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Background5
The facts have been stipulated and are so found. The
parties’ stipulations of fact are incorporated into our opinion
by this reference.
Johnston Island is located in the central Pacific Ocean
approximately 700 nautical miles west-southwest of Honolulu,
Hawaii, and it is the largest of four islands making up Johnston
Atoll. The U.S. Constitution and Insular Areas, GAO/OGC-98-5
(app. II), at 50-51 (Nov. 1997); 16 Encyclopedia Americana 147
(1998); 6 New Encyclopaedia Britannica 598 (15th ed. 1998).
Johnston Atoll is an unorganized, unincorporated insular
possession of the United States currently under the operational
control of the Defense Threat Reduction Agency (formerly known as
the Defense Nuclear Agency).6 Johnston Atoll has no local
government or native population. Act of Aug. 18, 1856, ch. 164,
11 Stat. 119, current version at 48 U.S.C. secs. 1411-1419
(1994); 5 U.S.C. sec. 5942a (1994); 5 C.F.R. sec. 591.402 (2001);
19 C.F.R. sec. 7.2 (2000); 50 C.F.R. sec. 32.7 (2000); 14 Op.
Atty. Gen. 608 (1873); 9 Op. Atty. Gen. 364 (1859); The U.S.
Constitution and Insular Areas, supra at 39-40, 50-51; U.S.
5We rely on judicial notice and stipulations of the parties
for statements describing Johnston Island and Johnston Atoll.
6Johnston Atoll, furthermore, is a national wildlife refuge
under the jurisdiction of the U.S. Department of the Interior.
Environmental Assessment, 57 Fed. Reg. 9278 (Mar. 17, 1992).
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