[Weekly Compilation of Presidential Documents Volume 44, Number 2 (Monday, January 21, 2008)]
[Pages 79-80]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

[[Page 80]]

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.