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    16 USC CHAPTER 44B - ANTARCTIC MINERAL RESOURCES
           PROTECTION                                      01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 44B - ANTARCTIC MINERAL RESOURCES PROTECTION

-HEAD-
           CHAPTER 44B - ANTARCTIC MINERAL RESOURCES PROTECTION       

-MISC1-
    Sec.                                                     
    2461.       Findings and purpose.                                 
    2462.       Definitions.                                          
    2463.       Prohibition of Antarctic mineral resource activities. 
    2464.       Repealed.                                             
    2465.       Enforcement.                                          
    2466.       Repealed.                                             

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    16 USC Sec. 2461                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 44B - ANTARCTIC MINERAL RESOURCES PROTECTION

-HEAD-
    Sec. 2461. Findings and purpose

-STATUTE-
    (a) Findings
      Congress finds that - 
        (1) the Antarctic continent with its associated and dependent
      ecosystems is a distinctive environment providing a habitat for
      many unique species and offering a natural laboratory from which
      to monitor critical aspects of stratospheric ozone depletion and
      global climate change;
        (2) Antarctica is protected by a series of international
      agreements, including the Antarctic Treaty and associated
      recommendations, the Convention on the Conservation of Antarctic
      Seals, and the Convention on the Conservation of Antarctic Marine
      Living Resources, which are intended to conserve the renewable
      natural resources of Antarctica and to recognize the importance
      of Antarctica for the conduct of scientific research;
        (3) recurring and recent developments in Antarctica, including
      increased siting of scientific stations, poor waste disposal
      practices, oil spills, increased tourism, and the over-
      exploitation of marine living resources, have raised serious
      questions about the adequacy and implementation of existing
      agreements and domestic law to protect the Antarctic environment
      and its living marine resources;
        (4) the parties to the Antarctic Treaty have negotiated a
      Convention on the Regulation of Antarctic Mineral Resources
      Activities which the United States has signed but not yet
      ratified;
        (5) the Convention on the Regulation of Antarctic Mineral
      Resources Activities does not guarantee the preservation of the
      fragile environment of Antarctica and could actually stimulate
      movement toward Antarctic mineral resource activity;
        (6) the exploitation of mineral resources in Antarctica could
      lead to additional degradation of the Antarctic environment,
      including increased risk of oil spills;
        (7) the Antarctic Treaty Consultative Parties have agreed to a
      voluntary ban on Antarctic mineral resource activities which
      needs to be made legally binding;
        (8) the level of scientific study, including necessary support
      facilities, has increased to the point that some scientific
      programs may be degrading the Antarctic environment; and
        (9) the planned special consultative meeting of parties to the
      Antarctic Treaty and the imminence of the thirtieth anniversary
      of the Antarctic Treaty provide opportunities for the United
      States to exercise leadership toward protection and sound
      management of Antarctica.
    (b) Purpose
      The purpose of this chapter is to - 
        (1) strengthen substantially overall environmental protection
      of Antarctica;
        (2) prohibit prospecting, exploration, and development of
      Antarctic mineral resources by United States citizens and other
      persons subject to the jurisdiction of the United States;
        (3) urge other nations to join the United States in immediately
      negotiating one or more new agreements to provide an indefinite
      ban on all Antarctic mineral resource activities and
      comprehensive protection for Antarctica and its associated and
      dependent ecosystems; and
        (4) urge all nations to consider a permanent ban on Antarctic
      mineral resource activities.

-SOURCE-
    (Pub. L. 101-594, Sec. 2, Nov. 16, 1990, 104 Stat. 2975.)


-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 101-594 provided that: "This Act [enacting
    this chapter] may be cited as the 'Antarctic Protection Act of
    1990'."

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    16 USC Sec. 2462                                            01/03/2007

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    CHAPTER 44B - ANTARCTIC MINERAL RESOURCES PROTECTION

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    Sec. 2462. Definitions

-STATUTE-
      For the purposes of this chapter:
        (1) The term "Antarctica" means the area south of the Antarctic
      Convergence as defined in section 2432(1) of this title.
        (2) The term "Antarctic mineral resource activity" means
      prospecting, exploration, or development in Antarctica of mineral
      resources, but does not include scientific research within the
      meaning of article III of the Antarctic Treaty, done at
      Washington on December 1, 1959.
        (3) The term "development" means any activity, including
      logistic support, which takes place following exploration, the
      purpose of which is the exploitation of specific mineral resource
      deposits, including processing, storage, and transport
      activities.
        (4) The term "exploration" means any activity, including
      logistic support, the purpose of which is the identification or
      evaluation of specific mineral resource deposits. The term
      includes exploratory drilling, dredging, and other surface or
      subsurface excavations required to determine the nature and size
      of mineral resource deposits and the feasibility of their
      development.
        (5) The term "mineral resources" means all nonliving natural
      nonrenewable resources, including fossil fuels, minerals, whether
      metallic or nonmetallic, but does not include ice, water, or
      snow.
        (6) The term "person" means any individual, corporation,
      partnership, trust, association, or any other entity existing or
      organized under the laws of the United States, or any officer,
      employee, agent, department, or other instrumentality of the
      Federal Government or of any State or political subdivision
      thereof.
        (7) The term "prospecting" means any activity, including
      logistic support, the purpose of which is the identification of
      mineral resource potential for possible exploration and
      development.
        (8) The term "Under Secretary" means the Under Secretary of
      Commerce for Oceans and Atmosphere.

-SOURCE-
    (Pub. L. 101-594, Sec. 3, Nov. 16, 1990, 104 Stat. 2976.)

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    16 USC Sec. 2463                                            01/03/2007

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    CHAPTER 44B - ANTARCTIC MINERAL RESOURCES PROTECTION

-HEAD-
    Sec. 2463. Prohibition of Antarctic mineral resource activities

-STATUTE-
      It is unlawful for any person to engage in, finance, or otherwise
    knowingly provide assistance to any Antarctic mineral resource
    activity.

-SOURCE-
    (Pub. L. 101-594, Sec. 4, Nov. 16, 1990, 104 Stat. 2977; Pub. L.
    104-227, title II, Sec. 202(a), Oct. 2, 1996, 110 Stat. 3044.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-227 substituted "It" for "Pending a new
    agreement among the Antarctic Treaty Consultative Parties in force
    for the United States, to which the Senate has given advice and
    consent or which is authorized by further legislation by the
    Congress, which provides an indefinite ban on Antarctic mineral
    resource activities, it".

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    16 USC Sec. 2464                                            01/03/2007

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    Sec. 2464. Repealed.

-MISC1-
    Sec. 2464. Repealed. Pub. L. 104-227, title II, Sec. 202(b), Oct.
      2, 1996, 110 Stat. 3044.
      Section, Pub. L. 101-594, Sec. 5, Nov. 16, 1990, 104 Stat. 2977,
    declared the sense of Congress that Secretary of State should
    negotiate international agreements relating to protection of
    Antarctic environment and that any such international agreement be
    consistent with purpose and provisions of this chapter.

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    16 USC Sec. 2465                                            01/03/2007

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    CHAPTER 44B - ANTARCTIC MINERAL RESOURCES PROTECTION

-HEAD-
    Sec. 2465. Enforcement

-STATUTE-
    (a) In general
      A violation of this chapter or any regulation promulgated under
    this chapter is deemed to be a violation of the Antarctic Marine
    Living Resources Convention Act (16 U.S.C. 2431-2444) and shall be
    enforced under that Act by the Under Secretary or another Federal
    official to whom the Under Secretary has delegated this
    responsibility.
    (b) Penalty
      If the Under Secretary determines that a person has violated
    section 2463 of this title - 
        (1) that person shall be ineligible to locate a mining claim
      under the mining laws of the United States; and
        (2) the Secretary of the Interior shall refuse to issue a
      patent under the mining laws of the United States, or a lease
      under the laws of the United States related to mineral or
      geothermal leasing, to any such person who attempts to perfect
      such patent or lease application after the Under Secretary has
      made such determination.

-SOURCE-
    (Pub. L. 101-594, Sec. 5, formerly Sec. 6, Nov. 16, 1990, 104 Stat.
    2977; renumbered Sec. 5, Pub. L. 104-227, title II, Sec. 202(c),
    Oct. 2, 1996, 110 Stat. 3044.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Antarctic Marine Living Resources Convention Act, referred to
    in subsec. (a), probably means the Antarctic Marine Living
    Resources Convention Act of 1984, title III of Pub. L. 98-623, Nov.
    8, 1984, 98 Stat. 3398, which is classified generally to chapter
    44A (Sec. 2431 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2431 of this title and Tables.
      The mining laws of the United States and the mineral leasing
    laws, referred to in subsec. (b), are classified generally to Title
    30, Mineral Lands and Mining.
      Geothermal leasing laws, referred to in subsec. (b)(2), are
    classified principally to chapter 23 (Sec. 1001 et seq.) of Title
    30.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 5 of Pub. L. 101-594 was classified to section
    2464 of this title prior to repeal by Pub. L. 104-227.

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    16 USC Sec. 2466                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 44B - ANTARCTIC MINERAL RESOURCES PROTECTION

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    Sec. 2466. Repealed.

-MISC1-
    Sec. 2466. Repealed. Pub. L. 104-227, title II, Sec. 202(b), Oct.
      2, 1996, 110 Stat. 3044.
      Section, Pub. L. 101-594, Sec. 7, Nov. 16, 1990, 104 Stat. 2978,
    authorized appropriations for fiscal years 1991 and 1992 to carry
    out this chapter.

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