H. R. 3060

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To implement the Protocol on Environmental Protection to the Antarctic Treaty.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Antarctic Science, Tourism,

and Conservation Act of 1996’’.

TITLE I—AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978

SEC. 101. FINDINGS AND PURPOSE.

(a) FINDINGS.—Section 2(a) of the Antarctic Conservation Act

of 1978 (16 U.S.C. 2401(a)) is amended—

(1) by redesignating paragraphs (1) and (2) as paragraphs

(4) and (5) respectively, and inserting before paragraph (4),

as redesignated, the following:

‘‘(1) for well over a quarter of a century, scientific investigation has been the principal activity of the Federal Government

and United States nationals in Antarctica;

‘‘(2) more recently, interest of American tourists in Antarctica has increased;

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

Science Foundation has long had responsibility for ensuring

that United States scientific activities and tourism, and their

supporting logistics operations, are conducted with an eye to

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

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

of Antarctic Fauna and Flora, adopted at the Third Antarctic

Treaty Consultative Meeting, have established a firm foundation’’ in paragraph (4), as redesignated, and inserting ‘‘the

Protocol establish a firm foundation for the conservation of

Antarctic resources,’’;

(3) by striking paragraph (5), as redesignated, and inserting

the following:

‘‘(5) the Antarctic Treaty and the Protocol establish international mechanisms and create legal obligations necessary

for the maintenance of Antarctica as a natural reserve devoted

to peace and science.’’.

(b) PURPOSE.—Section 2(b) of such Act (16 U.S.C. 2401(b))

is amended by striking ‘‘Treaty, the Agreed Measures for the

Conservation of Antarctic Fauna and Flora, and Recommendation
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VII–3 of the Eighth Antarctic Treaty Consultative Meeting’’ and

inserting ‘‘Treaty and the Protocol’’.

SEC. 102. DEFINITIONS.

Section 3 of the Antarctic Conservation Act of 1978 (16 U.S.C.

2402) is amended to read as follows:

‘‘SEC. 3. DEFINITIONS.

‘‘For purposes of this Act—

‘‘(1) the term ‘Administrator’ means the Administrator of

the Environmental Protection Agency;

‘‘(2) the term ‘Antarctica’ means the area south of 60

degrees south latitude;

‘‘(3) the term ‘Antarctic Specially Protected Area’ means

an area identified as such pursuant to Annex V to the Protocol;

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

Science Foundation;

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

‘‘(A) flying or landing helicopters or other aircraft in

a manner that disturbs concentrations of birds or seals;

‘‘(B) using vehicles or vessels, including hovercraft and

small boats, in a manner that disturbs concentrations of

birds or seals;

‘‘(C) using explosives or firearms in a manner that

disturbs concentrations of birds or seals;

‘‘(D) willfully disturbing breeding or molting birds or

concentrations of birds or seals by persons on foot;

‘‘(E) significantly damaging concentrations of native

terrestrial plants by landing aircraft, driving vehicles, or

walking on them, or by other means; and

‘‘(F) any activity that results in the significant adverse

modification of habitats of any species or population of

native mammal, native bird, native plant, or native invertebrate;

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

or monument listed as an historic site or monument pursuant

to Annex V to the Protocol;

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

environment and dependent and associated ecosystems;

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

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

into, any place subject to the jurisdiction of the United States,

including the 12-mile territorial sea of the United States,

whether or not such act constitutes an importation within

the meaning of the customs laws of the United States;

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

stage of its life cycle (including eggs), of any species of the

class Aves which is indigenous to Antarctica or occurs there

seasonally through natural migrations, and includes any part

of such member;

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

or freshwater invertebrate, at any stage of its life cycle, which

is indigenous to Antarctica, and includes any part of such

invertebrate;

‘‘(11) the term ‘native mammal’ means any member, at

any stage of its life cycle, of any species of the class Mammalia,

which is indigenous to Antarctica or occurs there seasonally
H. R. 3060—3

through natural migrations, and includes any part of such

member;

‘‘(12) the term ‘native plant’ means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi, and

algae, at any stage of its life cycle (including seeds and other

propagules), which is indigenous to Antarctica, and includes

any part of such vegetation;

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

animal or plant which is not indigenous to Antarctica and

does not occur there seasonally through natural migrations;

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

in section 1 of title 1, United States Code, and includes any

person subject to the jurisdiction of the United States and

any department, agency, or other instrumentality of the Federal

Government or of any State or local government;

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

banned from introduction onto land or ice shelves or into water

in Antarctica pursuant to Annex III to the Protocol;

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

which must be removed from Antarctica pursuant to Annex

III to the Protocol, but does not include materials used for

balloon envelopes required for scientific research and weather

forecasting;

‘‘(17) the term ‘Protocol’ means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4,

1991, in Madrid, and all annexes thereto, including any future

amendments thereto to which the United States is a party;

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

Commerce;

‘‘(19) the term ‘Specially Protected Species’ means any

native species designated as a Specially Protected Species

pursuant to Annex II to the Protocol;

‘‘(20) the term ‘take’ means to kill, injure, capture, handle,

or molest a native mammal or bird, or to remove or damage

such quantities of native plants that their local distribution

or abundance would be significantly affected;

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

in Washington, DC, on December 1, 1959;

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

of the Union, the District of Columbia, the Commonwealth

of Puerto Rico, American Samoa, the Virgin Islands, Guam,

the Commonwealth of the Northern Mariana Islands, and any

other commonwealth, territory, or possession of the United

States; and

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

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

any ‘vessel subject to the jurisdiction of the United States’

as those terms are defined in section 303 of the Antarctic

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

2432).’’.

SEC. 103. PROHIBITED ACTS.

Section 4 of the Antarctic Conservation Act of 1978 (16 U.S.C.

2403) is amended to read as follows:

‘‘SEC. 4. PROHIBITED ACTS.

‘‘(a) IN GENERAL.—It is unlawful for any person—
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‘‘(1) to introduce any prohibited product onto land or ice

shelves or into water in Antarctica;

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

into fresh water systems in Antarctica;

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

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

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

by any seagoing vessel not required to comply with the Act

to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), unless

the person has an agreement with the vessel owner or operator

under which the owner or operator is required to comply with

Annex IV to the Protocol;

‘‘(6) who organizes, sponsors, operates, or promotes a nongovernmental expedition to Antarctica, and who does business

in the United States, to fail to notify all members of the

expedition of the environmental protection obligations of this

Act, and of actions which members must take, or not take,

in order to comply with those obligations;

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

monument;

‘‘(8) to refuse permission to any authorized officer or

employee of the United States to board a vessel, vehicle,

or aircraft of the United States, or subject to the jurisdiction

of the United States, for the purpose of conducting any

search or inspection in connection with the enforcement of

this Act or any regulation promulgated or permit issued under

this Act;

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

or interfere with any authorized officer or employee of the

United States in the conduct of any search or inspection

described in paragraph (8);

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

prohibited by this section;

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

the apprehension, arrest, or detention of another person, knowing that such other person has committed any act prohibited

by this section;

‘‘(12) to violate any regulation issued under this Act, or

any term or condition of any permit issued to that person

under this Act; or

‘‘(13) to attempt to commit or cause to be committed any

act prohibited by this section.

‘‘(b) ACTS PROHIBITED UNLESS AUTHORIZED BY PERMIT.—It is

unlawful for any person, unless authorized by a permit issued

under this Act—

‘‘(1) to dispose of any waste in Antarctica (except as otherwise authorized by the Act to Prevent Pollution from Ships)

including—

‘‘(A) disposing of any waste from land into the sea

in Antarctica; and

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

in Antarctica, or on board vessels at points of embarcation

or debarcation, other than through the use at remote field

sites of incinerator toilets for human waste;

‘‘(2) to introduce into Antarctica any member of a nonnative

species;
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‘‘(3) to enter or engage in activities within any Antarctic

Specially Protected Area;

‘‘(4) to engage in any taking or harmful interference in

Antarctica; or

‘‘(5) to receive, acquire, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession

of, any native bird, native mammal, or native plant which

the person knows, or in the exercise of due care should have

known, was taken in violation of this Act.

‘‘(c) EXCEPTION FOR EMERGENCIES.—No act described in subsection (a)(1), (2), (3), (4), (5), (7), (12), or (13) or in subsection

(b) shall be unlawful if the person committing the act reasonably

believed that the act was committed under emergency circumstances

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

or facilities of high value, or the protection of the environment.’’.

SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.

The Antarctic Conservation Act of 1978 is amended by inserting

after section 4 the following new section:

‘‘SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.

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

States under Article 8 of and Annex I to the Protocol shall be

implemented by applying the National Environmental Policy Act

of 1969 (42 U.S.C. 4321 et seq.) to proposals for Federal agency

activities in Antarctica, as specified in this section.

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

National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C))

shall apply to all proposals for Federal agency activities occurring

in Antarctica and affecting the quality of the human environment

in Antarctica or dependent or associated ecosystems, only as specified in this section. For purposes of the application of such section

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

the quality of the human environment’’ shall have the same meaning as the term ‘‘more than a minor or transitory impact’’.

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

activity in Antarctica determines that the activity will have less

than a minor or transitory impact, or unless a comprehensive

environmental evaluation is being prepared in accordance with

subparagraph (C), the agency shall prepare an initial environmental

evaluation in accordance with Article 2 of Annex I to the Protocol.

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

initial environmental evaluation, that the proposed Federal activity

is likely to have no more than a minor or transitory impact, the

activity may proceed if appropriate procedures are put in place

to assess and verify the impact of the activity.

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

initial environmental evaluation or otherwise, that a proposed Federal activity is likely to have more than a minor or transitory

impact, the agency shall prepare and circulate a comprehensive

environmental evaluation in accordance with Article 3 of Annex

I to the Protocol, and shall make such comprehensive environmental

evaluation publicly available for comment.

‘‘(3) Any agency decision under this section on whether a proposed Federal activity, to which paragraph (2)(C) applies, should

proceed, and, if so, whether in its original or in a modified form,

shall be based on the comprehensive environmental evaluation as
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well as other considerations which the agency, in the exercise

of its discretion, considers relevant.

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

includes all activities conducted under a Federal agency research

program in Antarctica, whether or not conducted by a Federal

agency.

‘‘(b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY WITH FOREIGN

GOVERNMENTS.—(1) For the purposes of this subsection, the term

‘Antarctic joint activity’ means any Federal activity in Antarctica

which is proposed to be conducted, or which is conducted, jointly

or in cooperation with one or more foreign governments. Such

term shall be defined in regulations promulgated by such agencies

as the President may designate.

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

lead United States agency planning an Antarctic joint activity,

determines that—

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

by a government or governments other than the United States;

‘‘(B) one such government is coordinating the implementation of environmental impact assessment procedures for that

activity; and

‘‘(C) such government has signed, ratified, or acceded to

the Protocol,

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

with respect to that activity.

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

described in paragraph (2), the requirements of subsection (a) of

this section shall apply with respect to that activity, except as

provided in paragraph (4).

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

actions and decisions in connection with assessments of impacts

of Antarctic joint activities, shall not be subject to judicial review.

‘‘(c) NONGOVERNMENTAL ACTIVITIES.—(1) The Administrator

shall, within 2 years after the date of the enactment of the Antarctic

Science, Tourism, and Conservation Act of 1996, promulgate regulations to provide for—

‘‘(A) the environmental impact assessment of nongovernmental activities, including tourism, for which the United

States is required to give advance notice under paragraph

5 of Article VII of the Treaty; and

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

environmental impact assessment received from other Parties

under the Protocol.

‘‘(2) Such regulations shall be consistent with Annex I to the

Protocol.

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

to proceed with an activity for which a comprehensive environmental evaluation is prepared under this section unless there has

been an opportunity for consideration of the draft comprehensive

environmental evaluation at an Antarctic Treaty Consultative Meeting, except that no decision to proceed with a proposed activity

shall be delayed through the operation of this paragraph for more

than 15 months from the date of circulation of the draft comprehensive environmental evaluation pursuant to Article 3(3) of Annex

I to the Protocol.

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

comprehensive environmental evaluation, in accordance with Article
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3(6) of Annex I to the Protocol, at least 60 days before the

commencement of the activity in Antarctica.

‘‘(e) CASES OF EMERGENCY.—The requirements of this section,

and of regulations promulgated under this section, shall not apply

in cases of emergency relating to the safety of human life or of

ships, aircraft, or equipment and facilities of high value, or the

protection of the environment, which require an activity to be

undertaken without fulfilling those requirements.

‘‘(f) EXCLUSIVE MECHANISM.—Notwithstanding any other provision of law, the requirements of this section shall constitute the

sole and exclusive statutory obligations of the Federal agencies

with regard to assessing the environmental impacts of proposed

Federal activities occurring in Antarctica.

‘‘(g) DECISIONS ON PERMIT APPLICATIONS.—The provisions of

this section requiring environmental impact assessments (including

initial environmental evaluations and comprehensive environmental

evaluations) shall not apply to Federal actions with respect to

issuing permits under section 5.

‘‘(h) PUBLICATION OF NOTICES.—Whenever the Secretary of

State makes a determination under paragraph (2) of subsection

(b) of this section, or receives a draft comprehensive environmental

evaluation in accordance with Annex I, Article 3(3) to the Protocol,

the Secretary of State shall cause timely notice thereof to be published in the Federal Register.’’.

SEC. 105. PERMITS.

Section 5 of the Antarctic Conservation Act of 1978 (16 U.S.C.

2404) is amended—

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

in lieu thereof ‘‘section 4(b)’’;

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

in lieu thereof ‘‘Species’’; and

(3) in subsection (e)—

(A) by striking ‘‘or native plants to which the permit

applies,’’ in paragraph (1)(A)(i) and inserting in lieu thereof

‘‘native plants, or native invertebrates to which the permit

applies, and’’;

(B) by striking paragraph (1)(A)(ii) and (iii) and inserting in lieu thereof the following new clause:

‘‘(ii) the manner in which the taking or harmful interference shall be conducted (which manner shall be determined by the Director to be humane) and the area in

which it will be conducted;’’;

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

any specially protected area)’’ in paragraph (2)(A) and

inserting in lieu thereof ‘‘or harmful interference within

Antarctica’’;

(D) by striking ‘‘specially protected species’’ in paragraph (2)(A) and (B) and inserting in lieu thereof ‘‘Specially

Protected Species’’;

(E) by striking ‘‘; and’’ at the end of paragraph

(2)(A)(i)(II) and inserting in lieu thereof ‘‘, or’’;

(F) by adding after paragraph (2)(A)(i)(II) the following

new subclause:

‘‘(III) for unavoidable consequences of scientific

activities or the construction and operation of scientific

support facilities; and’’;
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(G) by striking ‘‘with Antarctica and’’ in paragraph

(2)(A)(ii)(II) and inserting in lieu thereof ‘‘within Antarctica

are’’; and

(H) by striking subparagraphs (C) and (D) of paragraph

(2) and inserting in lieu thereof the following new subparagraph:

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

Specially Protected Area shall be issued only—

‘‘(i) if the entry is consistent with an approved management plan, or

‘‘(ii) if a management plan relating to the area has

not been approved but—

‘‘(I) there is a compelling purpose for such entry

which cannot be served elsewhere, and

‘‘(II) the actions allowed under the permit will

not jeopardize the natural ecological system existing

in such area.’’.

SEC. 106. REGULATIONS.

Section 6 of the Antarctic Conservation Act of 1978 (16 U.S.C.

2405) is amended to read as follows:

‘‘SEC. 6. REGULATIONS.

‘‘(a) REGULATIONS TO BE ISSUED BY THE DIRECTOR.—(1) The

Director shall issue such regulations as are necessary and appropriate to implement Annex II and Annex V to the Protocol and

the provisions of this Act which implement those annexes, including

section 4(b)(2), (3), (4), and (5) of this Act. The Director shall

designate as native species—

‘‘(A) each species of the class Aves;

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

‘‘(C) each species of plant,

which is indigenous to Antarctica or which occurs there seasonally

through natural migrations.

‘‘(2) The Director, with the concurrence of the Administrator,

shall issue such regulations as are necessary and appropriate to

implement Annex III to the Protocol and the provisions of this

Act which implement that Annex, including section 4(a)(1), (2),

(3), and (4), and section 4(b)(1) of this Act.

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

and appropriate to implement Article 15 of the Protocol with respect

to land areas and ice shelves in Antarctica.

‘‘(4) The Director shall issue such additional regulations as

are necessary and appropriate to implement the Protocol and this

Act, except as provided in subsection (b).

‘‘(b) REGULATIONS TO BE ISSUED BY THE SECRETARY OF THE

DEPARTMENT IN WHICH THE COAST GUARD IS OPERATING.—The

Secretary of the Department in which the Coast Guard is operating

shall issue such regulations as are necessary and appropriate, in

addition to regulations issued under the Act to Prevent Pollution

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

the Protocol and the provisions of this Act which implement that

Annex, and, with the concurrence of the Director, such regulations

as are necessary and appropriate to implement Article 15 of the

Protocol with respect to vessels.

‘‘(c) TIME PERIOD FOR REGULATIONS.—The regulations to be

issued under subsection (a)(1) and (2) of this section shall be issued

within 2 years after the date of the enactment of the Antarctic
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Science, Tourism, and Conservation Act of 1996. The regulations

to be issued under subsection (a)(3) of this section shall be issued

within 3 years after the date of the enactment of the Antarctic

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

SEC. 107. SAVING PROVISIONS.

Section 14 of the Antarctic Conservation Act of 1978 is amended

to read as follows:

‘‘SEC. 14. SAVING PROVISIONS.

‘‘(a) REGULATIONS.—All regulations promulgated under this Act

prior to the date of the enactment of the Antarctic Science, Tourism,

and Conservation Act of 1996 shall remain in effect until superseding regulations are promulgated under section 6.

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

in effect until they expire in accordance with the terms of those

permits.’’.

TITLE II—CONFORMING AMENDMENTS

TO OTHER LAWS

SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS.

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

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

(1) by redesignating paragraphs (1) through (10) of subsection (a) as paragraphs (3) through (12), respectively;

(2) by inserting before paragraph (3), as so redesignated

by paragraph (1) of this subsection, the following new paragraphs:

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

latitude;

‘‘(2) ‘Antarctic Protocol’ means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4,

1991, in Madrid, and all annexes thereto, and includes any

future amendments thereto which have entered into force;’’;

and

(3) by adding at the end the following new subsection:

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

IV to the Antarctic Protocol shall apply in Antarctica to all vessels

over which the United States has jurisdiction.’’.

(b) APPLICATION OF ACT.—Section 3(b)(1)(B) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended

by inserting ‘‘or the Antarctic Protocol’’ after ‘‘MARPOL Protocol’’.

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

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

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

after ‘‘the MARPOL Protocol’’ in the first sentence of

subsection (a);

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

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

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

the effective date of this paragraph,’’; and

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

IV to the Antarctic Protocol’’ after ‘‘the Convention’’.

(d) POLLUTION RECEPTION FACILITIES.—Section 6 of the Act

to Prevent Pollution from Ships (33 U.S.C. 1905) is amended—
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(1) in subsection (b) by inserting ‘‘or the Antarctic Protocol’’

after ‘‘the MARPOL Protocol’’;

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

Protocol’’ after ‘‘the Convention’’;

(3) in subsection (e)(1)(A) by inserting ‘‘or Article 9 of

Annex IV to the Antarctic Protocol’’ after ‘‘the Convention’’;

and

(4) in subsection (f) by inserting ‘‘or the Antarctic Protocol’’

after ‘‘the MARPOL Protocol’’.

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

Ships (33 U.S.C. 1907) is amended—

(1) in the first sentence of subsection (a) by inserting

‘‘Annex IV to the Antarctic Protocol,’’ after ‘‘MARPOL Protocol,’’;

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

(A) by inserting ‘‘or to the Antarctic Protocol’’ after

‘‘to the MARPOL Protocol’’; and

(B) by inserting ‘‘and Annex IV to the Antarctic Protocol’’ after ‘‘of the MARPOL Protocol’’;

(3) in subsection (b) by inserting ‘‘or the Antarctic Protocol’’

after ‘‘MARPOL Protocol’’ both places it appears;

(4) in subsection (c)(1) by inserting ‘‘, of Article 3 or Article

4 of Annex IV to the Antarctic Protocol,’’ after ‘‘to the

Convention’’;

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

Protocol’’ after ‘‘which the MARPOL Protocol’’;

(6) in subsection (c)(2)(A) by inserting ‘‘, Annex IV to the

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

(7) in subsection (c)(2)(B)—

(A) by inserting ‘‘or the Antarctic Protocol’’ after ‘‘to

the MARPOL Protocol’’; and

(B) by inserting ‘‘or Annex IV to the Antarctic Protocol’’

after ‘‘of the MARPOL Protocol’’;

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

IV to the Antarctic Protocol,’’ after ‘‘Convention’’;

(9) in subsection (e)(1)—

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

‘‘MARPOL Protocol’’; and

(B) by striking ‘‘that Protocol’’ and inserting in lieu

thereof ‘‘those Protocols’’; and

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

the Antarctic Protocol,’’ after ‘‘MARPOL Protocol’’.

(f) PENALTIES.—Section 9 of the Act to Prevent Pollution from

Ships (33 U.S.C. 1908) is amended—

(1) in subsection (a) by inserting ‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘MARPOL Protocol,’’;

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

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

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

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

(4) in subsection (d) by inserting ‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘MARPOL Protocol,’’;

(5) in subsection (e) by inserting ‘‘, Annex IV to the Antarctic Protocol,’’ after ‘‘MARPOL Protocol’’; and

(6) in subsection (f) by inserting ‘‘or the Antarctic Protocol’’

after ‘‘MARPOL Protocol’’ both places it appears.
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SEC. 202. PROHIBITION OF CERTAIN ANTARCTIC RESOURCE

ACTIVITIES.

(a) AGREEMENT OR LEGISLATION REQUIRED.—Section 4 of the

Antarctic Protection Act of 1990 (16 U.S.C. 2463) is amended by

striking ‘‘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’’ and inserting in

lieu thereof ‘‘It’’.

(b) REPEALS.—Sections 5 and 7 of such Act (16 U.S.C. 2464

and 2466) are repealed.

(c) REDESIGNATION.—Section 6 of such Act (16 U.S.C. 2465)

is redesignated as section 5.

TITLE III—POLAR RESEARCH AND

POLICY STUDY

SEC. 301. POLAR RESEARCH AND POLICY STUDY.

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

shall provide a detailed report to the Congress on—

(1) the status of the implementation of the Arctic Environmental Protection Strategy and Federal funds being used for

that purpose;

(2) all of the Federal programs relating to Arctic and Antarctic research and the total amount of funds expended

annually for each such program, including—

(A) a comparison of the funding for logistical support

in the Arctic and Antarctic;

(B) a comparison of the funding for research in the

Arctic and Antarctic;

(C) a comparison of any other amounts being spent

on Arctic and Antarctic programs; and

(D) an assessment of the actions taken to implement

the recommendations of the Arctic Research Commission

with respect to the use of such funds for research and

logistical support in the Arctic.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.