In the Senate of the United States,

September 4, 1996.

Resolved, That the bill from the House of Representatives (H.R. 3060) entitled ‘‘An Act to implement the Protocol

on Environmental Protection to the Antarctic Treaty’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Antarctic Science, Tour3 ism, and Conservation Act of 1996’’.

4 TITLE I—AMENDMENTS TO THE

5 ANTARCTIC CONSERVATION

6 ACT OF 1978

7 SEC. 101. FINDINGS AND PURPOSE.

8 (a) FINDINGS.—Section 2(a) of the Antarctic Con9 servation Act of 1978 (16 U.S.C. 2401(a)) is amended—
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1 (1) by redesignating paragraphs (1) and (2) as

2 paragraphs (4) and (5) respectively, and inserting be3 fore paragraph (4), as redesignated, the following:

4 ‘‘(1) for well over a quarter of a century, sci5 entific investigation has been the principal activity of

6 the Federal Government and United States nationals

7 in Antarctica;

8 ‘‘(2) more recently, interest of American tourists

9 in Antarctica has increased;

10 ‘‘(3) as the lead civilian agency in Antarctica,

11 the National Science Foundation has long had re12 sponsibility for ensuring that United States scientific

13 activities and tourism, and their supporting logistics

14 operations, are conducted with an eye to preserving

15 the unique values of the Antarctic region;’’;

16 (2) by striking ‘‘the Agreed Measures for the

17 Conservation of Antarctic Fauna and Flora, adopted

18 at the Third Antarctic Treaty Consultative Meeting,

19 have established a firm foundation’’ in paragraph (4),

20 as redesignated, and inserting ‘‘the Protocol establish

21 a firm foundation for the conservation of Antarctic

22 resources,’’;

23 (3) by striking paragraph (5), as redesignated,

24 and inserting the following:
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1 ‘‘(5) the Antarctic Treaty and the Protocol estab2 lish international mechanisms and create legal obliga3 tions necessary for the maintenance of Antarctica as

4 a natural reserve devoted to peace and science.’’.

5 (b) PURPOSE.—Section 2(b) of such Act (16 U.S.C.

6 2401(b)) is amended by striking ‘‘Treaty, the Agreed Meas7 ures for the Conservation of Antarctic Fauna and Flora,

8 and Recommendation VII-3 of the Eighth Antarctic Treaty

9 Consultative Meeting’’ and inserting ‘‘Treaty and the Pro10 tocol’’.

11 SEC. 102. DEFINITIONS.

12 Section 3 of the Antarctic Conservation Act of 1978

13 (16 U.S.C. 2402) is amended to read as follows:

14 ‘‘SEC. 3. DEFINITIONS.

15 ‘‘For purposes of this Act—

16 ‘‘(1) the term ‘Administrator’ means the Admin17 istrator of the Environmental Protection Agency;

18 ‘‘(2) the term ‘Antarctica’ means the area south

19 of 60 degrees south latitude;

20 ‘‘(3) the term ‘Antarctic Specially Protected

21 Area’ means an area identified as such pursuant to

22 Annex V to the Protocol;

23 ‘‘(4) the term ‘Director’ means the Director of the

24 National Science Foundation;

25 ‘‘(5) the term ‘harmful interference’ means—
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1 ‘‘(A) flying or landing helicopters or other

2 aircraft in a manner that disturbs concentra3 tions of birds or seals;

4 ‘‘(B) using vehicles or vessels, including

5 hovercraft and small boats, in a manner that

6 disturbs concentrations of birds or seals;

7 ‘‘(C) using explosives or firearms in a man8 ner that disturbs concentrations of birds or seals;

9 ‘‘(D) willfully disturbing breeding or

10 molting birds or concentrations of birds or seals

11 by persons on foot;

12 ‘‘(E) significantly damaging concentrations

13 of native terrestrial plants by landing aircraft,

14 driving vehicles, or walking on them, or by other

15 means; and

16 ‘‘(F) any activity that results in the signifi17 cant adverse modification of habitats of any spe18 cies or population of native mammal, native

19 bird, native plant, or native invertebrate;

20 ‘‘(6) the term ‘historic site or monument’ means

21 any site or monument listed as an historic site or

22 monument pursuant to Annex V to the Protocol;

23 ‘‘(7) the term ‘impact’ means impact on the Ant24 arctic environment and dependent and associated

25 ecosystems;
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1 ‘‘(8) the term ‘import’ means to land on, bring

2 into, or introduce into, or attempt to land on, bring

3 into or introduce into, any place subject to the juris4 diction of the United States, including the 12-mile

5 territorial sea of the United States, whether or not

6 such act constitutes an importation within the mean7 ing of the customs laws of the United States;

8 ‘‘(9) the term ‘native bird’ means any member,

9 at any stage of its life cycle (including eggs), of any

10 species of the class Aves which is indigenous to Ant11 arctica or occurs there seasonally through natural mi12 grations, and includes any part of such member;

13 ‘‘(10) the term ‘native invertebrate’ means any

14 terrestrial or freshwater invertebrate, at any stage of

15 its life cycle, which is indigenous to Antarctica, and

16 includes any part of such invertebrate;

17 ‘‘(11) the term ‘native mammal’ means any

18 member, at any stage of its life cycle, of any species

19 of the class Mammalia, which is indigenous to Ant20 arctica or occurs there seasonally through natural mi21 grations, and includes any part of such member;

22 ‘‘(12) the term ‘native plant’ means any terres23 trial or freshwater vegetation, including bryophytes,

24 lichens, fungi, and algae, at any stage of its life cycle

25 (including seeds and other propagules), which is in-
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1 digenous to Antarctica, and includes any part of such

2 vegetation;

3 ‘‘(13) the term ‘non-native species’ means any

4 species of animal or plant which is not indigenous to

5 Antarctica and does not occur there seasonally

6 through natural migrations;

7 ‘‘(14) the term ‘person’ has the meaning given

8 that term in section 1 of title 1, United States Code,

9 and includes any person subject to the jurisdiction of

10 the United States and any department, agency, or

11 other instrumentality of the Federal Government or of

12 any State or local government;

13 ‘‘(15) the term ‘prohibited product’ means any

14 substance banned from introduction onto land or ice

15 shelves or into water in Antarctica pursuant to

16 Annex III to the Protocol;

17 ‘‘(16) the term ‘prohibited waste’ means any sub18 stance which must be removed from Antarctica pursu19 ant to Annex III to the Protocol, but does not include

20 materials used for balloon envelopes required for sci21 entific research and weather forecasting;

22 ‘‘(17) the term ‘Protocol’ means the Protocol on

23 Environmental Protection to the Antarctic Treaty,

24 signed October 4, 1991, in Madrid, and all annexes
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1 thereto, including any future amendments thereto to

2 which the United States is a party;

3 ‘‘(18) the term ‘Secretary’ means the Secretary of

4 Commerce;

5 ‘‘(19) the term ‘Specially Protected Species’

6 means any native species designated as a Specially

7 Protected Species pursuant to Annex II to the Proto8 col;

9 ‘‘(20) the term ‘take’ means to kill, injure, cap10 ture, handle, or molest a native mammal or bird, or

11 to remove or damage such quantities of native plants

12 that their local distribution or abundance would be

13 significantly affected;

14 ‘‘(21) the term ‘Treaty’ means the Antarctic

15 Treaty signed in Washington, DC, on December 1,

16 1959;

17 ‘‘(22) the term ‘United States’ means the several

18 States of the Union, the District of Columbia, the

19 Commonwealth of Puerto Rico, American Samoa, the

20 Virgin Islands, Guam, the Commonwealth of the

21 Northern Mariana Islands, and any other common22 wealth, territory, or possession of the United States;

23 and

24 ‘‘(23) the term ‘vessel subject to the jurisdiction

25 of the United States’ includes any ‘vessel of the Unit-
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1 ed States’ and any ‘vessel subject to the jurisdiction

2 of the United States’ as those terms are defined in sec3 tion 303 of the Antarctic Marine Living Resources

4 Convention Act of 1984 (16 U.S.C. 2432).’’.

5 SEC. 103. PROHIBITED ACTS.

6 Section 4 of the Antarctic Conservation Act of 1978

7 (16 U.S.C. 2403) is amended to read as follows:

8 ‘‘SEC. 4. PROHIBITED ACTS.

9 ‘‘(a) IN GENERAL.—It is unlawful for any person—

10 ‘‘(1) to introduce any prohibited product onto

11 land or ice shelves or into water in Antarctica;

12 ‘‘(2) to dispose of any waste onto ice-free land

13 areas or into fresh water systems in Antarctica;

14 ‘‘(3) to dispose of any prohibited waste in Ant15 arctica;

16 ‘‘(4) to engage in open burning of waste;

17 ‘‘(5) to transport passengers to, from, or within

18 Antarctica by any seagoing vessel not required to

19 comply with the Act to Prevent Pollution from Ships

20 (33 U.S.C. 1901 et seq.), unless the person has an

21 agreement with the vessel owner or operator under

22 which the owner or operator is required to comply

23 with Annex IV to the Protocol;

24 ‘‘(6) who organizes, sponsors, operates, or pro25 motes a nongovernmental expedition to Antarctica,
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1 and who does business in the United States, to fail

2 to notify all members of the expedition of the environ3 mental protection obligations of this Act, and of ac4 tions which members must take, or not take, in order

5 to comply with those obligations;

6 ‘‘(7) to damage, remove, or destroy a historic site

7 or monument;

8 ‘‘(8) to refuse permission to any authorized offi9 cer or employee of the United States to board a vessel,

10 vehicle, or aircraft of the United States, or subject to

11 the jurisdiction of the United States, for the purpose

12 of conducting any search or inspection in connection

13 with the enforcement of this Act or any regulation

14 promulgated or permit issued under this Act;

15 ‘‘(9) to forcibly assault, resist, oppose, impede,

16 intimidate, or interfere with any authorized officer or

17 employee of the United States in the conduct of any

18 search or inspection described in paragraph (8);

19 ‘‘(10) to resist a lawful arrest or detention for

20 any act prohibited by this section;

21 ‘‘(11) to interfere with, delay, or prevent, by any

22 means, the apprehension, arrest, or detention of an23 other person, knowing that such other person has com24 mitted any act prohibited by this section;
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1 ‘‘(12) to violate any regulation issued under this

2 Act, or any term or condition of any permit issued

3 to that person under this Act; or

4 ‘‘(13) to attempt to commit or cause to be com5 mitted any act prohibited by this section.

6 ‘‘(b) ACTS PROHIBITED UNLESS AUTHORIZED BY

7 PERMIT.—It is unlawful for any person, unless authorized

8 by a permit issued under this Act—

9 ‘‘(1) to dispose of any waste in Antarctica (ex10 cept as otherwise authorized by the Act to Prevent

11 Pollution from Ships) including—

12 ‘‘(A) disposing of any waste from land into

13 the sea in Antarctica; and

14 ‘‘(B) incinerating any waste on land or ice

15 shelves in Antarctica, or on board vessels at

16 points of embarcation or debarcation, other than

17 through the use at remote field sites of inciner18 ator toilets for human waste;

19 ‘‘(2) to introduce into Antarctica any member of

20 a nonnative species;

21 ‘‘(3) to enter or engage in activities within any

22 Antarctic Specially Protected Area;

23 ‘‘(4) to engage in any taking or harmful inter24 ference in Antarctica; or
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1 ‘‘(5) to receive, acquire, transport, offer for sale,

2 sell, purchase, import, export, or have custody, con3 trol, or possession of, any native bird, native mam4 mal, or native plant which the person knows, or in

5 the exercise of due care should have known, was taken

6 in violation of this Act.

7 ‘‘(c) EXCEPTION FOR EMERGENCIES.—No act de8 scribed in subsection (a)(1), (2), (3), (4), (5), (7), (12), or

9 (13) or in subsection (b) shall be unlawful if the person

10 committing the act reasonably believed that the act was

11 committed under emergency circumstances involving the

12 safety of human life or of ships, aircraft, or equipment or

13 facilities of high value, or the protection of the environ14 ment.’’.

15 SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.

16 The Antarctic Conservation Act of 1978 is amended

17 by inserting after section 4 the following new section:

18 ‘‘SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.

19 ‘‘(a) FEDERAL ACTIVITIES.—(1)(A) The obligations of

20 the United States under Article 8 of and Annex I to the

21 Protocol shall be implemented by applying the National

22 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

23 to proposals for Federal agency activities in Antarctica, as

24 specified in this section.
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1 ‘‘(B) The obligations contained in section 102(2)(C) of

2 the National Environmental Policy Act of 1969 (42 U.S.C.

3 4332(2)(C)) shall apply to all proposals for Federal agency

4 activities occurring in Antarctica and affecting the quality

5 of the human environment in Antarctica or dependent or

6 associated ecosystems, only as specified in this section. For

7 purposes of the application of such section 102(2)(C) under

8 this subsection, the term ‘‘significantly affecting the quality

9 of the human environment’’ shall have the same meaning

10 as the term ‘‘more than a minor or transitory impact’’.

11 ‘‘(2)(A) Unless an agency which proposes to conduct

12 a Federal activity in Antarctica determines that the activ13 ity will have less than a minor or transitory impact, or

14 unless a comprehensive environmental evaluation is being

15 prepared in accordance with subparagraph (C), the agency

16 shall prepare an initial environmental evaluation in ac17 cordance with Article 2 of Annex I to the Protocol.

18 ‘‘(B) If the agency determines, through the preparation

19 of the initial environmental evaluation, that the proposed

20 Federal activity is likely to have no more than a minor

21 or transitory impact, the activity may proceed if appro22 priate procedures are put in place to assess and verify the

23 impact of the activity.

24 ‘‘(C) If the agency determines, through the preparation

25 of the initial environmental evaluation or otherwise, that
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1 a proposed Federal activity is likely to have more than a

2 minor or transitory impact, the agency shall prepare and

3 circulate a comprehensive environmental evaluation in ac4 cordance with Article 3 of Annex I to the Protocol, and shall

5 make such comprehensive environmental evaluation pub6 licly available for comment.

7 ‘‘(3) Any agency decision under this section on whether

8 a proposed Federal activity, to which paragraph (2)(C) ap9 plies, should proceed, and, if so, whether in its original or

10 in a modified form, shall be based on the comprehensive

11 environmental evaluation as well as other considerations

12 which the agency, in the exercise of its discretion, considers

13 relevant.

14 ‘‘(4) For the purposes of this section, the term ‘Federal

15 activity’ includes all activities conducted under a Federal

16 agency research program in Antarctica, whether or not con17 ducted by a Federal agency.

18 ‘‘(b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY

19 WITH FOREIGN GOVERNMENTS.—(1) For the purposes of

20 this subsection, the term ‘Antarctic joint activity’ means

21 any Federal activity in Antarctica which is proposed to

22 be conducted, or which is conducted, jointly or in coopera23 tion with one or more foreign governments. Such term shall

24 be defined in regulations promulgated by such agencies as

25 the President may designate.
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1 ‘‘(2) Where the Secretary of State, in cooperation with

2 the lead United States agency planning an Antarctic joint

3 activity, determines that—

4 ‘‘(A) the major part of the joint activity is being

5 contributed by a government or governments other

6 than the United States;

7 (B) one such government is coordinating the im8 plementation of environmental impact assessment

9 procedures for that activity; and

10 (C) such government has signed, ratified, or ac11 ceded to the Protocol,

12 the requirements of subsection (a) of this section shall not

13 apply with respect to that activity.

14 ‘‘(3) In all cases of Antarctic joint activity other than

15 those described in paragraph (2), the requirements of sub16 section (a) of this section shall apply with respect to that

17 activity, except as provided in paragraph (4).

18 ‘‘(4) Determinations described in paragraph (2), and

19 agency actions and decisions in connection with assess20 ments of impacts of Antarctic joint activities, shall not be

21 subject to judicial review.

22 ‘‘(c) NONGOVERNMENTAL ACTIVITIES.—(1) The Ad23 ministrator shall, within 2 years after the date of the enact24 ment of the Antarctic Science, Tourism, and Conservation

25 Act of 1996, promulgate regulations to provide for—
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1 ‘‘(A) the environmental impact assessment of

2 nongovernmental activities, including tourism, for

3 which the United States is required to give advance

4 notice under paragraph 5 of Article VII of the Treaty;

5 and

6 ‘‘(B) coordination of the review of information

7 regarding environmental impact assessment received

8 from other Parties under the Protocol.

9 ‘‘(2) Such regulations shall be consistent with Annex

10 I to the Protocol.

11 ‘‘(d) DECISION TO PROCEED.—(1) No decision shall

12 be taken to proceed with an activity for which a comprehen13 sive environmental evaluation is prepared under this sec14 tion unless there has been an opportunity for consideration

15 of the draft comprehensive environmental evaluation at an

16 Antarctic Treaty Consultative Meeting, except that no deci17 sion to proceed with a proposed activity shall be delayed

18 through the operation of this paragraph for more than 15

19 months from the date of circulation of the draft comprehen20 sive environmental evaluation pursuant to Article 3(3) of

21 Annex I to the Protocol.

22 ‘‘(2) The Secretary of State shall circulate the final

23 comprehensive environmental evaluation, in accordance

24 with Article 3(6) of Annex I to the Protocol, at least 60

25 days before the commencement of the activity in Antarctica.
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1 ‘‘(e) CASES OF EMERGENCY.—The requirements of this

2 section, and of regulations promulgated under this section,

3 shall not apply in cases of emergency relating to the safety

4 of human life or of ships, aircraft, or equipment and facili5 ties of high value, or the protection of the environment,

6 which require an activity to be undertaken without fulfill7 ing those requirements.

8 ‘‘(f) EXCLUSIVE MECHANISM.—Notwithstanding any

9 other provision of law, the requirements of this section shall

10 constitute the sole and exclusive statutory obligations of the

11 Federal agencies with regard to assessing the environmental

12 impacts of proposed Federal activities occurring in Antarc13 tica.

14 ‘‘(g) DECISIONS ON PERMIT APPLICATIONS.—The pro15 visions of this section requiring environmental impact as16 sessments (including initial environmental evaluations and

17 comprehensive environmental evaluations) shall not apply

18 to Federal actions with respect to issuing permits under

19 section 5.

20 ‘‘(h) PUBLICATION OF NOTICES.—Whenever the Sec21 retary of State makes a determination under paragraph (2)

22 of subsection (b) of this section, or receives a draft com23 prehensive environmental evaluation in accordance with

24 Annex I, Article 3(3) to the Protocol, the Secretary of State
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1 shall cause timely notice thereof to be published in the Fed2 eral Register.’’.

3 SEC. 105. PERMITS.

4 Section 5 of the Antarctic Conservation Act of 1978

5 (16 U.S.C. 2404) is amended—

6 (1) in subsection (a) by striking ‘‘section 4(a)’’

7 and inserting in lieu thereof ‘‘section 4(b)’’;

8 (2) in subsection (c)(1)(B) by striking ‘‘Special’’

9 and inserting in lieu thereof ‘‘Species’’; and

10 (3) in subsection (e)—

11 (A) by striking ‘‘or native plants to which

12 the permit applies,’’ in paragraph (1)(A)(i) and

13 inserting in lieu thereof ‘‘native plants, or native

14 invertebrates to which the permit applies, and’’;

15 (B) by striking paragraph (1)(A)(ii) and

16 (iii) and inserting in lieu thereof the following

17 new clause:

18 ‘‘(ii) the manner in which the taking or

19 harmful interference shall be conducted (which

20 manner shall be determined by the Director to be

21 humane) and the area in which it will be con22 ducted;’’;

23 (C) by striking ‘‘within Antarctica (other

24 than within any specially protected area)’’ in
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1 paragraph (2)(A) and inserting in lieu thereof

2 ‘‘or harmful interference within Antarctica’’;

3 (D) by striking ‘‘specially protected species’’

4 in paragraph (2)(A) and (B) and inserting in

5 lieu thereof ‘‘Specially Protected Species’’;

6 (E) by striking ‘‘; and’’ at the end of para7 graph (2)(A)(i)(II) and inserting in lieu thereof

8 ‘‘, or’’;

9 (F) by adding after paragraph (2)(A)(i)(II)

10 the following new subclause:

11 ‘‘(III) for unavoidable consequences of

12 scientific activities or the construction and

13 operation of scientific support facilities;

14 and’’;

15 (G) by striking ‘‘with Antarctica and’’ in

16 paragraph (2)(A)(ii)(II) and inserting in lieu

17 thereof ‘‘within Antarctica are’’; and

18 (H) by striking subparagraphs (C) and (D)

19 of paragraph (2) and inserting in lieu thereof

20 the following new subparagraph:

21 ‘‘(C) A permit authorizing the entry into an

22 Antarctic Specially Protected Area shall be issued

23 only—

24 ‘‘(i) if the entry is consistent with an ap25 proved management plan, or
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1 ‘‘(ii) if a management plan relating to the

2 area has not been approved but—

3 ‘‘(I) there is a compelling purpose for

4 such entry which cannot be served elsewhere,

5 and

6 ‘‘(II) the actions allowed under the

7 permit will not jeopardize the natural eco8 logical system existing in such area.’’.

9 SEC. 106. REGULATIONS.

10 Section 6 of the Antarctic Conservation Act of 1978

11 (16 U.S.C. 2405) is amended to read as follows:

12 ‘‘SEC. 6. REGULATIONS.

13 ‘‘(a) REGULATIONS TO BE ISSUED BY THE DIREC14 TOR.—(1) The Director shall issue such regulations as are

15 necessary and appropriate to implement Annex II and

16 Annex V to the Protocol and the provisions of this Act which

17 implement those annexes, including section 4(b)(2), (3), (4),

18 and (5) of this Act. The Director shall designate as native

19 species—

20 ‘‘(A) each species of the class Aves;

21 ‘‘(B) each species of the class Mammalia; and

22 ‘‘(C) each species of plant,

23 which is indigenous to Antarctica or which occurs there sea24 sonally through natural migrations.
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1 ‘‘(2) The Director, with the concurrence of the Admin2 istrator, shall issue such regulations as are necessary and

3 appropriate to implement Annex III to the Protocol and

4 the provisions of this Act which implement that Annex, in5 cluding section 4(a)(1), (2), (3), and (4), and section

6 4(b)(1) of this Act.

7 ‘‘(3) The Director shall issue such regulations as are

8 necessary and appropriate to implement Article 15 of the

9 Protocol with respect to land areas and ice shelves in Ant10 arctica.

11 ‘‘(4) The Director shall issue such additional regula12 tions as are necessary and appropriate to implement the

13 Protocol and this Act, except as provided in subsection (b).

14 ‘‘(b) REGULATIONS TO BE ISSUED BY THE SEC15 RETARY OF THE DEPARTMENT IN WHICH THE COAST

16 GUARD IS OPERATING.—The Secretary of the Department

17 in which the Coast Guard is operating shall issue such regu18 lations as are necessary and appropriate, in addition to

19 regulations issued under the Act to Prevent Pollution from

20 Ships (33 U.S.C. 1901 et seq.), to implement Annex IV to

21 the Protocol and the provisions of this Act which implement

22 that Annex, and, with the concurrence of the Director, such

23 regulations as are necessary and appropriate to implement

24 Article 15 of the Protocol with respect to vessels.
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1 ‘‘(c) TIME PERIOD FOR REGULATIONS.—The regula2 tions to be issued under subsection (a)(1) and (2) of this

3 section shall be issued within 2 years after the date of the

4 enactment of the Antarctic Science, Tourism, and Conserva5 tion Act of 1996. The regulations to be issued under sub6 section (a)(3) of this section shall be issued within 3 years

7 after the date of the enactment of the Antarctic Science,

8 Tourism, and Conservation Act of 1996.’’.

9 SEC. 107. SAVING PROVISIONS.

10 Section 14 of the Antarctic Conservation Act of 1978

11 is amended to read as follows:

12 ‘‘SEC. 14. SAVING PROVISIONS.

13 ‘‘(a) REGULATIONS.—All regulations promulgated

14 under this Act prior to the date of the enactment of the

15 Antarctic Science, Tourism, and Conservation Act of 1996

16 shall remain in effect until superseding regulations are pro17 mulgated under section 6.

18 ‘‘(b) PERMITS.—All permits issued under this Act

19 shall remain in effect until they expire in accordance with

20 the terms of those permits.’’.
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1 TITLE II—CONFORMING

2 AMENDMENTS TO OTHER LAWS

3 SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION

4 FROM SHIPS.

5 (a) DEFINITIONS.—Section 2 of the Act to Prevent Pol6 lution from Ships (33 U.S.C. 1901) is amended—

7 (1) by redesignating paragraphs (1) through (9)

8 of subsection (a) as paragraphs (3) through (11), re9 spectively;

10 (2) by inserting before paragraph (3), as so re11 designated by paragraph (1) of this subsection, the

12 following new paragraphs:

13 ‘‘(1) ‘Antarctica’ means the area south of 60 de14 grees south latitude;

15 ‘‘(2) ‘Antarctic Protocol’ means the Protocol on

16 Environmental Protection to the Antarctic Treaty,

17 signed October 4, 1991, in Madrid, and all annexes

18 thereto, and includes any future amendments thereto

19 which have entered into force;’’; and

20 (3) by adding at the end the following new sub21 section:

22 ‘‘(c) For the purposes of this Act, the requirements of

23 Annex IV to the Antarctic Protocol shall apply in Antarc24 tica to all vessels over which the United States has jurisdic25 tion.’’.
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1 (b) APPLICATION OF ACT.—Section 3(b)(1)(B) of the

2 Act to Prevent Pollution from Ships (33 U.S.C.

3 1902(b)(1)(B)) is amended by inserting ‘‘or the Antarctic

4 Protocol’’ after ‘‘MARPOL Protocol’’.

5 (c) ADMINISTRATION.—Section 4 of the Act to Prevent

6 Pollution from Ships (33 U.S.C. 1903) is amended—

7 (1) by inserting ‘‘, Annex IV to the Antarctic

8 Protocol,’’ after ‘‘the MARPOL Protocol’’ in the first

9 sentence of subsection (a);

10 (2) in subsection (b)(1) by inserting ‘‘, Annex IV

11 to the Antarctic Protocol,’’ after ‘‘the MARPOL Pro12 tocol’’;

13 (3) in subsection (b)(2)(A) by striking ‘‘within 1

14 year after the effective date of this paragraph,’’; and

15 (4) in subsection (b)(2)(A)(i) by inserting ‘‘and

16 of Annex IV to the Antarctic Protocol’’ after ‘‘the Con17 vention’’.

18 (d) POLLUTION RECEPTION FACILITIES.—Section 6 of

19 the Act to Prevent Pollution from Ships (33 U.S.C. 1905)

20 is amended—

21 (1) in subsection (b) by inserting ‘‘or the Ant22 arctic Protocol’’ after ‘‘the MARPOL Protocol’’;

23 (2) in subsection (e)(1) by inserting ‘‘or the Ant24 arctic Protocol’’ after ‘‘the Convention’’;
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1 (3) in subsection (e)(1)(A) by inserting ‘‘or Arti2 cle 9 of Annex IV to the Antarctic Protocol’’ after ‘‘the

3 Convention’’; and

4 (4) in subsection (f) by inserting ‘‘or the Ant5 arctic Protocol’’ after ‘‘the MARPOL Protocol’’.

6 (e) VIOLATIONS.—Section 8 of the Act to Prevent Pol7 lution from Ships (33 U.S.C. 1907) is amended—

8 (1) in the first sentence of subsection (a) by in9 serting ‘‘Annex IV to the Antarctic Protocol,’’ after

10 ‘‘MARPOL Protocol,’’;

11 (2) in the second sentence of subsection (a)—

12 (A) by inserting ‘‘or to the Antarctic Proto13 col’’ after ‘‘to the MARPOL Protocol’’; and

14 (B) by inserting ‘‘and Annex IV to the Ant15 arctic Protocol’’ after ‘‘of the MARPOL Proto16 col’’;

17 (3) in subsection (b) by inserting ‘‘or the Ant18 arctic Protocol’’ after ‘‘MARPOL Protocol’’ both

19 places it appears;

20 (4) in subsection (c)(1) by inserting ‘‘, of Article

21 3 or Article 4 of Annex IV to the Antarctic Protocol,’’

22 after ‘‘to the Convention’’;

23 (5) in subsection (c)(2) by inserting ‘‘or the Ant24 arctic Protocol’’ after ‘‘which the MARPOL Protocol’’;
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1 (6) in subsection (c)(2)(A) by inserting ‘‘, Annex

2 IV to the Antarctic Protocol,’’ after ‘‘MARPOL Proto3 col’’;

4 (7) in subsection (c)(2)(B)—

5 (A) by inserting ‘‘or the Antarctic Protocol’’

6 after ‘‘to the MARPOL Protocol’’; and

7 (B) by inserting ‘‘or Annex IV to the Ant8 arctic Protocol’’ after ‘‘of the MARPOL Proto9 col’’;

10 (8) in subsection (d)(1) by inserting ‘‘, Article 5

11 of Annex IV to the Antarctic Protocol,’’ after ‘‘Con12 vention’’;

13 (9) in subsection (e)(1)—

14 (A) by inserting ‘‘or the Antarctic Protocol’’

15 after ‘‘MARPOL Protocol’’; and

16 (B) by striking ‘‘that Protocol’’ and insert17 ing in lieu thereof ‘‘those Protocols’’; and

18 (10) in subsection (e)(2) by inserting ‘‘, of Annex

19 IV to the Antarctic Protocol,’’ after ‘‘MARPOL Proto20 col’’.

21 (f) PENALTIES.—Section 9 of the Act to Prevent Pollu22 tion from Ships (33 U.S.C. 1908) is amended—

23 (1) in subsection (a) by inserting ‘‘, Annex IV to

24 the Antarctic Protocol,’’ after ‘‘MARPOL Protocol,’’;
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1 (2) in subsection (b)(1) by inserting ‘‘, Annex IV

2 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto3 col,’’;

4 (3) in subsection (b)(2) by inserting ‘‘, Annex IV

5 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto6 col,’’;

7 (4) in subsection (d) by inserting ‘‘, Annex IV to

8 the Antarctic Protocol,’’ after ‘‘MARPOL Protocol,’’;

9 (5) in subsection (e) by inserting ‘‘, Annex IV to

10 the Antarctic Protocol,’’ after ‘‘MARPOL Protocol’’;

11 and

12 (6) in subsection (f) by inserting ‘‘or the Ant13 arctic Protocol’’ after ‘‘MARPOL Protocol’’ both

14 places it appears.

15 SEC. 202. PROHIBITION OF CERTAIN ANTARCTIC RESOURCE

16 ACTIVITIES.

17 (a) AGREEMENT OR LEGISLATION REQUIRED.—Sec18 tion 4 of the Antarctic Protection Act of 1990 (16 U.S.C.

19 2463) is amended by striking ‘‘Pending a new agreement

20 among the Antarctic Treaty Consultative Parties in force

21 for the United States, to which the Senate has given advice

22 and consent or which is authorized by further legislation

23 by the Congress, which provides an indefinite ban on Ant24 arctic mineral resource activities, it’’ and inserting in lieu

25 thereof ‘‘It’’.
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1 (b) REPEALS.—Sections 5 and 7 of such Act (16

2 U.S.C. 2464 and 2466) are repealed.

3 (c) REDESIGNATION.—Section 6 of such Act (16 U.S.C.

4 2465) is redesignated as section 5.

5 TITLE III—POLAR RESEARCH

6 AND POLICY STUDY

7 SEC. 301. POLAR RESEARCH AND POLICY STUDY.

8 Not later than March 1, 1997, the National Science

9 Foundation shall provide a detailed report to the Congress

10 on—

11 (1) the status of the implementation of the Arctic

12 Environmental Protection Strategy and Federal

13 funds being used for that purpose;

14 (2) all of the Federal programs relating to Arctic

15 and Antarctic research and the total amount of funds

16 expended annually for each such program, includ17 ing—

18 (A) a comparison of the funding for

19 logistical support in the Arctic and Antarctic;

20 (B) a comparison of the funding for re21 search in the Arctic and Antarctic;

22 (C) a comparison of any other amounts

23 being spent on Arctic and Antarctic programs;

24 and
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1 (D) an assessment of the actions taken to

2 implement the recommendations of the Arctic

3 Research Commission with respect to the use of

4 such funds for research and logistical support in

5 the Arctic.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3060

AMENDMENT
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