123STA T . 3 597PROCL A M AT I O N8 337 —J AN. 6, 2 0 09 stric t nav i g ati o nan d ov e r fl ig h t and other internationall y recogni z ed la w f u lusesoftheseainthe m onument and shall incor p orate the pro - visions of this proclamation regarding A rmed F orces actions and com- pliance with international law .N othing in this proclamation shall b e deemed to diminish or enlarge the j urisdiction of the G overnment of American S amoa. T he Secretaries of the I nterior and C ommerce shall , in developing any management plans and any management rules and regulations governing the marine areas of the monument, as described above, consult with the Govern- ment of American Samoa. Emerg e nci e s,Nat i o na lS ec u rit y ,an dL a w En f orcement A cti v ities 1 . The prohibitions re q uired by this proclamation shall not apply to ac- tivities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for national security or law enforcement purposes. 2 . Nothing in this proclamation shall limit agency actions to respond to emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solu- tion. Armed F orces Actions 1. The prohibitions required by this proclamation shall not apply to ac- tivities and e x ercises of the Armed Forces ( including those carried out by the U nited States Coast Guard ) . 2. The Armed Forces shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities, that its vessels and aircraft act in a manner consistent, so far as is reasonable and practicable, with this proclamation. 3 . In the event of threatened or actual destruction of, loss of, or injury to a monument living marine resource resulting from an incident, in- cluding but not limited to spills and groundings, caused by a compo- nent of the D epartment of Defense or the United States Coast Guard, the cognizant component shall promptly coordinate with the Secretary of the Interior or Commerce, as appropriate for the purpose of ta k ing appropriate actions to respond to and mitigate any actual harm and, if possible, restore or replace the monument resource or quality. 4 . Nothing in this proclamation or any regulation implementing it shall limit or otherwise affect the Armed Forces ’; discretion to use, maintain, improve, manage, or control any property under the administrative control of a M ilitary Department or otherwise limit the availability of such property for military mission purposes. The establishment of this monument is subject to valid existing rights. This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the national monu- ment shall be dominant over any other existing Federal withdrawal, reservation, or appropriation.
