I
105TH CONGRESS
1ST SESSION
H. R. 2800
To provide for a study of the establishment of Midway Atoll as a national
memorial to the Battle of Midway, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 4, 1997
Mr. DUNCAN introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for a study of the establishment of Midway Atoll
as a national memorial to the Battle of Midway, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Battle of Midway Na-
tional Memorial Study Act’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) September 2, 1997, marked the 52d anni-
versary of the United States victory over Japan in
World War II.
(2) The Battle of Midway proved to be the
turning point in the war in the Pacific, as United
States Navy forces inflicted such severe losses on the
Imperial Japanese Navy during the battle that the
Imperial Japanese Navy never again took the offen-
sive against United States or allied forces.
(3) During the Battle of Midway on June 4,
1942, an outnumbered force of the United States
Navy, consisting of 29 ships and other units of the
Armed Forces under the command of Admiral Nim-
itz and Admiral Spruance, outmaneuvered and out-
fought 350 ships of the Imperial Japanese Navy.
(4) It is in the public interest to study whether
Midway Atoll should be established as a national
memorial to the Battle of Midway to express the en-
during gratitude of the American people for victory
in the battle and to inspire future generations of
Americans with the heroism and sacrifice of the
members of the Armed Forces who achieved that
victory.
(5) The historic structures on Midway Atoll
should be protected and maintained.
SEC. 3. PURPOSE.
The purpose of this Act shall be to require a study
of the feasibility and suitability of designating the Midway
Atoll as a national memorial to the Battle of Midway with-
in the boundaries of the Midway Atoll National Wildlife
Refuge. The study of the Midway Atoll and its environs
shall include, but not be limited to, identification of inter-
pretive opportunities for the educational and inspirational
benefit of present and future generations, and of the
unique and significant circumstances involving the defense
of the island by the United States in World War II and
the Battle of Midway.
SEC. 4. STUDY OF THE ESTABLISHMENT OF MIDWAY ATOLL
AS A NATIONAL MEMORIAL TO THE BATTLE
OF MIDWAY.
(a) IN GENERAL.—Not later than 6 months after the
date of enactment of this Act, the Secretary of the Interior
shall, acting through the Director of the National Park
Service and in consultation with the Director of the United
States Fish and Wildlife Service, the International Mid-
way Memorial Foundation, Inc. (hereafter referred to as
the ‘‘Foundation’’), and Midway Phoenix Corporation,
carry out a study of the suitability and feasibility of estab-
lishing Midway Atoll as a national memorial to the Battle
of Midway.
(b) CONSIDERATIONS.—In studying the establish-
ment of Midway Atoll as a national memorial to the Battle
of Midway under subsection (a), the Secretary shall ad-
dress the following:
(1) The appropriate Federal agency to manage
such a memorial, and whether and under what con-
ditions to lease or otherwise allow the Foundation or
another appropriate entity to administer, maintain,
and fully utilize for use as a national memorial to
the Battle of Midway the lands (including any equip-
ment, facilities, infrastructure, and other improve-
ments) and waters of Midway Atoll if designated as
a national memorial.
(2) Whether designation as a national memorial
would conflict with current management of Midway
Atoll as a wildlife refuge and whether, and under
what circumstances, the needs and requirements of
the wildlife refuge should take precedence over the
needs and requirements of a national memorial on
Midway Atoll.
(3) Whether, and under what conditions, to per-
mit the use of the facilities on Sand Island for pur-
poses other than a wildlife refuge or a national me-
morial.
(4) Whether to impose conditions on public ac-
cess to Midway Atoll if designated as a national me-
morial.