SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Midway Atoll Trust 
Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The most decisive battle of World War II 
took place at the Midway Atoll on June 4, 1942. 
(2) In 1993, the Navy determined that 78 prop-
erties at the Midway Atoll were eligible, including 
the nine properties that were designated as National 
Historic Landmarks in 1987, for inclusion in the 
National Register of Historic Places. 
(3) The Midway Atoll was designated a Na-
tional Memorial in 2000. 
(4) The Midway Atoll has been managed by a 
public/private partnership through the Midway Phoe-
nix Corporation (1996–2002) at minimal expense to 
the Federal Government. 
(5) The Midway Atoll was declared a national 
wildlife refuge in 1996. 
(6) The Midway Atoll has been closed to public 
visitation since November 2012. 
(7) The Government Accountability Office in-
vestigation reported in 2016 that three historic 
properties at the Midway Atoll were destroyed with-
out proper consultation. 
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(8) The United States Fish and Wildlife Service 
disregarded until 2015 the requirements of section 
126 of the Department of the Interior and Related 
Agencies Appropriations Act, 2000 (113 Stat. 
1501A–164), which specifically directed the Sec-
retary of the Interior to consult with the Inter-
national Midway Memorial Foundation on a regular 
basis regarding the management of Midway Atoll 
National Memorial. 
(9) The United States Fish and Wildlife Service 
continues to demolish buildings and structures at 
the Midway Atoll by failing to maintain them. 
(10) The Government Accountability Office was 
not able to prepare a report on the finances of Mid-
way Atoll because the budget data available from the 
United States Fish and Wildlife Service from 2009 
through 2015 was of undetermined reliability for the 
purposes of submitting an evaluation. 
SEC. 3. TRANSFER OF AUTHORITY OVER MIDWAY ATOLL. 
All administrative jurisdiction and authority of the 
Department of the Interior to manage national wildlife 
refuges on the Midway Atoll under the National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 
668dd, 668ee) and any other Federal law is transferred 
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to and vested in the Board of Governors of the Midway 
Atoll established under section 4. 
SEC. 4. MIDWAY ATOLL TRUST. 
(a) ESTABLISHMENT.—There is established the Mid-
way Atoll Trust (in this section referred to as the 
‘‘Trust’’) to oversee the operations of Midway Atoll. 
(b) AUTHORITIES.— 
(1) IN GENERAL.—The Trust may award and 
manage contracts to provide for the management 
and operation of Midway Atoll. 
(2) BOARD
OF
GOVERNORS
APPROVAL
RE-
QUIRED.—All policies and decisions of the Trust re-
lating to the management of Midway Atoll shall be 
subject to the approval by the Board of Governors 
of the Midway Atoll. 
(c) BOARD OF GOVERNORS.— 
(1) ESTABLISHMENT.—There is established the 
Board of Governors of the Midway Atoll (in this Act 
referred to as the ‘‘Board’’), consisting of— 
(A) one member appointed by the Director 
of the National Park Service; 
(B) one member appointed by the Inter-
national Midway Memorial Foundation; 
(C) one member appointed by the Sec-
retary of the Navy; 
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(D) one member appointed by the Federal 
Aviation Association; 
(E) one member appointed by the Com-
mandant of the Coast Guard; and 
(F) one member appointed by the Director 
of the United States Fish and Wildlife Service. 
(2) DUTIES.—The Board shall— 
(A) ensure that— 
(i) the Midway Atoll is efficiently op-
erated, from both a financial and adminis-
trative standpoint; and 
(ii) administration of the Midway 
Atoll as a National Memorial is a priority 
equivalent to the priority of its administra-
tion as a national wildlife refuge; 
(B) secure a private sector entity to oper-
ate and maintain the infrastructure of the Mid-
way Atoll and the public visitation program of 
the Midway Atoll, and ensure that— 
(i) the private sector is the main vehi-
cle for making the Midway Atoll solvent 
and profitable; and 
(ii) the private sector operates and 
maintains the infrastructure and public 
visitation program at the Midway Atoll on 
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a for-profit basis at minimal cost to the 
Government; 
(C) ensure that public visitation on Mid-
way Atoll is restored and conducted by the pri-
vate sector; and 
(D) ensure that Midway Atoll continues to 
operate as an emergency alternate landing field 
for trans-Pacific flights. 
(3) POWERS.—The Board— 
(A) shall have all necessary and proper 
powers for the exercise of its authorities; and 
(B) may enter into contracts with private 
sector entities for the operation of the Midway 
Atoll. 
(4) CHAIRMAN.—The Board shall have a Chair-
man who shall be selected annually by the Board 
from among its members in consecutive order. 
(5) ANNUAL REPORT.— 
(A) IN GENERAL.—The Chairman of the 
Board shall submit annually to the Committee 
on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and 
Natural Resources of the Senate a report on 
the financial and operational activities relating 
to the Midway Atoll. 
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(B) MEMBER ASSESSMENTS.—Each mem-
ber of the Board shall annually submit his or 
her assessment of such activities to the Chair-
man before the Chairman submits each report 
under subparagraph (A). 
(6) COMPENSATION AND EXPENSES.—Members 
of the Board shall serve without compensation for 
their service on the Board services, but shall be re-
imbursed for actual and necessary travel and sub-
sistence expenses incurred by them in the perform-
ance of their duties. 
(7) ATTENDANCE OF MEETINGS BY CONTRAC-
TORS.—Any person who enters into a contract with 
the Trust to carry out operations of Midway Atoll 
may attend meetings of the Board, but shall not 
have authority to vote in such meetings. 
(d) EXECUTIVE DIRECTOR AND STAFF.—The Trust 
shall have— 
(1) an executive director appointed by the 
Board; 
(2) senior managers who have experience in 
management, finance, historical preservation, fish 
and wildlife conservation, and airport management; 
and 
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(3) such additional staff as are necessary to 
properly manage Midway Atoll. 
SEC. 5. RESTORATION OF DEMOLISHED INFRASTRUCTURE. 
(a) IN GENERAL.—The Director of the United States 
Fish and Wildlife Service shall restore all infrastructure 
of the Midway Atoll that has been demolished and is nec-
essary for public visitation on the Midway Atoll. 
(b) FUEL TANKS.—Such restoration shall include re-
placement of two (2,000,000 gallon) fuel tanks that are 
essential for the sale of fuel and for the financial viability 
of the Midway Atoll. 
SEC. 6. GAO STUDY. 
The Comptroller General of the United States shall, 
every three years, conduct a comprehensive study of all 
activities on the Midway Atoll and report on such study 
to the Committee on Energy and Natural Resources, the 
Committee on Appropriations, and the Committee on En-
vironment and Public Works of the Senate and Committee 
on Natural Resources and the Committee on Appropria-
tions of the House of Representatives. 
Æ 
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