[Weekly Compilation of Presidential Documents Volume 45, Number 1 (Monday, January 12, 2009)]
[Pages 8-9]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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:
 <bullet>    The right of innocent passage in territorial seas, without 
            requirement for prior notification to or permission from a 
            coastal state.
 <bullet>    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.
 <bullet>    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.
 <bullet>    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

[[Page 9]]

protected areas, just as it did in the Northwestern Hawaiian Islands 
Marine National 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.