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EO 13022Executive OrderClinton · D

Executive Order 13022

Administration of the Midway Islands

This executive order transfers administration of the Midway Islands from the Department of the Navy to the Department of the Interior, dissolves the naval defensive sea area and airspace reservation, and establishes the islands as the Midway Atoll National Wildlife Refuge managed by the U.S. Fish and Wildlife Service. Pending legal cases remain with the Navy while new civil and criminal matters become Interior's responsibility.

Federal Register Open PDF 61 FR 56875

Impact dates

  1. Transfer of jurisdiction and dissolution of naval reservations takes effect

Key directives

  • Transfer Midway Islands jurisdiction from Navy to Interior
  • Dissolve Midway Islands Naval Defensive Sea Area and Naval Airspace Reservation
  • Administer Midway Islands as Midway Atoll National Wildlife Refuge via U.S. Fish and Wildlife Service
  • Maintain and restore natural biological diversity
  • Conserve and manage fish, wildlife, and habitats
  • Fulfill international treaty obligations for fish and wildlife
  • Provide scientific research, environmental education, and compatible wildlife-dependent recreation
  • Recognize and maintain historic significance per Executive Order 11593
  • Assume civil administration and executive/legislative authority for Midway Islands
  • Retain Navy jurisdiction over pending civil/criminal proceedings under 32 CFR Part 762
  • Interior assumes responsibility for post-order actions via new regulations

Who is ordered

Timeline

Immediate

  • Transfer of jurisdiction from Navy to Interior
  • Dissolution of Naval Defensive Sea Area and Naval Airspace Reservation
  • Superseding of Executive Orders 199-A, 11048, and 8682 provisions

Near term (90d)

  • Interior to promulgate regulations for civil administration
  • Transition of pending legal cases to remain with Navy

Long term

  • Ongoing wildlife refuge management and habitat restoration
  • Scientific research and environmental education programs
  • Historic preservation of Midway Islands

Risks & tensions

  • No explicit regulatory deadline for Interior to promulgate new administration regulations—timing uncertain
  • Split jurisdiction for pending vs. new legal cases may create procedural complexity during transition
  • 48 U.S.C. 644a judicial authority carve-out creates potential interagency coordination tension with Attorney General
  • Compatibility requirement between refuge purposes and historic preservation may generate management conflicts
Executive Order 13022: Administration of the Midway Islands · Executive Orders