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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 964 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 964

To implement the Protocol on Environmental Protection to the Antarctic 
   Treaty, to enact a prohibition against Antarctic mineral resource 
                  activities, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 1993

  Mr. Boucher (for himself, Mr. Brown of California, Mr. Walker, Mr. 
Boehlert, Mr. Valentine, Mr. Barcia, Ms. E.B. Johnson of Texas, and Mr. 
Minge) introduced the following bill; which was referred jointly to the 
   Committees on Science, Space, and Technology, Merchant Marine and 
         Fisheries, Energy and Commerce, and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To implement the Protocol on Environmental Protection to the Antarctic 
   Treaty, to enact a prohibition against Antarctic mineral resource 
                  activities, and for other purposes.

    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 Environmental Protection 
Act of 1993''.

SEC. 2. FINDINGS AND POLICY.

    Section 2 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2401) is amended--
            (1) by striking ``PURPOSE'' in the section head and 
        inserting in lieu thereof ``POLICY'';
            (2) in subsection (a)(1)--
                    (A) by striking ``Agreed Measures for the 
                Conservation of Antarctic Fauna and Flora, adopted at 
                the Third Antarctic Treaty Consultative Meeting,'' and 
                inserting in lieu thereof ``Protocol on Environmental 
                Protection to the Antarctic Treaty'';
                    (B) by inserting ``the comprehensive protection of 
                the Antarctic environment,'' after ``firm foundation 
                for'';
                    (C) by inserting a comma after ``international 
                cooperation''; and
                    (D) by striking ``and'' at the end thereof;
            (3) by amending subsection (a)(2) to read as follows:
            ``(2) the protection of the Antarctic environment and 
        dependent and associated ecosystems and the intrinsic value of 
        Antarctica, including its wilderness and aesthetic values and 
        its value as an area for the conduct of scientific research, in 
        particular research essential to understanding the global 
        environment, should be fundamental considerations in the 
        planning and conduct of all activities in Antarctica; and'';
            (4) by inserting after subsection (a)(2) the following new 
        paragraph:
            ``(3) the prohibition of Antarctic mineral resource 
        activity will contribute to protection of the Antarctic 
        environment and dependent and associated ecosystems by avoiding 
        potential environmental degradation which could result from 
        mineral resource activities.''; and
            (5) by amending subsection (b) to read as follows:
    ``(b) Policy.--(1) It is the national policy of the United States 
that activities in Antarctica be planned and conducted so as to limit 
adverse impacts on the Antarctic environment and dependent and 
associated ecosystems and avoid--
            ``(A) adverse effects on climate or weather patterns;
            ``(B) significant adverse effects on air or water quality;
            ``(C) significant changes in the atmospheric, terrestrial 
        (including freshwater aquatic), glacial, or marine 
        environments;
            ``(D) detrimental changes in the distribution, abundance, 
        or productivity of species or populations of species of fauna 
        and flora;
            ``(E) further jeopardy to endangered or threatened species 
        or populations of such species; and
            ``(F) degradation of, or substantial risk to, areas of 
        biological, scientific, historic, aesthetic, or wilderness 
        significance.
    ``(2) It is the national policy of the United States that 
activities in Antarctica be planned and conducted on the basis of 
information sufficient to allow prior assessments of, and informed 
judgments about, their possible impacts on the Antarctic environment 
and dependent and associated ecosystems and on the value of Antarctica 
for the conduct of scientific research, taking full account of--
            ``(A) the scope of the activity, including its area, 
        duration, and intensity;
            ``(B) the cumulative impacts of the activity, both by 
        itself and in combination with other activities in Antarctica;
            ``(C) whether the activity will detrimentally affect any 
        other activity in Antarctica;
            ``(D) whether technology and procedures are available to 
        provide for environmentally safe operations;
            ``(E) whether there exists the capacity to monitor key 
        environmental parameters and ecosystem components so as to 
        identify and provide early warning of any adverse effects of 
        the activity and to provide for such modification of operating 
        procedures as may be necessary in the light of the results of 
        monitoring or increased knowledge of the Antarctic environment 
        and dependent and associated ecosystems; and
            ``(F) whether there exists the capacity to respond promptly 
        and effectively to accidents, particularly those with potential 
        environmental effects.
    ``(3) It is the national policy of the United States that regular 
and effective monitoring take place to allow assessment of the impacts 
of ongoing activities in Antarctica, including the verification of 
predicted impacts.
    ``(4) It is the national policy of the United States that regular 
and effective monitoring take place to facilitate early detection of 
the possible unforeseen effects of activities carried out both within 
and outside Antarctica on the Antarctic environment and dependent and 
associated ecosystems.
    ``(5) It is the national policy of the United States that 
activities in Antarctica be planned and conducted so as to accord 
priority to scientific research and to preserve the value of Antarctica 
as an area for the conduct of such research, including research 
essential to understanding the global environment, and in pursuance of 
these objectives to provide in this Act the sole requirements for 
environmental evaluations relative to United States actions in 
Antarctica.
    ``(6) It is the national policy of the United States that 
activities in Antarctica subject to United States jurisdiction take 
place in a manner consistent with this subsection, and be modified, 
suspended, or canceled if they result in or threaten to result in 
impacts upon the Antarctic environment or dependent or associated 
ecosystems inconsistent with this subsection.
    ``(7) It is the national policy of the United States that 
Antarctica is a natural reserve, devoted to peace and science.''.

SEC. 3. DEFINITIONS.

    Section 3 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2402) is amended--
            (1) by striking paragraphs (1), (3), (5), (8), (10), (13), 
        and (16);
            (2) by redesignating paragraphs (2), (4), (6), (7), (9), 
        (11), (12), (14), and (15) as paragraphs (4), (7), (11), (13), 
        (23), (3), (19), (21), and (22), respectively, and by 
        reordering those paragraphs accordingly;
            (3) in paragraph (3), as so redesignated by paragraph (2) 
        of this section--
                    (A) by inserting ``Antarctic'' before ``specially 
                protected''; and
                    (B) by striking ``(4)'' and inserting in lieu 
                thereof ``(3)'';
            (4) in paragraph (11), as so redesignated by paragraph (2) 
        of this section, by striking ``, and includes any part of any 
        such member'';
            (5) in paragraph (13), as so redesignated by paragraph (2) 
        of this section--
                    (A) by striking ``, other than any species 
                regulated by the International Whaling Commission,''; 
                and
                    (B) by striking ``, and includes any part of such 
                member'';
            (6) in paragraph (19), as so redesignated by paragraph (2) 
        of this section, by striking ``(5)'' and inserting in lieu 
        thereof ``(4)'';
            (7) in paragraph (21), as so redesignated by paragraph (2) 
        of this section--
                    (A) by striking ``term `Treaty' means'' and 
                inserting in lieu thereof ``terms `treaty' and 
                `Antarctic Treaty' mean''; and
                    (B) by inserting ``and any recommendations in 
                effect thereunder'' after ``December 1, 1959'';
            (8) in paragraph (22), as so redesignated by paragraph (2) 
        of this section--
                    (A) by striking ``, including the Government of the 
                Northern Mariana Islands''; and
                    (B) by inserting ``the Commonwealth of the Northern 
                Mariana Islands, any other commonwealth, territory, or 
                possession of the United States,'' after ``Guam,'';
            (9) by inserting before paragraph (3), as so redesignated 
        by paragraph (2) of this section, the following new paragraphs:
            ``(1) The term `Antarctic mineral resource' means any 
        nonliving natural nonrenewable resource (or part or product 
        thereof) found in or recovered from Antarctica, including 
        fossil fuels, rocks, and minerals, whether metallic or 
        nonmetallic, but the term does not include ice, water, snow, or 
        any mineral resource removed before the date of enactment of 
        this paragraph.
            ``(2) The term `Antarctic mineral resource activity' means 
        collecting, removing or transporting, or prospecting for, or 
        exploration or development of, an Antarctic mineral resource, 
        but does not include those activities that are undertaken in 
        the course of and that are directly related to--
                    ``(A) scientific research;
                    ``(B) construction, operation, and maintenance of 
                research stations, field camps, or other such 
                facilities; or
                    ``(C) providing, and with the advance written 
                consent of the recipient institution, an Antarctic 
                mineral resource specimen to a museum or other 
                institution with a similar public function.'';
            (10) by inserting after paragraph (4), as so redesignated 
        by paragraph (2) of this section, the following new paragraphs:
            ``(5) The term `Committee for Environmental Protection' 
        means the Committee for Environmental Protection established 
        pursuant to Article 11 of the Protocol.
            ``(6) The term `development' means any activity, including 
        logistic support, which takes place following exploration, the 
        purpose of which is the exploitation of antarctic mineral 
        resource deposits, including processing, storage, and transport 
        activities.'';
            (11) by inserting after paragraph (7), as so redesignated 
        by paragraph (2) of this section, the following new paragraphs:
            ``(8) The term `exploration' means any activity, including 
        logistic support, the purpose of which is the identification or 
        evaluation of specific Antarctic mineral resource deposits for 
        possible development, including exploratory drilling, dredging, 
        and other surface or subsurface evacuations undertaken to 
        determine the nature and size of mineral resource deposits and 
        the feasibility of their development.
            ``(9) The term `harmful interference' means--
                    ``(A) flying or landing helicopters or other 
                aircraft in a manner that disturbs concentrations of 
                birds and seals;
                    ``(B) using vehicles or vessels, including 
                hovercraft and small boats, in a manner that disturbs 
                concentrations of birds and seals;
                    ``(C) using explosives or firearms in a manner that 
                disturbs concentrations of birds and seals;
                    ``(D) willfully disturbing breeding or molting 
                birds or concentrations of birds and seals by persons 
                on foot;
                    ``(E) significantly damaging concentrations of 
                terrestrial native plants by landing aircraft, driving 
                vehicles, walking on them, or by other means; and
                    ``(F) any activity that results in significant 
                adverse modification of habitats of any native mammal, 
                native bird, native plant, or native invertebrate.
            ``(10) The term `import' means to land on or introduce 
        into, or attempt to land on 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.'';
            (12) by inserting after paragraph (11), as so redesignated 
        by paragraph (2) of this section, the following new paragraph:
            ``(12) The term `native invertebrate' means any terrestrial 
        or freshwater invertebrate, at any stage of its life cycle, 
        which is designated as such by the Director under section 
        6(b)(1).'';
            (13) by inserting after paragraph (13), as so redesignated 
        by paragraph (2) of this section, the following new paragraphs:
            ``(14) 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 designated as such by the Director 
        under section 6(b)(1).
            ``(15) The term `nonnative species' means any species of 
        animal or plant which is not native to Antarctica.
            ``(16) The term `person' means an individual, partnership, 
        corporation, trust, association, or other entity 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, and any officer, employee, or agent 
        of any such instrumentality.
            ``(17) The term `prospecting' means any activity, including 
        logistic support, the purpose of which is the identification of 
        Antarctic mineral resource potential for possible exploration 
        and development.
            ``(18) The term `Protocol' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, signed 
        October 4, 1991, in Madrid, and all annexes thereto.'';
            (14) by inserting after paragraph (19), as so redesignated 
        by paragraph (2) of this section, the following new paragraph:
            ``(20) The term `taking' means to kill, injure, capture, 
        handle, or molest a native mammal or native bird, or to remove 
        or damage such quantities of native plants that their local 
        distribution or abundance would be significantly affected.''; 
        and
            (15) in paragraph (23), as so redesignated by paragraph (2) 
        of this section, by inserting ``waste or'' before 
        ``pollutant''.

SEC. 4. PROHIBITED ACTS.

    Section 4 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2403) is amended--
            (1) in subsection (a)(1), by striking ``United States 
        citizen'' and inserting in lieu thereof ``person'';
            (2) by striking subparagraphs (A) through (E) of subsection 
        (a)(1) and inserting in lieu thereof the following:
                    ``(A) to engage in any taking or harmful 
                interference in Antarctica;
                    ``(B) to introduce into Antarctica any nonnative 
                species;
                    ``(C) to enter any Antarctic specially protected 
                area; or
                    ``(D) to discharge, dispose of, or otherwise 
                introduce any waste or pollutant within Antarctica, 
                except as otherwise permitted by the Act to Prevent 
                Pollution from Ships (33 U.S.C. 1901 et seq.);'';
            (3) in subsection (a)(2) and (3), by striking ``United 
        States citizen wherever located, or any foreign person while 
        within the United States,'' and inserting in lieu thereof 
        ``person'';
            (4) in subsection (a)(2), by striking ``collected in any 
        specially'' and inserting in lieu thereof ``taken in any 
        Antarctic'';
            (5) in subsection (a)(3), by striking ``or'' at the end;
            (6) in subsection (a)(4)--
                    (A) by striking ``, whether or not a United States 
                citizen,''; and
                    (B) by striking the period at the end and inserting 
                in lieu thereof a semicolon;
            (7) by adding after paragraph (4) the following new 
        paragraphs:
            ``(5) for any person to attempt to commit any action 
        prohibited under this subsection; or
            ``(6) for any person to--
                    ``(A) engage in, provide assistance (including 
                logistic support) to, or knowingly finance any 
                Antarctic mineral resource activity;
                    ``(B) ship, transport, offer for sale, sell, 
                purchase, import, export, or have custody, control, or 
                possession of any Antarctic mineral resource which that 
                person knows, or reasonably should have known, was 
                recovered or otherwise possessed as a result of 
                Antarctic mineral resource activity, without regard to 
                the citizenship of the person that engaged in, or the 
                vessel used in engaging in, the Antarctic mineral 
                resource activity;
                    ``(C) refuse to permit any authorized officer or 
                employee of the United States to board a vessel, 
                vehicle, or aircraft subject to the provisions of this 
                Act for purposes of conducting any search or inspection 
                in connection with the enforcement of this Act or any 
                regulations promulgated pursuant to this Act;
                    ``(D) 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 subparagraph (C);
                    ``(E) resist a lawful arrest or detention for any 
                act prohibited by this section; or
                    ``(F) 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.''; and
            (8) in the last sentence of subsection (a)--
                    (A) by striking the comma after ``committed''; and
                    (B) by striking ``to prevent the loss of human 
                life'' and inserting in lieu thereof ``involving the 
                safety of human life, of ships, of aircraft, or of 
                equipment or facilities of high value, or involving the 
                protection of the environment''.

SEC. 5. PERMITS.

    Section 5 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2404) is amended--
            (1) in subsection (a), by striking ``otherwise prohibited 
        by'' and inserting in lieu thereof ``as described in'';
            (2) in subsection (c)(1)(B)--
                    (A) by inserting ``native invertebrate,'' after 
                ``native bird,''; and
                    (B) by striking ``Endangered Special Act'' and 
                inserting in lieu thereof ``Endangered Species Act'';
            (3) in subsection (c)(3), by inserting ``native 
        invertebrate,'' after ``native bird,'';
            (4) in subsection (e) by inserting ``for Takings, Harmful 
        Interference, and Introduction of Nonnative Species'' after 
        ``Conditions of Permits'';
            (5) in subsection (e)(1), by striking ``section shall'' and 
        inserting in lieu thereof ``section authorizing a taking or 
        harmful interference or the introduction of a nonnative species 
        shall specify'';
            (6) in subsection (e)(1)(A), by striking ``, specify'';
            (7) in subsection (e)(1)(A)(i), by inserting ``native 
        invertebrates,'' after ``native birds,'';
            (8) by amending subsection (e)(1)(A)(ii) to read as 
        follows:
                    ``(ii) if a taking or harmful interference is 
                authorized, the manner in which such action must be 
                accomplished (which manner must be determined by the 
                Director to involve the least degree of pain and 
                suffering practicable), the area in which it must 
                occur, and the person who will take the action,'';
            (9) in subsection (e)(1)(A)(iii)--
                    (A) by striking ``collected'' both places it 
                appears and inserting in lieu thereof ``taken''; and
                    (B) by striking the semicolon at the end and 
                inserting in lieu thereof ``, and'';
            (10) by adding at the end of subsection (e)(1)(A) the 
        following:
                    ``(iv) the species, numbers, and, if appropriate, 
                age and sex of animals and plants of a nonnative 
                species to be introduced, and the reasons therefor; and 
                the precautions to be taken to prevent escape or 
                contact with native fauna and flora;'';
            (11) in subsection (e)(2)(A)--
                    (A) by striking ``the taking'' and inserting in 
                lieu thereof ``a taking or harmful interference'';
                    (B) by inserting ``Antarctic'' after ``other than 
                within any''; and
                    (C) by striking ``of any native mammal or native 
                bird (other than a specially protected species of any 
                such mammal or bird'';
            (12) at the end of subsection (e)(2)(A)(i)(I) by striking 
        ``or'';
            (13) in subsection (e)(2)(A)(i)(II)--
                    (A) by striking ``zoological'' and inserting in 
                lieu thereof ``herbaria, zoological and botanical''; 
                and
                    (B) by striking ``and'' at the end of the subclause 
                and inserting in lieu thereof ``or'';
            (14) by inserting a new subsection (e)(2)(A)(i)(III) as 
        follows:
                            ``(III) for unavoidable consequences of 
                        scientific activities, or of the construction 
                        and operation of scientific support facilities; 
                        and'';
            (15) by striking subsection (e)(2)(A)(ii) and inserting in 
        lieu thereof the following:
                    ``(ii) shall ensure that--
                            ``(I) no more native mammals, native birds, 
                        or native plants are taken than are strictly 
                        necessary to meet the purposes set forth in 
                        clause (i),
                            ``(II) only small numbers of native mammals 
                        or native birds are killed and in no case more 
                        native mammals or native birds are killed from 
                        local populations than can, in combination with 
                        other permitted takings, normally be replaced 
                        by natural reproduction in the following 
                        season, and
                            ``(III) the diversity of species, as well 
                        as the habitats essential to their existence, 
                        and the balance of the ecological systems 
                        existing within Antarctica are maintained.'';
            (16) at the end of subsection (e)(2)(B)(i), by striking 
        ``and'';
            (17) in subsection (e)(2)(B)(ii), by striking ``of such 
        species.'' and inserting in lieu thereof ``or recovery of such 
        species; and'';
            (18) at the end of subsection (e)(2)(B), by adding the 
        following:
                    ``(iii) the taking involves nonlethal techniques, 
                where appropriate.'';
            (19) by striking subsection (e)(2)(C) and (D) and inserting 
        in lieu thereof the following:
            ``(C) Permits authorizing entry into any Antarctic 
        specially protected area may only be issued consistent with the 
        provisions of the management plan prescribed under section 
        6(b)(3) for that area.
            ``(D) Permits allowing the importation of nonnative 
        species--
                    ``(i) shall not be issued, unless such importation 
                is allowed under the terms of the Protocol;
                    ``(ii) shall require that, prior to the expiration 
                of the permit, all nonnative species, including any 
                progeny, shall be removed from Antarctica or disposed 
                of by incineration or equally effective means that 
                eliminate risk to native fauna and flora;
                    ``(iii) shall not permit the importation of dogs or 
                live poultry or other living birds; and
                    ``(iv) shall require that precautions be taken to 
                prevent the introduction of micro-organisms (e.g. 
                viruses, bacteria, parasites, yeasts, and fungi) not 
                present in native fauna and flora.
    ``(3) No permit shall be required for the importation of food into 
Antarctica, except that--
            ``(A) no live animals may be imported for this purpose;
            ``(B) all plants and animal parts shall be kept under 
        carefully controlled conditions and disposed of in accordance 
        with the provisions of this Act; and
            ``(C) before dressed poultry is packaged for shipment to 
        Antarctica, it shall be inspected for evidence of disease, such 
        as Newcastle's disease, tuberculosis, and yeast infection.'';
            (20) by redesignating the second subsection (e), and 
        subsections (f) and (g), as subsections (f), (g), and (h), 
        respectively;
            (21) in subsection (g)(1)(B), as so redesignated by 
        paragraph (20) of this section, by striking ``the purpose of 
        this Act'' and inserting ``the purposes and provisions of this 
        Act or the Protocol''; and
            (22) in subsection (g)(1)(C), as so redesignated by 
        paragraph (20) of this section, by inserting ``or the 
        Protocol'' after ``of this Act''.

SEC. 6. REGULATIONS.

    Section 6 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2405) is amended--
            (1) in subsection (a)--
                    (A) by striking ``are'' and inserting in lieu 
                thereof ``the Director considers''; and
                    (B) by inserting ``and the Protocol'' after ``of 
                this Act'';
            (2) at the end of subsection (b)(1)(B) by striking ``and'';
            (3) at the end of subsection (b)(1)(C) by adding ``and'';
            (4) after subsection (b)(1)(C) by adding the following:
                    ``(D) each species of invertebrate,'';
            (5) in subsection (b)(1) by striking ``in Antarctica 
        through natural agencies of dispersal'' and inserting in lieu 
        thereof ``there seasonally through natural migrations'';
            (6) in subsection (b)(2) by striking ``Agreed Measures'' 
        and inserting in lieu thereof ``Protocol'';
            (7) by striking subsection (b)(3) and (4) and inserting in 
        lieu thereof the following:
            ``(3) identify Antarctic specially protected areas and 
        Antarctic specially managed areas, as approved by the United 
        States in accordance with the Protocol, and implement the 
        management plans associated with those areas;'';
            (8) by redesignating paragraphs (5), (6), (7), (8), and 
        (10) of subsection (b) as paragraphs (4), (5), (6), (7), and 
        (8), respectively;
            (9) in subsection (b)(4), as so redesignated by paragraph 
        (8) of this section, by striking ``Agreed Measures'' and 
        inserting in lieu thereof ``Protocol'';
            (10) in subsection (b)(5), as so redesignated by paragraph 
        (8) of this section--
                    (A) by inserting ``waste or'' after ``designate as 
                a''; and
                    (B) by inserting ``, or which the Director finds 
                must be regulated under the Protocol;'' after ``uses of 
                Antarctica'';
            (11) in subsection (b)(6), as so redesignated by paragraph 
        (8) of this section, by inserting ``waste or'' after ``disposal 
        of'';
            (12) in subsection (b)(8), as so redesignated by paragraph 
        (8) of this section, by striking the period at the end and 
        inserting in lieu thereof ``; and'';
            (13) by moving subsection (b)(9) to the end of subsection 
        (b) and amending it to read as follows:
            ``(9) distinguish between prohibited Antarctic mineral 
        resource activities and scientific research.''; and
            (14) after subsection (b) by inserting the following new 
        subsection:
    ``(c) Time Period for Regulations.--The regulations to be 
prescribed under subsection (b) shall be promulgated within 24 months 
after the date of enactment of the Antarctic Environmental Protection 
Act of 1993.''.

SEC. 7. NOTIFICATION OF TRAVEL TO ANTARCTICA.

    Section 7 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2406) is amended to read as follows:

``SEC. 7. NOTIFICATION OF TRAVEL TO ANTARCTICA.

    ``(a) Notice.--The Secretary of State shall, within 24 months after 
the date of enactment of the Antarctic Environmental Protection Act of 
1993, prescribe such regulations as are necessary and appropriate to 
implement, with respect to any person, paragraph 5 of Article VII of 
the Treaty pertaining to the filing of advance notifications of 
expeditions to, and within, Antarctica.
    ``(b) Compliance.--The Secretary of State, in conjunction with the 
Director and with the Secretary of the department in which the Coast 
Guard is operating, shall, within 24 months after the date of enactment 
of the Antarctic Environmental Protection Act of 1993, prescribe such 
regulations as are necessary and appropriate to require nongovernmental 
activities in Antarctica, including tourism, for which the United 
States is required to give advance notice under paragraph 5 of Article 
VII of the Treaty, to provide for prompt and effective response action 
to such emergencies as might arise in Antarctica, and to comply with 
contingency plans in effect in Antarctica.''.

SEC. 8. REDESIGNATIONS.

    Sections 8, 9, 10, 11, 12, 13, and 14 of the Antarctic Conservation 
Act of 1978 (16 U.S.C. 2407-2413) are redesignated as sections 10, 11, 
13, 14, 15, 16, and 17, respectively.

SEC. 9. ENVIRONMENTAL IMPACT ASSESSMENT.

    The Antarctic Conservation Act of 1978 is amended by inserting 
after section 7 the following new section:

``SEC. 8. ENVIRONMENTAL IMPACT ASSESSMENT.

    ``(a) Governmental Activities.--The Director shall, within 24 
months after the date of enactment of the Antarctic Environmental 
Protection Act of 1993, prescribe such regulations as are necessary and 
appropriate to implement the environmental impact assessment provisions 
of the Protocol (Article 8; Annex I) with respect to governmental 
activities in Antarctica.
    ``(b) Nongovernmental Activities.--The Secretary of State, in 
conjunction with the Chairman of the Council on Environmental Quality, 
shall, within 24 months after the date of enactment of the Antarctic 
Environmental Protection Act of 1993, prescribe such regulations as are 
necessary and appropriate to implement the environmental impact 
assessment provisions of the Protocol (Article 8; Annex I) with respect 
to nongovernmental activities in Antarctica, including tourism, for 
which the United States is required to give advance notice under 
paragraph 5 of Article VII of the Treaty.
    ``(c) Relation to Other Law.--The provisions of this section shall 
supersede all other provisions of law relating to the preparation of 
environmental evaluations or documents to the extent such laws might 
otherwise be construed to apply to decisions or actions affecting the 
Antarctic environment.''.

SEC. 10. REPRESENTATION.

    The Antarctic Conservation Act of 1978 is amended by inserting 
after section 8 the following new section:

``SEC. 9. REPRESENTATION.

    ``(a) Designation.--The Secretary of State, with the concurrence of 
other appropriate Federal officials, shall designate an officer or 
employee of the United States as the United States representative to 
the Committee for Environmental Protection.
    ``(b) Compensation.--The United States representative shall receive 
no additional compensation by reason of service as such 
representative.''.

SEC. 11. CIVIL PENALTIES.

    Section 10 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2407), as redesignated by section 8 of this Act, is amended--
            (1) by inserting ``or the Secretary of State, as 
        appropriate,'' after ``the Director'' each place it appears;
            (2) in subsection (a)--
                    (A) by striking ``or to have violated any 
                regulation prescribed under section 7'';
                    (B) by striking ``$5,000 for each violation unless 
                the prohibited act was knowingly committed, in which 
                case the amount of the civil penalty shall not exceed 
                $10,000'' and inserting in lieu thereof ``$50,000''; 
                and
                    (C) by striking the last sentence and inserting in 
                lieu thereof the following: ``In determining the amount 
                of such penalty, the Director or the Secretary of 
                State, as appropriate, shall take into account the 
                nature, circumstances, extent, and gravity of the 
                prohibited acts committed, and, with respect to the 
                violator, the degree of culpability, any history of 
                prior offenses, ability to pay, and such other matters 
                as justice may require, to the extent such information 
                is reasonably available to the Director or the 
                Secretary of State, as appropriate. The Director or the 
                Secretary of State, as appropriate, may compromise, 
                modify, or remit, with or without conditions, any civil 
                penalty which is subject to imposition or which has 
                been imposed under this section.'';
            (3) by striking subsection (c);
            (4) by redesignating subsection (d) as subsection (f), and 
        in that subsection by striking ``subsection (a)'' and inserting 
        in lieu thereof ``subsections (a) or (c)''; and
            (5) by inserting after subsection (b) the following new 
        subsections:
    ``(c) Civil Action.--Whenever, on the basis of any information, the 
Director or the Secretary of State determines that any person has 
violated or is in violation of any requirement of this Act or any 
regulation promulgated hereunder, the Director or the Secretary of 
State may commence a civil action in the appropriate United States 
District Court, pursuant to section 14 of this Act, for appropriate 
relief, including--
            ``(1) a temporary or permanent injunction; or
            ``(2) an action to assess and recover a civil penalty not 
        to exceed $50,000 per day for each violation,
or both.
    ``(d) In Rem Jurisdiction.--Any vessel, vehicle, or aircraft 
(including its gear, furniture, appurtenances, stores, and cargo) used 
in the commission of an act prohibited by section 4 of this Act shall 
be liable in rem for any civil penalty assessed for such violation 
under this section and may be proceeded against in any district court 
of the United States having jurisdiction thereof. In the case of a 
vessel, such penalty shall constitute a maritime lien on the vessel 
which may be recovered in an action in rem in the district court of the 
United States having jurisdiction over the vessel.
    ``(e) Roles of Director and Secretary of State.--The Director and 
the Secretary of State shall each carry out this section with respect 
to violations of regulations they have prescribed.''.

SEC. 12. CRIMINAL OFFENSES.

    Section 11 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2408), as redesignated by section 8 of this Act, is amended--
            (1) in subsection (a), by striking ``willfully'' and 
        inserting in lieu thereof ``knowingly'';
            (2) in subsection (b)--
                    (A) by striking ``$10,000'' and inserting in lieu 
                thereof ``not less than $5,000 nor more than $50,000 
                per day of violation'';
                    (B) by striking ``one year'' and inserting in lieu 
                thereof ``five years''; and
                    (C) by adding at the end the following new 
                sentences: ``If in the commission of any such offense 
                the person uses a dangerous weapon, engages in conduct 
                that causes bodily injury to any officer of the United 
                States described in section 12(b) of this Act, or 
                places any such officer in fear of imminent bodily 
                injury, the offense is punishable by a fine of not more 
                than $100,000 per day of violation, or by imprisonment 
                for not more than 10 years, or both. If a conviction of 
                a person is for a violation committed after a first 
                conviction of such person under this section, the 
                maximum punishment shall be double with respect to both 
                fine and imprisonment.''; and
            (3) by adding at the end the following new subsection:
    ``(d) Federal Jurisdiction.--There is Federal jurisdiction over any 
offense described in subsection (a) of this section.''.

SEC. 13. CIVIL FORFEITURES.

    The Antarctic Conservation Act of 1978, as amended by this Act, is 
further amended by inserting after section 11, as so redesignated by 
section 8 of this Act, the following new section:

``SEC. 12. CIVIL FORFEITURES.

    ``(a) In General.--Any vessel, vehicle, or aircraft (including its 
gear, furniture, appurtenances, stores, and cargo) used, and any 
Antarctic mineral resources (or the fair market value thereof) 
recovered or possessed, in any manner, in connection with or as a 
result of the commission of any act prohibited by section 4 of this Act 
shall be subject to forfeiture to the United States. All or part of 
such vessel, vehicle, or aircraft may, and all such Antarctic mineral 
resource (or the fair market value thereof) shall, be forfeited to the 
United States pursuant to a civil proceeding under this section.
    ``(b) Jurisdiction of District Courts.--Any district court of the 
United States which has jurisdiction under section 14 of this Act shall 
have jurisdiction, upon application by the Attorney General on behalf 
of the United States, to order any forfeiture authorized under 
subsection (a) of this section and any action provided for under 
subsection (d) of this section.
    ``(c) Judgment.--If a judgment is entered for the United States in 
a civil forfeiture proceeding under this section, the Attorney General 
may seize any property or other interest declared forfeited to the 
United States, which has not previously been seized pursuant to this 
Act or for which security has not previously been obtained under 
subsection (d) of this section. The provisions of the customs laws 
relating to--
            ``(1) the seizure, forfeiture, and condemnation of property 
        for violation of the customs law;
            ``(2) the disposition of such property or the proceeds from 
        the sale thereof; and
            ``(3) the remission or mitigation of any such forfeiture,
shall apply to seizures and forfeiture incurred, or alleged to have 
been incurred, under the provisions of this Act, unless such customs 
law provisions are inconsistent with this Act.
    ``(d) Procedure.--(1) Any officer authorized to serve any process 
in rem which is issued by a court having jurisdiction under section 14 
of this Act shall--
            ``(A) stay the execution of such process; or
            ``(B) discharge any property seized pursuant to such 
        process,
upon the receipt of a satisfactory bond or other security from any 
person claiming such property. Such bond or other security shall be 
conditioned upon such person (i) delivering such property to the 
appropriate court upon order thereof, without any impairment of its 
value, or (ii) paying the monetary value of such property pursuant to 
an order of such court. Judgment shall be recoverable on such bond or 
other security against both the principal and any sureties in the event 
that any condition thereof is breached, as determined by such court. 
Nothing in this paragraph may be construed to require the Director, 
except in the Director's discretion or pursuant to the order of a court 
under section 14 of this Act, to release on bond any seized Antarctic 
mineral resource or other property or the proceeds from the sale 
thereof.
    ``(2) Any Antarctic mineral resource seized pursuant to this Act 
may be sold, subject to the approval and direction of the appropriate 
court, for not less than the fair market value thereof. The proceeds of 
any such sale shall be deposited with such court pending the 
disposition of the matter involved.
    ``(e) Rebuttable Presumption.--For purposes of this section, it is 
a rebuttable presumption that all mineral resources found on board a 
vessel, vehicle, or aircraft which is seized in connection with an act 
prohibited by section 4 of this Act are Antarctic mineral resources.''.

SEC. 14. ENFORCEMENT.

    Section 13 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2409), as so redesignated by section 8 of this Act, is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (4) through (7) as 
                paragraphs (7) through (10), respectively;
                    (B) by inserting after paragraph (3) the following 
                new paragraphs:
            ``(4) board without warrant, and search or inspect, any 
        vessel, vehicle, or aircraft subject to the provisions of this 
        Act;
            ``(5) seize without warrant any Antarctic mineral resource 
        (wherever found) recovered or possessed in violation of this 
        Act;
            ``(6) seize without warrant any vessel, vehicle, or 
        aircraft subject to the provisions of this Act (including its 
        gear, furniture, appurtenances, stores, and cargo) or other 
        equipment used in, or that reasonably appears to have been used 
        in, a violation of this Act;'';
                    (C) in paragraph (7), as so redesignated by 
                subparagraph (A) of this paragraph, by inserting ``, or 
                which may lead to the forfeiture of property for any 
                violation of such provisions'' after ``of such 
                provisions''; and
                    (D) by adding at the end the following:
``Subject to the direction of the Director, the Secretary of the 
Treasury, the Secretary of Commerce, the Secretary of the Interior, or 
the Secretary of the department in which the Coast Guard is operating, 
a person charged with law enforcement responsibilities under this Act 
who is performing a duty related to enforcement of this Act may make an 
arrest without a warrant for an offense against the United States 
committed in his presence, or for a felony cognizable under the laws of 
the United States, if he has reasonable grounds to believe that the 
person to be arrested has committed or is committing a felony.'';
            (2) in subsection (d)(3) by inserting ``native 
        invertebrate,'' after ``native bird,'';
            (3) in subsection (f)--
                    (A) by inserting ``native invertebrates,'' after 
                ``native birds,''; and
                    (B) by striking ``animals and plants not indigenous 
                to Antarctica'' and inserting in lieu thereof 
                ``nonnative species''; and
            (4) by adding at the end the following new subsections:
    ``(g) Liability for Costs.--Any person assessed a civil penalty 
for, or convicted of, any violation of this Act, shall be liable for 
the cost incurred in storage, care, and maintenance of any Antarctic 
mineral resource or other property seized in connection with the 
violation.
    ``(h) Payments of Storage and Other Costs.--Notwithstanding any 
other provision of law, the Director or the Secretary of the Treasury 
shall pay from sums received as fines, penalties, and forfeitures of 
property for violations of any provisions of this Act--
            ``(1) the reasonable and necessary costs incurred in 
        connection with the seizure and forfeiture of property pursuant 
        to this Act, including in providing temporary storage, care, 
        and maintenance of such property pending disposition of any 
        civil or criminal proceeding alleging a violation of any 
        provision of this Act;
            ``(2) any expenses directly related to investigations and 
        civil or criminal enforcement proceedings, including any 
        necessary expenses for equipment, training, travel, witnesses, 
        and contracting services directly related to such 
        investigations or proceedings; and
            ``(3) to a qualifying person any reward offered pursuant to 
        this section.''.

SEC. 15. FEDERAL AGENCY COOPERATION.

    Section 15 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2411), as redesignated by section 8 of this Act, is amended by 
inserting ``, and any department or agency with expertise relevant to 
the conduct of United States activities in Antarctica shall also so 
cooperate with the Director'' after ``out the purposes of this Act''.

SEC. 16. REPEALER.

    Section 17 of the Antarctic Conservation Act of 1978, as so 
redesignated by section 8 of this Act, and the Antarctic Protection Act 
of 1990 (Public Law 101-594, 16 U.S.C. 2461-2466) are repealed.

SEC. 17. ANTARCTIC ENVIRONMENTAL PROTECTION COMMISSION.

    (a) Establishment.--The President shall establish an Antarctic 
Environmental Protection Commission (in this section referred to as the 
``Commission'') not later than six months after the date of enactment 
of this Act. The Commission shall review the compliance of all United 
States Antarctic Program stations, field camps, and operations with the 
provisions of the Antarctic Conservation Act of 1978.
    (b) Membership.--(1) The Commission shall be comprised of five 
members to be appointed by the President from among individuals who 
possess demonstrated expertise in one or more of the following areas:
            (A) Environmental management or science.
            (B) Cold regions environmental engineering.
            (C) Environmental law.
            (D) Antarctic science, policy, or operations.
            (E) Environmental assessment, enforcement, or compliance 
        monitoring.
    (2) Members of the Commission may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by section 
5703 of title 5, United States Code.
    (3) Any vacancy occurring in the membership of the Commission shall 
be filled by the President for the remainder of the unexpired term.
    (4) A member may serve after the expiration of the member's term 
until the President appoints a successor.
    (5) A member may be appointed to consecutive terms.
    (c) Chairman.--The President shall designate one member of the 
Commission as Chairman, who shall be responsible for directing the work 
of the Commission.
    (d) Term of Service.--(1) Except as provided in paragraph (2), the 
term of office of each member of the Commission appointed under 
subsection (b) shall be four years.
    (2) Of the members of the Commission originally appointed under 
subsection (b)--
            (A) two shall be appointed for a term of two years and six 
        months; and
            (B) three shall be appointed for a term of four years and 
        six months.
    (e) Logistical and Administrative Support.--The National Science 
Foundation shall provide all transportation and logistical support 
necessary to allow the Commission to conduct on-site inspections of 
United States Antarctic Program stations, field camps, and operations, 
and shall cooperate to the fullest extent possible in meeting requests 
for documents, other information, and assistance necessary for the 
Commission to carry out its work and prepare the report required in 
subsection (f).
    (f) Report.--(1) Not later than 18 months after the date of 
enactment of this Act, and every two years thereafter, the Commission 
shall submit a report to the President and the Congress documenting the 
Commission's findings on the compliance of the United States Antarctic 
Program with the provisions of the Antarctic Conservation Act of 1978, 
including specific reference to the activities undertaken by the 
Director of the National Science Foundation in implementation of the 
permit program required under section 5 of that Act. The report shall 
specify any examples of failures of compliance and shall make 
recommendations for corrective actions.
    (2) The Director of the National Science Foundation shall, within 
90 days after the report is submitted under paragraph (1) to the 
President, submit to the Congress a plan for implementing the 
recommendations of the report, together with an estimate of the time 
required and costs projected to be incurred in implementing the plan.

                                 <all>

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