123STA T . 3 59 5 PROCL A M AT I O N8 33 7—J AN. 6, 2 0 09 WHER E AStheUni te d St a te sco ntin u es to act in acco r dance w ith the b a l ance o f interests relatin g to traditional uses of the oceans recog - ni z ing freedo m of na v igation and overflight and other internationall y recognized lawful uses of the sea
WHEREAS section 2 of the Act of J une 8,1906(34 Stat . 22 5 , 16 U.S. C . 431 ) (the ‘ ‘Anti q uities Act ’ ’) authorizes the P resident, in his discretion, to declare by p ublic proclamation historic landmar k s, historic and pre- historic structures, and other ob j ects of historic or scientific interest that are situated upon lands owned or controlled by the G overnment 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 con- fined to the smallest area compatible with the proper care and manage- ment of the objects to be protected; WHEREAS it is in the public interest to preserve the lands, submerged lands and waters of, and marine environment around Rose Atoll as necessary for the care and management of the historic and scientific objects therein
- NO
W, T HERE F ORE, I , GEORGE W. B USH, President of the United States of America, by the authority vested in me by section 2 of the Antiquities Act, do proclaim that there are hereby set apart and re- served as the Rose Atoll M arine National Monument (the ‘‘monument’’ or ‘‘marine national monument’’) for the purpose of protecting the ob- jects described in the above preceding paragraphs, all lands and inter- ests in lands owned or controlled by the Government of the United States within the boundaries that lie appro x imately 50 nautical miles from the mean low water line of Rose Atoll as depicted on the accom- panying map entitled ‘‘Rose Atoll Marine National Monument’’ at- tached to and forming a part of this proclamation. The Federal land and interests in land reserved consists of approximately 13,451 square miles of emergent and submerged lands and waters of and around Rose Atoll in American Samoa, which is the smallest area compatible with the proper care and management of the objects to be protected. All Federal lands and interests in lands within the boundaries of this monument are hereby withdrawn from all forms of entry, location, se- lection, sale, or leasing or other disposition under the public land laws to the extent that those laws apply. Man a gem en tof t h eMa ri ne N ationa l Mon u ment The Secretary of the Interior shall have management responsibility for the monument, including Rose Atoll National Wildlife Refuge, in con- sultation with the Secretary of Commerce, except that the Secretary of Commerce, through the National Oceanic and Atmospheric Adminis- tration, shall have the primary management responsibility regarding the management of the marine areas of the monument seaward of mean low water, with respect to fishery-related activities regulated pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 ets e q .), and any other applicable authorities. The Sec- retary of Commerce shall initiate the process to add the marine areas of the monument to the Fagatele Bay National Marine Sanctuary in ac- cordance with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), including its provision for consultation with an advisory council, to further the protection of the objects identified in this proclamation. In developing and implementing any management plans and any man- agement rules and regulations, the Secretary of Commerce shall consult
