Union Calendar No. 293

104TH CONGRESS

2D SESSION H. R. 3060

[Report No. 104–593, Part I]

A BILL

To implement the Protocol on Environmental

Protection to the Antarctic Treaty.

MAY 23, 1996

Committees on International Relations and Resources

printedHouse on the State of the Union and ordered to bedischarged; committed to the Committee of the Whole
IB

Union Calendar No. 293

104TH CONGRESS

2D SESSION H. R. 3060

[Report No. 104–593, Part I]

To implement the Protocol on Environmental Protection to the Antarctic

Treaty.

IN THE HOUSE OF REPRESENTATIVES

MARCH 12, 1996

Mr. WALKER (for himself, Mr. BROWN of California, Mrs. MORELLA, Mr.

SCHIFF, Mr. ROHRABACHER, Mr. CRAMER, Mr. DAVIS, Mr. EHLERS, Mr.

BOEHLERT, Mr. WELDON of Pennsylvania, Mrs. SEASTRAND, Mr. HASTINGS of Florida, Ms. LOFGREN, Mr. MCHALE, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. MINGE, Mr. OLVER, Ms. RIVERS, Ms. JACKSONLEE of Texas, and Mr. BAKER of California) introduced the following

bill; which was referred to the Committee on Science, and in addition to

the Committees on International Relations and Resources, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

MAY 23, 1996

Additional sponsors: Mr. CALVERT, Mr. FOLEY, Mr. GUTKNECHT, Mr.

DOYLE, Mr. SENSENBRENNER, Mr. BARTLETT of Maryland, Mr.

WELDON of Florida, Mr. FAWELL, and Mr. PORTER

MAY 23, 1996

Reported from the Committee on Science

MAY 23, 1996

Referral to the Committees on International Relations and Resources extended

for a period ending not later than May 23, 1996

MAY 23, 1996

Committees on International Relations and Resources discharged; committed
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to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Antarctic Environ5 mental Protection Act of 1996’’.

6 TITLE I—AMENDMENTS TO THE

7 ANTARCTIC CONSERVATION

8 ACT OF 1978

9 SEC. 101. FINDINGS AND PURPOSE.

10 Section 2 of the Antarctic Conservation Act of 1978

11 (16 U.S.C. 2401) is amended to read as follows:

12 ‘‘SEC. 2. FINDINGS AND PURPOSE.

13 ‘‘(a) FINDINGS.—The Congress finds that the Ant14 arctic Treaty and the Protocol on Environmental Protec15 tion to the Antarctic Treaty establish a firm foundation

16 for the comprehensive protection of the Antarctic environ17 ment, the continuation of international cooperation, and

18 the freedom of scientific investigation in Antarctica.
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1 ‘‘(b) PURPOSE.—The purpose of this Act is to pro2 vide legislative authority to implement, with respect to the

3 United States, the Protocol on Environmental Protection

4 to the Antarctic Treaty.’’.

5 SEC. 102. DEFINITIONS.

6 Section 3 of the Antarctic Conservation Act of 1978

7 (16 U.S.C. 2402) is amended to read as follows:

8 ‘‘SEC. 3. DEFINITIONS.

9 ‘‘For purposes of this Act—

10 ‘‘(1) the term ‘Administrator’ means the Ad11 ministrator of the Environmental Protection Agency;

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

13 of 60 degrees south latitude;

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

15 Area’ means an area identified as such pursuant to

16 Annex V to the Protocol;

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

18 the National Science Foundation;

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

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

21 aircraft in a manner that disturbs concentra22 tions of birds or seals;

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

24 hovercraft and small boats, in a manner that

25 disturbs concentrations of birds or seals;
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1 ‘‘(C) using explosives or firearms in a

2 manner that disturbs concentrations of birds or

3 seals;

4 ‘‘(D) willfully disturbing breeding or

5 molting birds or concentrations of birds or seals

6 by persons on foot;

7 ‘‘(E) significantly damaging concentrations

8 of native terrestrial plants by landing aircraft,

9 driving vehicles, or walking on them, or by

10 other means; and

11 ‘‘(F) any activity that results in the signifi12 cant adverse modification of habitats of any

13 species or population of native mammal, native

14 bird, native plant, or native invertebrate;

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

16 means any site or monument listed as a historic site

17 or monument pursuant to Annex V to the Protocol;

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

19 Antarctic environment and dependent and associated

20 ecosystems;

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

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

23 into or introduce into, any place subject to the juris24 diction of the United States, including the 12-mile

25 territorial sea of the United States, whether or not
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1 such act constitutes an importation within the mean2 ing of the customs laws of the United States;

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

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

5 species of the class Aves which is indigenous to Ant6 arctica or occurs there seasonally through natural

7 migrations, and includes any part of such member;

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

9 terrestrial or freshwater invertebrate, at any stage of

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

11 includes any part of such invertebrate;

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

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

14 of the class Mammalia, which is indigenous to Ant15 arctica or occurs there seasonally through natural

16 migrations, and includes any part of such member;

17 ‘‘(12) the term ‘native plant’ means any terres18 trial or freshwater vegetation, including bryophytes,

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

20 cycle (including seeds and other propagules), which

21 is indigenous to Antarctica, and includes any part of

22 such vegetation;

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

24 species of animal or plant which is not indigenous to
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1 Antarctica and does not occur there seasonally

2 through natural migrations;

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

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

5 and includes any person subject to the jurisdiction

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

7 other instrumentality of the Federal Government or

8 of any State or local government;

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

10 substance banned from introduction onto land or ice

11 shelves or into water in Antarctica pursuant to

12 Annex III to the Protocol;

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

14 substance which must be removed from Antarctica

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

16 include materials used for balloon envelopes required

17 for scientific research and weather forecasting;

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

19 Environmental Protection to the Antarctic Treaty,

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

21 thereto, including any future amendments thereto to

22 which the United States is a party;

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

24 of Commerce;
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1 ‘‘(19) the term ‘Specially Protected Species’

2 means any native species designated as a Specially

3 Protected Species pursuant to Annex II to the Pro4 tocol;

5 ‘‘(20) the term ‘take’ means to kill, injure, cap6 ture, handle, or molest a native mammal or bird, or

7 to remove or damage such quantities of native plants

8 that their local distribution or abundance would be

9 significantly affected;

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

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

12 1959;

13 ‘‘(22) the term ‘United States’ means the sev14 eral States of the Union, the District of Columbia,

15 the Commonwealth of Puerto Rico, American

16 Samoa, the Virgin Islands, Guam, the Common17 wealth of the Northern Mariana Islands, and any

18 other commonwealth, territory, or possession of the

19 United States; and

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

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

22 United States’ and any ‘vessel subject to the juris23 diction of the United States’ as those terms are de24 fined in section 303 of the Antarctic Marine Living
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1 Resources Convention Act of 1984 (16 U.S.C.

2 2432).’’.

3 SEC. 103. PROHIBITED ACTS.

4 Section 4 of the Antarctic Conservation Act of 1978

5 (16 U.S.C. 2403) is amended to read as follows:

6 ‘‘SEC. 4. PROHIBITED ACTS.

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

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

9 land or ice shelves or into water in Antarctica;

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

11 areas or into fresh water systems in Antarctica;

12 ‘‘(3) to dispose of any prohibited waste in Ant13 arctica;

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

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

16 Antarctica by any seagoing vessel not required to

17 comply with the Act to Prevent Pollution from Ships

18 (33 U.S.C. 1901 et seq.), unless the person has an

19 agreement with the vessel owner or operator under

20 which the owner or operator is required to comply

21 with Annex IV to the Protocol;

22 ‘‘(6) who organizes, sponsors, operates, or pro23 motes a nongovernmental expedition to Antarctica,

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

25 to notify all members of the expedition of the envi-
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1 ronmental protection obligations of this Act, and of

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

3 order to comply with those obligations;

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

5 site or monument;

6 ‘‘(8) to refuse permission to any authorized offi7 cer or employee of the United States to board a ves8 sel, vehicle, or aircraft of the United States, or sub9 ject to the jurisdiction of the United States, for the

10 purpose of conducting any search or inspection in

11 connection with the enforcement of this Act or any

12 regulation promulgated or permit issued under this

13 Act;

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

15 intimidate, or interfere with any authorized officer

16 or employee of the United States in the conduct of

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

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

19 any act prohibited by this section;

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

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

22 another person, knowing that such other person has

23 committed any act prohibited by this section;
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1 ‘‘(12) to violate any regulation issued under

2 this Act, or any term or condition of any permit is3 sued 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

17 than through the use at remote field sites of in18 cinerator toilets for human waste;

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

20 of 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

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

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

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

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

6 taken in violation of this Act.

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

9 or (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

13 or 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

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

21 the Protocol shall be implemented by applying the Na22 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

23 et seq.) to proposals for Federal agency activities in Ant24 arctica, as specified in this section.
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1 ‘‘(B) The obligations contained in section 102(2)(C)

2 of the National Environmental Policy Act of 1969 (42

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

4 agency activities occurring in Antarctica and affecting the

5 quality of the human environment in Antarctica or de6 pendent or associated ecosystems, only as specified in this

7 section. For purposes of the application of such section

8 102(2)(C) under this subsection, the term ‘significantly

9 affecting the quality of the human environment’ shall have

10 the same meaning as the term ‘more than a minor or tran11 sitory impact’.

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

13 a Federal activity in Antarctica determines that the activ14 ity will have less than a minor or transitory impact, or

15 unless a comprehensive environmental evaluation is being

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

17 shall prepare an initial environmental evaluation in ac18 cordance with Article 2 of Annex I to the Protocol.

19 ‘‘(B) If the agency determines, through the prepara20 tion of the initial environmental evaluation, that the pro21 posed Federal activity is likely to have no more than a

22 minor or transitory impact, the activity may proceed if ap23 propriate procedures are put in place to assess and verify

24 the impact of the activity.
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1 ‘‘(C) If the agency determines, through the prepara2 tion of the initial environmental evaluation or otherwise,

3 that a proposed Federal activity is likely to have more

4 than a minor or transitory impact, the agency shall pre5 pare and circulate a comprehensive environmental evalua6 tion in accordance with Article 3 of Annex I to the Proto7 col, and shall make such comprehensive environmental

8 evaluation publicly available for comment.

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

10 whether a proposed Federal activity, to which paragraph

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

12 original or in a modified form, shall be based on the com13 prehensive environmental evaluation as well as other con14 siderations which the agency, in the exercise of its discre15 tion, considers relevant.

16 ‘‘(4) For the purposes of this section, the term ‘Fed17 eral activity’ includes all activities conducted under a Fed18 eral agency research program in Antarctica, whether or

19 not conducted by a Federal agency.

20 ‘‘(b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY

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

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

23 any Federal activity in Antarctica which is proposed to

24 be conducted, or which is conducted, jointly or in coopera25 tion with one or more foreign governments. Such term
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1 shall be defined in regulations promulgated by such agen2 cies as the President may designate.

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

4 with the lead United States agency planning an Antarctic

5 joint activity, determines that—

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

7 being contributed by a government or governments

8 other than the United States;

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

10 implementation of environmental impact assessment

11 procedures for that activity; and

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

13 acceded to the Protocol,

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

15 apply with respect to that activity.

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

17 those described in paragraph (2), the requirements of sub18 section (a) of this section shall apply with respect to that

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

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

21 agency actions and decisions in connection with assess22 ments of impacts of Antarctic joint activities, shall not be

23 subject to judicial review.

24 ‘‘(c) NONGOVERNMENTAL ACTIVITIES.—(1) The Ad25 ministrator shall, within 2 years after the date of the en-
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1 actment of the Antarctic Environmental Protection Act of

2 1996, promulgate regulations to provide for—

3 ‘‘(A) the environmental impact assessment of

4 nongovernmental activities, including tourism, for

5 which the United States is required to give advance

6 notice under paragraph 5 of Article VII of the Trea7 ty; and

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

9 regarding environmental impact assessment received

10 from other Parties under the Protocol.

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

12 I to the Protocol.

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

14 be taken to proceed with an activity for which a com15 prehensive environmental evaluation is prepared under

16 this section unless there has been an opportunity for con17 sideration of the draft comprehensive environmental eval18 uation at an Antarctic Treaty Consultative Meeting, ex19 cept that no decision to proceed with a proposed activity

20 shall be delayed through the operation of this paragraph

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

22 the draft comprehensive environmental evaluation pursu23 ant to Article 3(3) of Annex I to the Protocol.

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

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

2 days before the commencement of the activity in Antarc3 tica.

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

5 this section, and of regulations promulgated under this

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

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

8 and facilities of high value, or the protection of the envi9 ronment, which require an activity to be undertaken with10 out fulfilling those requirements.

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

12 other provision of law, the requirements of this section

13 shall constitute the sole and exclusive statutory obligations

14 of the Federal agencies with regard to assessing the envi15 ronmental impacts of proposed Federal activities occur16 ring in Antarctica.

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

18 provisions of this section requiring environmental impact

19 assessments (including initial environmental evaluations

20 and comprehensive environmental evaluations) shall not

21 apply to Federal actions with respect to issuing permits

22 under section 5.

23 ‘‘(h) PUBLICATION OF NOTICES.—Whenever the Sec24 retary of State makes a determination under paragraph

25 (2) of subsection (b) of this section, or receives a draft
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1 comprehensive environmental evaluation in accordance

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

3 of State shall cause timely notice thereof to be published

4 in the Federal Register.’’.

5 SEC. 105. PERMITS.

6 Section 5 of the Antarctic Conservation Act of 1978

7 (16 U.S.C. 2404) is amended—

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

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

10 (2) in subsection (c)(1)(B) by striking ‘‘Spe11 cial’’ and inserting in lieu thereof ‘‘Species’’; and

12 (3) in subsection (e)—

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

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

15 inserting in lieu thereof ‘‘native plants, or na16 tive invertebrates to which the permit applies,

17 and’’;

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

19 (iii) and inserting in lieu thereof the following

20 new clause:

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

22 harmful interference shall be conducted (which

23 manner shall be determined by the Director to

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

25 conducted;’’;
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1 (C) by striking ‘‘within Antarctica (other

2 than within any specially protected area)’’ in

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

4 ‘‘or harmful interference within Antarctica’’;

5 (D) by striking ‘‘specially protected spe6 cies’’ in paragraph (2) (A) and (B) and insert7 ing in lieu thereof ‘‘Specially Protected Spe8 cies’’;

9 (E) by striking ‘‘; and’’ at the end of para10 graph (2)(A)(i)(II) and inserting in lieu thereof

11 ‘‘, or’’;

12 (F) by adding after paragraph

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

14 ‘‘(III) for unavoidable consequences of

15 scientific activities or the construction and

16 operation of scientific support facilities;

17 and’’;

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

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

20 thereof ‘‘within Antarctica are’’; and

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

22 of paragraph (2) and inserting in lieu thereof

23 the following new subparagraph:
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1 ‘‘(C) A permit authorizing the entry into an

2 Antarctic Specially Protected Area shall be issued

3 only—

4 ‘‘(i) if the entry is consistent with an ap5 proved management plan, or

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

7 area has not been approved but—

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

9 such entry which cannot be served else10 where, and

11 ‘‘(II) the actions allowed under the

12 permit will not jeopardize the natural eco13 logical system existing in such area.’’.

14 SEC. 106. REGULATIONS.

15 Section 6 of the Antarctic Conservation Act of 1978

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

17 ‘‘SEC. 6. REGULATIONS.

18 ‘‘(a) REGULATIONS TO BE ISSUED BY THE DIREC19 TOR.—(1) The Director shall issue such regulations as are

20 necessary and appropriate to implement Annex II and

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

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

23 (3), (4), and (5) of this Act. The Director shall designate

24 as native species—

25 ‘‘(A) each species of the class Aves;
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1 ‘‘(B) each species of the class Mammalia; and

2 ‘‘(C) each species of plant,

3 which is indigenous to Antarctica or which occurs there

4 seasonally through natural migrations.

5 ‘‘(2) The Director, with the concurrence of the Ad6 ministrator, shall issue such regulations as are necessary

7 and appropriate to implement Annex III to the Protocol

8 and the provisions of this Act which implement that

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

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

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

12 necessary and appropriate to implement Article 15 of the

13 Protocol with respect to land areas and ice shelves in Ant14 arctica.

15 ‘‘(4) The Director shall issue such additional regula16 tions as are necessary and appropriate to implement the

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

18 ‘‘(b) REGULATIONS TO BE ISSUED BY THE SEC19 RETARY OF THE DEPARTMENT IN WHICH THE COAST

20 GUARD IS OPERATING.—The Secretary of the Depart21 ment in which the Coast Guard is operating shall issue

22 such regulations as are necessary and appropriate, in ad23 dition to regulations issued under the Act to Prevent Pol24 lution from Ships (33 U.S.C. 1901 et seq.), to implement

25 Annex IV to the Protocol and the provisions of this Act
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1 which implement that Annex, and, with the concurrence

2 of the Director, such regulations as are necessary and ap3 propriate to implement Article 15 of the Protocol with re4 spect to vessels.

5 ‘‘(c) TIME PERIOD FOR REGULATIONS.—The regula6 tions to be issued under subsection (a) (1) and (2) of this

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

8 the enactment of the Antarctic Environmental Protection

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

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

11 the date of the enactment of the Antarctic Environmental

12 Protection Act of 1996.’’.

13 SEC. 107. SAVING PROVISIONS.

14 Section 14 of the Antarctic Conservation Act of 1978

15 is amended to read as follows:

16 ‘‘SEC. 14. SAVING PROVISIONS.

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

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

19 Antarctic Environmental Protection Act of 1996 shall re20 main in effect until superseding regulations are promul21 gated under section 6.

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

23 shall remain in effect until they expire in accordance with

24 the terms of those permits.’’.
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1 TITLE II—AMENDMENTS TO ANT2 ARCTIC PROTECTION ACT OF

3 1990

4 SEC. 201. FINDING AND PURPOSE.

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

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

7 ‘‘SEC. 2. FINDING AND PURPOSE.

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

9 on Environmental Protection to the Antarctic Treaty pro10 hibits indefinitely Antarctic mineral resource activities.

11 ‘‘(b) PURPOSE.—The purpose of this Act is to pro12 vide legislative authority to implement, with respect to the

13 United States, Article 7 of the Protocol on Environmental

14 Protection to the Antarctic Treaty.’’.

15 SEC. 202. PROHIBITION OF ANTARCTIC MINERAL RE16 SOURCE ACTIVITIES.

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

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

19 agreement among the Antarctic Treaty Consultative Par20 ties in force for the United States, to which the Senate

21 has given advice and consent or which is authorized by

22 further legislation by the Congress, which provides an in23 definite ban on Antarctic mineral resource activities, it’’

24 and inserting in lieu thereof ‘‘It’’.
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1 SEC. 203. ADDITIONAL AMENDMENTS.

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

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

4 repealed.

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

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

7 as section 5.

8 TITLE III—AMENDMENTS TO

9 THE ACT TO PREVENT POLLU10 TION FROM SHIPS

11 SEC. 301. AMENDMENTS.

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

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

14 (1) by redesignating paragraphs (1) through

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

16 (12), respectively;

17 (2) by inserting before paragraph (3), as so re18 designated by paragraph (1) of this subsection, the

19 following new paragraphs:

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

21 degrees south latitude;

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

23 Environmental Protection to the Antarctic Treaty,

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

25 thereto, and includes any future amendments thereto

26 which have entered into force;’’; and
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1 (3) by adding at the end the following new sub2 section:

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

4 of Annex IV to the Antarctic Protocol shall apply in Ant5 arctica to all vessels over which the United States has ju6 risdiction.’’.

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

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

9 1902(b)(1)(B)) is amended by inserting ‘‘or the Antarctic

10 Protocol’’ after ‘‘MARPOL Protocol’’.

11 (c) ADMINISTRATION.—Section 4 of the Act to Pre12 vent Pollution from Ships (33 U.S.C. 1903) is amended—

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

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

15 first sentence of subsection (a);

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

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

18 Protocol’’;

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

20 1 year after the effective date of this paragraph,’’;

21 and

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

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

24 Convention’’.
25

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1 (d) POLLUTION RECEPTION FACILITIES.—Section 6

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

3 1905) is amended—

4 (1) in subsection (b) by inserting ‘‘or the Ant5 arctic Protocol’’ after ‘‘the MARPOL Protocol’’;

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

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

8 (3) in subsection (e)(1)(A) by inserting ‘‘or Ar9 ticle 9 of Annex IV to the Antarctic Protocol’’ after

10 ‘‘the Convention’’; and

11 (4) in subsection (f) by inserting ‘‘or the Ant12 arctic Protocol’’ after ‘‘the MARPOL Protocol’’.

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

14 Pollution from Ships (33 U.S.C. 1907) is amended—

15 (1) in the first sentence of subsection (a) by in16 serting ‘‘Annex IV to the Antarctic Protocol,’’ after

17 ‘‘MARPOL Protocol,’’;

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

19 (A) by inserting ‘‘or to the Antarctic Pro20 tocol’’ after ‘‘to the MARPOL Protocol’’; and

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

22 Antarctic Protocol’’ after ‘‘of the MARPOL

23 Protocol’’;
26

•HR 3060 RH

1 (3) in subsection (b) by inserting ‘‘or the Ant2 arctic Protocol’’ after ‘‘MARPOL Protocol’’ both

3 places it appears;

4 (4) in subsection (c)(1) by inserting ‘‘, of Arti5 cle 3 or Article 4 of Annex IV to the Antarctic Pro6 tocol,’’ after ‘‘to the Convention’’;

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

8 Antarctic Protocol’’ after ‘‘which the MARPOL Pro9 tocol’’;

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

11 Annex IV to the Antarctic Protocol,’’ after

12 ‘‘MARPOL Protocol’’;

13 (7) in subsection (c)(2)(B)—

14 (A) by inserting ‘‘or the Antarctic Proto15 col’’ after ‘‘to the MARPOL Protocol’’; and

16 (B) by inserting ‘‘or Annex IV to the Ant17 arctic Protocol’’ after ‘‘of the MARPOL Proto18 col’’;

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

20 5 of Annex IV to the Antarctic Protocol,’’ after

21 ‘‘Convention’’;

22 (9) in subsection (e)(1)—

23 (A) by inserting ‘‘or the Antarctic Proto24 col’’ after ‘‘MARPOL Protocol’’; and
27

•HR 3060 RH

1 (B) by striking ‘‘that Protocol’’ and insert2 ing in lieu thereof ‘‘those Protocols’’; and

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

4 Annex IV to the Antarctic Protocol,’’ after

5 ‘‘MARPOL Protocol’’.

6 (f) PENALTIES.—Section 9 of the Act to Prevent Pol7 lution from Ships (33 U.S.C. 1908) is amended—

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

9 the Antarctic Protocol,’’ after ‘‘MARPOL Proto10 col,’’;

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

12 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto13 col,’’;

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

15 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto16 col,’’;

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

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

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

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

23 (6) in subsection (f) by inserting ‘‘or the Ant24 arctic Protocol’’ after ‘‘MARPOL Protocol’’ both

25 places it appears.