    [Public Papers of the Presidents of the United States: George W. Bush (2008, Book I)]
    [January 15, 2008]
    [Pages 90-91]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Presidential Exemption from the Coastal Zone Management
    Act
    January 15, 2008

    Memorandum for the Secretary of Defense and the Secretary of Commerce
    Subject: Presidential Exemption from the Coastal Zone Management Act
        By the authority vested in me as President by the Constitution and
    the laws of the United States, including section 1456(c)(1)(B) of title
    16, United States Code, and to ensure effective and timely training of
    the United States naval forces in anti-submarine warfare using mid-
    frequency active sonar:
        I hereby exempt from compliance with the requirements of section
    1456(c)(1)(A) of title 16 (section 307(c)(1)(A) of the Coastal Zone
    Management Act) those elements of the Department of the Navy's anti-
    submarine warfare training during Southern California Operating Area
    Composite Training Unit Exercises (COMPTUEX) and Joint Task Force
    Exercises (JTFEX) involving the use of mid-frequency active sonar. These
    exercises are more fully described in the Environmental Assessment/
    Overseas Environmental Assessment prepared for the Commander, United
    States Pacific Fleet, dated February 2007.
        On January 3, 2008, as modified on January 10, 2008, the United
    States District Court for the Central District of California determined
    that the Navy's use of mid-frequency active sonar was not in compliance
    with section 1456(c)(1)(A), and issued an order that is appealable under
    section 1291 or 1292 of title 28, United States Code. On January 11,
    2008, the Secretary of Commerce made a written request that the Navy be
    exempted from compliance with section 1456(c)(1)(A) in its use of mid-
    frequency active sonar during COMPTUEX and JTFEX. As part of that
    request, the Secretary of Commerce certified that mediation under
    section 1456(h) is not likely to result in the Navy's compliance with
    section 1456(c)(1)(A).
        I hereby determine that the COMPTUEX and JTFEX, including the use of
    mid-frequency active sonar in these exercises, are in the paramount
    interest of the United States. Compliance with section 1456(c)(1)(A)
    would undermine the Navy's ability to conduct realistic training
    exercises that are necessary to ensure the combat effectiveness of
    carrier and expeditionary strike groups. This exemption will enable the
    Navy to train effectively and to certify carrier and expeditionary
    strike groups for deployment in support of world-wide operational and
    combat activities, which are essential to national security.

                                                              George W. Bush

    Note: This memorandum was released by the Office of the Press Secretary
    on January 16.

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