Administration of the Midway Islands

Executive Order 13022 of October 31, 1996

Administration of the Midway Islands

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 48 of the Hawaii Omnibus
Act, Public Law 86-624, and section 301 of title 3,
United States Code, it is hereby ordered as follows:

Section 1. The Midway Islands, Hawaiian group, and
their territorial seas, located approximately between
the parallels of 28 degrees 5 minutes and 28 degrees 25
minutes North latitude and between the meridians of 177
degrees 10 minutes and 177 degrees 30 minutes West
longitude, were placed under the jurisdiction and
control of the Department of the Navy by the provisions
of Executive Order 199-A of January 20, 1903, and Part
II of Executive Order 11048 of September 4, 1962, and
are hereby transferred to the jurisdiction and control
of the Department of the Interior. The provisions of
Executive Order 199-A of January 20, 1903, and the
provisions of Executive Order 11048 of September 4,
1962, that pertain to the Midway Islands are hereby
superseded.

Sec. 2. The Midway Islands Naval Defensive Sea Area and
the Midway Islands Naval Airspace Reservation are
hereby dissolved. The provisions of Executive Order
8682 of February 14, 1941, as amended by Executive
Order 8729 of April 2, 1941, are hereby superseded.

Sec. 3. (a) The Secretary of the Interior, through the
United States Fish and Wildlife Service, shall
administer the Midway Islands as the Midway Atoll
National Wildlife Refuge in a manner consistent with
Executive Order 12996 of March 25, 1996, for the
following purposes:

(1) maintaining and restoring natural biological
diversity within the refuge;
(2) providing for the conservation and management
of fish and wildlife and their habitats within the
refuge;
(3) fulfilling the international treaty obligations
of the United States with respect to fish and wildlife;
(4) providing opportunities for scientific
research, environmental education, and compatible
wildlife dependent recreational activities; and
(5) in a manner compatible with refuge purposes,
shall recognize and maintain the historic significance
of the Midway Islands consistent with the policy stated
in Executive Order 11593 of May 13, 1971.
(b) The Secretary of the Interior shall be
responsible for the civil administration of the Midway
Islands and all executive and legislative authority
necessary for that administration, and all judicial
authority respecting the Midway Islands other than the
authority contained in 48 U.S.C. 644a.

Sec. 4. Any civil or criminal proceeding that is
pending under the Midway Islands Code, 32 CFR Part 762,
upon the date of this order, shall remain under the
jurisdiction of the Secretary of the Navy. Actions
arising after the date of this order are the
responsibility of the Secretary of the Interior and
shall be administered pursuant to regulations
promulgated by the Secretary of the Interior.

Sec. 5. To the extent that any prior Executive order or
proclamation is inconsistent with the provisions of
this order, this order shall control.

Sec. 6. Nothing in this order shall be deemed to
reduce, limit, or otherwise modify the authority or
responsibility of the Attorney General of the United
States to represent the legal interests of the United
States in civil or criminal cases arising under the
provisions of 48 U.S.C. 644a.

THE WHITE HOUSE,

October 31, 1996.