Calendar No. 445

104TH CONGRESS

2D SESSION H. R. 3060

AN ACT

To implement the Protocol on Environmental

Protection to the Antarctic Treaty.

JUNE 19, 1996

Read twice and ordered to be placed on the calendar
II

Calendar No. 445

104TH CONGRESS

2D SESSION H. R. 3060

IN THE SENATE OF THE UNITED STATES

JUNE 11, 1996

Received

JUNE 19, 1996

Read twice and ordered to be placed on the calendar

AN ACT

To implement the Protocol on Environmental Protection to

the Antarctic Treaty.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Antarctic Environ3 mental Protection Act of 1996’’.

4 TITLE I—AMENDMENTS TO THE

5 ANTARCTIC CONSERVATION

6 ACT OF 1978

7 SEC. 101. FINDINGS AND PURPOSE.

8 Section 2 of the Antarctic Conservation Act of 1978

9 (16 U.S.C. 2401) is amended to read as follows:

10 ‘‘SEC. 2. FINDINGS AND PURPOSE.

11 ‘‘(a) FINDINGS.—The Congress finds that the Ant12 arctic Treaty and the Protocol on Environmental Protec13 tion to the Antarctic Treaty establish a firm foundation

14 for the comprehensive protection of the Antarctic environ15 ment, the continuation of international cooperation, and

16 the freedom of scientific investigation in Antarctica.

17 ‘‘(b) PURPOSE.—The purpose of this Act is to pro18 vide legislative authority to implement, with respect to the

19 United States, the Protocol on Environmental Protection

20 to the Antarctic Treaty.’’.

21 SEC. 102. DEFINITIONS.

22 Section 3 of the Antarctic Conservation Act of 1978

23 (16 U.S.C. 2402) is amended to read as follows:

24 ‘‘SEC. 3. DEFINITIONS.

25 ‘‘For purposes of this Act—
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1 ‘‘(1) the term ‘Administrator’ means the Ad2 ministrator of the Environmental Protection Agency;

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

4 of 60 degrees south latitude;

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

6 Area’ means an area identified as such pursuant to

7 Annex V to the Protocol;

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

9 the National Science Foundation;

10 ‘‘(5) the term ‘harmful interference’ means—

11 ‘‘(A) flying or landing helicopters or other

12 aircraft in a manner that disturbs concentra13 tions of birds or seals;

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

15 hovercraft and small boats, in a manner that

16 disturbs concentrations of birds or seals;

17 ‘‘(C) using explosives or firearms in a

18 manner that disturbs concentrations of birds or

19 seals;

20 ‘‘(D) willfully disturbing breeding or

21 molting birds or concentrations of birds or seals

22 by persons on foot;

23 ‘‘(E) significantly damaging concentrations

24 of native terrestrial plants by landing aircraft,
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1 driving vehicles, or walking on them, or by

2 other means; and

3 ‘‘(F) any activity that results in the signifi4 cant adverse modification of habitats of any

5 species or population of native mammal, native

6 bird, native plant, or native invertebrate;

7 ‘‘(6) the term ‘historic site or monument’

8 means any site or monument listed as a historic site

9 or monument pursuant to Annex V to the Protocol;

10 ‘‘(7) the term ‘impact’ means impact on the

11 Antarctic environment and dependent and associated

12 ecosystems;

13 ‘‘(8) the term ‘import’ means to land on, bring

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

15 into or introduce into, any place subject to the juris16 diction of the United States, including the 12-mile

17 territorial sea of the United States, whether or not

18 such act constitutes an importation within the mean19 ing of the customs laws of the United States;

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

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

22 species of the class Aves which is indigenous to Ant23 arctica or occurs there seasonally through natural

24 migrations, and includes any part of such member;
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1 ‘‘(10) the term ‘native invertebrate’ means any

2 terrestrial or freshwater invertebrate, at any stage of

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

4 includes any part of such invertebrate;

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

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

7 of the class Mammalia, which is indigenous to Ant8 arctica or occurs there seasonally through natural

9 migrations, and includes any part of such member;

10 ‘‘(12) the term ‘native plant’ means any terres11 trial or freshwater vegetation, including bryophytes,

12 lichens, fungi, and algae, at any stage of its life

13 cycle (including seeds and other propagules), which

14 is indigenous to Antarctica, and includes any part of

15 such vegetation;

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

17 species of animal or plant which is not indigenous to

18 Antarctica and does not occur there seasonally

19 through natural migrations;

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

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

22 and includes any person subject to the jurisdiction

23 of the United States and any department, agency, or

24 other instrumentality of the Federal Government or

25 of any State or local government;
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1 ‘‘(15) the term ‘prohibited product’ means any

2 substance banned from introduction onto land or ice

3 shelves or into water in Antarctica pursuant to

4 Annex III to the Protocol;

5 ‘‘(16) the term ‘prohibited waste’ means any

6 substance which must be removed from Antarctica

7 pursuant to Annex III to the Protocol, but does not

8 include materials used for balloon envelopes required

9 for scientific research and weather forecasting;

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

11 Environmental Protection to the Antarctic Treaty,

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

13 thereto, including any future amendments thereto to

14 which the United States is a party;

15 ‘‘(18) the term ‘Secretary’ means the Secretary

16 of Commerce;

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

18 means any native species designated as a Specially

19 Protected Species pursuant to Annex II to the Pro20 tocol;

21 ‘‘(20) the term ‘take’ means to kill, injure, cap22 ture, handle, or molest a native mammal or bird, or

23 to remove or damage such quantities of native plants

24 that their local distribution or abundance would be

25 significantly affected;
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1 ‘‘(21) the term ‘Treaty’ means the Antarctic

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

3 1959;

4 ‘‘(22) the term ‘United States’ means the sev5 eral States of the Union, the District of Columbia,

6 the Commonwealth of Puerto Rico, American

7 Samoa, the Virgin Islands, Guam, the Common8 wealth of the Northern Mariana Islands, and any

9 other commonwealth, territory, or possession of the

10 United States; and

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

12 of the United States’ includes any ‘vessel of the

13 United States’ and any ‘vessel subject to the juris14 diction of the United States’ as those terms are de15 fined in section 303 of the Antarctic Marine Living

16 Resources Convention Act of 1984 (16 U.S.C.

17 2432).’’.

18 SEC. 103. PROHIBITED ACTS.

19 Section 4 of the Antarctic Conservation Act of 1978

20 (16 U.S.C. 2403) is amended to read as follows:

21 ‘‘SEC. 4. PROHIBITED ACTS.

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

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

24 land or ice shelves or into water in Antarctica;
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1 ‘‘(2) to dispose of any waste onto ice-free land

2 areas or into fresh water systems in Antarctica;

3 ‘‘(3) to dispose of any prohibited waste in Ant4 arctica;

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

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

7 Antarctica by any seagoing vessel not required to

8 comply with the Act to Prevent Pollution from Ships

9 (33 U.S.C. 1901 et seq.), unless the person has an

10 agreement with the vessel owner or operator under

11 which the owner or operator is required to comply

12 with Annex IV to the Protocol;

13 ‘‘(6) who organizes, sponsors, operates, or pro14 motes a nongovernmental expedition to Antarctica,

15 and who does business in the United States, to fail

16 to notify all members of the expedition of the envi17 ronmental protection obligations of this Act, and of

18 actions which members must take, or not take, in

19 order to comply with those obligations;

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

21 site or monument;

22 ‘‘(8) to refuse permission to any authorized offi23 cer or employee of the United States to board a ves24 sel, vehicle, or aircraft of the United States, or sub25 ject to the jurisdiction of the United States, for the
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1 purpose of conducting any search or inspection in

2 connection with the enforcement of this Act or any

3 regulation promulgated or permit issued under this

4 Act;

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

6 intimidate, or interfere with any authorized officer

7 or employee of the United States in the conduct of

8 any search or inspection described in paragraph (8);

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

10 any act prohibited by this section;

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

12 any means, the apprehension, arrest, or detention of

13 another person, knowing that such other person has

14 committed any act prohibited by this section;

15 ‘‘(12) to violate any regulation issued under

16 this Act, or any term or condition of any permit is17 sued to that person under this Act; or

18 ‘‘(13) to attempt to commit or cause to be com19 mitted any act prohibited by this section.

20 ‘‘(b) ACTS PROHIBITED UNLESS AUTHORIZED BY

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

22 by a permit issued under this Act—

23 ‘‘(1) to dispose of any waste in Antarctica (ex24 cept as otherwise authorized by the Act to Prevent

25 Pollution from Ships) including—
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1 ‘‘(A) disposing of any waste from land into

2 the sea in Antarctica; and

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

4 shelves in Antarctica, or on board vessels at

5 points of embarcation or debarcation, other

6 than through the use at remote field sites of in7 cinerator toilets for human waste;

8 ‘‘(2) to introduce into Antarctica any member

9 of a nonnative species;

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

11 Antarctic Specially Protected Area;

12 ‘‘(4) to engage in any taking or harmful inter13 ference in Antarctica; or

14 ‘‘(5) to receive, acquire, transport, offer for

15 sale, sell, purchase, import, export, or have custody,

16 control, or possession of, any native bird, native

17 mammal, or native plant which the person knows, or

18 in the exercise of due care should have known, was

19 taken in violation of this Act.

20 ‘‘(c) EXCEPTION FOR EMERGENCIES.—No act de21 scribed in subsection (a) (1), (2), (3), (4), (5), (7), (12),

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

23 committing the act reasonably believed that the act was

24 committed under emergency circumstances involving the

25 safety of human life or of ships, aircraft, or equipment
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1 or facilities of high value, or the protection of the environ2 ment.’’.

3 SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.

4 The Antarctic Conservation Act of 1978 is amended

5 by inserting after section 4 the following new section:

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

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

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

9 the Protocol shall be implemented by applying the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

11 et seq.) to proposals for Federal agency activities in Ant12 arctica, as specified in this section.

13 ‘‘(B) The obligations contained in section 102(2)(C)

14 of the National Environmental Policy Act of 1969 (42

15 U.S.C. 4332(2)(C)) shall apply to all proposals for Federal

16 agency activities occurring in Antarctica and affecting the

17 quality of the human environment in Antarctica or de18 pendent or associated ecosystems, only as specified in this

19 section. For purposes of the application of such section

20 102(2)(C) under this subsection, the term ‘significantly

21 affecting the quality of the human environment’ shall have

22 the same meaning as the term ‘more than a minor or tran23 sitory impact’.

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

25 a Federal activity in Antarctica determines that the activ-
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1 ity will have less than a minor or transitory impact, or

2 unless a comprehensive environmental evaluation is being

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

4 shall prepare an initial environmental evaluation in ac5 cordance with Article 2 of Annex I to the Protocol.

6 ‘‘(B) If the agency determines, through the prepara7 tion of the initial environmental evaluation, that the pro8 posed Federal activity is likely to have no more than a

9 minor or transitory impact, the activity may proceed if ap10 propriate procedures are put in place to assess and verify

11 the impact of the activity.

12 ‘‘(C) If the agency determines, through the prepara13 tion of the initial environmental evaluation or otherwise,

14 that a proposed Federal activity is likely to have more

15 than a minor or transitory impact, the agency shall pre16 pare and circulate a comprehensive environmental evalua17 tion in accordance with Article 3 of Annex I to the Proto18 col, and shall make such comprehensive environmental

19 evaluation publicly available for comment.

20 ‘‘(3) Any agency decision under this section on

21 whether a proposed Federal activity, to which paragraph

22 (2)(C) applies, should proceed, and, if so, whether in its

23 original or in a modified form, shall be based on the com24 prehensive environmental evaluation as well as other con-
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1 siderations which the agency, in the exercise of its discre2 tion, considers relevant.

3 ‘‘(4) For the purposes of this section, the term ‘Fed4 eral activity’ includes all activities conducted under a Fed5 eral agency research program in Antarctica, whether or

6 not conducted by a Federal agency.

7 ‘‘(b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY

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

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

10 any Federal activity in Antarctica which is proposed to

11 be conducted, or which is conducted, jointly or in coopera12 tion with one or more foreign governments. Such term

13 shall be defined in regulations promulgated by such agen14 cies as the President may designate.

15 ‘‘(2) Where the Secretary of State, in cooperation

16 with the lead United States agency planning an Antarctic

17 joint activity, determines that—

18 ‘‘(A) the major part of the joint activity is

19 being contributed by a government or governments

20 other than the United States;

21 ‘‘(B) one such government is coordinating the

22 implementation of environmental impact assessment

23 procedures for that activity; and

24 ‘‘(C) such government has signed, ratified, or

25 acceded to the Protocol,
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1 the requirements of subsection (a) of this section shall not

2 apply with respect to that activity.

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

4 those described in paragraph (2), the requirements of sub5 section (a) of this section shall apply with respect to that

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

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

8 agency actions and decisions in connection with assess9 ments of impacts of Antarctic joint activities, shall not be

10 subject to judicial review.

11 ‘‘(c) NONGOVERNMENTAL ACTIVITIES.—(1) The Ad12 ministrator shall, within 2 years after the date of the en13 actment of the Antarctic Environmental Protection Act of

14 1996, promulgate regulations to provide for—

15 ‘‘(A) the environmental impact assessment of

16 nongovernmental activities, including tourism, for

17 which the United States is required to give advance

18 notice under paragraph 5 of Article VII of the Trea19 ty; and

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

21 regarding environmental impact assessment received

22 from other Parties under the Protocol.

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

24 I to the Protocol.
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1 ‘‘(d) DECISION TO PROCEED.—(1) No decision shall

2 be taken to proceed with an activity for which a com3 prehensive environmental evaluation is prepared under

4 this section unless there has been an opportunity for con5 sideration of the draft comprehensive environmental eval6 uation at an Antarctic Treaty Consultative Meeting, ex7 cept that no decision to proceed with a proposed activity

8 shall be delayed through the operation of this paragraph

9 for more than 15 months from the date of circulation of

10 the draft comprehensive environmental evaluation pursu11 ant to Article 3(3) of Annex I to the Protocol.

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

13 comprehensive environmental evaluation, in accordance

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

15 days before the commencement of the activity in Antarc16 tica.

17 ‘‘(e) CASES OF EMERGENCY.—The requirements of

18 this section, and of regulations promulgated under this

19 section, shall not apply in cases of emergency relating to

20 the safety of human life or of ships, aircraft, or equipment

21 and facilities of high value, or the protection of the envi22 ronment, which require an activity to be undertaken with23 out fulfilling those requirements.

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

25 other provision of law, the requirements of this section
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1 shall constitute the sole and exclusive statutory obligations

2 of the Federal agencies with regard to assessing the envi3 ronmental impacts of proposed Federal activities occur4 ring in Antarctica.

5 ‘‘(g) DECISIONS ON PERMIT APPLICATIONS.—The

6 provisions of this section requiring environmental impact

7 assessments (including initial environmental evaluations

8 and comprehensive environmental evaluations) shall not

9 apply to Federal actions with respect to issuing permits

10 under section 5.

11 ‘‘(h) PUBLICATION OF NOTICES.—Whenever the Sec12 retary of State makes a determination under paragraph

13 (2) of subsection (b) of this section, or receives a draft

14 comprehensive environmental evaluation in accordance

15 with Annex I, Article 3(3) to the Protocol, the Secretary

16 of State shall cause timely notice thereof to be published

17 in the Federal Register.’’.

18 SEC. 105. PERMITS.

19 Section 5 of the Antarctic Conservation Act of 1978

20 (16 U.S.C. 2404) is amended—

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

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

23 (2) in subsection (c)(1)(B) by striking ‘‘Spe24 cial’’ and inserting in lieu thereof ‘‘Species’’; and

25 (3) in subsection (e)—
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1 (A) by striking ‘‘or native plants to which

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

3 inserting in lieu thereof ‘‘native plants, or na4 tive invertebrates to which the permit applies,

5 and’’;

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

7 (iii) and inserting in lieu thereof the following

8 new clause:

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

10 harmful interference shall be conducted (which

11 manner shall be determined by the Director to

12 be humane) and the area in which it will be

13 conducted;’’;

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

15 than within any specially protected area)’’ in

16 paragraph (2)(A) and inserting in lieu thereof

17 ‘‘or harmful interference within Antarctica’’;

18 (D) by striking ‘‘specially protected spe19 cies’’ in paragraph (2) (A) and (B) and insert20 ing in lieu thereof ‘‘Specially Protected Spe21 cies’’;

22 (E) by striking ‘‘; and’’ at the end of para23 graph (2)(A)(i)(II) and inserting in lieu thereof

24 ‘‘, or’’;
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1 (F) by adding after paragraph

2 (2)(A)(i)(II) the following new subclause:

3 ‘‘(III) for unavoidable consequences of

4 scientific activities or the construction and

5 operation of scientific support facilities;

6 and’’;

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

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

9 thereof ‘‘within Antarctica are’’; and

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

11 of paragraph (2) and inserting in lieu thereof

12 the following new subparagraph:

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

14 Antarctic Specially Protected Area shall be issued

15 only—

16 ‘‘(i) if the entry is consistent with an ap17 proved management plan, or

18 ‘‘(ii) if a management plan relating to the

19 area has not been approved but—

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

21 such entry which cannot be served else22 where, and

23 ‘‘(II) the actions allowed under the

24 permit will not jeopardize the natural eco25 logical system existing in such area.’’.
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1 SEC. 106. REGULATIONS.

2 Section 6 of the Antarctic Conservation Act of 1978

3 (16 U.S.C. 2405) is amended to read as follows:

4 ‘‘SEC. 6. REGULATIONS.

5 ‘‘(a) REGULATIONS TO BE ISSUED BY THE DIREC6 TOR.—(1) The Director shall issue such regulations as are

7 necessary and appropriate to implement Annex II and

8 Annex V to the Protocol and the provisions of this Act

9 which implement those annexes, including section 4(b) (2),

10 (3), (4), and (5) of this Act. The Director shall designate

11 as native species—

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

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

14 ‘‘(C) each species of plant,

15 which is indigenous to Antarctica or which occurs there

16 seasonally through natural migrations.

17 ‘‘(2) The Director, with the concurrence of the Ad18 ministrator, shall issue such regulations as are necessary

19 and appropriate to implement Annex III to the Protocol

20 and the provisions of this Act which implement that

21 Annex, including section 4(a) (1), (2), (3), and (4), and

22 section 4(b)(1) of this Act.

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

24 necessary and appropriate to implement Article 15 of the

25 Protocol with respect to land areas and ice shelves in Ant26 arctica.
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1 ‘‘(4) The Director shall issue such additional regula2 tions as are necessary and appropriate to implement the

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

4 ‘‘(b) REGULATIONS TO BE ISSUED BY THE SEC5 RETARY OF THE DEPARTMENT IN WHICH THE COAST

6 GUARD IS OPERATING.—The Secretary of the Depart7 ment in which the Coast Guard is operating shall issue

8 such regulations as are necessary and appropriate, in ad9 dition to regulations issued under the Act to Prevent Pol10 lution from Ships (33 U.S.C. 1901 et seq.), to implement

11 Annex IV to the Protocol and the provisions of this Act

12 which implement that Annex, and, with the concurrence

13 of the Director, such regulations as are necessary and ap14 propriate to implement Article 15 of the Protocol with re15 spect to vessels.

16 ‘‘(c) TIME PERIOD FOR REGULATIONS.—The regula17 tions to be issued under subsection (a) (1) and (2) of this

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

19 the enactment of the Antarctic Environmental Protection

20 Act of 1996. The regulations to be issued under subsection

21 (a)(3) of this section shall be issued within 3 years after

22 the date of the enactment of the Antarctic Environmental

23 Protection Act of 1996.’’.
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1 SEC. 107. SAVING PROVISIONS.

2 Section 14 of the Antarctic Conservation Act of 1978

3 is amended to read as follows:

4 ‘‘SEC. 14. SAVING PROVISIONS.

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

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

7 Antarctic Environmental Protection Act of 1996 shall re8 main in effect until superseding regulations are promul9 gated under section 6.

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

11 shall remain in effect until they expire in accordance with

12 the terms of those permits.’’.

13 TITLE II—AMENDMENTS TO ANT14 ARCTIC PROTECTION ACT OF

15 1990

16 SEC. 201. FINDING AND PURPOSE.

17 Section 2 of the Antarctic Protection Act of 1990 (16

18 U.S.C. 2461) is amended to read as follows:

19 ‘‘SEC. 2. FINDING AND PURPOSE.

20 ‘‘(a) FINDING.—The Congress finds that the Protocol

21 on Environmental Protection to the Antarctic Treaty pro22 hibits indefinitely Antarctic mineral resource activities.

23 ‘‘(b) PURPOSE.—The purpose of this Act is to pro24 vide legislative authority to implement, with respect to the

25 United States, Article 7 of the Protocol on Environmental

26 Protection to the Antarctic Treaty.’’.
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1 SEC. 202. PROHIBITION OF ANTARCTIC MINERAL RE2 SOURCE ACTIVITIES.

3 Section 4 of the Antarctic Protection Act of 1990 (16

4 U.S.C. 2463) is amended by striking ‘‘Pending a new

5 agreement among the Antarctic Treaty Consultative Par6 ties in force for the United States, to which the Senate

7 has given advice and consent or which is authorized by

8 further legislation by the Congress, which provides an in9 definite ban on Antarctic mineral resource activities, it’’

10 and inserting in lieu thereof ‘‘It’’.

11 SEC. 203. ADDITIONAL AMENDMENTS.

12 (a) REPEALS.—Sections 5 and 7 of the Antarctic

13 Protection Act of 1990 (16 U.S.C. 2464 and 2466) are

14 repealed.

15 (b) REDESIGNATION.—Section 6 of the Antarctic

16 Protection Act of 1990 (16 U.S.C. 2465) is redesignated

17 as section 5.

18 TITLE III—AMENDMENTS TO

19 THE ACT TO PREVENT POLLU20 TION FROM SHIPS

21 SEC. 301. AMENDMENTS.

22 (a) DEFINITIONS.—Section 2 of the Act to Prevent

23 Pollution from Ships (33 U.S.C. 1901) is amended—

24 (1) by redesignating paragraphs (1) through

25 (10) of subsection (a) as paragraphs (3) through

26 (12), respectively;
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1 (2) by inserting before paragraph (3), as so re2 designated by paragraph (1) of this subsection, the

3 following new paragraphs:

4 ‘‘(1) ‘Antarctica’ means the area south of 60

5 degrees south latitude;

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

7 Environmental Protection to the Antarctic Treaty,

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

9 thereto, and includes any future amendments thereto

10 which have entered into force;’’; and

11 (3) by adding at the end the following new sub12 section:

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

14 of Annex IV to the Antarctic Protocol shall apply in Ant15 arctica to all vessels over which the United States has ju16 risdiction.’’.

17 (b) APPLICATION OF ACT.—Section 3(b)(1)(B) of the

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

19 1902(b)(1)(B)) is amended by inserting ‘‘or the Antarctic

20 Protocol’’ after ‘‘MARPOL Protocol’’.

21 (c) ADMINISTRATION.—Section 4 of the Act to Pre22 vent Pollution from Ships (33 U.S.C. 1903) is amended—

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

24 Protocol,’’ after ‘‘the MARPOL Protocol’’ in the

25 first sentence of subsection (a);
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1 (2) in subsection (b)(1) by inserting ‘‘, Annex

2 IV to the Antarctic Protocol,’’ after ‘‘the MARPOL

3 Protocol’’;

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

5 1 year after the effective date of this paragraph,’’;

6 and

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

8 of Annex IV to the Antarctic Protocol’’ after ‘‘the

9 Convention’’.

10 (d) POLLUTION RECEPTION FACILITIES.—Section 6

11 of the Act to Prevent Pollution from Ships (33 U.S.C.

12 1905) is amended—

13 (1) in subsection (b) by inserting ‘‘or the Ant14 arctic Protocol’’ after ‘‘the MARPOL Protocol’’;

15 (2) in subsection (e)(1) by inserting ‘‘or the

16 Antarctic Protocol’’ after ‘‘the Convention’’;

17 (3) in subsection (e)(1)(A) by inserting ‘‘or Ar18 ticle 9 of Annex IV to the Antarctic Protocol’’ after

19 ‘‘the Convention’’; and

20 (4) in subsection (f) by inserting ‘‘or the Ant21 arctic Protocol’’ after ‘‘the MARPOL Protocol’’.

22 (e) VIOLATIONS.—Section 8 of the Act to Prevent

23 Pollution from Ships (33 U.S.C. 1907) is amended—
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1 (1) in the first sentence of subsection (a) by in2 serting ‘‘Annex IV to the Antarctic Protocol,’’ after

3 ‘‘MARPOL Protocol,’’;

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

5 (A) by inserting ‘‘or to the Antarctic Pro6 tocol’’ after ‘‘to the MARPOL Protocol’’; and

7 (B) by inserting ‘‘and Annex IV to the

8 Antarctic Protocol’’ after ‘‘of the MARPOL

9 Protocol’’;

10 (3) in subsection (b) by inserting ‘‘or the Ant11 arctic Protocol’’ after ‘‘MARPOL Protocol’’ both

12 places it appears;

13 (4) in subsection (c)(1) by inserting ‘‘, of Arti14 cle 3 or Article 4 of Annex IV to the Antarctic Pro15 tocol,’’ after ‘‘to the Convention’’;

16 (5) in subsection (c)(2) by inserting ‘‘or the

17 Antarctic Protocol’’ after ‘‘which the MARPOL Pro18 tocol’’;

19 (6) in subsection (c)(2)(A) by inserting ‘‘,

20 Annex IV to the Antarctic Protocol,’’ after

21 ‘‘MARPOL Protocol’’;

22 (7) in subsection (c)(2)(B)—

23 (A) by inserting ‘‘or the Antarctic Proto24 col’’ after ‘‘to the MARPOL Protocol’’; and
26

•HR 3060 PCS

1 (B) by inserting ‘‘or Annex IV to the Ant2 arctic Protocol’’ after ‘‘of the MARPOL Proto3 col’’;

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

5 5 of Annex IV to the Antarctic Protocol,’’ after

6 ‘‘Convention’’;

7 (9) in subsection (e)(1)—

8 (A) by inserting ‘‘or the Antarctic Proto9 col’’ after ‘‘MARPOL Protocol’’; and

10 (B) by striking ‘‘that Protocol’’ and insert11 ing in lieu thereof ‘‘those Protocols’’; and

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

13 Annex IV to the Antarctic Protocol,’’ after

14 ‘‘MARPOL Protocol’’.

15 (f) PENALTIES.—Section 9 of the Act to Prevent Pol16 lution from Ships (33 U.S.C. 1908) is amended—

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

18 the Antarctic Protocol,’’ after ‘‘MARPOL Proto19 col,’’;

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

21 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto22 col,’’;

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

24 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto25 col,’’;
27

•HR 3060 PCS

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

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

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

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

7 (6) in subsection (f) by inserting ‘‘or the Ant8 arctic Protocol’’ after ‘‘MARPOL Protocol’’ both

9 places it appears.

Passed the House of Representatives June 10, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.