I

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.

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 1993’’.

6 SEC. 2. FINDINGS AND POLICY.

7 Section 2 of the Antarctic Conservation Act of 1978

8 (16 U.S.C. 2401) is amended—
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1 (1) by striking ‘‘PURPOSE’’ in the section

2 head and inserting in lieu thereof ‘‘POLICY’’;

3 (2) in subsection (a)(1)—

4 (A) by striking ‘‘Agreed Measures for the

5 Conservation of Antarctic Fauna and Flora,

6 adopted at the Third Antarctic Treaty Consult7 ative Meeting,’’ and inserting in lieu thereof

8 ‘‘Protocol on Environmental Protection to the

9 Antarctic Treaty’’;

10 (B) by inserting ‘‘the comprehensive pro11 tection of the Antarctic environment,’’ after

12 ‘‘firm foundation for’’;

13 (C) by inserting a comma after ‘‘inter14 national cooperation’’; and

15 (D) by striking ‘‘and’’ at the end thereof;

16 (3) by amending subsection (a)(2) to read as

17 follows:

18 ‘‘(2) the protection of the Antarctic environ19 ment and dependent and associated ecosystems and

20 the intrinsic value of Antarctica, including its wilder21 ness and aesthetic values and its value as an area

22 for the conduct of scientific research, in particular

23 research essential to understanding the global envi24 ronment, should be fundamental considerations in
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1 the planning and conduct of all activities in Antarc2 tica; and’’;

3 (4) by inserting after subsection (a)(2) the fol4 lowing new paragraph:

5 ‘‘(3) the prohibition of Antarctic mineral re6 source activity will contribute to protection of the

7 Antarctic environment and dependent and associated

8 ecosystems by avoiding potential environmental deg9 radation which could result from mineral resource

10 activities.’’; and

11 (5) by amending subsection (b) to read as fol12 lows:

13 ‘‘(b) POLICY.—(1) It is the national policy of the

14 United States that activities in Antarctica be planned and

15 conducted so as to limit adverse impacts on the Antarctic

16 environment and dependent and associated ecosystems

17 and avoid—

18 ‘‘(A) adverse effects on climate or weather pat19 terns;

20 ‘‘(B) significant adverse effects on air or water

21 quality;

22 ‘‘(C) significant changes in the atmospheric,

23 terrestrial (including freshwater aquatic), glacial, or

24 marine environments;
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1 ‘‘(D) detrimental changes in the distribution,

2 abundance, or productivity of species or populations

3 of species of fauna and flora;

4 ‘‘(E) further jeopardy to endangered or threat5 ened species or populations of such species; and

6 ‘‘(F) degradation of, or substantial risk to,

7 areas of biological, scientific, historic, aesthetic, or

8 wilderness significance.

9 ‘‘(2) It is the national policy of the United States that

10 activities in Antarctica be planned and conducted on the

11 basis of information sufficient to allow prior assessments

12 of, and informed judgments about, their possible impacts

13 on the Antarctic environment and dependent and associ14 ated ecosystems and on the value of Antarctica for the

15 conduct of scientific research, taking full account of—

16 ‘‘(A) the scope of the activity, including its

17 area, duration, and intensity;

18 ‘‘(B) the cumulative impacts of the activity,

19 both by itself and in combination with other activi20 ties in Antarctica;

21 ‘‘(C) whether the activity will detrimentally af22 fect any other activity in Antarctica;

23 ‘‘(D) whether technology and procedures are

24 available to provide for environmentally safe oper25 ations;
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1 ‘‘(E) whether there exists the capacity to mon2 itor key environmental parameters and ecosystem

3 components so as to identify and provide early warn4 ing of any adverse effects of the activity and to pro5 vide for such modification of operating procedures as

6 may be necessary in the light of the results of mon7 itoring or increased knowledge of the Antarctic envi8 ronment and dependent and associated ecosystems;

9 and

10 ‘‘(F) whether there exists the capacity to re11 spond promptly and effectively to accidents, particu12 larly those with potential environmental effects.

13 ‘‘(3) It is the national policy of the United States that

14 regular and effective monitoring take place to allow assess15 ment of the impacts of ongoing activities in Antarctica,

16 including the verification of predicted impacts.

17 ‘‘(4) It is the national policy of the United States that

18 regular and effective monitoring take place to facilitate

19 early detection of the possible unforeseen effects of activi20 ties carried out both within and outside Antarctica on the

21 Antarctic environment and dependent and associated

22 ecosystems.

23 ‘‘(5) It is the national policy of the United States that

24 activities in Antarctica be planned and conducted so as

25 to accord priority to scientific research and to preserve
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1 the value of Antarctica as an area for the conduct of such

2 research, including research essential to understanding the

3 global environment, and in pursuance of these objectives

4 to provide in this Act the sole requirements for environ5 mental evaluations relative to United States actions in

6 Antarctica.

7 ‘‘(6) It is the national policy of the United States that

8 activities in Antarctica subject to United States jurisdic9 tion take place in a manner consistent with this sub10 section, and be modified, suspended, or canceled if they

11 result in or threaten to result in impacts upon the Ant12 arctic environment or dependent or associated ecosystems

13 inconsistent with this subsection.

14 ‘‘(7) It is the national policy of the United States that

15 Antarctica is a natural reserve, devoted to peace and

16 science.’’.

17 SEC. 3. DEFINITIONS.

18 Section 3 of the Antarctic Conservation Act of 1978

19 (16 U.S.C. 2402) is amended—

20 (1) by striking paragraphs (1), (3), (5), (8),

21 (10), (13), and (16);

22 (2) by redesignating paragraphs (2), (4), (6),

23 (7), (9), (11), (12), (14), and (15) as paragraphs

24 (4), (7), (11), (13), (23), (3), (19), (21), and (22),
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1 respectively, and by reordering those paragraphs ac2 cordingly;

3 (3) in paragraph (3), as so redesignated by

4 paragraph (2) of this section—

5 (A) by inserting ‘‘Antarctic’’ before ‘‘spe6 cially protected’’; and

7 (B) by striking ‘‘(4)’’ and inserting in lieu

8 thereof ‘‘(3)’’;

9 (4) in paragraph (11), as so redesignated by

10 paragraph (2) of this section, by striking ‘‘, and in11 cludes any part of any such member’’;

12 (5) in paragraph (13), as so redesignated by

13 paragraph (2) of this section—

14 (A) by striking ‘‘, other than any species

15 regulated by the International Whaling Com16 mission,’’; and

17 (B) by striking ‘‘, and includes any part of

18 such member’’;

19 (6) in paragraph (19), as so redesignated by

20 paragraph (2) of this section, by striking ‘‘(5)’’ and

21 inserting in lieu thereof ‘‘(4)’’;

22 (7) in paragraph (21), as so redesignated by

23 paragraph (2) of this section—
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1 (A) by striking ‘‘term ‘Treaty’ means’’ and

2 inserting in lieu thereof ‘‘terms ‘treaty’ and

3 ‘Antarctic Treaty’ mean’’; and

4 (B) by inserting ‘‘and any recommenda5 tions in effect thereunder’’ after ‘‘December 1,

6 1959’’;

7 (8) in paragraph (22), as so redesignated by

8 paragraph (2) of this section—

9 (A) by striking ‘‘, including the Govern10 ment of the Northern Mariana Islands’’; and

11 (B) by inserting ‘‘the Commonwealth of

12 the Northern Mariana Islands, any other com13 monwealth, territory, or possession of the Unit14 ed States,’’ after ‘‘Guam,’’;

15 (9) by inserting before paragraph (3), as so re16 designated by paragraph (2) of this section, the fol17 lowing new paragraphs:

18 ‘‘(1) The term ‘Antarctic mineral resource’

19 means any nonliving natural nonrenewable resource

20 (or part or product thereof) found in or recovered

21 from Antarctica, including fossil fuels, rocks, and

22 minerals, whether metallic or nonmetallic, but the

23 term does not include ice, water, snow, or any min24 eral resource removed before the date of enactment

25 of this paragraph.
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1 ‘‘(2) The term ‘Antarctic mineral resource ac2 tivity’ means collecting, removing or transporting, or

3 prospecting for, or exploration or development of, an

4 Antarctic mineral resource, but does not include

5 those activities that are undertaken in the course of

6 and that are directly related to—

7 ‘‘(A) scientific research;

8 ‘‘(B) construction, operation, and mainte9 nance of research stations, field camps, or other

10 such facilities; or

11 ‘‘(C) providing, and with the advance writ12 ten consent of the recipient institution, an Ant13 arctic mineral resource specimen to a museum

14 or other institution with a similar public func15 tion.’’;

16 (10) by inserting after paragraph (4), as so re17 designated by paragraph (2) of this section, the fol18 lowing new paragraphs:

19 ‘‘(5) The term ‘Committee for Environmental

20 Protection’ means the Committee for Environmental

21 Protection established pursuant to Article 11 of the

22 Protocol.

23 ‘‘(6) The term ‘development’ means any activ24 ity, including logistic support, which takes place fol25 lowing exploration, the purpose of which is the ex-
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1 ploitation of antarctic mineral resource deposits, in2 cluding processing, storage, and transport activi3 ties.’’;

4 (11) by inserting after paragraph (7), as so re5 designated by paragraph (2) of this section, the fol6 lowing new paragraphs:

7 ‘‘(8) The term ‘exploration’ means any activity,

8 including logistic support, the purpose of which is

9 the identification or evaluation of specific Antarctic

10 mineral resource deposits for possible development,

11 including exploratory drilling, dredging, and other

12 surface or subsurface evacuations undertaken to de13 termine the nature and size of mineral resource de14 posits and the feasibility of their development.

15 ‘‘(9) The term ‘harmful interference’ means—

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

17 aircraft in a manner that disturbs concentra18 tions of birds and seals;

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

20 hovercraft and small boats, in a manner that

21 disturbs concentrations of birds and seals;

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

23 manner that disturbs concentrations of birds

24 and seals;
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1 ‘‘(D) willfully disturbing breeding or

2 molting birds or concentrations of birds and

3 seals by persons on foot;

4 ‘‘(E) significantly damaging concentrations

5 of terrestrial native plants by landing aircraft,

6 driving vehicles, walking on them, or by other

7 means; and

8 ‘‘(F) any activity that results in significant

9 adverse modification of habitats of any native

10 mammal, native bird, native plant, or native in11 vertebrate.

12 ‘‘(10) The term ‘import’ means to land on or

13 introduce into, or attempt to land on or introduce

14 into, any place subject to the jurisdiction of the

15 United States, including the 12-mile territorial sea

16 of the United States, whether or not such act con17 stitutes an importation within the meaning of the

18 customs laws of the United States.’’;

19 (12) by inserting after paragraph (11), as so

20 redesignated by paragraph (2) of this section, the

21 following new paragraph:

22 ‘‘(12) The term ‘native invertebrate’ means any

23 terrestrial or freshwater invertebrate, at any stage of

24 its life cycle, which is designated as such by the Di25 rector under section 6(b)(1).’’;
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1 (13) by inserting after paragraph (13), as so

2 redesignated by paragraph (2) of this section, the

3 following new paragraphs:

4 ‘‘(14) The term ‘native plant’ means any terres5 trial or freshwater vegetation, including bryophytes,

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

7 cycle (including seeds and other propagules), which

8 is designated as such by the Director under section

9 6(b)(1).

10 ‘‘(15) The term ‘nonnative species’ means any

11 species of animal or plant which is not native to

12 Antarctica.

13 ‘‘(16) The term ‘person’ means an individual,

14 partnership, corporation, trust, association, or other

15 entity subject to the jurisdiction of the United

16 States; and any department, agency, or other instru17 mentality of the Federal Government or of any State

18 or local government, and any officer, employee, or

19 agent of any such instrumentality.

20 ‘‘(17) The term ‘prospecting’ means any activ21 ity, including logistic support, the purpose of which

22 is the identification of Antarctic mineral resource

23 potential for possible exploration and development.

24 ‘‘(18) The term ‘Protocol’ means the Protocol

25 on Environmental Protection to the Antarctic Trea-
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1 ty, signed October 4, 1991, in Madrid, and all an2 nexes thereto.’’;

3 (14) by inserting after paragraph (19), as so

4 redesignated by paragraph (2) of this section, the

5 following new paragraph:

6 ‘‘(20) The term ‘taking’ means to kill, injure,

7 capture, handle, or molest a native mammal or na8 tive bird, or to remove or damage such quantities of

9 native plants that their local distribution or abun10 dance would be significantly affected.’’; and

11 (15) in paragraph (23), as so redesignated by

12 paragraph (2) of this section, by inserting ‘‘waste

13 or’’ before ‘‘pollutant’’.

14 SEC. 4. PROHIBITED ACTS.

15 Section 4 of the Antarctic Conservation Act of 1978

16 (16 U.S.C. 2403) is amended—

17 (1) in subsection (a)(1), by striking ‘‘United

18 States citizen’’ and inserting in lieu thereof ‘‘per19 son’’;

20 (2) by striking subparagraphs (A) through (E)

21 of subsection (a)(1) and inserting in lieu thereof the

22 following:

23 ‘‘(A) to engage in any taking or harmful

24 interference in Antarctica;
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1 ‘‘(B) to introduce into Antarctica any

2 nonnative species;

3 ‘‘(C) to enter any Antarctic specially pro4 tected area; or

5 ‘‘(D) to discharge, dispose of, or otherwise

6 introduce any waste or pollutant within Antarc7 tica, except as otherwise permitted by the Act

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

9 1901 et seq.);’’;

10 (3) in subsection (a)(2) and (3), by striking

11 ‘‘United States citizen wherever located, or any for12 eign person while within the United States,’’ and in13 serting in lieu thereof ‘‘person’’;

14 (4) in subsection (a)(2), by striking ‘‘collected

15 in any specially’’ and inserting in lieu thereof ‘‘taken

16 in any Antarctic’’;

17 (5) in subsection (a)(3), by striking ‘‘or’’ at the

18 end;

19 (6) in subsection (a)(4)—

20 (A) by striking ‘‘, whether or not a United

21 States citizen,’’; and

22 (B) by striking the period at the end and

23 inserting in lieu thereof a semicolon;

24 (7) by adding after paragraph (4) the following

25 new paragraphs:
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1 ‘‘(5) for any person to attempt to commit any

2 action prohibited under this subsection; or

3 ‘‘(6) for any person to—

4 ‘‘(A) engage in, provide assistance (includ5 ing logistic support) to, or knowingly finance

6 any Antarctic mineral resource activity;

7 ‘‘(B) ship, transport, offer for sale, sell,

8 purchase, import, export, or have custody, con9 trol, or possession of any Antarctic mineral re10 source which that person knows, or reasonably

11 should have known, was recovered or otherwise

12 possessed as a result of Antarctic mineral re13 source activity, without regard to the citizenship

14 of the person that engaged in, or the vessel

15 used in engaging in, the Antarctic mineral re16 source activity;

17 ‘‘(C) refuse to permit any authorized offi18 cer or employee of the United States to board

19 a vessel, vehicle, or aircraft subject to the provi20 sions of this Act for purposes of conducting any

21 search or inspection in connection with the en22 forcement of this Act or any regulations pro23 mulgated pursuant to this Act;

24 ‘‘(D) forcibly assault, resist, oppose, im25 pede, intimidate, or interfere with any author-
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1 ized officer or employee of the United States in

2 the conduct of any search or inspection de3 scribed in subparagraph (C);

4 ‘‘(E) resist a lawful arrest or detention for

5 any act prohibited by this section; or

6 ‘‘(F) interfere with, delay, or prevent, by

7 any means, the apprehension, arrest, or deten8 tion of another person, knowing that such other

9 person has committed any act prohibited by this

10 section.’’; and

11 (8) in the last sentence of subsection (a)—

12 (A) by striking the comma after ‘‘commit13 ted’’; and

14 (B) by striking ‘‘to prevent the loss of

15 human life’’ and inserting in lieu thereof ‘‘in16 volving the safety of human life, of ships, of air17 craft, or of equipment or facilities of high value,

18 or involving the protection of the environment’’.

19 SEC. 5. PERMITS.

20 Section 5 of the Antarctic Conservation Act of 1978

21 (16 U.S.C. 2404) is amended—

22 (1) in subsection (a), by striking ‘‘otherwise

23 prohibited by’’ and inserting in lieu thereof ‘‘as de24 scribed in’’;

25 (2) in subsection (c)(1)(B)—
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1 (A) by inserting ‘‘native invertebrate,’’

2 after ‘‘native bird,’’; and

3 (B) by striking ‘‘Endangered Special Act’’

4 and inserting in lieu thereof ‘‘Endangered Spe5 cies Act’’;

6 (3) in subsection (c)(3), by inserting ‘‘native in7 vertebrate,’’ after ‘‘native bird,’’;

8 (4) in subsection (e) by inserting ‘‘FOR

9 TAKINGS, HARMFUL INTERFERENCE, AND INTRO10 DUCTION OF NONNATIVE SPECIES’’ after ‘‘CONDI11 TIONS OF PERMITS’’;

12 (5) in subsection (e)(1), by striking ‘‘section

13 shall’’ and inserting in lieu thereof ‘‘section author14 izing a taking or harmful interference or the intro15 duction of a nonnative species shall specify’’;

16 (6) in subsection (e)(1)(A), by striking ‘‘, speci17 fy’’;

18 (7) in subsection (e)(1)(A)(i), by inserting ‘‘na19 tive invertebrates,’’ after ‘‘native birds,’’;

20 (8) by amending subsection (e)(1)(A)(ii) to read

21 as follows:

22 ‘‘(ii) if a taking or harmful interference is

23 authorized, the manner in which such action

24 must be accomplished (which manner must be

25 determined by the Director to involve the least
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1 degree of pain and suffering practicable), the

2 area in which it must occur, and the person

3 who will take the action,’’;

4 (9) in subsection (e)(1)(A)(iii)—

5 (A) by striking ‘‘collected’’ both places it

6 appears and inserting in lieu thereof ‘‘taken’’;

7 and

8 (B) by striking the semicolon at the end

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

10 (10) by adding at the end of subsection

11 (e)(1)(A) the following:

12 ‘‘(iv) the species, numbers, and, if appro13 priate, age and sex of animals and plants of a

14 nonnative species to be introduced, and the rea15 sons therefor; and the precautions to be taken

16 to prevent escape or contact with native fauna

17 and flora;’’;

18 (11) in subsection (e)(2)(A)—

19 (A) by striking ‘‘the taking’’ and inserting

20 in lieu thereof ‘‘a taking or harmful inter21 ference’’;

22 (B) by inserting ‘‘Antarctic’’ after ‘‘other

23 than within any’’; and
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1 (C) by striking ‘‘of any native mammal or

2 native bird (other than a specially protected

3 species of any such mammal or bird’’;

4 (12) at the end of subsection (e)(2)(A)(i)(I) by

5 striking ‘‘or’’;

6 (13) in subsection (e)(2)(A)(i)(II)—

7 (A) by striking ‘‘zoological’’ and inserting

8 in lieu thereof ‘‘herbaria, zoological and botani9 cal’’; and

10 (B) by striking ‘‘and’’ at the end of the

11 subclause and inserting in lieu thereof ‘‘or’’;

12 (14) by inserting a new subsection

13 (e)(2)(A)(i)(III) as follows:

14 ‘‘(III) for unavoidable consequences of

15 scientific activities, or of the construction

16 and operation of scientific support facili17 ties; and’’;

18 (15) by striking subsection (e)(2)(A)(ii) and in19 serting in lieu thereof the following:

20 ‘‘(ii) shall ensure that—

21 ‘‘(I) no more native mammals, native

22 birds, or native plants are taken than are

23 strictly necessary to meet the purposes set

24 forth in clause (i),
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1 ‘‘(II) only small numbers of native

2 mammals or native birds are killed and in

3 no case more native mammals or native

4 birds are killed from local populations than

5 can, in combination with other permitted

6 takings, normally be replaced by natural

7 reproduction in the following season, and

8 ‘‘(III) the diversity of species, as well

9 as the habitats essential to their existence,

10 and the balance of the ecological systems

11 existing within Antarctica are main12 tained.’’;

13 (16) at the end of subsection (e)(2)(B)(i), by

14 striking ‘‘and’’;

15 (17) in subsection (e)(2)(B)(ii), by striking ‘‘of

16 such species.’’ and inserting in lieu thereof ‘‘or re17 covery of such species; and’’;

18 (18) at the end of subsection (e)(2)(B), by add19 ing the following:

20 ‘‘(iii) the taking involves nonlethal tech21 niques, where appropriate.’’;

22 (19) by striking subsection (e)(2)(C) and (D)

23 and inserting in lieu thereof the following:

24 ‘‘(C) Permits authorizing entry into any Ant25 arctic specially protected area may only be issued
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1 consistent with the provisions of the management

2 plan prescribed under section 6(b)(3) for that area.

3 ‘‘(D) Permits allowing the importation of

4 nonnative species—

5 ‘‘(i) shall not be issued, unless such impor6 tation is allowed under the terms of the Proto7 col;

8 ‘‘(ii) shall require that, prior to the expira9 tion of the permit, all nonnative species, includ10 ing any progeny, shall be removed from Antarc11 tica or disposed of by incineration or equally ef12 fective means that eliminate risk to native

13 fauna and flora;

14 ‘‘(iii) shall not permit the importation of

15 dogs or live poultry or other living birds; and

16 ‘‘(iv) shall require that precautions be

17 taken to prevent the introduction of micro-orga18 nisms (e.g. viruses, bacteria, parasites, yeasts,

19 and fungi) not present in native fauna and

20 flora.

21 ‘‘(3) No permit shall be required for the importation

22 of food into Antarctica, except that—

23 ‘‘(A) no live animals may be imported for this

24 purpose;
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1 ‘‘(B) all plants and animal parts shall be kept

2 under carefully controlled conditions and disposed of

3 in accordance with the provisions of this Act; and

4 ‘‘(C) before dressed poultry is packaged for

5 shipment to Antarctica, it shall be inspected for evi6 dence of disease, such as Newcastle’s disease, tuber7 culosis, and yeast infection.’’;

8 (20) by redesignating the second subsection (e),

9 and subsections (f) and (g), as subsections (f), (g),

10 and (h), respectively;

11 (21) in subsection (g)(1)(B), as so redesignated

12 by paragraph (20) of this section, by striking ‘‘the

13 purpose of this Act’’ and inserting ‘‘the purposes

14 and provisions of this Act or the Protocol’’; and

15 (22) in subsection (g)(1)(C), as so redesignated

16 by paragraph (20) of this section, by inserting ‘‘or

17 the Protocol’’ after ‘‘of this Act’’.

18 SEC. 6. REGULATIONS.

19 Section 6 of the Antarctic Conservation Act of 1978

20 (16 U.S.C. 2405) is amended—

21 (1) in subsection (a)—

22 (A) by striking ‘‘are’’ and inserting in lieu

23 thereof ‘‘the Director considers’’; and

24 (B) by inserting ‘‘and the Protocol’’ after

25 ‘‘of this Act’’;
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1 (2) at the end of subsection (b)(1)(B) by strik2 ing ‘‘and’’;

3 (3) at the end of subsection (b)(1)(C) by adding

4 ‘‘and’’;

5 (4) after subsection (b)(1)(C) by adding the fol6 lowing:

7 ‘‘(D) each species of invertebrate,’’;

8 (5) in subsection (b)(1) by striking ‘‘in Antarc9 tica through natural agencies of dispersal’’ and in10 serting in lieu thereof ‘‘there seasonally through nat11 ural migrations’’;

12 (6) in subsection (b)(2) by striking ‘‘Agreed

13 Measures’’ and inserting in lieu thereof ‘‘Protocol’’;

14 (7) by striking subsection (b)(3) and (4) and

15 inserting in lieu thereof the following:

16 ‘‘(3) identify Antarctic specially protected areas

17 and Antarctic specially managed areas, as approved

18 by the United States in accordance with the Proto19 col, and implement the management plans associated

20 with those areas;’’;

21 (8) by redesignating paragraphs (5), (6), (7),

22 (8), and (10) of subsection (b) as paragraphs (4),

23 (5), (6), (7), and (8), respectively;
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1 (9) in subsection (b)(4), as so redesignated by

2 paragraph (8) of this section, by striking ‘‘Agreed

3 Measures’’ and inserting in lieu thereof ‘‘Protocol’’;

4 (10) in subsection (b)(5), as so redesignated by

5 paragraph (8) of this section—

6 (A) by inserting ‘‘waste or’’ after ‘‘des7 ignate as a’’; and

8 (B) by inserting ‘‘, or which the Director

9 finds must be regulated under the Protocol;’’

10 after ‘‘uses of Antarctica’’;

11 (11) in subsection (b)(6), as so redesignated by

12 paragraph (8) of this section, by inserting ‘‘waste

13 or’’ after ‘‘disposal of’’;

14 (12) in subsection (b)(8), as so redesignated by

15 paragraph (8) of this section, by striking the period

16 at the end and inserting in lieu thereof ‘‘; and’’;

17 (13) by moving subsection (b)(9) to the end of

18 subsection (b) and amending it to read as follows:

19 ‘‘(9) distinguish between prohibited Antarctic

20 mineral resource activities and scientific research.’’;

21 and

22 (14) after subsection (b) by inserting the follow23 ing new subsection:

24 ‘‘(c) TIME PERIOD FOR REGULATIONS.—The regula25 tions to be prescribed under subsection (b) shall be pro-
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1 mulgated within 24 months after the date of enactment

2 of the Antarctic Environmental Protection Act of 1993.’’.

3 SEC. 7. NOTIFICATION OF TRAVEL TO ANTARCTICA.

4 Section 7 of the Antarctic Conservation Act of 1978

5 (16 U.S.C. 2406) is amended to read as follows:

6 ‘‘SEC. 7. NOTIFICATION OF TRAVEL TO ANTARCTICA.

7 ‘‘(a) NOTICE.—The Secretary of State shall, within

8 24 months after the date of enactment of the Antarctic

9 Environmental Protection Act of 1993, prescribe such reg10 ulations as are necessary and appropriate to implement,

11 with respect to any person, paragraph 5 of Article VII

12 of the Treaty pertaining to the filing of advance notifica13 tions of expeditions to, and within, Antarctica.

14 ‘‘(b) COMPLIANCE.—The Secretary of State, in con15 junction with the Director and with the Secretary of the

16 department in which the Coast Guard is operating, shall,

17 within 24 months after the date of enactment of the Ant18 arctic Environmental Protection Act of 1993, prescribe

19 such regulations as are necessary and appropriate to re20 quire nongovernmental activities in Antarctica, including

21 tourism, for which the United States is required to give

22 advance notice under paragraph 5 of Article VII of the

23 Treaty, to provide for prompt and effective response action

24 to such emergencies as might arise in Antarctica, and to

25 comply with contingency plans in effect in Antarctica.’’.
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1 SEC. 8. REDESIGNATIONS.

2 Sections 8, 9, 10, 11, 12, 13, and 14 of the Antarctic

3 Conservation Act of 1978 (16 U.S.C. 2407–2413) are re4 designated as sections 10, 11, 13, 14, 15, 16, and 17, re5 spectively.

6 SEC. 9. ENVIRONMENTAL IMPACT ASSESSMENT.

7 The Antarctic Conservation Act of 1978 is amended

8 by inserting after section 7 the following new section:

9 ‘‘SEC. 8. ENVIRONMENTAL IMPACT ASSESSMENT.

10 ‘‘(a) GOVERNMENTAL ACTIVITIES.—The Director

11 shall, within 24 months after the date of enactment of the

12 Antarctic Environmental Protection Act of 1993, pre13 scribe such regulations as are necessary and appropriate

14 to implement the environmental impact assessment provi15 sions of the Protocol (Article 8; Annex I) with respect to

16 governmental activities in Antarctica.

17 ‘‘(b) NONGOVERNMENTAL ACTIVITIES.—The Sec18 retary of State, in conjunction with the Chairman of the

19 Council on Environmental Quality, shall, within 24

20 months after the date of enactment of the Antarctic Envi21 ronmental Protection Act of 1993, prescribe such regula22 tions as are necessary and appropriate to implement the

23 environmental impact assessment provisions of the Proto24 col (Article 8; Annex I) with respect to nongovernmental

25 activities in Antarctica, including tourism, for which the
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1 United States is required to give advance notice under

2 paragraph 5 of Article VII of the Treaty.

3 ‘‘(c) RELATION TO OTHER LAW.—The provisions of

4 this section shall supersede all other provisions of law re5 lating to the preparation of environmental evaluations or

6 documents to the extent such laws might otherwise be con7 strued to apply to decisions or actions affecting the Ant8 arctic environment.’’.

9 SEC. 10. REPRESENTATION.

10 The Antarctic Conservation Act of 1978 is amended

11 by inserting after section 8 the following new section:

12 ‘‘SEC. 9. REPRESENTATION.

13 ‘‘(a) DESIGNATION.—The Secretary of State, with

14 the concurrence of other appropriate Federal officials,

15 shall designate an officer or employee of the United States

16 as the United States representative to the Committee for

17 Environmental Protection.

18 ‘‘(b) COMPENSATION.—The United States represent19 ative shall receive no additional compensation by reason

20 of service as such representative.’’.

21 SEC. 11. CIVIL PENALTIES.

22 Section 10 of the Antarctic Conservation Act of 1978

23 (16 U.S.C. 2407), as redesignated by section 8 of this Act,

24 is amended—
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1 (1) by inserting ‘‘or the Secretary of State, as

2 appropriate,’’ after ‘‘the Director’’ each place it ap3 pears;

4 (2) in subsection (a)—

5 (A) by striking ‘‘or to have violated any

6 regulation prescribed under section 7’’;

7 (B) by striking ‘‘$5,000 for each violation

8 unless the prohibited act was knowingly com9 mitted, in which case the amount of the civil

10 penalty shall not exceed $10,000’’ and inserting

11 in lieu thereof ‘‘$50,000’’; and

12 (C) by striking the last sentence and in13 serting in lieu thereof the following: ‘‘In deter14 mining the amount of such penalty, the Direc15 tor or the Secretary of State, as appropriate,

16 shall take into account the nature, cir17 cumstances, extent, and gravity of the prohib18 ited acts committed, and, with respect to the vi19 olator, the degree of culpability, any history of

20 prior offenses, ability to pay, and such other

21 matters as justice may require, to the extent

22 such information is reasonably available to the

23 Director or the Secretary of State, as appro24 priate. The Director or the Secretary of State,

25 as appropriate, may compromise, modify, or
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1 remit, with or without conditions, any civil pen2 alty which is subject to imposition or which has

3 been imposed under this section.’’;

4 (3) by striking subsection (c);

5 (4) by redesignating subsection (d) as sub6 section (f), and in that subsection by striking ‘‘sub7 section (a)’’ and inserting in lieu thereof ‘‘sub8 sections (a) or (c)’’; and

9 (5) by inserting after subsection (b) the follow10 ing new subsections:

11 ‘‘(c) CIVIL ACTION.—Whenever, on the basis of any

12 information, the Director or the Secretary of State deter13 mines that any person has violated or is in violation of

14 any requirement of this Act or any regulation promulgated

15 hereunder, the Director or the Secretary of State may

16 commence a civil action in the appropriate United States

17 District Court, pursuant to section 14 of this Act, for ap18 propriate relief, including—

19 ‘‘(1) a temporary or permanent injunction; or

20 ‘‘(2) an action to assess and recover a civil pen21 alty not to exceed $50,000 per day for each viola22 tion,

23 or both.

24 ‘‘(d) IN REM JURISDICTION.—Any vessel, vehicle, or

25 aircraft (including its gear, furniture, appurtenances,
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1 stores, and cargo) used in the commission of an act pro2 hibited by section 4 of this Act shall be liable in rem for

3 any civil penalty assessed for such violation under this sec4 tion and may be proceeded against in any district court

5 of the United States having jurisdiction thereof. In the

6 case of a vessel, such penalty shall constitute a maritime

7 lien on the vessel which may be recovered in an action

8 in rem in the district court of the United States having

9 jurisdiction over the vessel.

10 ‘‘(e) ROLES OF DIRECTOR AND SECRETARY OF

11 STATE.—The Director and the Secretary of State shall

12 each carry out this section with respect to violations of

13 regulations they have prescribed.’’.

14 SEC. 12. CRIMINAL OFFENSES.

15 Section 11 of the Antarctic Conservation Act of 1978

16 (16 U.S.C. 2408), as redesignated by section 8 of this Act,

17 is amended—

18 (1) in subsection (a), by striking ‘‘willfully’’ and

19 inserting in lieu thereof ‘‘knowingly’’;

20 (2) in subsection (b)—

21 (A) by striking ‘‘$10,000’’ and inserting in

22 lieu thereof ‘‘not less than $5,000 nor more

23 than $50,000 per day of violation’’;

24 (B) by striking ‘‘one year’’ and inserting in

25 lieu thereof ‘‘five years’’; and
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1 (C) by adding at the end the following new

2 sentences: ‘‘If in the commission of any such of3 fense the person uses a dangerous weapon, en4 gages in conduct that causes bodily injury to

5 any officer of the United States described in

6 section 12(b) of this Act, or places any such of7 ficer in fear of imminent bodily injury, the of8 fense is punishable by a fine of not more than

9 $100,000 per day of violation, or by imprison10 ment for not more than 10 years, or both. If a

11 conviction of a person is for a violation commit12 ted after a first conviction of such person under

13 this section, the maximum punishment shall be

14 double with respect to both fine and imprison15 ment.’’; and

16 (3) by adding at the end the following new sub17 section:

18 ‘‘(d) FEDERAL JURISDICTION.—There is Federal ju19 risdiction over any offense described in subsection (a) of

20 this section.’’.

21 SEC. 13. CIVIL FORFEITURES.

22 The Antarctic Conservation Act of 1978, as amended

23 by this Act, is further amended by inserting after section

24 11, as so redesignated by section 8 of this Act, the follow25 ing new section:
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1 ‘‘SEC. 12. CIVIL FORFEITURES.

2 ‘‘(a) IN GENERAL.—Any vessel, vehicle, or aircraft

3 (including its gear, furniture, appurtenances, stores, and

4 cargo) used, and any Antarctic mineral resources (or the

5 fair market value thereof) recovered or possessed, in any

6 manner, in connection with or as a result of the commis7 sion of any act prohibited by section 4 of this Act shall

8 be subject to forfeiture to the United States. All or part

9 of such vessel, vehicle, or aircraft may, and all such Ant10 arctic mineral resource (or the fair market value thereof)

11 shall, be forfeited to the United States pursuant to a civil

12 proceeding under this section.

13 ‘‘(b) JURISDICTION OF DISTRICT COURTS.—Any dis14 trict court of the United States which has jurisdiction

15 under section 14 of this Act shall have jurisdiction, upon

16 application by the Attorney General on behalf of the Unit17 ed States, to order any forfeiture authorized under sub18 section (a) of this section and any action provided for

19 under subsection (d) of this section.

20 ‘‘(c) JUDGMENT.—If a judgment is entered for the

21 United States in a civil forfeiture proceeding under this

22 section, the Attorney General may seize any property or

23 other interest declared forfeited to the United States,

24 which has not previously been seized pursuant to this Act

25 or for which security has not previously been obtained
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1 under subsection (d) of this section. The provisions of the

2 customs laws relating to—

3 ‘‘(1) the seizure, forfeiture, and condemnation

4 of property for violation of the customs law;

5 ‘‘(2) the disposition of such property or the pro6 ceeds from the sale thereof; and

7 ‘‘(3) the remission or mitigation of any such

8 forfeiture,

9 shall apply to seizures and forfeiture incurred, or alleged

10 to have been incurred, under the provisions of this Act,

11 unless such customs law provisions are inconsistent with

12 this Act.

13 ‘‘(d) PROCEDURE.—(1) Any officer authorized to

14 serve any process in rem which is issued by a court having

15 jurisdiction under section 14 of this Act shall—

16 ‘‘(A) stay the execution of such process; or

17 ‘‘(B) discharge any property seized pursuant to

18 such process,

19 upon the receipt of a satisfactory bond or other security

20 from any person claiming such property. Such bond or

21 other security shall be conditioned upon such person (i)

22 delivering such property to the appropriate court upon

23 order thereof, without any impairment of its value, or (ii)

24 paying the monetary value of such property pursuant to

25 an order of such court. Judgment shall be recoverable on
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1 such bond or other security against both the principal and

2 any sureties in the event that any condition thereof is

3 breached, as determined by such court. Nothing in this

4 paragraph may be construed to require the Director, ex5 cept in the Director’s discretion or pursuant to the order

6 of a court under section 14 of this Act, to release on bond

7 any seized Antarctic mineral resource or other property

8 or the proceeds from the sale thereof.

9 ‘‘(2) Any Antarctic mineral resource seized pursuant

10 to this Act may be sold, subject to the approval and direc11 tion of the appropriate court, for not less than the fair

12 market value thereof. The proceeds of any such sale shall

13 be deposited with such court pending the disposition of

14 the matter involved.

15 ‘‘(e) REBUTTABLE PRESUMPTION.—For purposes of

16 this section, it is a rebuttable presumption that all mineral

17 resources found on board a vessel, vehicle, or aircraft

18 which is seized in connection with an act prohibited by

19 section 4 of this Act are Antarctic mineral resources.’’.

20 SEC. 14. ENFORCEMENT.

21 Section 13 of the Antarctic Conservation Act of 1978

22 (16 U.S.C. 2409), as so redesignated by section 8 of this

23 Act, is amended—

24 (1) in subsection (b)—
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1 (A) by redesignating paragraphs (4)

2 through (7) as paragraphs (7) through (10), re3 spectively;

4 (B) by inserting after paragraph (3) the

5 following new paragraphs:

6 ‘‘(4) board without warrant, and search or in7 spect, any vessel, vehicle, or aircraft subject to the

8 provisions of this Act;

9 ‘‘(5) seize without warrant any Antarctic min10 eral resource (wherever found) recovered or pos11 sessed in violation of this Act;

12 ‘‘(6) seize without warrant any vessel, vehicle,

13 or aircraft subject to the provisions of this Act (in14 cluding its gear, furniture, appurtenances, stores,

15 and cargo) or other equipment used in, or that rea16 sonably appears to have been used in, a violation of

17 this Act;’’;

18 (C) in paragraph (7), as so redesignated

19 by subparagraph (A) of this paragraph, by in20 serting ‘‘, or which may lead to the forfeiture

21 of property for any violation of such provisions’’

22 after ‘‘of such provisions’’; and

23 (D) by adding at the end the following:

24 ‘‘Subject to the direction of the Director, the Secretary

25 of the Treasury, the Secretary of Commerce, the Secretary
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1 of the Interior, or the Secretary of the department in

2 which the Coast Guard is operating, a person charged with

3 law enforcement responsibilities under this Act who is per4 forming a duty related to enforcement of this Act may

5 make an arrest without a warrant for an offense against

6 the United States committed in his presence, or for a fel7 ony cognizable under the laws of the United States, if he

8 has reasonable grounds to believe that the person to be

9 arrested has committed or is committing a felony.’’;

10 (2) in subsection (d)(3) by inserting ‘‘native in11 vertebrate,’’ after ‘‘native bird,’’;

12 (3) in subsection (f)—

13 (A) by inserting ‘‘native invertebrates,’’

14 after ‘‘native birds,’’; and

15 (B) by striking ‘‘animals and plants not in16 digenous to Antarctica’’ and inserting in lieu

17 thereof ‘‘nonnative species’’; and

18 (4) by adding at the end the following new sub19 sections:

20 ‘‘(g) LIABILITY FOR COSTS.—Any person assessed a

21 civil penalty for, or convicted of, any violation of this Act,

22 shall be liable for the cost incurred in storage, care, and

23 maintenance of any Antarctic mineral resource or other

24 property seized in connection with the violation.
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1 ‘‘(h) PAYMENTS OF STORAGE AND OTHER COSTS.—

2 Notwithstanding any other provision of law, the Director

3 or the Secretary of the Treasury shall pay from sums re4 ceived as fines, penalties, and forfeitures of property for

5 violations of any provisions of this Act—

6 ‘‘(1) the reasonable and necessary costs in7 curred in connection with the seizure and forfeiture

8 of property pursuant to this Act, including in provid9 ing temporary storage, care, and maintenance of

10 such property pending disposition of any civil or

11 criminal proceeding alleging a violation of any provi12 sion of this Act;

13 ‘‘(2) any expenses directly related to investiga14 tions and civil or criminal enforcement proceedings,

15 including any necessary expenses for equipment,

16 training, travel, witnesses, and contracting services

17 directly related to such investigations or proceedings;

18 and

19 ‘‘(3) to a qualifying person any reward offered

20 pursuant to this section.’’.

21 SEC. 15. FEDERAL AGENCY COOPERATION.

22 Section 15 of the Antarctic Conservation Act of 1978

23 (16 U.S.C. 2411), as redesignated by section 8 of this Act,

24 is amended by inserting ‘‘, and any department or agency

25 with expertise relevant to the conduct of United States
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1 activities in Antarctica shall also so cooperate with the Di2 rector’’ after ‘‘out the purposes of this Act’’.

3 SEC. 16. REPEALER.

4 Section 17 of the Antarctic Conservation Act of 1978,

5 as so redesignated by section 8 of this Act, and the Ant6 arctic Protection Act of 1990 (Public Law 101–594, 16

7 U.S.C. 2461–2466) are repealed.

8 SEC. 17. ANTARCTIC ENVIRONMENTAL PROTECTION COM9 MISSION.

10 (a) ESTABLISHMENT.—The President shall establish

11 an Antarctic Environmental Protection Commission (in

12 this section referred to as the ‘‘Commission’’) not later

13 than six months after the date of enactment of this Act.

14 The Commission shall review the compliance of all United

15 States Antarctic Program stations, field camps, and oper16 ations with the provisions of the Antarctic Conservation

17 Act of 1978.

18 (b) MEMBERSHIP.—(1) The Commission shall be

19 comprised of five members to be appointed by the Presi20 dent from among individuals who possess demonstrated

21 expertise in one or more of the following areas:

22 (A) Environmental management or science.

23 (B) Cold regions environmental engineering.

24 (C) Environmental law.

25 (D) Antarctic science, policy, or operations.
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1 (E) Environmental assessment, enforcement, or

2 compliance monitoring.

3 (2) Members of the Commission may be allowed trav4 el expenses, including per diem in lieu of subsistence, as

5 authorized by section 5703 of title 5, United States Code.

6 (3) Any vacancy occurring in the membership of the

7 Commission shall be filled by the President for the remain8 der of the unexpired term.

9 (4) A member may serve after the expiration of the

10 member’s term until the President appoints a successor.

11 (5) A member may be appointed to consecutive terms.

12 (c) CHAIRMAN.—The President shall designate one

13 member of the Commission as Chairman, who shall be re14 sponsible for directing the work of the Commission.

15 (d) TERM OF SERVICE.—(1) Except as provided in

16 paragraph (2), the term of office of each member of the

17 Commission appointed under subsection (b) shall be four

18 years.

19 (2) Of the members of the Commission originally ap20 pointed under subsection (b)—

21 (A) two shall be appointed for a term of two

22 years and six months; and

23 (B) three shall be appointed for a term of four

24 years and six months.
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1 (e) LOGISTICAL AND ADMINISTRATIVE SUPPORT.—

2 The National Science Foundation shall provide all trans3 portation and logistical support necessary to allow the

4 Commission to conduct on-site inspections of United

5 States Antarctic Program stations, field camps, and oper6 ations, and shall cooperate to the fullest extent possible

7 in meeting requests for documents, other information, and

8 assistance necessary for the Commission to carry out its

9 work and prepare the report required in subsection (f).

10 (f) REPORT.—(1) Not later than 18 months after the

11 date of enactment of this Act, and every two years there12 after, the Commission shall submit a report to the Presi13 dent and the Congress documenting the Commission’s

14 findings on the compliance of the United States Antarctic

15 Program with the provisions of the Antarctic Conservation

16 Act of 1978, including specific reference to the activities

17 undertaken by the Director of the National Science Foun18 dation in implementation of the permit program required

19 under section 5 of that Act. The report shall specify any

20 examples of failures of compliance and shall make rec21 ommendations for corrective actions.

22 (2) The Director of the National Science Foundation

23 shall, within 90 days after the report is submitted under

24 paragraph (1) to the President, submit to the Congress

25 a plan for implementing the recommendations of the re-
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1 port, together with an estimate of the time required and

2 costs projected to be incurred in implementing the plan.

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