    [Public Papers of the Presidents of the United States: George W. Bush (2008, Book II)]
    [January 6, 2009]
    [Pages 1520-1521]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on the Establishment of the Marianas Trench Marine National
    Monument, Pacific Remote Islands Marine National Monument, and the Rose
    Atoll Marine National Monument
    January 6, 2009

    Ensuring Navigations Rights and Freedoms, and the Global Mobility of
    U.S. Armed Forces in the World's Oceans

        On June 15, 2006, I established the Northwestern Hawaiian Islands
    Marine National Monument, and on May 15, 2007, I instructed the U.S.
    delegation to the International Maritime Organization to submit a
    proposal for international measures to enhance protection of the
    monument. On April 4, 2008, the International Maritime Organization
    adopted our proposal, and the Papahanaumokuakea Particularly Sensitive
    Sea Area (PSSA) was established.
        On this occasion of the establishment of the Marianas Trench Marine
    National Monument, the Pacific Remote Islands Marine National Monument,
    and the Rose Atoll Marine National Monument, I confirm that the policy
    of the United States shall be to continue measures established in the
    Papahanaumokuakea Marine National Monument to protect the training,
    readiness, and global mobility of U.S. Armed Forces, and ensure
    protection of navigation rights and high seas freedoms under the law of
    the sea, which are essential to the peace and prosperity of civilized
    nations.
        The security of America, the prosperity of its citizens, and the
    protection of the ocean environment are complementary and reinforcing
    priorities. As the United States takes measures to conserve and protect
    the living and non-living resources of the ocean, it shall ensure
    preservation of the navigation rights and high seas freedoms enjoyed by
    all nations under the law of the sea, including in particular:
         The right of innocent passage in territorial seas, without
                requirement for prior notification to or permission from a
                coastal state.
         The right of transit passage for ships, submarines, and
                aircraft in straits used for international navigation; a
                right that may not be suspended, denied, hampered, or
                impaired.
         The right of archipelagic sea lanes passage in designated
                sea lanes and air routes, and passage routes normally used
                for international navigation in archipelagic nations.
         The exercise of high seas freedoms in exclusive economic
                zones, including the conduct of military activities,
                exercises, and surveys.
        The United States shall recognize and apply navigation rights and
    freedoms under the law of the sea when establishing marine protected
    areas, just as it did in the Northwestern Hawaiian Islands Marine
    National

    [[Page 1521]]

    Monument and in today's monument proclamations. The United States will
    exercise the same rights and freedoms in similarly protected areas and
    waters of foreign nations. In addition, the United States, through its
    executive agencies, shall provide for the readiness, training, and
    global mobility of U.S. Armed Forces in its establishment of marine
    conservation areas.

    Management of Submerged Lands

        The Commonwealth of the Northern Mariana Islands (CNMI) is the only
    United States territory that does not have title to the submerged lands
    beneath that portion of the United States territorial sea that is within
    3 miles of the coastlines of the CNMI. It is appropriate that the CNMI
    be given the same authority as the other territories. In 2005, my
    administration supported legislation that would have provided the CNMI
    with such ownership, consistent with what was granted to Guam, the
    Virgin Islands, and American Samoa in October 1974.
        My administration also recognizes, as was recognized in 1974, the
    need to reserve Federal title in certain submerged lands, including
    submerged lands for use by our Nation's military, which is moving forces
    to the area from Okinawa, Japan. It is in the interest of the security
    of our Nation to reserve the necessary areas for national defense, while
    also ensuring the people of the CNMI have the benefit and enjoyment of
    the rights coming with ownership of submerged lands out to 3 miles.
        To this end, I have asked the Secretary of the Interior to submit legislation that, subject to valid existing
    rights, transfers to the CNMI the existing rights and title of the
    Federal Government over submerged lands within 3 miles of the coast of
    the CNMI, consistent with that provided to Guam, the Virgin Islands, and
    American Samoa, and I urge the Congress to promptly pass such
    legislation.
        I have also directed the Department of the Interior to develop
    legislation and procedures for the management and administration of
    recovery of mineral resources in areas of the Pacific, outside the
    monument, that are not currently covered by existing offshore mineral
    resource law, including authority and procedures for obtaining royalties
    and assessing fees and for revenue sharing, as appropriate.

    Note: The proclamations are listed in Appendix D at the end of this
    volume.