[Weekly Compilation of Presidential Documents Volume 39, Number 6 (Monday, February 10, 2003)]
[Pages 168-169]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 7647--Establishment of the Governors Island National 
Monument

 February 7, 2003

 By the President of the United States

 of America

 A Proclamation

    On the north tip of Governors Island, at the confluence of the 
Hudson and East Rivers, stand two fortifications that served as an 
outpost to protect New York City from sea attack. These two important 
historic objects, Castle Williams and Fort Jay, are part of a National 
Historic Landmark District designated in 1985. Between 1806 and 1811, 
these fortifications were constructed as part of the First and Second 
American Systems of Coastal Fortification. Castle Williams and Fort Jay 
represent two of the finest examples of defensive structures in use from 
the Renaissance to the American Civil War. They also played important 
roles in the War of 1812, the American Civil War, and World Wars I and 
II.
    These fortifications were built on the most strategic defensive 
positions on the island. Fort Jay, constructed between 1806 and 1809, is 
on the highest point of the island from which its glacis originally 
sloped down to the waterfront on all sides. Castle Williams, constructed 
between 1807 and 1811, occupies a rocky promontory as close as possible 
to the harbor channels and served as the most important strategic 
defensive point in the entrance to the New York Harbor.
    Governors Island was managed by the United States Army and the 
United States Coast Guard for nearly 200 years, but is no longer 
required for defense or Coast Guard purposes. It provides an excellent 
opportunity for the public to observe and understand the harbor history, 
its defense, and its ecology. Its proximity to lower Manhattan also 
makes it an appropriate location from which to reflect upon the tragic 
events of September 11, 2001.
    Section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 431) 
(the ``Antiquities Act''), authorizes the President, in his discretion, 
to declare by public proclamation historic landmarks, historic and 
prehistoric structures, and other objects of historic or scientific 
interest that are situated upon the lands owned or controlled by the 
Government of the United States to be national monuments, and to reserve 
as a part thereof parcels of land, the limits of which in all cases 
shall be confined to the smallest area compatible with the proper care 
and management of the objects to be protected.
    A Governors Island National Monument was established by Proclamation 
7402 of January 19, 2001, in order to protect the two fortifications. 
The monument, however, remained subject to Public Law 105-33, section 
9101, 111 Stat. 670 (August 5, 1997), which required the entire island, 
including the monument lands, to be sold with a right of first offer to 
the State and City of New York.
    Whereas the State and City of New York each executed a consent and 
waiver of the right of first offer regarding Governors Island; and
    Whereas the portion of Governors Island described on the 
accompanying land description was sold to the National Trust for 
Historic Preservation (National Trust), on January 31, 2003, and the 
remainder of Governors Island was sold to the Governors Island 
Preservation and Education Corporation (GIPEC) of the State and City of 
New York, on January 31, 2003; and
    Whereas the National Trust, on January 31, 2003, relinquished and 
conveyed to the United States of America all lands owned by the National 
Trust on Governors Island; and

[[Page 169]]

    Whereas such relinquishment and conveyance have been accepted by the 
Secretary of the Interior (Secretary) pursuant to the Antiquities Act; 
and
    Whereas it appears that it would be in the public interest to 
preserve Castle Williams, Fort Jay, and certain lands and buildings 
necessary for the care and management of the Castle and Fort as the 
Governors Island National Monument;
     Now, Therefore, I, George W. Bush, President of the United States 
of America, by the authority vested in me by section 2 of the Act of 
June 8, 1906 (34 Stat. 225, 16 U.S.C. 431), do proclaim that there are 
hereby set apart and reserved as the Governors Island National Monument 
for the purpose of protecting the objects identified above, all lands 
and interests in lands owned or controlled by the United States within 
the boundaries described on the accompanying land description, which is 
attached to and forms a part of this proclamation. The Federal land and 
interests in land reserved consist of approximately 22 acres, together 
with appurtenant easements for all necessary purposes and any associated 
federally owned personal property of historic interest, which is the 
smallest area compatible with the property care and management of the 
objects to be protected.
    All Federal lands and interests in lands within the boundaries of 
this monument are hereby appropriated and withdrawn from all forms of 
entry, location, selection, sale, or leasing or other disposition under 
the public land laws, including but not limited to withdrawal from 
location, entry, and patent under the mining laws, and from disposition 
under all laws relating to mineral and geothermal leasing.
    The Secretary shall manage the monument consistent with the purposes 
and provisions of this proclamation. For the purpose of preserving, 
restoring, and enhancing the public visitation and appreciation of the 
monument, the Secretary shall prepare a management plan for the monument 
within 3 years of the date of this proclamation. Further, to the extent 
authorized by law, the Secretary shall promulgate any additional 
regulations needed for the proper care and management of the objects 
identified above.
    The establishment of this monument is subject to valid existing 
rights, if any such rights are present.
    Nothing in this proclamation shall be deemed to revoke any existing 
withdrawal, reservation, or appropriation; however, the national 
monument shall be the dominant reservation.
    Warning is hereby given to all unauthorized persons not to 
appropriate, injure, destroy, or remove any feature of this monument and 
not to locate or settle upon any of the lands thereof.
     In Witness Whereof, I have hereunto set my hand this seventh day of 
February, in the year of our Lord two thousand three, and of the 
Independence of the United States of America the two hundred and twenty-
seventh.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 9:06 a.m., February 10, 
2003]

Note: This proclamation and its attached annexes will be published in 
the Federal Register on February 11.