Thank you. 

[The prepared statement of Mr. D’Angelo follows:] 

PREPARED STATEMENT OF JAMES M. D’ANGELO, M.D., USAF VETERAN, CHAIRMAN

AND FOUNDER OF THE INTERNATIONAL MIDWAY MEMORIAL FOUNDATION

The International Midway Memorial Foundation (IMMF) is a non-profit, taxexempt corporation, established in the state of Maryland in 1992, and is dedicated 

to the memory of the Battle of Midway. 

HISTORICAL PERSPECTIVE

The Battle of Midway, which took place from June 3–7, 1942, was a battle of historic proportions and the turning point of World War II in the Pacific. After the 

Battle of Midway, Japan was never able to go on the offensive again. Admiral 

Isoroku Yamamoto’s decision to include the islands of Midway in his strategic plan 

against the United States was flawed and thus paved the way to a U.S. victory. 

Historians now believe that the victory at Midway had significant effects on the outcome of World War II in Europe: 

• It allowed the United States to take its first offensive—that of invading North 

Africa—which ultimately resulted in the destruction of the German African 

Corps; 

• Japan’s defeat meant that Russia was able to transfer its troops from 

Manchuria to the east to bolster the defense of Stalingrad against German 

forces; and 

• It guaranteed the timetable for the Allied invasion of Normandy. 

For these reasons alone, Midway should have a functioning National Memorial 

and public visitation. But beyond its significance in the course of historical events, 

the Battle of Midway represents the courage, determination and sacrifice of the men 

who fought to retain Midway, and deserves to be memorialized throughout time by 

preserving Midway’s history and by mandating a permanent policy of public visitation to the Atoll. 

JURISDICTION (U.S. NAVY AND THE USFWS)

In 1996, jurisdiction over the Midway Atoll was transferred by the U.S. Navy to 

the U.S. Fish and Wildlife Service (USFWS). The IMMF encouraged Congress to 

designate the Midway Atoll as a National Memorial and its efforts were rewarded 

in November 2000 when President Clinton signed legislation that designated the 

Midway Atoll as a National Memorial. In that legislation the Secretary of Interior 

was directed to regularly consult with the IMMF on the management of the 

National Memorial. To date, neither the USFWS nor the Department of Interior has 

regularly consulted with the IMMF on the management of the National Memorial. 

USFWS AND MIDWAY PHOENIX CORPORATION

In 1996, Midway Phoenix Corporation (MPC) and the USFWS entered into a cooperative agreement for MPC to provide all logistic and administrative services on the 

Atoll at no expense to taxpayers. Only USFWS’ room, board and mission activities 

were paid by the taxpayer. 

From 1996–2002, MPC faithfully carried out this agreement in spite of Draconian 

restrictions placed on its activities by USFWS. Examples of such measures were the 

closing of Eastern Island to the public (the site where the original airstrip is located), transferring endangered Hawaiian Monk seals to the shores of Midway Atoll 

which resulted in the closing of all heretofore public beaches, limiting cruise ships’ 

access to Midway Atoll and limiting the sale of aviation fuel by MPC. The primary 

reason why MPC departed from Midway in 2002 was over the issue of aviation fuel. 

In 1996, when the U.S. Navy transitioned from Midway, it gave the remaining fuel 

in the tanks to the USFWS. In 1997, the remaining fuel was gifted to MPC because 

USFWS was not permitted to make a profit from the Wildlife Refuge. MPC then 

sold the fuel to transient aircraft at approximately $5.00 a gallon. By 2002, MPC 

had invested $15 million of its own money toward improving the infrastructure of 

24 

the Atoll. With 1 month’s supply of fuel remaining, USFWS demanded that MPC 

pay $2 million for the aviation fuel that had been gifted to MPC in 1997. This nonnegotiable and inexplicable action by the USFWS prompted MPC to leave Midway. 

USFWS FINANCIAL MANAGEMENT OF MIDWAY ATOLL

As previously stated, during the tenure of MPC’s administration of Midway Atoll, 

all logistic and administrative operations were carried out on Midway at no expense 

to taxpayers. In 2003, after the departure of MPC, Chugach, a private sector company based in Alaska, took over the responsibility of maintaining Midway’s infrastructure. The cost of operating Midway rose exponentially, all of which was borne 

by the taxpayers. 

The IMMF obtained information about the financial expenditures by USFWS from 

two sources, the Interior Department Electronic Acquisition System (see Attachment 

1), and the Division of Congressional and Legislative Affairs (DCLA) (see Attachment 2). The following data was acquired from IDEAS. In 2003, USFWS paid 

Chugach $24,439,634. In 2004, this amount increased to $86,376,374. In 2005, 

USFWS paid $75,995,693 to Chugach. According to IDEAS, the total paid to 

Chugach by USFWS for the 3-year period was $186,811,701. 

According to the report from DCLA, USFWS’ Midway operating expenses from 2005–2013 varied from $4,007,884 to $4,781,505. For 2005, however, there is a 

striking discrepancy between the two sources of the expenditures by USFWS at 

Midway. As noted above, the IDEAS report indicates the expenses to Chugach were 

$75,995,693, but the report from the DCLA states USFWS Midway costs were 

$4,553,693. The difference of the two reported values requires further investigation 

(there was no data from DCLA for the 2003–2004 period). In conclusion, the minimal cost to taxpayers of MPC’s administration of all operations on Midway rose to 

millions of dollars under USFWS/Chugach. 

DECLINE AND CESSATION OF MIDWAY’S PUBLIC VISITATION POLICY (2002–2014)

In the aftermath of MPC’s departure, public visitation to Midway between the 

years 2002–2013 was allowed on a part-time basis in only 4 years out of the 12- 

year period. In 2013, public visitation ceased. 

On January 8, 2003, the IMMF submitted its feasibility study (Submitted for the 

Record) on a public visitation program. The study concluded that a public visitation 

program was most viable if a private contractor was utilized to maintain the entire 

infrastructure on Midway as well as to administer the public visitation program. 

The study was ignored by Interior and the USFWS. 

In 2005, USFWS spent $200,000 for a study to determinate the feasibility of reinitiating a public visitors program on Midway. This study also concluded that public visitation was most feasible if it were conducted by a private contractor, who 

would also be responsible for all administrative and operational aspects of the 

Midway Atoll, including public visitation. 

The conclusion of USFWS’ feasibility study was similar to that of IMMF’s 2003 

study, but neither proposal was acted upon by the Department of Interior and 

USFWS. Apparent disregard for the conclusions of these studies indicates a lack of 

interest and/or desire by USFWS for any public visitation on Midway. In addition, 

USFWS plans to destroy the two large fuel tanks on Midway in 2016, a logistically 

irreversible change (Document submitted for the Record). This would result in the 

destruction of what was historically the primary source of non-taxpayer income to 

the Atoll, and would—in reality—make any future public visitation to Midway impossible. Currently, USFWS is leasing smaller, above-ground portable fuel tanks. 

They do not have the capacity of the original tanks, and could be removed at any 

time. The existence of these tanks and their potential for easy removal strikes another blow to a potential visitation program. 

In summary, the key to a successful public visitation program is to utilize a private sector contractor; this concept was supported by the IMMF’s and the USFWS’ 

feasibility studies, and MPC was able to demonstrate that this could be done successfully with no expense to taxpayers. USFWS has virtually ensured public visitation will never return to Midway by (1) eliminating the sale of aviation fuel to 

commercial and military aircraft; (2) by planning the destruction of the two large 

fuel tanks in 2016 which would severely limit the potential for profit-making fuel 

sales (the current fuel supply is solely for the use of USFWS’ needs); (3) by allowing 

the deterioration of buildings; and (4) by carrying out—as well as planning for—the 

demolition of buildings and structures which would support public visitation. The 

measures USFWS have taken in the administration and operation of Midway since 

25 

2002 have only served the interests of the USFWS, with little regard for public visitation or for Midway’s historic value. 

MIDWAY’S AIRSTRIP ON SAND ISLAND

The airstrip on Sand Island is no longer used as a full-time alternate emergency 

landing site for trans-Pacific flight nor is aviation available for aircraft. As recent 

as July 2014, an United Airlines trans-Pacific passenger plane was forced to make 

an emergency landing on Midway due to electrical difficulties. 

USFWS MISMANAGEMENT OF MIDWAY’S INFRASTRUCTURE

The following has occurred under USFWS’ watch: 

• Despite the fact that some of the remaining lead-painted buildings are being 

maintained, others are being allowed to deteriorate, resulting in environmental contamination with lead paint chips, exposing the birds on the atoll 

to potential lead toxicity. 

• In February 2003, between 75,000 to 100,000 gallons of fuel leaked from the 

fuel farm which was being manned by only one part-time employee, rather 

than the five full-time employees employed by MPC. It was estimated by the 

MPC Fuel Farm manager that at least five valves had to have been pressurized in order for the leak to occur. The leakage was the largest in recent 

Hawaiian archipelago history. According to the Honolulu Advertiser, it was 

estimated to have cost millions of dollars for USFWS to clean up the fuel 

leak. 

• The USFWS demolished the Marine Barracks and four of the five historic 

telegraph cable buildings without any notification of such plans to the IMMF 

as directed by Public Law 106–113: Section 126. The USFWS is also planning 

the total destruction of all the buildings and structures on Midway (Document 

submitted for the Record). 

• The Atoll remains closed to public visitation for the foreseeable future. 

CURRENT REPORTS

The preceding statements document USFWS’ inability to manage all the functions 

of the Midway Atoll both administratively and operationally. This is clear from the 

18-year history of its tenure on Midway. Currently, there are the following reports: 

• That the private contractor Chugach has offered to leave before the April 15, 

2016 expiration date; 

• That aviation fuel is running low in the two large fuel tanks and will be 

empty in 2016, with no plan by USFWS to obtain additional fuel; 

• Only emergency aircraft will be permitted to land on Midway; 

• Bonin Petrels (birds) have overtaken the Atoll, creating deep underground 

burrows, which lead to the death of young Laysan Albatross when they fall 

into the tunnels and injure the adult Albatross when they land. 

SOLUTIONS TO MIDWAY’S PROBLEMS

It is my opinion that there needs to be a change in the jurisdiction of Midway 

Atoll in order for it to become viable again, and for public visitation to occur on a 

consistent, fiscally sound basis. In addition, it is important that the airstrip on Sand 

Island operate once again as a full-time alternate trans-Pacific emergency landing 

site. On March 20, 2013, Senator Brian Schatz proposed one solution in Senate Bill 

S. 616 which directs the Department of Interior to study the feasibility of having 

the National Park Service, as well as private and non-profit organizations, assume 

responsibility for preserving, protecting and interpreting the natural and historic resources at Midway. 

26 

On January 8, 2003, the IMMF offered to the Department of Interior its solution 

to Midway’s difficulties (Submitted for the Record). It emphasizes that Midway Atoll 

can best be operated by the private sector, which in turn would administer the public visitation program. This scenario is feasible only if: 

• USFWS does not impede conditions in which a private contractor could make 

a profit, from, for example, the sale of aviation fuel to aircraft; 

• Midway’s continued availability as an alternate emergency trans-Pacific 

landing site exists; and 

• Midway’s aviation fuel is offered to the U.S. Coast Guard as needed for its 

search and rescue missions. 

In addition to revenues from aviation fuel, revenues need to be supplemented by 

public visitation. Using these basic principles, prior to its departure from Midway 

in 2002, MPC made a profit of $26,138 with no cost to the taxpayer, despite restrictions placed upon it by the USFWS. 

Regarding the governance of Midway Atoll, the foundation recommends a permanent Advisory Board of Governors be created that would include U.S. Fish and 

Wildlife Service, National Park Service, U.S. Coast Guard, U.S. Navy, FAA, the 

International Midway Memorial Foundation and a private contractor operating 

Midway. The President of the Board of Advisors would be rotated annually from 

each of its members, except the private contractor, and an annual budget and audit 

would be performed each year and reported back to the Secretary of Interior. This 

would allow for a viable management solution that meets the needs, and addresses 

the concerns, of those who have an interest in the future of the Atoll and all for 

which it stands. 

Attachments: 

1. Report from the Interior Department Electronic Acquisition System detailing 

USFWS’ expenses for the years 2003–2005 

2. Report from the Division of Congressional and Legislation Affairs detailing 

USFWS’ expenses for the years 2005–2014 

Submissions for the Record: 

IMMF’s Feasibility Study submitted to the Department of Interior in 2003 

USFWS’ Removal Action Work Plan to demolish the two fuel tanks on Midway in 

2016 

27 

ATTACHMENT 1 

28 

ATTACHMENT 2 

Mr. FLEMING. OK. At this point we will begin Member questioning of the witnesses. To allow all Members to participate and 

to ensure we can hear from all of our witnesses, Members are 

limited to 5 minutes for their questions. However, if Members have 

additional questions, we can have more than one round of 

questioning. 

I now recognize myself for 5 minutes. 

Mr. Foerster, I am going to go through several questions. So I 

would appreciate a yes or no, a very brief answer, just so I can get 

through them. During the second round, we can certainly visit back 

on them. Will you assure this committee today that, in the future, 

29 

you will consult with the International Midway Memorial 

Foundation before any additional historic structures are destroyed? 

Mr. FOERSTER. Yes, sir. We will consult with the IMMF. 

Mr. FLEMING. OK. Thank you. 

Will you testify today that the two large fuel tanks which each 

hold 2 million gallons will not be destroyed or removed and will be 

fully functional for the next 10 years? 

Mr. FOERSTER. We need to check the status of those fuel tanks— 

the structural status of those fuel tanks and the physical integrity. 

If additional tanks are needed, we would perhaps go in that direction, but we would do that in consultation with our partners, as 

directed by Congress. 

Mr. FLEMING. OK. Mr. Daak, did you want to add something? I 

am sorry. 

Mr. DAAK. Yes. I would like to add. 

I had mentioned before the fuel tanks are key to an affordable 

visitor program. They supplement the dollars that are actually 

needed to fly there. And without the fuel sales to ships and planes, 

the seats to Midway are much more expensive. 

And, at present, they are not using the fuel tanks because they 

are planned to be demolished. They have instead new portable 

above-ground tanks that hold 12,000 gallons each. 

Mr. FLEMING. Mr. Foerster, is that true, that the tanks are 

scheduled to be demolished? 

Mr. FOERSTER. I believe, within our maintenance management 

plan and deferred maintenance plan for the entire refuge system, 

we identify individual structures, buildings, tanks, roads, runways, 

and we identify the life of the structures. 

Mr. FLEMING. Well, again, I need short answers. 

Is it scheduled for demolition? 

Mr. FOERSTER. I believe every piece of—every building that we 

have—— 

Mr. FLEMING. I don’t want to know about the other pieces. I want 

to know about the tanks. 

Mr. FOERSTER. The tanks. I believe the tanks are listed within 

our maintenance management—— 

Mr. FLEMING. To be destroyed. OK. 

So your answer, then, to that question is really, no, you can’t 

give us assurance that those tanks won’t be removed because you 

know they are going to be demolished. 

Mr. FOERSTER. I don’t know that. I don’t know they are going to 

be demolished, sir. I know that we will consult—— 

Mr. FLEMING. OK. Thank you. Thank you. I got my answer. 

Thank you. 

Mr. FOERSTER. Yes, sir. 

Mr. JORDAN. Mr. Chairman? 

Mr. FLEMING. I am sorry, sir. It is my time. 

Since 1997, what percentage of time has the refuge been opened 

to the public, Mr. Foerster? 

Mr. FOERSTER. Sir, since 1997, the Navy had responsibility for 

the visitor services program up until the transition, I believe in 

2005, 2006, and then—— 

Mr. FLEMING. So what percentage? Can you give me a rough 

idea. Again, I have limited time here. 

30 

Mr. FOERSTER. Timewise, sir, I believe the Navy had that component and then, after 2006, the Service had the responsibility for 

visitor services. 

Mr. FLEMING. So what percentage of time has it been open, approximately? Since you have had title to it, what percentage of 

time has it been open to visitors, to the public? 

Mr. FOERSTER. I don’t have the exact number right in front of 

me, sir. I am sorry. It has been, it was opened—— 

Mr. FLEMING. All right. We will take that for the record. 

Mr. FOERSTER. Thank you, sir. 

Mr. FLEMING. Get back to us on that. 

Mr. FOERSTER. And I will make sure you get that. Thank you. 

Mr. FLEMING. If I were to fly my own plane to Midway, would 

I be allowed to land? 

Mr. FOERSTER. Sir, Midway is currently closed to all visitors except in emergency circumstances. So if you had an emergency, yes, 

sir. 

Mr. FLEMING. OK. If I were to sail my own boat to Midway, 

would I be given permission to enter the harbor? 

Mr. FOERSTER. Again, because Midway Atoll is currently closed, 

if you had an emergency, yes. 

Mr. FLEMING. Has the Service denied entry to various planes and 

boats in the past year? 

Mr. FOERSTER. I don’t have that answer in front of me, sir, but 

I will certainly find out and get it for you for the record. 

Mr. FLEMING. Yes. Please get back to us for the record. 

Is it true that no special-use permits have been issued since 

2005? 

Mr. FOERSTER. No, sir. I believe permits have been issued since 

2005. 

Mr. FLEMING. OK. Have there been requests? I assume there 

have been requests because you say you have issued those. We 

would like a report on the numbers. 

Mr. FOERSTER. Yes, sir. The number of special-use permits and 

who they are issued to? 

Mr. FLEMING. And who they are. Yes. 

Mr. FOERSTER. Yes, sir. We will get that. 

Mr. FLEMING. And please explain why it will cost $1.5 million to 

operate a 6-month visitor program. 

Mr. FOERSTER. Working in a remote marine environment is very 

challenging and difficult. Everything that we do out there is expensive. Obviously, there is not a Costco down the street. 

Everything has additional costs. It costs upwards of a half million dollars to get a barge out there. It is incredibly expensive. So 

everything has added capacity—— 

Mr. FLEMING. Since my time is running out, if you would also 

take that for the record. 

Mr. FOERSTER. I certainly will. Thank you, sir. 

Mr. FLEMING. If you would get back the breakdown for that cost. 

Mr. FOERSTER. Thank you. 

Mr. FLEMING. My time is up. I will yield to the gentlelady from 

Guam. 

Ms. BORDALLO. Thank you very much, Mr. Chairman. 

31 

While there have been many accusations made against your 

agency, Mr. Foerster, but I know that, as a government agency, 

you also have to deal with all kinds of other agencies before you 

go ahead with whatever is happening. 

Both of the Majority’s witnesses have said that the Service has 

temporarily discontinued the Midway Atoll visitation program, but 

they seem not to recall the steps you have taken to allow us access 

when funds are available. 

So to refresh their memories, please answer the following. On the 

first, I would just require a yes or no. Was there public visitation 

on Midway when it was in the Navy’s control prior to 1996? 

Mr. FOERSTER. Not that I am aware of. I believe it was a naval 

base. I do not believe there were visitor services at that point. 

Ms. BORDALLO. Since taking over management of Midway, has 

the Service facilitated public events on the atoll to commemorate 

the Battle of Midway and are similar events planned for the 

future? 

Mr. FOERSTER. Yes, ma’am. We have had a number of events to 

commemorate the battle. There were commemorative celebrations 

on the 60th anniversary, the 65th anniversary, and the 70th anniversary. In addition, on Memorial Day, Veterans Day, we hold special events for that. 

On the 70th anniversary, my regional director was out there and 

had the opportunity to stand on the beach with a veteran of the 

Battle of Midway, and he shared his personal experience with her, 

brought her to tears. She came back to me and impressed upon me 

the importance of ensuring that we are doing right by the National 

Memorial. 

Ms. BORDALLO. Thank you. 

If Congress provided additional and sufficient funding specifically 

for the purpose of running a visitor program, would the Service resume visitor services at Midway? 

Mr. FOERSTER. Yes. Added capacity. Yes, ma’am. 

Ms. BORDALLO. Now, another question I have for you, Mr. 

Foerster. 

Many private businesses, including guides, outfitters, and concessionaires, operate daily in and around national wildlife refuges and 

demonstrate the flexibility to make a profit while also ensuring 

that their operations are protective of refuge resources. 

Even as new management resources take effect, we have already 

established that Midway Phoenix Corporation, by its own admission, was unable to live up to its promises and run a sustainable 

tourism operation. 

Do you believe it is realistic to provide mass tourism on Midway 

at no expense to the taxpayer or is that a pipe dream? 

Mr. FOERSTER. We believe that it is possible to provide a highquality visitor services program on Midway. We believe it would be 

a challenging endeavor. It would be very expensive, as I mentioned. 

It is challenging to get things out there, but we do believe it is 

possible to provide a high-quality visitor services program within 

the limits of the National Wildlife Refuge and the National 

Memorial. 

Ms. BORDALLO. Thank you. 

32 

Mr. Jordan, your work at Midway has focused on the massive 

colonies of albatross that nest there and the impacts that marine 

debris, specifically plastic pollution, has on their survival. 

So will you please talk a bit more about the massive scale and 

profound implications of the marine debris problem. 

Mr. JORDAN. Yes. 

Ms. BORDALLO. And if you could make it short because I just 

have a minute and a half left. 

Mr. JORDAN. Yes. OK. 

There are an estimated 97,000 tons of plastic floating in the 

Pacific Ocean and there are lots of different engineers and biologists who have gone out there and tried to figure out ways to clean 

it up. 

And as far as anybody knows, the plastic can’t be cleaned up out 

of the ocean and, even if it could be, it is pouring out of polluted 

rivers and it is being dumped by all kinds of different boats all the 

time. 

The reason that the plastic shows up in such a powerful way on 

Midway is the albatross range over the entire Pacific Ocean to collect food to come back and feed their babies. And so what they 

come back to the island with is stomachs filled with cigarette lighters and toothbrushes and plastic bottle caps. 

So, really, the problem of plastic pollution on Midway Island is 

no different than it is on any other island in the Pacific or elsewhere in the world, except that the albatrosses just bring it in this 

viscerally powerful and visual way. 

Ms. BORDALLO. OK. Thank you. 

Now, you mentioned in your testimony particularly that of the 

Verbesina plant and the Ironwood trees. Do you think it is important to eradicate these plants both for the purpose of protecting native natural resources and for the historical value of restoring the 

atoll to the conditions that early visitors to Midway would have 

seen? 

Mr. JORDAN. Yes. It is incredibly important. Verbesina is a cute, 

little yellow daisy that grows naturally above 10,000 feet in the 

Colorado Rockies and, when you plant it at sea level on a tropical 

island in 4 million years of Guano, it grows 7 feet high and into 

these huge bushes that produce millions and millions of seeds. 

And if Fish and Wildlife stopped their efforts to rip out and control Verbesina, the entire island would be covered with it within a 

very short time and the albatrosses wouldn’t be able to live there 

anymore. Same thing with the Ironwood trees. 

Ms. BORDALLO. Thank you. My time is up. 

Thank you, Mr. Chairman. 

Mr. FLEMING. Gentlelady’s time is up. 

Mr. Lowenthal is recognized for 5 minutes. 

Mr. LOWENTHAL. Thank you, Mr. Chair. 

Mr. Jordan, your photos of the albatrosses at Midway Atoll that 

have died from ingesting plastics are really striking. 

And I know a little bit about that from, I don’t know if you know 

Mr. Charles Moore of the Algalita, who is a constituent of mine. I 

have known Charlie for 20 years. 

And I understand you are working on a film and you have a 

preview of 4 minutes. Can you show that to us today? 

33 

Mr. JORDAN. Yes. I would be delighted to. Thank you. 

There it is right there. 

[Video shown.] 

Mr. LOWENTHAL. Would you like to give—you only have a half 

a minute. Just tell us what is next. 

Mr. JORDAN. I am very much hoping that I will have the film finished in the next few months. It has been a really long and challenging process to make a film that truly honors the incredible 

depth and beauty and power of the story of Midway. 

And it has been amazing, as I put this work out there and 

shared it with the world, that it isn’t only reaching people who are 

interested in albatrosses or people who are interested in ocean 

plastic pollution. 

I just got back from Jeddah, Saudi Arabia, where I was invited 

to go and speak about this work. And people in the interior of 

Brazil and all over the world are transformed by something about 

the story of Midway. 

Mr. LOWENTHAL. Well, thank you. 

And I yield back the balance of my time. 

Mr. FLEMING. Gentleman’s time is up. 

Gentleman from Michigan is recognized for 5 minutes. 

Mr. BENTIVOLIO. Thank you very much, Mr. Chairman, Ranking 

Member. 

Normally, this is not my committee, but I have asked to speak 

here today or ask some questions. This is of interest to me and 

many of my constituents back in Michigan. I am going through— 

I saw the videos. I have been looking at both sides of this equation. 

I have some very simple questions to ask. 

Under the MPC care—is it Mr. Daak? 

Mr. DAAK. Yes. 

Mr. BENTIVOLIO. Thank you very much for being here. 

Under your care, there are these large fuel tanks. Correct? 

Mr. DAAK. Yes. 

Mr. BENTIVOLIO. And never had a problem? Never been a leak 

or spill? 

Mr. DAAK. Not to my knowledge. There were five full-time 

employees manning the fuel farm at that time. 

Mr. BENTIVOLIO. But under Wildlife Division of the Federal 

Government, did they ever have a spill or damage to the environment because of a fuel spill from those tanks? 

Mr. DAAK. Yes, sir. 

Mr. BENTIVOLIO. They have? 

Mr. DAAK. Yes. At the time of that spill, I think the estimated 

number of gallons was between 80,000 and 100,000 and the contractor had one part-time employee managing the entire facility at 

that time. 

Mr. BENTIVOLIO. Thank you. 

So under the Federal Government’s care, we had a fuel spill. 

Under the MPC, no fuel spill. Correct? 

Mr. DAAK. That is correct. 

Mr. BENTIVOLIO. And you had some golf carts, if I am not 

mistaken, quite a few golf carts—— 

Mr. DAAK. Yes, sir. 

34 

Mr. BENTIVOLIO [continuing]. That take people around and visitors and so on and so forth while MPC was in operation. Correct? 

Mr. DAAK. Yes, sir. 

Mr. BENTIVOLIO. OK. What happened to those golf carts? 

Mr. DAAK. Well, a good portion of them were taken to the dump 

immediately after—— 

Mr. BENTIVOLIO. What dump? 

Mr. DAAK. There is a dump on Midway where items are staged. 

Mr. BENTIVOLIO. So we have acid leaking from those golf carts, 

leaking into the soil in the environment on Midway Island. 

Correct? 

Mr. DAAK. Yes, sir. The way Phoenix positioned all our carts, inside one building. And they were taken, used, and separated for the 

ones that wanted to be kept and the ones that wanted to be thrown 

away by the follow-on people. 

Mr. BENTIVOLIO. So you had the acid leaking from those batteries into the environment while under the care of the Federal 

Government Wildlife—— 

Mr. DAAK. I shouldn’t say that because I wasn’t there. My best 

guess is it could have happened. 

Mr. BENTIVOLIO. OK. There was a hand-carved statue, quite a 

beautiful statue of quite a beautiful bird. 

Mr. DAAK. Yes, sir. 

Mr. BENTIVOLIO. And under the care of the Fish and Wildlife 

Service, what happened to that? 

Mr. DAAK. It was destroyed or eaten by termites. I don’t blame 

anybody for not catching it early. There wasn’t a plan for maintaining the big statue. 

But what disappoints me is that we were told more than once 

that it was already underway to be rebuilt, not to worry, their only 

concern was it wouldn’t be ready for an upcoming event, and that 

has not happened. 

Mr. BENTIVOLIO. I understand. 

So it was destroyed or taken down, correct, under the Fish and 

Wildlife Service—— 

Mr. DAAK. It is down. It is not standing anymore. That is correct. 

Mr. BENTIVOLIO. No maintenance. 

Can I ask: How much did it cost taxpayers for visitors to go to 

Midway Island while MPC was in charge? 

Mr. DAAK. Our goal was near no cost. 

Mr. BENTIVOLIO. No cost. 

And how much today did the Fish and Wildlife Service say you 

needed out of taxpayer money to reestablish visitors to Midway 

Island? 

Mr. FOERSTER. The added capacity and staffing, sir, would be a 

little bit over $1 million a year. 

Mr. BENTIVOLIO. A little over $1 million. 

Mr. FOERSTER. Yes, sir. 

Mr. BENTIVOLIO. So right now, under your care, it costs, if I am not mistaken—correct me if wrong—about $2 million per year to 

maintain Midway Island at least 6 months of the year? Did I understand that correctly? 

Mr. FOERSTER. The operating budget for Midway Atoll is about 

$3.6 million a year right now. Yes, sir. 

35 

Mr. BENTIVOLIO. $3.6 million. And under their care, it didn’t cost 

us anything. 

In fact, your entire area gets over $470 million per year out of 

taxpayer money and used $3 million to—actually, it looks like, 

under the Fish and Wildlife Service, you have done more damage 

to Midway Island than MPC has as far as the environment is concerned. 

And I want to ask one more question, Mr. Jordan. I really appreciate that video, and I understand. But somehow you are skewing 

the message. 

Those plastics—I am very familiar with this pollution problem in 

the ocean. I mean, we have these vast areas in the ocean that, for 

some reason, all the debris that falls into the ocean, comes out of 

the rivers, falls off container ships, seems to gather together not 

only in the Indian Ocean, the Pacific, and the Atlantic, and those 

albatrosses, very, very beautiful birds, go there, land there, start 

eating some shiny things, come back to Midway Island and die. 

But under no circumstances, and according to your testimony, 

are any of those birds ingesting those things on Midway Island. Is 

that correct? 

Mr. JORDAN. That is correct. 

Mr. BENTIVOLIO. Thank you very much. 

I appreciate it, Mr. Chairman. I yield back. 

Mr. FLEMING. Thank you. The gentleman yield backs. 

Well, I think we would like to have another round. Would you 

like? 

So I now yield myself 5 minutes. 

Mr. Jordan, when were you there last? 

Mr. JORDAN. I was just trying to remember. It was either the fall 

of 2012 or the fall of 2013. 

Mr. FLEMING. OK. And, Mr. Foerster, when was the island closed 

off to travelers? 

Mr. FOERSTER. Well, the island, the visitors services program 

was suspended in 2012, and I believe—— 

Mr. FLEMING. But in my previous question, I said what about an 

average guy like me who wants to go there to visit, not as a 

Congressman, but to visit. You said I wouldn’t be allowed to dock 

there or to fly there. 

So when did that begin? 

Mr. FOERSTER. Again, the visitor services program was 

suspended in 2012. 

Mr. FLEMING. So how did Mr. Jordan continue to visit there? 

Mr. FOERSTER. I believe, sir, Mr. Jordan had a special-use permit 

or a monument permit to conduct that activity. 

Mr. FLEMING. A special permit. 

Well, how does an average citizen who wants to enjoy this lovely 

scene in person get that special permit? 

Mr. FOERSTER. If they are going out to conduct an activity or 

commercial venture, that would then qualify for a monument or a 

special-use-type permit. 

Mr. FLEMING. So if they have a special interest, a special message they want to create that may be acceptable to, say, the current administration, they probably could get such a permit? 

36 

Mr. FOERSTER. If they met the requirements of the regulations 

and policy, then we would—— 

Mr. FLEMING. Regulations and policy. OK. 

Mr. FORESTER. Yes, sir. 

Mr. FLEMING. All right. 

Mr. FOERSTER. If you could restate your question, the last part 

of it I didn’t quite understand. 

Mr. FLEMING. Well, you see, one of the things that I have 

learned—I have been on this committee for 6 years, and the really 

bottom-line thing I have learned about various countries, islands 

around the world and so forth is that, when you get Americans personally involved, they become advocates and they are willing to put 

their money and their commitment into that success. 

Ivory in Africa is a good example of that where now we are actually disallowing hunting of ivory and, as a result of that, poaching 

will go to astronomical levels and then we are going to lose all of 

our elephants. So, you see, it is actually a net plus to have humans, 

of course, with certain restrictions and limitations. 

And so we have allowed a photographer to go there to bring back 

a message that these birds are eating things that are really pollutants from around the world, not just on this island. 

But, on the other hand, the average person who may want to 

contribute their money directly and see to it that this area is preserved and the birds are saved is not allowed. 

Mr. FOERSTER. That is correct in that context. We do not have 

a visitors services program there, sir. 

Mr. FLEMING. OK. Well, thank you. 

Let me change subject here in the time that I have. 

Dr. D’Angelo, Public Law 106–113, enacted in 1999, designated 

Midway Atoll as a national memorial to the Battle of Midway. The 

law says that the Secretary shall consult on a regular basis with 

such organizations, including the International Midway Memorial 

Foundation on the management of the National Memorial. 

Have those consultations occurred? 

Mr. D’ANGELO. No. They have not occurred in any form. I have 

never received a consultation regarding the management of the— 

Sorry. I have never received any consultation, regular or irregular, 

from the Fish and Wildlife Service as directed by the public law. 

Mr. FLEMING. OK. And, Mr. Daak, you can weigh in as well on 

any of these questions. 

Have any historic World War II buildings been destroyed since 

the Service obtained fee title to the land? And was your organization consulted, as required by law, prior to that removal? 

Either one of you would be fine. 

Mr. DAAK. There have been historical buildings destroyed. There 

were, as I remember—— 

Mr. FLEMING. But were you consulted before that, before 

destroying them? 

Mr. DAAK. No. They had no need to consult with me. I am just 

a guy here on my own. 

Mr. FLEMING. How about you, Dr. D’Angelo? 

Mr. D’ANGELO. No. They haven’t. 

In reference to the statement made that I have been talking to 

Dan Clark, yes, we have been talking, but the discussions have not 

37 

been substantive. He had to go on a Coast Guard duty and we were 

supposed to hook up and, due to his commitment, we didn’t. 

We spoke after that and, while we were on the phone, the new 

telephone apparatus went down, and I was supposed to hear back 

in a few weeks. 

Mr. FLEMING. OK. But, bottom line, they didn’t consult with you 

before doing it? 

Mr. D’ANGELO. No. We were talking about talking, but we never 

talked. 

Mr. FLEMING. In my remaining time, let me ask one other 

question. 

At the time of the transfer, the Department of the Navy identified a number of historic properties on Midway. How well have any 

been maintained by the Service? 

Either one of you. 

Mr. DAAK. In my opinion, not well. They have learned lessons the 

hard way. There is a lot of lead paint on the ground. That is a very 

big problem. 

And the solution, in my opinion, is to keep the buildings painted 

and keep the paint from peeling off the buildings and falling onto 

the ground. It has been a problem since I first went there in 1983. 

Mr. FLEMING. OK. All right. My time is up. 

Gentlelady from Guam is recognized for 5 minutes. 

Ms. BORDALLO. Thank you, Mr. Chairman. 

Mr. Foerster, according to the National Park Services Historic 

Landmarks program, the Navy did not live up to its commitment 

to appropriately decommission buildings before transferring 

Midway to the Department of the Interior, leaving behind a legacy 

of contaminants, such as lead paint, asbestos, invasive species like 

the Verbesina. 

And, further, the Midway Phoenix Corporation discontinued operations on Midway without removing any of the tourism-related 

equipment, machinery or structures or golf carts or whatever. 

Now, somebody said they donated it to the island. Come on. Let’s 

be realistic. They just didn’t want to pay to send it all back. That 

would have been very expensive. And, besides, they lost 

$15 million. 

Mr. DAAK. If I can say—I personally own the golf carts. 

Ms. BORDALLO. No. I would like to finish, please. 

Mr. DAAK. OK. 

Ms. BORDALLO. Has dealing with the messes created by other 

entities been a financial burden on the service, Mr. Foerster? 

Mr. FOERSTER. Well, thank you, ma’am. 

Yes. It certainly has been a challenge. With respect to the issues 

like lead-based paint that were brought up, we have spent 

$15.1 million dealing with the lead-based paint issue out on 

Midway. There are also asbestos issues and other things. 

So, yes, it has been very challenging. That is hazardous fund, 

superfund-type money that comes in. 

Ms. BORDALLO. I am very familiar with this because we have 

dealt with this on Guam when military has closed down and so 

forth. 

38 

OK. How has that contributed to your maintenance backlog and 

your ability to address your priorities of natural and historical resources at Midway? If you could answer it shortly. 

Mr. FOERSTER. Not having the capacity makes it very challenging. We have a tremendous maintenance backlog at Midway 

Island, and we are working every day to make it a better place. 

Ms. BORDALLO. OK. Another one for Mr. Foerster. 

The text of Section 126 of Public Law 106–113, which requires 

the designation of Midway Atoll as a national memorial to the 

Battle of Midway, was passed in 2000 after administration of 

Midway had passed to the Department of Interior. 

The law provides no funding for additional activities related to 

the Memorial, creates no legal obligation to make management 

changes, and does not require consultation with any party with a 

defined frequency or schedule. 

Now, given these facts, do you believe the Service has met its 

obligation under the law? 

Mr. FOERSTER. I believe we have met our obligation. We coordinate with a number of partners on it, including the state of Hawaii. 

The state has a historic preservation officer. 

However, I have come to find out that we have not been consulting on a regular recurring basis with the IMMF. And since I 

took over, I directed Refuge Manager Dan Clark to do that. That 

was—— 

Ms. BORDALLO. Now I have another question here. And that 

brings up the point of the historic preservation plan. 

We have to remember that, as a government agency, you have 

to deal with all these other government agencies before you can 

move forward, which sometimes can postpone and so forth. 

So has the Service managed Midway Atoll in accordance with the 

historic preservation plan? 

Mr. FOERSTER. We have, ma’am. We have a historic preservation 

plan that was created in 1999 and updated in 2010, and we are 

currently working with the state historic preservation officer to 

comply with the National Historic Preservation Act. We currently 

have, as I recall, 63 heritage structures on Midway. 

Ms. BORDALLO. All right. Let’s see. I still have a little time left. 

Mr. Chairman, you made a statement about the African elephants that would result in the elimination of elephants because 

of this ivory situation. 

Is that a—— 

Mr. FLEMING. Yes, you may recall, if the gentlelady will yield, in 

Zimbabwe we had hearings on the ban on ivory hunting and the 

industry in which people pay to come hunt a limited number of 

elephants. 

It actually stands up the infrastructure that protects the elephants from poachers. Well, as that infrastructure goes down, the 

poachers are going to be unlimited in their access to the elephants. 

So the net result is the death of elephants. 

So that is why it is important—— 

Ms. BORDALLO. But is there evidence to this? 

Mr. FLEMING. Oh, yes. Absolutely. It was brought out in our committee meeting, yes—our subcommittee meeting. 

39 

Ms. BORDALLO. Well, it is something new to me. I haven’t seen 

the evidence. So—— 

Mr. FLEMING. OK. Yes. 

But it was—we had a very full hearing, and maybe you were not 

present. Yes, we actually had a wildlife expert from Zimbabwe who 

testified to this and had the data and the numbers. 

Ms. BORDALLO. All right. Well, Mr. Chairman, I yield back. 

And I want to thank the witnesses today for their testimonies. 

Mr. FLEMING. Now I recognize the gentleman from Michigan. 

Mr. BENTIVOLIO. Thank you again, Mr. Chairman and Ranking 

Member. 

A few quick questions. Excuse me. 

Mr. D’Angelo. Correct? 

Mr. D’ANGELO. Yes. 

Mr. BENTIVOLIO. On Midway Island, they had a lot of trees, if I 

am not mistaken. Correct? And they were Ironwood trees? Very 

valuable wood. 

Mr. D’ANGELO. Yes. 

Mr. BENTIVOLIO. What did the—— 

Mr. D’ANGELO. Did you hear the yes? 

Mr. BENTIVOLIO. Yes. I heard the yes. Thank you. 

What did the Fish and Wildlife do to those—or division of the 

Federal Government do to those trees? 

Mr. D’ANGELO. Yes. Well, Mike can confirm this. But they eliminated all the trees on Eastern Island, OK, which is not accessible, 

even when there was public visitation. It was closed to the public. 

I just want to add that. 

Mr. BENTIVOLIO. So those—they were removed by the—— 

Mr. D’ANGELO. Fish and Wildlife Service. 

Mr. BENTIVOLIO. Mr. Foerster, why did they do that? 

Mr. FOERSTER. Sir, the trees are not native and they interfere 

with the—— 

Mr. BENTIVOLIO. Well, they are now. Have you ever heard of the 

Columbian Exchange? I mean, half of America—everything that we 

grow in this country, just about, is not native to this country. Are 

you going to turn it back 300, 400 years? Have you ever heard of 

the Columbian Exchange, sir? 

You didn’t? 

Mr. FOERSTER. Yes, sir. Thank you. 

And Ironwood trees, much like the Verbesina plants, are not 

native to—— 

Mr. BENTIVOLIO. So without those trees, now we have mass 

beach erosion in the Eastern Island, to my understanding. Is that 

correct? In my study, that is what I have—my research, that is 

what I hear, sir. 

Mr. FOERSTER. I am unaware of the trees causing the—— 

Mr. BENTIVOLIO. Let’s see. Under your care, we have golf carts 

with their acid leeching into the soil, fuel tanks that leeched into 

the ocean and the beach, and now we have trees that were removed, causing mass erosion on the beaches of Eastern Island. 

Now, and we have, let’s see what else you did. 

They have signs, street signs on that island, if I am not mistaken, and the Fish and Wildlife Service lowered them. Is that correct? 

40 

Mr. FOERSTER. Yes, sir. The—— 

Mr. BENTIVOLIO. Rather than cleaning up or painting the buildings, you went about lowering signs because some bird, a very 

beautiful bird, is going to run into them. Instead, they are running 

into those trees and dying on those trees. Those are the pictures 

I have. 

I would like to enter those into record, if I may, Mr. Chairman, 

these photographs. 

Mr. FLEMING. Without objection. 

Mr. BENTIVOLIO. Thank you very much. I yield back. 

Mr. FLEMING. OK. The gentleman yields back. 

Mr. Daak, you wanted to respond to Ms. Bordallo about 

something about, I think, some of the buildings and things. 

Would you like an opportunity to respond? Oh. The golf carts and 

infrastructure. 

Mr. DAAK. Well, I mostly wanted to respond about the fuel tanks. 

I was cut off short on that. 

Mr. FLEMING. Go ahead. 

Mr. DAAK. As we mentioned, the large fuel tanks are not being 

used anymore. Instead, portable above-ground tanks, supposedly 

the best of their kind for not spilling, are in place, each tank holding 12,000 gallons, but maybe 10 tanks or so, tops. 

Mr. D’ANGELO. Yes. That is correct. 

Mr. DAAK. And the important thing that I notice about this is 

that these tanks weren’t purchased. They are leased. And at any 

moment they can turn them back in and have the ultimate excuse 

to further close the doors. 

Mr. FLEMING. OK. Good. I appreciate your response. 

OK. Back to Dr. D’Angelo and Mr. Daak, another question. Why 

is it important that the National Memorial and the remaining 

World War II structures be preserved in the future? 

Mr. D’ANGELO. Well, the memory of the Battle of Midway speaks 

even beyond the battle itself. It talks about the courage, the bravery, and a pivotal battle in World War II. And, as a result of that, 

the only way to perpetuate a memory is by having the public visit 

there. One of our ideas was to have a Midway museum with artifacts, maybe get a PBY to take people around, et cetera. 

And so the important thing is to perpetuate the history because, 

without the history and its inspiration, Americans are the losers. 

And even though it is distant, there are two feasibility studies that 

show that the private sector can perform their work adequately out 

at Midway and make a profit. 

And the destruction of the fuel tanks puts a death knell on future public visitation, at least for the private sector. If they want 

public visitation with the loss of those tanks, Congress will get hit 

for more money. And so more money will be lost. 

Mr. FLEMING. Yes. I understand. 

Mr. D’ANGELO. Right. 

Mr. FLEMING. In your opinion, are these structures any less important than, say, the historical structures at Gettysburg or the 

Battle of Antietam or Vicksburg? 

Mr. D’ANGELO. Not at all. And every structure plays a role in the 

memory of Midway. 

41 

Mr. FLEMING. OK. Is Midway any less important—well, I think 

I have covered that well enough as it is. 

Mr. Daak, do you have anything you would like to add? 

Mr. DAAK. Well, I would like to say that I was there for the entire duration of the Midway Phoenix visitor program. I witnessed 

it working hand in hand where people were interested in wildlife, 

further assisted wildlife ventures. 

And we were limited to 100 visitors a week. We weren’t using jet 

skis in the lagoon. In fact, we weren’t even allowed to permit 

kayaks in the lagoon for fear that oars could hit a turtle. 

These are extreme deals to us that—— 

Mr. FLEMING. So let me encapsulate something in the time I 

have left, and you can add after that. 

So, basically, what we are looking at, if we had a for-profit or certain private enterprise there, it would take the burden off the taxpayer to maintain this, it would bring visitors in, of course, just 

like we like to go to the war memorials on Guam and Honolulu, 

and, of course, they bring their money, which helps maintain the 

infrastructure. 

And certainly we can put in place the kind of restrictions so that 

they are not using this as a Caribbean cruise, but actually a hallowed ground, a sacred ground. 

So we could actually create the money and unburden the taxpayers, which gets to be a heavier burden every year. We could actually do it in a way that would really honor it and honor those 

who sacrificed their lives and sacrificed many things in the effort 

to turn that war around, that we eventually won. It seems to me 

that that is a win-win situation. 

Mr. DAAK. That is exactly how I feel about it. 

Mr. FLEMING. And at the end of the day, the problems that befall 

that island, particularly, say, the birds who are swallowing plastics, that is there now. It is happening now, and it probably always 

will be a problem until we come up with a solution for that 

problem. 

Mr. DAAK. Yes. Right. 

Mr. FLEMING. Yes, sir. 

Mr. D’ANGELO. Yes. I would just like to add one additional feature to the Congressman about what Midway Phoenix had to face. 

The beaches, as you already know, on Midway are beautiful. And 

so the endangered species, Hawaiian Monk seal, is listed. 

Fish and Wildlife could not get the Hawaiian Monk seal to habitat on Midway, and what they did is they went to the neighboring 

island and transported a few of them over to Midway and then 

closed the beaches to the public. 

So these were some of the things—you will never get the private 

sector to work out at Midway if you have to face Draconian measures like Fish and Wildlife imposed on Midway Phoenix. 

Mr. FLEMING. And my time is up. And I—yes. 

I yield to the gentlelady. 

Ms. BORDALLO. Thank you very much, Mr. Chairman. 

This really isn’t for anybody to answer, but I just want to make 

a statement after hearing everything this morning. 

I wanted to read part of an email that my staff received from Mr. 

Dan Clark, who is the refuge manager at Midway Atoll. And, as 

42 

Mr. Foerster mentioned, Dan had served for 33 years in the U.S. 

Coast Guard and the Coast Guard Reserve. 

And I wish to tell the gentlemen that I have visited Midway and 

I have been many times on Wake Island. I am from Guam. You 

know, that is a stopping-off point once in a while for us, but I did 

take a codel to Midway several years ago. 

And I want to quote what Mr. Clark says: 

‘‘We take great pride in the memorials, and they are the 

centerpiece for regular events held on Midway Atoll to 

commemorate significant events and holidays, example, 

Memorial Day, the Battle of Midway, and Veterans Day. 

And, additionally, the albatrosses are tied to this place. 

They are very important. They were here before people resided on the atoll, were present during the significant 

events of the military era, and are part of the fabric that 

makes up Midway Atoll. 

Veterans remember their interactions with albatrosses all 

the time. The combination of albatrosses and the other 18 

species of birds that depend on the atoll and the recognition of the historic significance of the place is an example 

of how special the place is. 

We are proud to serve both at Midway Atoll National 

Wildlife Refuge and Battle of Midway National Memorial.’’ 

And I want to say, as I said in my opening statement, if any 

member of this committee is unsatisfied with the management of 

historic resources at Midway, I invite him to join me in signing a 

letter to the Appropriations Committee requesting additional funding to do the job right. 

I think there is a place for the Department of Interior and their 

role there, the Fish and Wildlife Refuge, and also for a certain 

amount of visitation rights for people to come to Midway. 

And, with that, I end and I turn back my time. Thank you. 

Mr. FLEMING. Gentlelady yields back. 

I recognize the gentleman from Michigan. 

Mr. BENTIVOLIO. Thank you again, Mr. Chairman. 

Earlier, at the beginning of this hearing, Mr. Foerster, you indicated to the Chairman that you were going to consult with the 

International Midway Memorial and other people in how to figure 

out some kind of harmony on where we can have business as well 

as an environment that is safe and secure. 

Can you tell me what your definition of ‘‘consult’’ means. I mean, 

explain what you mean by the word ‘‘consult.’’ I haven’t seen any 

of it in the past, according to the records. Actually, the gentleman 

pointed it out. It was very Draconian. 

Mr. FOERSTER. Well, sir, I would acquiesce to a dictionary for the 

formal definition of ‘‘consult.’’ But as directed by Congress and the 

law, ‘‘consult’’ means communicate. It means open regular—— 

Mr. BENTIVOLIO. Yes, but it doesn’t really mean for you—or it 

seems like not you personally, I apologize for that—but for the 

Agency, it is basically you telling them what is going on and what 

you are going to do. I mean, that is my experience with Federal 

agencies. It is basically, ‘‘These are the rules. We made them up. 

43 

This is how we are going to do it. This is how we interpret it. You 

will do this.’’ 

Look, in my state, I am surrounded by more fresh water than almost most countries in the world, the Great Lakes. And, yet, if 

with the stress that we have on our fisheries and the oceans, I 

have to go through 13 different Federal and state agencies to build 

a fish farm. And the biggest hurdle is the Fish and Wildlife 

Service. 

You are helping, the Federal Government is helping, to keep employment at low rates in this country. That is the number one biggest problem I see in our employment and our economy, is the 

Federal and state agencies involved. 

Now, we understand you have some good ideas and we are willing to listen. And I can tell these two gentleman over here, they 

want to do the right thing. Their heart is in the right place. But 

it seems like you want it all way. 

We have got to turn everything back to the way it was and, if 

we did that, well, we wouldn’t be growing corn in the United 

States—or—excuse me—that is the opposite—they wouldn’t be 

growing it in Europe. Corn was a natural here. 

Thank you very much, Mr. Chairman. 

Mr. FLEMING. OK. The gentleman yields back. 

Before closing, I would again like to thank our witnesses for 

participating in this important hearing. 

I would ask unanimous consent to submit for the record the 

letter Congressman Duncan of Tennessee and I wrote to the 

Government Accountability Office, the 2010 Historic Preservation 

Plan for the refuge, IMMF Feasibility Study, a document entitled 

‘‘To Create Sound Fiscal Policy for the Midway Atoll at No 

Taxpayers Expense,’’ and a Removal Action Work Plan, a document 

on the removal of lead-based paint from structures on the island. 

In the final analysis, it is clear that in the terms of stewardship, 

the Fish and Wildlife Service made a priority of conserving and 

protecting the very species of birds living on the island. 

However, the Service gets a failing grade for their lack of a visitors program and for allowing the historic World War II structures 

on Midway to deteriorate. 

I would remind the Agency that one of the purposes of the refuge 

was to recognize and maintain the historic significance of Midway 

Atoll. I do not know how you do that if many of the structures have 

either been destroyed or targeted for demolition. 

And, again, we do not have an unending pile, stash, if you will, 

of dollars. We are $18 trillion in debt. So just throwing more money 

at this issue will not solve it. 

It was a mistake to make Midway Island a national wildlife refuge. The Fish and Wildlife Service did not have the interest, expertise, or desire to protect the historic resources on this island. This 

is sacred ground where young American Marines and Navy personnel gave their lives to ensure freedom for this Nation. 

As Admiral Walter Lord reminds those who read the Battle of 

Midway Memorial: They had no right to win; yet, they did. And, 

in doing so, they changed the course of a war, even against the 

greatest of odds, a magic blend of skill, faith, and valor that can 

lift men from certain defeat to incredible victory. 

44 

I want to thank Members and staff for their contributions to this 

hearing. 

If there are no further business, without objection, the subcommittee stands adjourned. 

[Whereupon, at 12:33 p.m., the subcommittee was adjourned.] 

[ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD]

PREPARED STATEMENT OF THE FRIENDS OF MIDWAY ATOLL

NATIONAL WILDLIFE REFUGE

Chairman Fleming, Ranking Member Sablan and members of the subcommittee, 

thank you for the opportunity to submit this written statement. The Friends of 

Midway Atoll National Wildlife Refuge is an association of supporters and former 

residents of Midway Atoll. Our mission is to support the Midway Atoll National 

Wildlife Refuge in its efforts to preserve, protect and restore the biological diversity 

and historical resources of Midway Atoll while providing opportunity for wildlifedependent recreation, education and scientific research. We support the U.S. Fish 

and Wildlife Service as a conservator of both history and wildlife at Midway. We 

also strongly support the re-opening of Midway to visitors in ways compatible with 

the wildlife and historical preservation mission of the Refuge. 

Just this past year, Friends of Midway provided partial funds for Refuge projects 

that supported the preservation of historical and natural resources at Midway: the 

invasive weed Verbesina has been almost eliminated from Eastern Island; shorttailed albatross, a species once thought to be extinct, have been breeding at Midway 

and managers can observe their movements using remote cameras and; murals depicting military life that were at risk from the elements at Midway were transported to Hawai‘i and stabilized by art restoration experts. 

USFWS managed a very successful visitor program at Midway between 2008 and 

2012 but the visitor program was ended due to budget cuts. Any program that 

would start up now at no cost to the taxpayer will necessarily be expensive. This 

was not the case in the late nineties but several main factors have changed. The 

commercial airline that served Midway closed due to bankruptcy. In order to conserve funds, USFWS has reduced the footprint at Midway and there is no longer 

the capacity for large numbers of visitors that could provide an economy of scale 

to reduce costs. Furthermore, large numbers of visitors would be detrimental to both 

the historical monuments and the wildlife at Midway. 

The historical monuments at Midway are important and Friends of Midway fully 

supports taxpayer funds paying for veterans to visit Midway for memorial services 

and special ceremonies. However, a well-run visitor program open to all that protects both the historical and natural resources of the Atoll will have to be adequately funded—and that includes providing USFWS with enough funds to provide 

for the staff necessary to oversee a visitor program. The current budget does not 

allow for a visitor program. 

Friends of Midway are disappointed that the committee did not invite witnesses 

from the very successful visitor program between 2008–2012 or anyone that supports the work of the USFWS at Midway. We hope that in future discussions of this 

issue voices that support the U.S. Fish and Wildlife Service and the wildlife at 

Midway will have a chance to be heard. 

U.S. HOUSE OF REPRESENTATIVES,

COMMITTEE ON NATURAL RESOURCES, 

WASHINGTON, DC 20515 

JULY 8, 2014. 

The Honorable Gene L. Dodaro, 

Comptroller General of the United States, 

Government Accountability Office, 

441 G St. NW, 

Washington, DC 20548. 

Dear Comptroller General Dodaro: 

We would like to formally request that the Government Accountability Office conduct a comprehensive analysis and report to the Congress on the management of 

45 

the financial and historic aspects of Midway Atoll by the U.S. Fish and Wildlife 

Service (USFWS). We are concerned about possible mismanagement by USFWS 

based on information that has recently come to our attention. 

We submit the following background information: 

• USFWS gained jurisdiction over Midway in 1996 when the Atoll was 

transferred to the Service by the U.S. Navy. 

• In 2000, President Clinton signed a bill designating the entire Midway Atoll 

as a National Memorial (Public Law 106–113, Appendix C, Sect. 126). 

• Sect. 126 requires the Secretary of Interior to consult on a regular basis with 

the International Midway Memorial Foundation (IMMF) on the management 

of the National Memorial. 

• Eco- and historical tourism have been an integral part of USFWS’ public 

policy toward Midway. 

• A private company administered all services on Midway under the 

supervision of the USFWS from 1997–2002 at no taxpayer expense. 

• For many years, Midway Atoll has been utilized as an emergency landing site 

for trans-Pacific flights. 

According to photographic evidence obtained by the committee, USFWS apparently has improperly demolished four historic cable buildings and other structures 

on Eastern and Sand islands that were protected by the Midway National Memorial 

designation. 

In addition, it appears that the costs of operating Midway have risen exponentially since the private concessionaire departed in 2002. Moreover, since November 

2013, Midway Atoll has been closed to the general public. Finally, we have been advised that USFWS is planning to destroy two large fuel tanks on Sand Island, which 

apparently would make any future public access to Midway—whether for tourism 

or emergency aircraft landing—virtually impossible. 

We are, therefore, requesting a comprehensive study by the Government Accountability Office which would include the following important components: 

• A financial audit of USFWS revenues and operating costs related to the 

management of Midway Atoll. 

• An accounting of all buildings and structures that have been destroyed, 

without due process as required in Public Law 106–113, and the cost of these 

removals. 

• Information on any plans to destroy the remaining fuel tanks, and any other 

structures including the justification for their removal. 

• The current status of Midway as an alternate emergency landing site for 

trans-Pacific flights, and what impact the destruction of the fuel tanks would 

have on this capability. 

• Documentation of the physical appearance of Midway Atoll, including areas 

on which the cable buildings, as well as other historical structures, were 

situated. 

• The history of public access to this refuge since it was established and the 

lands that were incorporated within the National Wildlife Refuge System. 

• Documentation on whether the Secretary of Interior has sought, or attempted 

to seek, the input of the International Midway Memorial Foundation as 

directed in Public Law 106–113. 

We look forward to hearing from you on when GAO can initiate this investigation 

and how long it would take to complete this important effort. Should you have any 

questions, please feel free to contact Garth Van Meter of Congressman John 

Fleming’s staff who is the contact person on this comprehensive review. 

Sincerely, 

JOHN FLEMING, M.D., 

Chairman, Subcommittee on Fisheries, 

Wildlife, Oceans and Insular Affairs. 

JOHN J. DUNCAN, JR., 

Member of Congress. 

46 

47 

48 

IMMF Midway Feasibility Study 

A DOCUMENT TO CREATE SOUND FISCAL POLICY FOR THE MIDWAY 

ATOLL AT NO TAXPAYERS EXPENSE 

We begin by mentioning the basic rule that any justifiable fiscal policy should enjoy 

the strong desire and commitment by those in charge of the policy to ensure its 

success. 

Midway Atoll is unique in that it is at the same time both a Wildlife Refuge and 

a National Memorial. Its islands offer to the public beautiful beaches and sunsets, 

excellent opportunities for boating and fishing, and a significant natural and historic 

49 

resource. Of critical importance is that its airport remain an alternate landing site 

for extended twin-engine operations (ETOPS) in the north central Pacific, and for 

search and rescue missions run by the U.S. Coast Guard. All of the foregoing factors 

must be kept in mind when creating any operating plan for the Midway Atoll. 

This document includes a cost/revenue statement for the month of July 2001, the 

only month in its six-year tenure in which the Midway Phoenix Corporation (MPC) 

made a profit while administrating the Midway Atoll. An analysis of this statement 

and some overall recommendations will follow. 

STATEMENT OF OPERATIONS by MPC for July 2001: 

Revenues: 

Guest Operations: 

Lodging .............................................................................................. $124,836.95 

Per Diem Lodging ............................................................................. 20,815.00 

Clipper House Sales ......................................................................... 18,991.40 

Galley Sales ...................................................................................... 27,465.72 

Bike and Cart Rental ....................................................................... 14,237.50 

Tavern Sales ..................................................................................... 9,222.25 

Gift Shop Sales ................................................................................. 19,881.15 

General Store Sales .......................................................................... 13,675.48 

Long Distance Revenue .................................................................... 8,275.19 

Fishing and Diving Revenues .......................................................... 58,073.97 

Internet Revenue .............................................................................. 1,061.65 

Mini Bar Sales .................................................................................. 2,723.75 

Total Guest Revenues: ..................................................................... $319,260.01 

Air Transport Revenues: 

Airfare ............................................................................................... $ 3,439.05 

Shipping and Weight Revenue ........................................................ 2,820.00 

Total: ................................................................................................. $ 6,259.05 

Fuel, Airport and Equipment Operations: 

Dockage Service Income ................................................................... $ 210.00 

Fuel Sales—Aircraft ......................................................................... 69,694.65 

Fuel Sales—Boats ............................................................................. 39,236.81 

Fuel Sales—FWS .............................................................................. 952.00 

Landing Fees .................................................................................... 5,960.00 

Total Fuel, Airport & Equipment: .................................................. $116,053.46 

All Other Revenue: 

Employee Recreation Revenue ........................................................ $ 11,760.00 

Medical Billings Guests ................................................................... 2,851.00 

Miscellaneous Revenue .................................................................... 35,979.40 

Boeing Support ................................................................................. 66,000.00 

Total All Other Revenues: ............................................................... $116,590.40 

TOTAL REVENUES FOR JULY 2001: .......................................... $558,162.92 

50 

Transportation: 

Aloha Charter Expense .................................................................... $ 85,200.00 

Aloha Fees and Expenses ................................................................ 8,123.21 

Vessel and Boat Expense ................................................................. 7,379.52 

Total Transportation: ....................................................................... $100,702.73 

Travel: 

Airplane Tickets ............................................................................... $ 13,316.58 

Travel ................................................................................................ 7,472.39 

Recruiting Services ........................................................................... 643.84 

Total Travel: ..................................................................................... $ 21,432.81 

Fuel Consumed by Fixed Base ........................................................ $ 30,275.28 

Fuels Consumed by MPC Vehicles ................................................. 2,850.35 

Galley and Cost of Food ................................................................... 18,290.72 

Satellite and Fixed Telephone ......................................................... 677.22 

Telephone Long Distance ................................................................. 1,249.67 

Telephone Supplies and Equipment ............................................... 379.75 

Material, Supplies and Maintenance .............................................. 15,913.08 

Airport Expense ................................................................................ 984.00 

Medical Supplies ............................................................................... 1,807.68 

Freight ............................................................................................... 1,753.85 

Office Supplies .................................................................................. 1,009.31 

Employee Recreation Expense ......................................................... 745.42 

Total General Island Support: ......................................................... $ 75,936.33 

All Other Expenses: 

Advertising ........................................................................................ $ 3,148.99 

Professional Services ........................................................................ 1,122.19 

Phoenix Services ............................................................................... 11,000.00 

Taxes and Licenses ........................................................................... 10.00 

Bank and Card Fees ......................................................................... 1,011.91 

Miscellaneous Expenses ................................................................... 1,180.16 

Lease Expense to MDY .................................................................... 22,800.00 

Total All Other Expenses: ................................................................ $ 40,273.25 

Total Expenses: ................................................................................. $444,759.94 

Total Revenues: ................................................................................ 176,232.48 

Total Net Loss: ................................................................................. $268,528.46 

ANALYSIS: 

The purpose of presenting a low-tourist month for analysis becomes obvious when 

one looks at the financial data for the month of January 2000: that is, it demonstrates that tourism to Midway is essential for the financial viability of the 

Midway Islands. 

The net loss for operating Midway Atoll in January 2000 was $268,538.46. The loss 

rises to $372,951.48 if one excludes the revenues from tourism and visitors. Total 

fuel sales for that month were $35,907.99, which is pale in comparison to the 

revenues from Guest Operations ($104,423.02). 

Again, the striking conclusion is that tourism is vital to the financial success of 

Midway Atoll and that fuel sales fall far short in making the Atoll financially 

solvent. 

51 

1The IMMF wishes to stress that it has no financial or other relationship with Midway Phoenix Corporation. The use of the financial information is for the sole purpose of demonstrating 

that Midway Atoll can be operated on a sound fiscal policy if reasonable rules of operation and 

restrictions apply. 

To this end, it is imperative that an experienced, committed entity be in charge of 

the total operations at Midway Atoll. All of its individual revenue sources are invariably linked and, as such, must be under one chain of command. Anything less 

will result in financial failure, leading inevitably to the closure of the airport, as 

well as to the closure of the Midway Atoll itself. 

TOTAL REVENUES: ....................................................................... $558,162.92 

TOTAL EXPENSES: ........................................................................ $532,025.22 

NET PROFIT: ................................................................................... $ 26,137.70 

JULY 2001 

ANALYSIS OF THE REVENUE/EXPENSE STATEMENT FOR THE MONTH 

OF JULY 2001: 

Based on the above revenue/expense statement, one can conclude that it is possible 

to make a profit in the operations of Midway Atoll if reasonable rules of governance 

are applied. July 2001 was chosen because it was the only month MPC made a profit. July was also chosen because it is a peak tourist month and one in which a cruise 

ship did not visit Midway. A cruise ship visitation during this time period could 

have substantially increased the revenues. This same source of revenues was lessened when the U.S. Fish and Wildlife Service (USFWS) increased the restrictions 

for visiting cruise ships. 

From the above revenue/expense statement, it is also clear that fuel sales alone are 

insufficient to offset the administrative expenses ($532,658.91) of running Midway. 

It is therefore axiomatic that, based on the foregoing data, all of Midway Atoll’s assets be utilized to ensure its financial viability. For this reason, the Midway Atoll 

should be viewed as a ‘‘histo-eco-tourist’’ destination. 

Along these lines, it is important that the Midway Airport continue to maintain its 

Type 139 certification by the Federal Aviation Association (FAA) to ensure that the 

airport: (1) continues to act as an extended range alternative landing site for twinengine aircraft (ETOPS) which cross the north central Pacific; (2) continues to be 

available to the U.S. Coast Guard’s search and rescue missions and (3) continues 

to ensure the ‘‘histo-eco-tourism’’ status of the Atoll. 

Specifically, the FAA requires a Type 139 Airport Certification for ‘‘the operation of 

land airports which serve any scheduled or unscheduled passenger operation of an 

air carrier that is conducted with an aircraft having a seating capacity of more than 

30 passengers.’’ Without this certification, a sound fiscal policy is impossible. 

There are a potential number of other sources of revenue that are ‘‘histo-eco-tourist’’ 

friendly. These resources can be developed if this document is found to be acceptable 

to Assistant Secretary of Interior, Judge Craig Manson. 

Critical to the long-range success of operating Midway is a prior written statement 

by the USFWS/DOI which delineates the specific rules of operation and restrictions 

before a contract with the private sector is agreed upon. This statement is absolutely necessary so that the rules of the operation and restrictions are not changed 

after the fact, which has led us to where we are today. 

Moreover, a complete financial picture requires a thorough study to determine the 

cost of upgrading Midway’s infrastructure to standard operational levels, as well as 

the maintenance costs of such infrastructure. 

To conclude, the International Midway Memorial Foundation (IMMF) would recommend a permanent Advisory Board of Governors including the USFWS, National 

Park Service (NPS), International Midway Memorial Foundation, U.S. Coast Guard, 

U.S. Navy, FAA and the private sector corporation operating Midway Atoll. This 

Board would be responsible for overseeing the best interests of Midway and report 

back to the DOI quarterly in its first year of operation. 

The International Midway Memorial Foundation (IMMF) is privileged to have had 

the honor of preparing this document for Judge Manson’s review. The Foundation 

also expresses its special appreciation to the Midway Phoenix Corporation 1 for its 

assistance in providing and explaining the financial statements included above, and 

52 

to the Boeing Corporation for its support and willingness to assist in the production 

of this document. 

Prepared by the Board of Directors and Trustees of the International Midway 

Memorial Foundation on January 8, 2003. 

James M. D’Angelo, M.D. 

President/International Midway Memorial Foundation 

ADDENDUM: 

STATEMENT OF OPERATIONS FOR MPC 

JANUARY 2000 

Revenues: 

Guest Operations: 

Lodging .............................................................................................. $ 33,459.21 

Per Diem Lodging ............................................................................. 1,300.00 

Transient Lodging ............................................................................ 17,070.00 

Clipper House Sales ......................................................................... 2,881.49 

Galley Sales ...................................................................................... 21,736.51 

Tavern Sales ..................................................................................... 1,201.25 

Gift Shop Sales ................................................................................. 6,189.95 

General Store Sales .......................................................................... 7,747.42 

Long Distance Revenue .................................................................... 9,519.19 

Bike and Cart Rental ....................................................................... 3,080.00 

Mini Bar Sales .................................................................................. 238.00 

Total Guest Operations Revenue: ................................................... $104,423.02 

Air Transport Revenue: 

Airfare ............................................................................................... $ 21,285.91 

Shipping and Weight Revenue ........................................................ 3,891.68 

Total Air Transport Revenue: .......................................................... $ 25,177.59 

Fuel, Airport and Equipment Operations: 

Fuel Sales—Aircraft ......................................................................... $ 31,002.08 

Fuel Sales—Boats ............................................................................. 5.40 

Fuel Sales—OSE .............................................................................. 167.50 

Fuel Sales—FWS .............................................................................. 354.00 

Landing Fees .................................................................................... 1,979.01 

ETOPS ............................................................................................... 2,400.00 

Total Fuel, Airport & Equipment: .................................................. $ 35,907.99 

53 

NW Demolition and Environmental,

A Joint Venture

7. DEMOLITION 

7.1 General Demolition 

The general demolition project sequence includes: 

1. Abatement of environmentally controlled materials (LBP and ACM); 

2. Salvage of re-usable components; 

3. Demolition of the upper structure down to slab level; 

4. Demolition of slab and footings; 

5. Backfilling/grading with clean un-compacted sand; and 

6. Other site restoration items and final site cleanup. 

The wood framed Midway structures will be demolished with a 29-ton excavator 

fitted with a rotating grapple and/or bucket and thumb (or similar machine). NWDE 

will separate unpainted wood from non-recyclables as reasonably achieved with this 

heavy equipment. 

Care will be taken to maintain the materials within the building footprint. The goal 

of this initial bulk demolition process is to lower the materials to the ground in a 

safe and controlled fashion, limiting the production of fugitive dust and the risk of 

54 

flying debris. Sites that include slab removal will be restored to grade with uncompacted clean sand to promote rapid habitat restoration. 

The wood-framed structures will be sorted into painted and unpainted wood. 

Painted wood will be hauled to the R-2 unit and treated with MAECTITE for disposal. Unpainted wood has the potential to be stockpiled with green waste and recycled on island. Due to the presence of nails and other mechanical connection items 

contained within the unpainted wood, this option may not be feasible. 

Before performing any onsite fieldwork on Midway, NWDE will complete a 

Decommissioning/Inspection Form that highlights all the known potential issues 

that may exist. This form is initialed by the FWS PM or designated representative 

to attest to the awareness of these factors. Typically on a project site, all power (i.e., 

energetic) is deactivated prior to work commencement. 

7.2 AST Demolition 

The ASTs in DU8 scheduled for demolition will be accessed using an excavator/ 

shear. The excavator will begin peeling strips from the exterior of the tanks. Shears 

will be used to minimize demolition volume and maximize recycling and reuse of 

materials. The tanks will be cut into manageable strips sized proportionately for 

transport, typically less than 20 feet in length using hydraulic shears or cutting 

torches. After the walls of the tank have been sufficiently removed, the floating roof 

residing at the bottom of the tanks will be processed. The tank steel will be stockpiled onsite until the end of the project and finally transferred to the chosen recycler 

by NWDE. 

7.3 Waste Management 

Materials from the Midway demolition activities will be separated to the greatest 

degree possible with specialized heavy equipment. Materials will be processed onsite 

to the degree possible to minimize transportation requirements. The following summarizes the general management of demolition materials generated on this project. 

7.3.1 Clean Structural and Vegetative Wood Wastes 

Clean structural wood (free of LBP and ACM) from the demolition of select buildings that can be separated from other demolition debris will be stockpiled with vegetation in a location on Site mutually agreed upon between NWDE and FWS for later 

processing. The final disposition of the material has not been determined although 

preliminary plans include downsizing the material and potentially grinding into 

mulch. 

7.3.2 Metal Demolition Debris 

Metals that can be separated from other demolition debris will be stockpiled in the 

existing ‘‘bone yard’’ immediately east of the Seaplane hangar. The metal demolition 

debris may be reduced in size and packed into containers or alternatively transported in its current state. The metal demolition debris will be barged off Site to 

a recycling facility by NWDE. 

55 

[LIST OF DOCUMENTS SUBMITTED FOR THE RECORD RETAINED IN THE

COMMITTEE’S OFFICIAL FILES]

10–08–2014—Mr. James M. D’Angelo, M.D., USAF, Chairman and 

Founder, IMMF letter to Citizen’s Stamp Advisory Committee 

11–20–2014—Chairman Fleming, Congressman Jeff Duncan letter 

to Citizens Stamp Advisory Committee 

11–23–2014—Ms. Bonnie Campbell letter to Chairman Fleming 

12–06–2014—Mr. Richard H. Batcheldor letter to Chairman 

Fleming 

Æ