Page:United States Statutes at Large Volume 123.djvu/3607

 123STA T . 3 587PROCL A M AT I O N 833 6—J AN. 6, 2 0 0 9nizedlawfu lu s es o f th eseainthe m onument and shall in c o rp orate the pro v isions of this proclamation re g arding A rmed F orces actions and compliance with international law .T his proclamation shall b e applied in accordance with international law. N o restrictions shall appl y to or be enforced against a person who is not a citizen , national, or resident alien of the U nited S tates ( includ - ing foreign flag vessels ) unless in accordance with international law. 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 United States C oast G uard). 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 . I n the event of threatened or actual destruction of, loss of, or in j ury to a monument resource or quality resulting from an incident, includ- ing but not limited to spills and groundings, caused by a component 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 ap- propriate 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, including, but not limited to, defensive areas and airspace reservations. 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, 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. W arning is hereby given to all unauthorized persons not to appro- priate, excavate, injure, destroy, or remove any feature of this monu- ment and not to locate or settle upon any lands thereof.