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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3532 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3532

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 1993

 Mr. Boucher (for himself, Mr. Brown of California, and Mr. Boehlert) 
   introduced the following bill; which was referred jointly to the 
   Committees on Merchant Marine and Fisheries, Science, Space, and 
           Technology, Foreign Affairs, and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To implement the Protocol on Environmental Protection to the Antarctic 
  Treaty, to enact a prohibition against Antarctic mineral resources 
                  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, PURPOSE, AND POLICY.

    (a) Findings.--The Congress finds that--
            (1) the Antarctic Treaty and the Protocol on Environmental 
        Protection to the Antarctic Treaty have established a firm 
        foundation for the comprehensive protection of the Antarctic 
        environment, the continuation of international cooperation, and 
        the freedom of scientific investigation in Antarctica;
            (2) the Protocol establishes international mechanisms and 
        creates legal obligations necessary for the maintenance of 
        Antarctica as a natural reserve, devoted to peace and science;
            (3) the Protocol serves important United States 
        environmental and resource management interests, while at the 
        same time preserving the freedom of scientific investigation in 
        Antarctica;
            (4) the Protocol represents an important contribution to 
        the United States' long-term legal and political objectives of 
        maintenance of Antarctica as an area of peaceful international 
        cooperation;
            (5) the Protocol institutes environmental impact assessment 
        procedures applicable to United States activities in Antarctica 
        which are consistent with those of the National Environmental 
        Policy Act of 1969;
            (6) 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;
            (7) the Protocol, including the principles contained in 
        Article 3, which is legally binding on the United States, 
        provides a basis for granting residual regulatory authority to 
        address situations not specifically addressed by the provisions 
        of the Protocol; and
            (8) Antarctica is a natural reserve, devoted to peace and 
        science.
    (b) Purpose.--The purpose of this Act is to provide legislative 
authority to implement, with respect to the United States, the Protocol 
on Environmental Protection to the Antarctic Treaty.
    (c) Policy.--
            (1) It is the national policy of the United States that 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, 
        shall be fundamental considerations in the planning and conduct 
        of all activities in the Antarctic Treaty area.
            (2) It is the national policy of the United States that 
        activities in Antarctica are to 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 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; or
                    (F) degradation of, or substantial risk to, areas 
                of biological, scientific, historic, aesthetic, or 
                wilderness significance.
            (3) It is the national policy of the United States that 
        activities in Antarctica are to 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 the 
                Antarctic Treaty area;
                    (C) whether the activity will detrimentally affect 
                any other activity in the Antarctic Treaty area;
                    (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.
            (4) 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, including the 
        verification of predicted impacts.
            (5) 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 the Antarctic Treaty area 
        on the Antarctic environment and dependent and associated 
        ecosystems.
            (6) 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.
            (7) 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 the Protocol, and be 
        modified, suspended or cancelled if they result in or threaten 
        to result in impacts upon the Antarctic environment or 
        dependent or associated ecosystems inconsistent with the 
        Protocol.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency or an officer or employee 
        of the Environmental Protection Agency designated by the 
        Administrator.
            (2) The term ``Antarctica'' means the area south of sixty 
        degrees south latitude, except that with respect to Antarctic 
        mineral resource activity, the term means the area south of the 
        Antarctic Convergence as defined in section 303 of the 
        Antarctic Marine Living Resources Convention Act of 1984 (16 
        U.S.C. 2432(1)).
            (3) The term ``Antarctic mineral resource''--
                    (A) means any nonliving natural nonrenewable 
                resource (or part or product thereof) found in or 
                recovered from Antarctica;
                    (B) includes fossil fuels and minerals, whether 
                metallic or nonmetallic; and
                    (C) does not include ice, water, snow, or any 
                mineral resource removed before the date of enactment 
                of this Act.
            (4) The term ``Antarctic mineral resource activity'' means 
        collecting, removing or transporting, or prospecting for, or 
        exploration or development of, an Antarctic mineral resource, 
        except that the term 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, 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.
            (5) The term ``Antarctic specially protected area'' means 
        an area identified as such under section 6.
            (6) The term ``Committee for Environmental Protection'' 
        means the Committee for Environmental Protection established 
        under Article 11 of the Protocol.
            (7) The term ``development''--
                    (A) means any activity, including logistic support, 
                which takes place following exploration, the purpose of 
                which is the exploitation of specific Antarctic mineral 
                resource deposits; and
                    (B) includes processing, storage, and transport 
                activities.
            (8) The term ``Director'' means the Director of the 
        National Science Foundation or an officer or employee of the 
        Foundation designated by the Director.
            (9) The term ``exploration''--
                    (A) means any activity, including logistic support, 
                the purpose of which is the identification or 
                evaluation of specific Antarctic mineral resource 
                deposits for possible development; and
                    (B) includes exploratory drilling, dredging, and 
                other surface or subsurface excavations undertaken to 
                determine the nature and size of mineral resource 
                deposits and the feasibility of their development.
            (10) The term ``harmful interference'' means--
                    (A) flying or landing helicopters or other aircraft 
                in a manner that disturbs concentrations of birds or 
                seals;
                    (B) using vehicles or vessels, including hovercraft 
                and small boats, in a manner that disturbs 
                concentrations of birds or seals;
                    (C) using explosives or firearms in a manner that 
                disturbs concentrations of birds or seals;
                    (D) willfully disturbing breeding or molting birds 
                or concentrations of birds or seals by persons on foot;
                    (E) significantly damaging concentrations of native 
                terrestrial plants by landing aircraft, driving 
                vehicles, walking on them, or by other means; and
                    (F) any activity that results in significant 
                adverse modification of the habitat of any species or 
                population of native mammal, native bird, native plant 
                or native invertebrate.
            (11) The term ``historic site or monument'' means any site 
        or monument identified as a historic site or monument by the 
        Director under section 6.
            (12) The term ``impact'' means impact on the Antarctic 
        environment or on dependent or associated ecosystems.
            (13) The term ``implementing agency'' means the Director, 
        the Secretary, the Administrator, the Secretary of the 
        Department in which the Coast Guard is operating, or the 
        Secretary of State, as regulatory responsibilities are vested 
        under this Act.
            (14) The term ``import'' means to land on, bring into, or 
        introduce into, or attempt to land on, bring into, or introduce 
        into, any place subject to the jurisdiction of the United 
        States, including the 12-mile territorial sea of the United 
        States, whether or not such act constitutes an importation 
        within the meaning of the customs laws of the United States.
            (15) The term ``native bird'' means any member, at any 
        stage of its life cycle (including eggs), of any species of the 
        class Aves which is indigenous to Antarctica or occurs there 
        seasonally through natural migrations, designated by the 
        Director as a native species under section 6, and includes any 
        part of such member.
            (16) The term ``native invertebrate'' means any terrestrial 
        or freshwater invertebrate, at any stage of its life cycle, 
        which is indigenous to Antarctica, designated by the Director 
        as such under section 6, and includes any part of such 
        invertebrate.
            (17) The term ``native mammal'' means any member, at any 
        stage of its life cycle, of any species of the class Mammalia, 
        which is indigenous to Antarctica or occurs there seasonally 
        through natural migrations, designated by the Director as a 
        native species under section 6, and includes any part of such 
        member.
            (18) The term ``native plant'' means any terrestrial or 
        freshwater vegetation, including bryophytes, lichens, fungi and 
        algae, at any stage of its life cycle (including seeds and 
        other propagules), which is indigenous to Antarctica, 
        designated as such by the Director under section 6, and 
        includes any part of such vegetation.
            (19) The term ``non-native species'' means any species of 
        animal or plant which is not indigenous to Antarctica.
            (20) 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.
            (21) The term ``prohibited product'' means any substance 
        which is designated as such under section 6.
            (22) The term ``prohibited waste'' means any substance 
        which is designated as such under section 6.
            (23) 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.
            (24) The term ``Protocol'' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, signed 
        October 4, 1991, in Madrid, and all annexes thereto, and 
        includes any future amendments thereto which have entered into 
        force.
            (25) The term ``Secretary'' means the Secretary of 
        Commerce, or an officer or employee of the Department of 
        Commerce designed by the Secretary.
            (26) The term ``specifically protected species'' means any 
        native species designated as a specifically protected species 
        by the Director under section 6.
            (27) The term ``take'' or ``taking'' means to kill, injure, 
        capture, handle, or molest, a native mammal or bird, or to 
        remove or damage such quantities of native plants that their 
        local distribution or abundance would be significantly 
        affected.
            (28) The terms ``Treaty'' and ``Antarctic Treaty'' mean the 
        Antarctic Treaty signed in Washington, D.C. on December 1, 
        1959.
            (29) The term ``United States'' means the several States of 
        the Union, the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the Virgin Islands, Guam, the 
        Commonwealth of the Northern Mariana Islands, any other 
        commonwealth, territory or possession of the United States, and 
        the Trust Territory of the Pacific Islands.
            (30) The term ``vessel subject to the jurisdiction of the 
        United States'' includes any ``vessel of the United States'' 
        and any ``vessel subject to the jurisdiction of the United 
        States'' as those terms are defined in section 303 of the 
        Antarctic Marine Living Resources Convention Act of 1984 (16 
        U.S.C. 2432).

SEC. 4. PROHIBITED ACTS.

    (a) In General.--It is unlawful for any person--
            (1) to engage in, provided assistance (including logistic 
        support) to, or knowingly finance any Antarctic mineral 
        resource activity;
            (2) to receive, acquire, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control or 
        possession of any Antarctic mineral resource which that person 
        knows, or in the exercise of due care should have known, was 
        recovered or otherwise possessed as a result of Antarctic 
        mineral resource activity, without regard to the citizenship of 
        the entity that engaged in, or the vessel used in engaging in, 
        the Antarctic mineral resource activity;
            (3) to introduce any prohibited product onto land or ice 
        shelves or into water in Antarctica;
            (4) to dispose of any waste onto ice-free land areas or 
        into fresh water systems in Antarctica;
            (5) to dispose of any prohibited waste in Antarctica;
            (6) to engage in open burning of waste in Antarctica after 
        March 1, 1994;
            (7) to transport passengers to, from or within Antarctica 
        by any vessel not required to comply with the Act to Prevent 
        Pollution from Ships (33 U.S.C. 1901 et seq.), unless the 
        person has an agreement with the vessel owner or operator under 
        which the owner or operator is required to comply with Annex IV 
        to the Protocol;
            (8) who organizes, sponsors, operates, or promotes a non-
        governmental expedition to Antarctica, and who does business in 
        the United States, to fail to notify all members of the 
        expedition of the environmental protection obligations of this 
        Act, and of actions which members must take, or not take, in 
        order to comply with those obligations;
            (9) to damage, remove, or destroy a historic site or 
        monument;
            (10) to refuse permission to any authorized officer or 
        employee of the United States to board a vessel, vehicle, or 
        aircraft of the United States, or subject to the jurisdiction 
        of the United States, for the purpose of conducting any search 
        or inspection in connection with the enforcement of this Act or 
        any regulation promulgated or permit issued under this Act;
            (11) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized officer or 
        employee of the United States in the conduct of any search or 
        inspection described in paragraph (10) of this subsection;
            (12) to resist a lawful arrest or detention for any act 
        prohibited by this section;
            (13) to interfere with, delay, or prevent, by any means, 
        the apprehension, arrest, or detention of another person, 
        knowing that such other person has committed any act prohibited 
        by this section;
            (14) to violate any regulation promulgated under this Act, 
        or any term or condition of any permit issued to that person 
        under this Act; or
            (15) to attempt to commit or cause to be committed any act 
        prohibited by this section.
    (b) It is unlawful for any person, unless authorized by a permit 
issued under this Act--
            (1) to dispose of any waste in Antarctica (except as 
        otherwise authorized under the Act to Prevent Pollution from 
        Ships (33 U.S.C. 1901 et seq.)), including--
                    (A) to dispose of any waste from land into the sea 
                in Antarctica; and
                    (B) to incinerate any waste on land or ice shelves 
                in Antarctica, or on board vessels at points of 
                embarcation or debarcation, other than through the use 
                at remote field sites of incinerator toilets for human 
                waste;
            (2) to introduce into Antarctica any member of a non-native 
        species;
            (3) to enter or engage in activities within any Antarctic 
        specially protected area;
            (4) to engage in any taking or harmful interference in 
        Antarctica; or
            (5) to receive, acquire, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control or 
        possession of, any native bird, native mammal, or native plant 
        which the person knows, or in the exercise of due care should 
        have known, was taken in violation of this Act.
    (c) Exception for Emergencies.--No act described in subsections 
(a)(4), (a)(5), (a)(6), (a)(7), (a)(9), (a)(14), (a)(15) or subsection 
(b) shall be unlawful if the person committing the act reasonably 
believed that he or she did so under emergency circumstances involving 
the safety of human life or of ships, aircraft, or equipment or 
facilities of high value, or the protection of the environment.

SEC. 5. PERMITS.

    (a) In General.--The Director may, in accordance with this section, 
issue a permit which authorizes the conduct within Antarctica of an act 
described in section 4(b).
    (b) Applications for Permits.--
            (1) Applications for permits under this section shall be 
        made in such manner and form, and shall contain such 
        information, as the Director shall by regulation prescribe, and 
        shall be signed by the persons responsible for the activities 
        undertaken under the permit.
            (2) The Director shall publish notice in the Federal 
        Register of each application which is made for a permit under 
        this section. The notice shall invite the submission by 
        interested parties, within thirty days (or such other 
        reasonable period greater than thirty days as the Director may 
        determine) after the publication of the notice, of written 
        data, comments, or views with respect to the application. Such 
        application, and any data, comments or views received, shall be 
        made available to the public.
    (c) Cooperation With Other Agencies on Certain Permits.--
            (1)(A) If the Director receives an application for a permit 
        under this section requesting authority to undertake any action 
        with respect to--
                    (i) any native mammal which is a marine mammal 
                within the meaning of section 3(5) of the Marine Mammal 
                Protection Act of 1972 (16 U.S.C. 1362(5));
                    (ii) any native mammal, native bird, native plant, 
                or native invertebrate which is an endangered species 
                or threatened species under the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.);
                    (iii) any native bird which is protected under the 
                Migratory Bird Treaty Act (16 U.S.C. 701 et seq.);
the Director shall submit a copy of the application to the Secretary or 
to the Secretary of the Interior, as appropriate (hereinafter in this 
subsection referred to as the ``appropriate Secretary'').
            (B) After receiving a copy of any application from the 
        Director under subparagraph (A) of this paragraph the 
        appropriate Secretary shall promptly determine, and notify the 
        Director, whether or not any action proposed in the application 
        also requires a permit or other authorization under any law 
        administered by the appropriate Secretary.
            (C) If the appropriate Secretary notifies the Director that 
        any action proposed in the application requires a permit or 
        other authorization under any law administered by the 
        appropriate Secretary, the Director may not issue a permit 
        under this section with respect to such action unless such 
        other required permit or authorization is issued by the 
        appropriate Secretary and a copy thereof is submitted to the 
        Director. The issuance of any permit or other authorization by 
        the appropriate Secretary for the carrying out of any action 
        with respect to any native mammal, native bird, native 
        invertebrate, or native plant shall not be deemed to entitle 
        the applicant concerned to the issuance by the Director of a 
        permit under this section.
            (2)(A) If the Director receives an application for a permit 
        under this section requesting authority to undertake an action 
        described in section 4(b)(1), the Director shall submit a copy 
        of the application to the Administrator, and the Director and 
        Administrator shall promptly consult on the application.
            (B) The Director shall not issue, or deny the issuance of, 
        a permit under this section with respect to an action described 
        in section 4(b)(1) before consulting with the Administrator.
            (3)(A) If the Director receives an application for a permit 
        under this section requesting authority to undertake an action 
        described in section 4(b)(4) in connection with unavoidable 
        consequences of the construction or operation of scientific 
        support facilities, the Director shall submit a copy of the 
        application to the Secretary, and the Director and the 
        Secretary shall promptly consult on the application.
            (B) The Director shall not issue, or deny the issuance of, 
        a permit under this section with respect to such an action 
        without the written concurrence of the Secretary. The Secretary 
        shall inform the Director of such concurrence or denial thereof 
        within sixty days (unless the Secretary and Director agree 
        otherwise) after receiving a copy of the application under 
        paragraph (3)(A) of this subsection.
            (4) The Director shall provide the Administrator with a 
        copy of any permit application received for an activity which 
        may be subject to regulations promulgated under section 7(c). 
        The Director shall not issue such a permit without written 
        notice from the Administrator that the applicable requirements 
        of such regulations have been met. The Administrator shall 
        provide the Director with written notice as to whether such 
        requirements have been met within sixty days after receiving a 
        copy of the application.
    (d) Issuance of Permits.--As soon as practicable after receiving 
any application for a permit under this section, or, in the case of any 
application to which subsection (c) of this section applies, as soon as 
practicable after the applicable requirements of such subsection are 
complied with, the Director shall issue, or deny the issuance of, the 
permit. Within ten days after the date of the issuance or denial of a 
permit under this subsection, the Director shall publish notice of the 
issuance or denial in the Federal Register, including a description of 
any terms and conditions of the permit.
    (e) Modification, Suspension, and Revocation.--
            (1) The Director may modify, suspend, or revoke, in whole 
        or part, any permit issued under this section--
                    (A) if there is any change in conditions which 
                makes the permit inconsistent with the provisions of 
                this Act or the Protocol;
                    (B) in any case in which there has been any 
                violation of this Act, including a violation of any 
                regulation promulgated under this Act, or of any term 
                or condition of the permit; or
                    (C) in order to make the permit consistent with any 
                change made, after the date of issuance of the permit, 
                to any regulation promulgated under section 6.
            (2) If consultation with the Administrator was required 
        before issuance of the permit, under subsection (c)(2) of this 
        section, then the Director shall not modify the permit before 
        consulting with the Administrator with respect to the 
        modification.
            (3) If the concurrence of the Secretary was required before 
        issuance of the permit, under subsection (c)(3) of this 
        section, then the Director shall not modify the permit without 
        receiving the concurrence of the Secretary with respect to the 
        modification.
            (4) The Director shall publish notice of the modification, 
        suspension, or revocation of any permit in the Federal Register 
        within ten days after the date of the decision, including the 
        reasons for the decision.
            (5) Any permit modification, suspension, or revocation 
        under paragraph (1)(B) of this subsection shall be undertaken 
        pursuant to the provisions of section 15.
    (f) Permit Fees.--The Director may establish and charge fees for 
processing applications for permits under this section. The amount of 
the fees shall be commensurate with the administrative costs incurred 
by the Director in processing the application. Fees received will be 
credited to the appropriation or appropriations designated by the 
Director.
    (g) Terms and Conditions of Permits.--
            (1) Each permit issued under this section shall specify--
                    (A) the period during which the permit is valid; 
                and
                    (B) any other terms and conditions the Director 
                considers necessary and appropriate to ensure that any 
                action authorized under the permit is carried out in a 
                manner consistent with this Act and the regulations 
                promulgated under the Act, including appropriate 
                record-keeping, reporting, and compliance monitoring 
                requirements, and other terms and conditions relating 
                to inspection of documents and records.
            (2) A permit which authorizes the disposal of any waste in 
        Antarctica shall--
                    (A) be issued only if the Director determines, 
                after consultation with the Administrator and based on 
                all relevant information, that such disposal will not 
                pose a substantial hazard to human health or the 
                Antarctic environment;
                    (B) specify the amount of waste which may be 
                disposed of in Antarctica, how the waste shall be 
                managed prior to disposal, and the conditions for the 
                disposal;
                    (C) authorize the disposal of sewage or domestic 
                liquid wastes from land directly into the sea only if 
                the Director has taken fully into account the 
                provisions of Article 3 of, and Annex III to, the 
                Protocol, and provided that:
                            (i) the Director has determined that such 
                        disposal occurs, if practicable, where 
                        conditions exist for initial dilution and rapid 
                        dispersal; and
                            (ii) if generated in large quantities, such 
                        waste shall be treated by maceration or a 
                        treatment that the Director has determined 
                        provides greater environmental protection than 
                        does maceration;
                    (D) authorize the disposal of the by-product of 
                sewage treatment by the rotary biological contractor 
                process or similar processes from land into the sea, 
                provided that the Director has determined that such 
                disposal does not adversely affect the local 
                environment;
                    (E) authorize the disposal of waste through 
                incineration only if the Director has determined that 
                the incineration will meet the standards established by 
                regulation under section 6; and
                    (F) not authorize any disposal of prohibited waste 
                in Antarctica.
        All determinations by the Director under this paragraph shall 
        be made in consultation with the Administrator.
            (3) A permit which authorizes a taking or a harmful 
        interference within Antarctica--
                    (A) may be issued only for the purpose of 
                providing--
                            (i) specimens for scientific study or 
                        scientific information;
                            (ii) specimens for museums, herbaria, 
                        zoological or botanical gardens, or other 
                        educational or cultural institutions or uses; 
                        or
                            (iii) for consequences of scientific 
                        activities, or of the construction and 
                        operation of scientific support facilities, 
                        which the Director has determined are 
                        unavoidable; and
                    (B) shall require that, as determined by the 
                Director--
                            (i) no more native mammals, native birds, 
                        or native plants are taken than are strictly 
                        necessary to meet the purposes set forth in 
                        subparagraph (A) of this paragraph;
                            (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.
                    (C) shall specify--
                            (i) the number and species of native 
                        mammals, native birds, native invertebrates, or 
                        native plants to which the permit applies; and
                            (ii) the manner in which the taking or 
                        harmful interference shall be conducted (which 
                        manner, as determined by the Director, involves 
                        the least degree of pain and suffering 
                        practicable), the period of time within which 
                        it must be conducted, the area in which it must 
                        be conducted, and the person who will take the 
                        action.
        All determinations made by the Director under this paragraph in 
        connection with permits for which the concurrence of the 
        Secretary under subsection (c)(3) of this section is required 
        shall be made only with the concurrence of the Secretary.
            (4) A permit which authorizes a taking within Antarctica of 
        a member of a specially protected species must meet the 
        requirements contained in paragraph (3) of this subsection, and 
        in addition may be issued only if the Director determines 
        that--
                    (A) there is a compelling scientific purpose for 
                the taking;
                    (B) the taking will not jeopardize any existing 
                natural ecological system or the survival or recovery 
                of the species or local population; and
                    (C) the taking uses non-lethal techniques, if 
                appropriate.
        All determinations made by the Director under this paragraph in 
        connection with permits for which the concurrence of the 
        Secretary under subsection (c)(3) of this section is required 
        shall be made only with the concurrence of the Secretary.
            (5) A permit which authorizes the introduction of a member 
        of a non-native species into Antarctica--
                    (A) may not be issued unless the non-native species 
                is listed in Appendix B to Annex II to the Protocol;
                    (B) shall specify the number, species, and, if 
                appropriate, age and sex of the animals or plants to 
                which the permit applies;
                    (C) shall specify the precautions to be taken to 
                prevent escape or contact with native fauna and flora;
                    (D) shall require that any animals or plants to 
                which the permit applies, and any progeny, shall, prior 
                to expiration of the permit, be removed from Antarctica 
                or disposed of by incineration or equally effective 
                means that eliminates risk to native fauna and flora;
                    (E) shall not permit the importation of dogs or 
                live poultry or other living birds; and
                    (F) shall require that precautions be taken to 
                prevent the release into the environment of micro-
                organisms (e.g., viruses, bacteria, parasites, yeasts 
                and fungi) not present in native fauna and flora.
            (6) A permit which authorizes entry into and engaging in 
        activities within an Antarctic specially protected area shall--
                    (A) if a management plan relating to the area has 
                been approved, be issued only--
                            (i) to enter and engage in activities 
                        within the specially protected area which the 
                        Director has determined are in accordance with 
                        the requirements of the management plan 
                        relating to that area; and
                            (ii) if accompanied by the relevant 
                        sections of the management plan;
                    (B) if a management plan relating to the area has 
                not been approved, be issued only--
                            (i) if entry is necessary to accomplish a 
                        compelling scientific purpose which the 
                        Director has determined cannot be served 
                        elsewhere; and
                            (ii) if the Director has determined that 
                        the actions allowed under the permit will not 
                        jeopardize the natural ecological system 
                        existing in the area; and
                    (C) specify--
                            (i) the extent and location of the 
                        specially protected area;
                            (ii) the activities authorized;
                            (iii) the period of time within which the 
                        authorized activities must be conducted, the 
                        area in which they must be conducted, and the 
                        person who is authorized to conduct them; and
                            (iv) other conditions imposed by the 
                        management plan, if any.
            (7) No permit shall be required for the importation of food 
        into Antarctic, 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.

SEC. 6. REGULATIONS.

    (a) In General.--The Director, the Secretary, the Administrator, 
the Secretary of the Department in which the Coast Guard is operating, 
and the Secretary of State shall promulgate, in accordance with this 
section, such regulations as are necessary and appropriate to implement 
the provisions of this Act and the Protocol.
    (b) Regulations to be Promulgated by the Secretary.--The Secretary 
shall promulgate such regulations relating to Antarctic mineral 
resource activity as the Secretary deems are necessary and appropriate 
to implement the provisions of this Act and the Protocol.
    (c) Regulations to be Promulgated by the Director.--The Director 
shall promulgate regulations which--
            (1) designate as native species--
                    (A) each species of the class Aves;
                    (B) each species of the class Mammalia;
                    (C) each species of plant; and
                    (D) each species of invertebrate;
        which is indigenous to Antarctic or which occurs there 
        seasonably through natural migrations;
            (2) specify those actions which must, and those actions 
        which must not, be taken within Antarctica in order to protect, 
        in accordance with the applicable provisions of the Protocol, 
        members of each native species designated under subsection 
        (c)(1) of this section;
            (3) designate as a specially protected species any species 
        of native mammal, native bird, native invertebrate, or native 
        plant which is--
                    (A) listed in Appendix A to Annex II to the 
                Protocol; or
                    (B) approved by the United States for special 
                protection under the Protocol;
            (4) designate as a non-native species that may be 
        introduced into Antarctica only those species listed in 
        Appendix B to Annex II to the Protocol;
            (5) identify each area designated as a Antarctic specially 
        protected area or specially managed area under the Protocol, 
        and implement the provisions of the management plan applicable 
        to such area;
            (6) identify each historic site and monument--
                    (A) listed under Article 8 of Annex V to the 
                Protocol; or
                    (B) approved by the United States for listing as a 
                historic site or monument;
            (7) require that any person who organizes, sponsors, 
        operates, or promotes non-Governmental expedition to Antartica, 
        and who does business in the United States, to notify all 
        members of the expedition of the environmental protection 
        obligations of this Act, and of actions which members must 
        take, or not take, in order to comply with those obligations; 
        and
            (8) set forth the form, content, and manner of filing, if 
        applicable, of all notices, reports, declarations, or other 
        documentation which may be required with respect to the 
        carrying out of any act for which a permit is required under 
        this Act.
    (d) Residual Regulatory Authority of the Director.--In addition to 
the specific authorities set forth in subsection (c) if this section, 
the Director may promulgate such regulations relating to the 
conservation of Antarctic fauna and flora or area protection in 
Antarctica as the Director deems necessary and appropriate to implement 
the provisions of the Protocol, including but not limited to 
regulations which address a situation not covered by the annexes to the 
Protocol or in which a more rigorous or supplemental requirement is 
necessary.
    (e) Regulations to be Promulgated by the Director With the 
Concurrence of the Administrator.--The Director, with the concurrence 
of the Administrator, shall promulgate regulations which--
            (1) designate as prohibited products--
                    (A) polychlorinated biphenyls;
                    (B) non-sterile soil;
                    (C) polystyrene beads or chips or similar forms of 
                packaging;
                    (D) pesticides (other than those required for 
                scientific, medical or hygiene purposes); and
                    (E) substances which the Parties to the Protocol or 
                Treaty agree should be banned from use in Antarctica;
            (2) designate as prohibited waste--
                    (A) radioactive materials;
                    (B) electrical batteries;
                    (C) liquid and solid fuel;
                    (D) wastes containing harmful levels of heavy 
                metals or acutely toxic or harmful persistent 
                compounds;
                    (E) polyvinyl chloride, polyurethane foam, 
                polystyrene foam, rubber and lubricating oils, treated 
                timbers and other products which contain additives that 
                could produce harmful emissions if incinerated;
                    (F) all other plastic wastes, except low density 
                polyethylene containers (such as bags for storing 
                wastes), provided that the capacity exists to 
                incinerate such containers under paragraph (5) of this 
                subsection, in which case such containers shall be 
                incinerated;
                    (G) fuel drums and other solid, non-combustible 
                wastes (provided that their removal would not result in 
                greater adverse environmental impact than leaving them 
                in their existing locations);
                    (H) unless incinerated, autoclaved, or otherwise 
                treated to be made sterile--
                            (i) residues of carcasses of imported 
                        animals;
                            (ii) laboratory culture of micro-organisms 
                        and plant pathogens;
                            (iii) medical wastes; and
                            (iv) introduced avian products; and
                    (I) the solid residue of incineration;
            (3) provide that--
                    (A) prohibited waste shall be removed from 
                Antarctica;
                    (B) sewage domestic liquid waste, and other liquid 
                waste (other than prohibited waste) shall, to the 
                maximum extent practicable, be removed from Antarctica;
                    (C) waste at field camps shall be transported to 
                supporting stations or vessels for disposal in 
                accordance with this Act; and
                    (D) wastes removed from Antarctica shall be 
                disposed of in accordance with applicable domestic and 
                international law;
            (4) provide that sewage, domestic liquid waste, and other 
        liquid waste (other than prohibited waste) to the maximum 
        extent practicable are not disposed of onto sea ice, ice 
        shelves, or the grounded ice-sheet, provided that such wastes 
        which are generated by stations located inland on ice shelves 
        or on the ground ice-sheet may be disposed of in deep ice pits 
        if such disposal is the only practicable option, as long as 
        such pits are not located on known ice-flow lines which 
        terminate at ice-free land areas or in areas of high ablation;
            (5) If the Director determines, in consultation with the 
        Administrator, through sound waste management planning, to 
        allow incineration as a means of waste disposal, provide 
        standards for incineration which--
                    (A) to the maximum extent practicable, reduce 
                harmful emissions;
                    (B) take fully into account the provisions of 
                Article 3 of the Protocol;
                    (C) are based on the criteria contained in sections 
                129(a)(2), 129(a)(4), and 129(c) of the Clean Air Act 
                (42 USC 7429(a)(2), (a)(4), and (c)), taking into 
                account the unique circumstances of Antarctic 
                logistics, operations, and the Antarctic environment; 
                and
                    (D) take into account any emission standards and 
                equipment guidelines which may be recommended by the 
                Committee for Environmental Protection and the 
                Scientific Committee on Antarctic Research.
        If it has been determined to use incineration as a means of 
        waste disposal, the Director, in consultation with the 
        Administrator, shall review such determination not later than 
        five years after the initial promulgation of any incineration 
        standards, and at five-year intervals thereafter. Such review 
        shall take into account technological advances in waste 
        disposal and removal, new information concerning effects on 
        human health and the environment, and the state of the 
        Antarctic environment;
            (6) provide that all wastes to be removed from Antarctica, 
        or disposed of in Antarctica, shall be stored in such a way as 
        to prevent their release into the environment;
            (7) provide, with respect to the United States Antarctic 
        Program and any other United States Government program in 
        Antarctica, in accordance with Articles 8, 9, and 10 of Annex 
        III to the Protocol, for--
                    (A) the establishment of a waste disposal 
                classification system;
                    (B) the preparation, and annual review and update, 
                of waste management plans, taking into account Article 
                1(3) of Annex III to the Protocol; and
                    (C) other waste management activities of such 
                programs; and
            (8) provide that past and present waste disposal sites on 
        land and abandoned work sites of Antarctic activities shall be 
        cleaned up by the generator of such wastes and the user of such 
        sites, provided that--
                    (A) such regulations shall not require the removal 
                of any structure designated as a historic site or 
                monument, or the removal of any structure or waste 
                material in circumstances where the removal by any 
                practical option would result in greater adverse 
                environmental impact than leaving the structure or 
                waste material in its existing location; and
                    (B) such regulations shall take into account 
                considerations of practicality, and of the safety of 
                human life.
    (f) Residual Regulatory Authority of the Director With the 
Concurrence of the Administrator.--In addition to the specific 
authorities set forth in subsection (e) of this section, the Director, 
with the concurrence of the Administrator, may--
            (1) promulgate such regulations relating to waste disposal 
        and waste management in Antarctica as the Director deems 
        necessary and appropriate to implement the provisions of the 
        Protocol, including but not limited to regulations which 
        address a situation not covered by the annexes to the Protocol 
        or in which a more rigorous or supplemental requirement is 
        necessary; and
            (2) designate additional items as prohibited products or 
        prohibited waste under subsection (e)(1) and (e)(2) of this 
        section, when the Director determines that such designation is 
        necessary and appropriate to protect human health or the 
        Antarctic environment.
    (g) Regulations to be Promulgated by the Secretary of State.--The 
Secretary of State shall promulgate 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, including a 
requirement for such person to describe how he or she plans to comply 
with any regulations promulgated under subsection (h) of this section.
    (h) Regulations With Respect to Contingency Planning and Response 
Action.--
            (1) The Secretary of the Department in which the Coast 
        Guard is operating, in addition to the regulations specified in 
        section 9, shall promulgate with the concurrence of the 
        Director, such regulations as are necessary and appropriate to 
        implement the provisions of Article 15 of the Protocol with 
        respect to vessels.
            (2) The Director shall promulgate such regulations as are 
        necessary and appropriate to implement the provisions of 
        Article 15 of the Protocol with respect to land areas and ice 
        shelves in Antarctica.
    (i) Residual Regulatory Authority of the Secretary of the 
Department in Which the Coast Guard is Operating.--In addition to the 
specific authority set forth in subsection (h) of this section and in 
section 9, the Secretary of the Department in which the Coast Guard is 
operating may promulgate such regulations relating to marine pollution 
in Antarctica as the Secretary of said Department deems necessary and 
appropriate to implement the provisions of the Protocol, including but 
not limited to regulations which address a situation not covered by the 
annexes to the Protocol or in which a more rigorous or supplemental 
requirement is necessary.
    (j) Time Period for Regulations.--The regulations to be promulgated 
under subsections (c) and (g) of this section shall be promulgated 
within twenty-four months after the date of enactment of this Act. The 
regulations to be promulgated under subsection (e) of this section 
shall be promulgated within thirty-six months after the date of 
enactment of this Act.

SEC. 7. ENVIRONMENTAL IMPACT ASSESSMENT

    (a) Federal Activities.--
            (1)(A) It is the intent of Congress to implement United 
        States obligations under Article 8 of and Annex I to the 
        Protocol by applying the National Environmental Policy Act (42 
        U.S.C. 4321 et seq.) to proposals for Federal agency activities 
        in Antarctica, as specified in this section.
            (B) The obligations contained in section 102(2)(C) of the 
        National Environmental Policy Act (42 U.S.C. 4332(2)(C)) shall 
        apply to proposals for Federal agency activities occurring in 
        Antarctica and affecting the quality of the human environment 
        in Antarctica or dependent or associated ecosystems, as 
        specified in this section.
            (2)(A) Unless an agency which proposes to conduct a federal 
        activity in Antarctica determines that the activity will have 
        less than a minor or transitory impact, or unless a 
        comprehensive environment evaluation is being prepared in 
        accordance with paragraph (2)(C) of this subsection, the agency 
        shall prepare an initial environmental evaluation, in 
        accordance with Article 2 of Annex I to the Protocol.
            (B) If the agency determines, through the preparation of 
        the initial environmental evaluation, that the proposed federal 
        activity is likely to have a minor or transitory impact, the 
        activity may proceed if appropriate procedures are put in place 
        to assess and verify the impact of the activity.
            (C) If the agency determines, through the preparation of 
        the initial environmental evaluation or otherwise, that a 
        proposed Federal activity is likely to have more than a minor 
        or transitory impact, the agency shall prepare a comprehensive 
        environmental evaluation in accordance with Article 3 of Annex 
        I to the Protocol, and shall make such comprehensive 
        environmental evaluation publicly available for comment.
            (3) Any agency decision under this section on whether a 
        proposed Federal activity, to which paragraph (2)(C) of this 
        subsection applies, should proceed, and, if so, whether in its 
        original or in a modified form, shall be based on the 
        comprehensive environmental evaluation as well as other 
        considerations which the agency, in the exercise of its 
        discretion, deems relevant.
            (4) For the purposes of this section:
                    (A) the term ``Federal activity'' includes, but is 
                not limited to, activities conducted under a Federal 
                agency research program in Antarctica, whether or not 
                conducted by a Federal agency; and
                    (B) activities that may have a ``significant'' 
                impact, within the meaning of section 102(2)(C) of the 
                National Environmental Policy Act (42 U.S.C. 
                4332(2)(C)), are deemed to fall within the category of 
                activities that are likely to have ``more than a minor 
                or transitory impact''.
    (b) Federal Activities Carried Out Jointly With Foreign 
Governments.--
            (1) For the purposes of this subsection, ``Antarctic joint 
        activity'' means any Federal activity in Antarctica which is 
        proposed to be conducted, or which is conducted, jointly or in 
        cooperation with one or more foreign governments, as defined in 
        regulations promulgated by such agencies as the President may 
        designate.
            (2) Where the Secretary of State, in cooperation with the 
        lead United States agency planning an Antarctic joint activity 
        and with the other government or governments involved, 
        determines that a government other than the United States, 
        which has signed or acceded to the Protocol, is coordinating 
        the implementation of environmental impact assessment 
        procedures for that activity, the requirements of subsection 
        (a) of this section shall not apply in respect of that 
        activity.
            (3) Determinations under paragraph (2) of this subsection, 
        and agency actions and decisions in connection with assessments 
        of impacts of Antarctic joint activities, shall not be subject 
        to judicial review.
    (c) Nongovernmental Activities.--
            (1) The Administrator shall, within twenty-four months 
        after the date of enactment of this Act, promulgate regulations 
        to provide for--
                    (A) the environmental impact assessment of 
                nongovernmental activities, including tourism, for 
                which the United States is required to give advance 
                notice under paragraph 5 of Article VII of the Treaty; 
                and
                    (B) coordination of the review of information 
                regarding environmental impact assessment received from 
                other Parties under the Protocol.
            (2) Such regulations shall be consistent with the 
        provisions of Annex I to the Protocol.
    (d) Decision To Proceed.--
            (1) No decision shall be taken to proceed with an activity 
        for which a comprehensive environmental evaluation is prepared 
        under this section unless there has been an opportunity for 
        consideration of the draft comprehensive environmental 
        evaluation at an Antarctic Treaty Consultative Meeting, 
        provided that no decision to proceed with a proposed activity 
        shall be delayed through the operation of this subsection for 
        more than fifteen months from the date of circulation of the 
        draft comprehensive environmental evaluation.
            (2) The Secretary of State shall circulate the final 
        comprehensive environmental evaluation, in accordance with 
        Article 3(6) of Annex I to the Protocol, at least sixty days 
        before the commencement of the activity in Antarctica.
    (e) Cases of Emergency.--The requirements set out in this section, 
and in regulations promulgated under it, shall not apply in cases of 
emergency relating to the safety of human life or of ships, aircraft, 
or equipment and facilities of high value, or the protection of the 
environment, which require an activity to be undertaken without 
fulfilling these requirements.
    (f) Judicial Review.--Agency compliance with subsection (a) of this 
section shall be reviewable under sections 701 and the following of 
title 5, subject to the provisions of subsection (b)(3) of this 
section.
    (g) Reporting.--The Secretary of State and the Administrator shall 
report annually to the Congress regarding implementation of this 
section. Their reports shall include information provided under Article 
6 of Annex I to the Protocol, copies of all comprehensive environmental 
evaluations circulated and all public comments received, as well as 
descriptions of any Antarctic joint activities and the environmental 
impact documentation associated therewith.
    (h) Exclusive Mechanism.--Notwithstanding any other provision of 
law, the requirements of the National Environmental Policy Act as 
specified in this section shall constitute the sole and exclusive 
statutory obligations of the Federal agencies with regard to assessing 
the environmental impacts of proposed Federal activities occurring in 
Antarctica.
    (i) Decisions on Permit Applications.--The provisions of this 
section requiring environmental impact assessments (including initial 
environmental evaluations and comprehensive environmental evaluations) 
shall not apply to permitting decisions under section 5.

SEC. 8. MONITORING.

    The Director, in consultation with the Administrator, shall 
promulgate such regulations as are necessary and appropriate, in 
accordance with Article 8 of and Annex I to the Protocol, to provide 
for procedures to assess and verify the impact over time of any 
activity that proceeds following the completion of a comprehensive 
environmental evaluation and, as appropriate, the impact over time of 
activities that proceed after a determination that they are likely to 
have no more than a minor or transitory impact.

SEC. 9. MARINE POLLUTION--AMENDMENTS TO THE ACT TO PREVENT POLLUTION 
              FROM SHIPS, 33 U.S.C. 1901 AND THE FOLLOWING.

    (a) References.--All references in this section to amendment or 
repeal mean amendment or repeal of a section, subsection, or provision 
of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.).
    (b) Definitions.--Subsection (a) of section 1901 of title 33 is 
amended--
            (1) in paragraph (8) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (9) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraphs:
            ``(10) `Antarctica' means the area south of sixty degrees 
        south latitude; and
            ``(11) `Antarctic Protocol' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, signed 
        October 4, 1991, in Madrid, and all annexes thereto, and 
        includes any future amendments thereto which have entered into 
        force.''
    (c) Application of Annex IV of the Protocol on Environmental 
Protection to the Antarctic Treaty.--Section 1901 of title 33 is 
further amended by adding a new subsection (c) as follows:
    ``(c) For the purposes of this chapter, the requirements of Annex 
IV of the Antarctic Protocol shall apply in Antarctica to all vessels 
over which the United States has jurisdiction, except for vessels 
listed in 33 U.S.C. 1902(b).''
    (d) Administration.--Subsection (a) of section 1903 of title 33 is 
amended by inserting in the first sentence ``, Annex IV to the 
Antarctic Protocol'' after ``the MARPOL Protocol''.
    (e) Regulations.--Subsection (b)(1) of section 1903 of title 33 is 
amended by inserting ``, Annex IV to the Antarctic Protocol'' after 
``the MARPOL Protocol''.
    (f) Violations.--
            (1) Subsection (a) of section 1907 of title 33 is amended 
        by inserting in the first sentence ``, Annex IV to the 
        Antarctic Protocol'' after ``the MARPOL Protocol''.
            (2) Subsection (b) of section 1907 of title 33 is amended 
        by striking the fourth and fifth sentences and replacing them 
        with the following: ``With respect to the MARPOL Protocol, upon 
        completion of the investigation, the Secretary shall take the 
        action required by the MARPOL Protocol and whatever further 
        actions he or she considers appropriate under the 
        circumstances. If the initial evidence was provided by a party 
        to the MARPOL Protocol, the Secretary, acting through the 
        Secretary of State, shall inform that party of the action taken 
        or proposed. With respect to Annex IV to the Antarctic 
        Protocol, upon completion of the investigation, the Secretary 
        shall take any actions required by the Antarctic Protocol and 
        whatever further actions he or she considers appropriate under 
        the circumstances.''
    (g) Penalties.--Section 1908 of title 33 is amended--
            (1) in subsection (a) by inserting ``Annex IV to the 
        Antarctic Protocol,'' after ``the MARPOL Protocol,'';
            (2) in subsection (b) by inserting ``Annex IV to the 
        Antarctic Protocol,'' after ``the MARPOL Protocol,'' in both 
        paragraphs (1) and (2);
            (3) in subsection (d) by inserting ``Annex IV to the 
        Antarctic Protocol,'' after ``the MARPOL Protocol,''.

SEC. 10. REPRESENTATIVE TO THE COMMITTEE FOR ENVIRONMENTAL PROTECTION.

    (a) The Secretary of State with the concurrence of the 
Administrator, the Director and the Secretary, shall designate an 
officer or employee of the United States to be the United States 
representative to the Committee for Environmental Protection.
    (b) The officer or employee designated shall have the technical 
qualifications necessary to serve in this capacity.
    (c) The United States representative shall receive no additional 
compensation by reason of service as such representative.

SEC. 11. OVERSIGHT.

    (a) Report and On-Site Inspections.--
            (1) The Secretary of State in conjunction with the 
        Administrator and the Secretary, shall, at appropriate 
        intervals of between two and five years, conduct an inspection 
        of the United States Antarctic Program, including on-site 
        inspections of stations, field camps, and operations, and 
        review of any other relevant information, including information 
        received from the Director, with a view to examining the 
        overall compliance of the United States Antarctic Program with 
        this Act and the Protocol.
            (2) The inspection of the United States Antarctic Program 
        shall be conducted by a team designated by the Secretary of 
        State, the Administrator, and the Secretary. The team shall 
        comprise no more members than are necessary and appropriate to 
        carry out its mandate, and shall include technically qualified 
        experts, both governmental and non-governmental.
            (3) The National Science Foundation shall provide all 
        transportation and logistical support necessary to allow the 
        team to conduct the on-site inspections in Antarctica, and 
        shall cooperate to the fullest extent possible in meeting 
        requests for documents, other information, and assistance 
        necessary for the inspection team to carry out its work. The 
        costs of transportation to and from Antarctica shall be borne 
        by the Department of State, the Environmental Protection 
        Agency, and the Department of Commerce.
            (4) The inspection team shall prepare a draft report which 
        documents its findings on the compliance of the United States 
        Antarctic Program with the provisions of this Act and the 
        Protocol, shall specify any examples of failures of compliance, 
        and shall make recommendations. The inspection team shall 
        provide the draft report to the Director for review and comment 
        for a period not to exceed one hundred and twenty days.
    (b) Publication.--The final report of the inspection team, 
including any comments by the Director, shall promptly be made public. 
The Director shall publish notice of the report and the response in the 
Federal Register.

SEC. 12. STUDY OF ANTARCTIC TOURISM.

    The Department of State shall coordinate an interagency study of 
tourism in Antarctica (including recommendations where appropriate) to 
determine whether or not additional measures should be taken with 
respect to Antarctic tourist activities. This study shall be completed 
within twenty-four months after the date of enactment of this Act.

SEC. 13. RULEMAKING AND PETITION FOR REGULATIONS.

    (a) Rulemaking.--Promulgation of regulations under this Act shall 
be in accordance with section 553 of title 5.
    (b) Petition for Regulations.--Any person may petition the 
implementing agency for the promulgation, amendment, or repeal of any 
regulation under this Act within its authority. Within one hundred and 
eighty days of receipt of such a petition, the implementing agency 
shall grant or deny the petition. If the petition is denied, the 
implementing agency shall provide notice of such denial and the reasons 
therefor. If the petition is granted, the final regulations shall be 
promulgated within twenty-four months of the granting of the petition.

SEC. 14. JUDICIAL REVIEW AND CITIZEN SUITS.

    (a) Judicial Review.--Any judicial review of final regulations 
promulgated under this Act, of the denial of any petition for the 
promulgation, amendment, or repeal of any regulation under this Act, or 
of any final agency action on any permit under section 5 shall be in 
accordance with sections 701 through 706 of title 5, except that--
            (1) any petition for such review may be filed only in the 
        United States Court of Appeals for the District of Columbia;
            (2) such petition shall be filed within thirty days from 
        the date of notice of final agency action;
            (3) action with respect to which review could have been 
        obtained under this section shall not be subject to judicial 
        review in any civil or criminal proceeding for enforcement;
            (4) only an objection which was raised with reasonable 
        specificity during the period for public comment may be raised 
        during judicial review; and
            (5) the filing of a petition for reconsideration shall not 
        postpone the effectiveness of any regulation.
    (b) Citizens' Suits.--
            (1) Except as provided in paragraph (2) of this subsection, 
        any person may commence a civil action under this subsection on 
        his or her own behalf--
                    (A) against any person (including (i) the United 
                States, and (ii) any other governmental instrumentality 
                or agency to the extent permitted by the Eleventh 
                Amendment to the Constitution) who is alleged to have 
                violated any permit, regulation, or prohibition which 
                has become effective under this Act: Provided, That no 
                such action may be brought against any individual, 
                grantee, or grantee institution based on an alleged 
                violation committed while the individual, grantee, or 
                grantee institution was engaged in scientific research 
                in Antarctica in connection with a Federal agency 
                program of research in Antarctica; and
                    (B) against the implementing agency where there is 
                alleged a failure of the implementing agency to perform 
                any action which, under section 6(j), section 7(c)(1), 
                or section 13(b) is not discretionary with the 
                implementing agency.
        The United States District Court for the District of Columbia 
        shall have jurisdiction, without regard to the amount in 
        controversy or the citizenship of the parties, to enforce such 
        a permit, regulation, or prohibition, or to order the 
        implementing agency to perform such act or duty, as the case 
        may be, and, with respect to actions under subparagraph (A) of 
        this paragraph, shall have jurisdiction to impose appropriate 
        civil penalties not to exceed $50,000 per day for each 
        violation, taking into account the factors in section 16(b). 
        The United States District Court for the District of Columbia 
        shall have jurisdiction to compel (consistent with subparagraph 
        (B) of this paragraph) agency action unreasonably delayed. In 
        any such action for unreasonable delay, notice to the 
        implementing agency shall be provided one hundred and eighty 
        days before commencing such action.
            (2) No action may be commenced--
                    (A) under paragraph (1)(A) of this subsection--
                            (i) prior to sixty days after the plaintiff 
                        has given notice of the alleged violation to 
                        the implementing agency and to any alleged 
                        violator of the permit, regulation, or 
                        prohibition; or
                            (ii) if the implementing agency has 
                        commenced and is diligently prosecuting an 
                        enforcement action; or
                    (B) under paragraph (1)(B) of this subsection, 
                prior to sixty days after the plaintiff has given 
                notice of such action to the implementing agency.
        Notice under this paragraph shall be given in such manner as 
        the implementing agency shall prescribe by regulation.
            (3) Any person may request the implementing agency to 
        commence an action against any individual, grantee, or grantee 
        institution who is alleged to have violated any permit, 
        regulation, or prohibition which has become effective under 
        this Act, while the individual, grantee, or grantee institution 
        was engaged in scientific research in Antarctica in connection 
        with a Federal agency program of research in Antarctica. A copy 
        of such request shall be given to the alleged violator. Within 
        sixty days after such request is made to the implementing 
        agency, the implementing agency shall either--
                    (A) commence an action against the alleged 
                violator; or
                    (B) provide to the person making the request a 
                written response that (i) states the implementing 
                agency's decision not to take enforcement action 
                against the alleged violator and (ii) describes any 
                other action the implementing agency has taken or 
                intends to take in connection with the alleged 
                violation.
        The response of the implementing agency under paragraph (3)(B) 
        of this subsection shall not be subject to judicial review.
            (4) In any action under this subsection, the implementing 
        agency, if not a party, may intervene as a matter of right at 
        any time in the proceeding. A judgment in an action under this 
        subsection to which the United States is not a party shall not, 
        however, have any binding effect upon the United States.
            (5) Whenever any action is brought under this subsection, 
        the plaintiff shall serve a copy of the complaint on the 
        Attorney General of the United States and on the implementing 
        agency. No consent judgment shall be entered in an action 
        brought under this subsection in which the United States is not 
        a party prior to forty-five days following the receipt of a 
        copy of the proposed consent judgment by the Attorney General 
        and the implementing agency during which time the Government 
        may submit its comments on the proposed consent judgment to the 
        court and parties or may intervene as a matter of right.
            (6) Nothing in this subsection shall restrict any right 
        which any person or class of person may have under any statute 
        or common law to seek enforcement of any permit, regulation, or 
        prohibition, or to seek any other relief.
    (c) Costs of Litigation.--In any judicial proceeding under this 
section, the court may award costs of litigation (including reasonable 
attorney and expert witness fees) to any prevailing or substantially 
prevailing party whenever the court determines that such award is 
appropriate. The court may, if a temporary restraining order or 
preliminary injunction is sought, require the filing of a bond or 
equivalent security in accordance with the Federal Rules of Civil 
Procedure.
    (d) Federal Compliance and Waiver of Sovereign Immunity.--
            (1) Each department, agency, and instrumentality of the 
        executive, legislative, and judicial branches of the Federal 
        Government (i) having jurisdiction over any facility or site in 
        Antarctica, or (ii) engaged in any activity pursuant to the 
        Protocol, this Act or any regulation promulgated or permit 
        issued hereunder, shall be subject to, and comply with, all 
        Federal requirements, both substantive and procedural 
        (including any requirement for permits or reporting or any 
        provisions for injunctive relief and such sanctions as may be 
        imposed by a court to enforce such relief), respecting 
        compliance with this Act and any regulation promulgated or 
        permit issued hereunder, in the same manner and to the same 
        extent, as any person is subject to such requirements, 
        including the payment of reasonable service charges. The 
        Federal substantive and procedural requirements referred to in 
        this paragraph include, but are not limited to, all 
        administrative orders and all civil and administrative 
        penalties and fines, regardless of whether such penalties or 
        fines are punitive or coercive in nature or are imposed for 
        isolated, intermittent, or continuing violations. The United 
        States hereby expressly waives any immunity otherwise 
        applicable to the United States with respect to any such 
        substantive or procedural requirement (including, but not 
        limited to, any injunctive relief, administrative order or 
        civil or administrative penalty or fine referred to in the 
        preceding sentence, or reasonable service charge). The 
        reasonable service charges referred to in this paragraph 
        include, but are not limited to, fees or charges assessed in 
        connection with the processing and issuance of permits, renewal 
        of permits, amendments to permits, review of plans, studies, 
        and other documents, and inspection and monitoring of 
        facilities.
            (2) Neither the United States, nor any agent, employee, or 
        officer thereof, shall be immune or exempt from any process or 
        sanction of any Federal court with respect to the enforcement 
        of any such injunctive relief. No agent, employee, or officer 
        of the United States shall be personally liable for any civil 
        penalty under any section of this Act with respect to any act 
        or omission within the scope of the official duties of the 
        agent, employee, or officer. An agent, employee, or officer of 
        the United States shall be subject to any criminal sanction 
        (including, but not limited to, any fine or imprisonment) under 
        any Federal law, but no department, agency, or instrumentality 
        of the Federal Government shall be subject to any such 
        sanction. The President may exempt any Antarctic facility or 
        activity of any department, agency, or instrumentality in the 
        executive branch from compliance with such a requirement if he 
        determines it to be in the paramount interest of the United 
        States to do so. No such exemption shall be granted due to lack 
        of appropriation unless the President shall have specifically 
        requested such appropriation as a part of the budgetary process 
        and the Congress shall have failed to make available such 
        requested appropriation. Any exemption shall be for a period 
        not in excess of one year, but additional exemptions may be 
        granted for periods not to exceed one year upon the President's 
        making a new determination. The President shall report each 
        January to the Congress all exemptions from the requirements of 
        this section granted during the preceding calendar year, 
        together with his or her reason for granting each such 
        exemption.

SEC. 15. ADMINISTRATIVE ENFORCEMENT.

    (a) Administrative Compliance Orders.--
            (1) Whenever, on the basis of any information, the 
        implementing agency determines that any person has violated or 
        is in violation of any requirement of this Act, or any permit 
        issued or regulation promulgated under this Act, such agency 
        may, after notice and opportunity for a hearing in accordance 
        with subsection (c) of this section, issue an order requiring 
        compliance immediately or within a specified time period, or 
        both.
            (2) Upon the failure of any person against whom a 
        compliance order is issued to take corrective action within the 
        time specified in the order, and after notice and an 
        opportunity for a hearing in accordance with subsection (c) of 
        this section, the implementing agency may request the Attorney 
        General to institute a civil action in either the United States 
        District Court for the District of Columbia or for any district 
        in which such person is found, resides or transacts business to 
        enforce such order.
    (b) Assessment of Penalties.--
            (1) Any person who is found by the implementing agency, 
        after notice and opportunity for a hearing in accordance with 
        subsection (c) of this section, to have committed any act 
        prohibited by section 4 shall be liable to the United States 
        for a civil penalty. The amount of the civil penalty shall not 
        exceed $50,000 for each violation. Each day of a continuing 
        violation shall constitute a separate offense. The amount of 
        such civil penalty shall be assessed by written notice. In 
        determining the amount of such penalty, the implementing agency 
        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, any economic benefit derived from the violation, and 
        such other matters as justice may require, to the extent such 
        information is reasonably available to the implementing agency.
            (2) The implementing agency 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.
    (c) Hearings.--Hearings for administrative actions under this 
section shall be conducted in accordance with section 554 of title 5. 
For the purposes of conducting any such hearing, the implementing 
agency may issue subpoenas for the attendance and testimony of 
witnesses and the production of relevant papers, books, and documents, 
and may administer oaths. Witnesses summoned shall be paid the same 
fees and mileage that are paid to witnesses in the courts of the United 
States. In case of contempt or refusal to obey a subpoena served upon 
any person under this subsection, the district court of the United 
States for any district in which such person is found, resides, or 
transacts business, upon application by the United States and after 
notice to such person, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony before the 
implementing agency or to appear and produce documents before the 
implementing agency, or both, and any failure to obey such order of the 
court may be punished by such court as a contempt thereof.
    (d) Review of Administrative Actions.--Any person against whom an 
administrative action has been taken under this section may obtain 
review thereof in the United States District Court for the District of 
Columbia by filing a complaint in such court within thirty days from 
the date of such order and by simultaneously sending a copy of such 
complaint, by certified mail to the implementing agency, the Attorney 
General and the appropriate United States Attorney. The implementing 
agency shall promptly file in such court a certified copy of the record 
upon which the violation was found or such penalty imposed, as provided 
in section 2112 of title 28. Such court shall not set aside or remand 
such order unless there is not substantial evidence in the record, 
taken as a whole, to support the finding of a violation or unless the 
implementing agency's assessment of the penalty constitutes an abuse of 
discretion. In any such proceeding, the United States may seek to 
recover the civil penalty assessed under this section.
    (e) Action Upon Failure to Pay Assessment.--If any person fails to 
pay an assessment of a civil penalty after it has become a final and 
unappealable order, or after the court has entered final judgment in 
favor of the implementing agency, the implementing agency shall request 
the Attorney General of the United States to bring a civil action to 
recover the amount assessed in any appropriate district court of the 
United States. In such action, the validity and appropriateness of the 
final order imposing the civil penalty shall not be subject to review.
    (f) 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 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. Such penalty shall 
constitute a maritime lien on such vessel which may be recovered in an 
action in rem in the district court of the United States having 
jurisdiction over the vessel.

SEC. 16. CIVIL JUDICIAL ENFORCEMENT.

    (a) Civil Judicial Enforcement.--Whenever, on the basis of any 
information, the implementing agency determines that a person has 
violated or is in violation of any requirement of this Act or any 
permit issued or regulation promulgated under this Act, such agency may 
request the Attorney General to commence a civil action in either the 
United States District Court for the District of Columbia, or for any 
district in which such person is found, resides, or transacts business, 
for appropriate relief, including a temporary or permanent injunction 
or to assess and recover a civil penalty not to exceed $50,000 per day 
for each past or ongoing violation, or both. Each day of a continuing 
violation shall constitute a separate offense.
    (b) Factors Considered in Determining Amount.--In determining the 
amount of such penalty, the court 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, any economic benefit derived from the 
violation, and such other matters as justice may require.
    (c) Imminent Hazard.--Notwithstanding any other provision of this 
Act, upon receipt of evidence that a person's past or present 
activities may present an imminent and substantial endangerment to 
human health or the environment in Antarctica, the Director, in 
consultation with the Administrator, may request the Attorney General 
to bring suit on behalf of the United States in either the United 
States District Court for the District of Columbia, or for any district 
in which such person is found, resides, or transacts business, against 
any person who has contributed to or who is contributing to such 
activities to restrain such person from such activities, to order such 
person to take other action as may be necessary, or both. The Director, 
in consultation with the Administrator, may also take other action 
under this section, including but not limited to issuing such orders as 
may be necessary to protect human health or the environment in 
Antarctica, and undertaking corrective action and recovering costs of 
such action.

SEC. 17. CRIMINAL OFFENSES.

    (a) Offenses.--Any person who knowingly commits any act prohibited 
by section 4 shall, upon conviction, be punished by a fine of not more 
than $50,000 per day of the violation, or by imprisonment for not more 
than five years, or by both; except that if in the commission of any 
such offense the person uses a dangerous weapon, engages in conduct 
that causes bodily injury to any officer or employee of the United 
States carrying out the powers specified in section 19(b)(1), or places 
any such officer or employee in fear of imminent bodily injury, the 
maximum fine shall be as provided in title 18 and the maximum 
imprisonment shall be ten years. Each day of a continuing violation 
shall constitute a separate offense. If a conviction of a person is for 
a violation committed after a first conviction of such person under 
this paragraph, the maximum punishment shall be doubled with respect to 
both fine and imprisonment.
    (b) Federal Jurisdiction.--There is Federal jurisdiction over any 
offense described in subsection (a) of this section.
    (c) Other Criminal Offenses.--Nothing in this Act shall be 
construed to limit the jurisdiction of the United States over other 
criminal offenses which may occur in Antarctica.

SEC. 18. CIVIL FORFEITURE.

    (a) In General.--Any vessel, vehicle or aircraft (including its 
gear, furniture, appurtenances, stores and cargo), and any guns, traps, 
and other equipment used, and any animal, plant, Antarctic mineral 
resource (or the fair market value thereof), or other property 
recovered, taken, or possessed, in any manner, including any proceeds 
thereof, in connection with or as a result of the commission of any act 
prohibited by section 4 shall be subject to forfeiture to the United 
States. All or part of such vessel, vehicle or aircraft may, and all of 
any such animal, plant, or Antarctic mineral resource (or 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 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 under 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 forfeitures incurred, or alleged to have 
been incurred, under the provisions of this Act, unless such customs 
law provisions are inconsistent with the purposes, policy, and 
provisions of this Act, except that all powers, rights, and duties 
conferred or imposed by the customs laws upon any officer or employee 
of the Customs Services shall, for the purposes of this Act, be 
exercised or performed by the implementing agency.
    (d) Procedure.--
            (1) Any officer authorized to serve any process in rem 
        which is issued by a court under 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 
        implementing agency, except in such agency's discretion or 
        pursuant to the order of a court, to release on bond any seized 
        property or the proceeds from the sale thereof.
            (2) Except as provided in subsection (e) of this section, 
        any property seized under this Act may be sold, subject to 
        regulations promulgated by the implementing agency, 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) Disposal.--Notwithstanding any other provision of law, upon the 
forfeiture to the United States of any property or item described in 
subsection (a) of this section, or upon the abandonment or waiver of 
any claim to any such property or item, it shall be disposed of by the 
implementing agency in such manner (including, but not limited to loan, 
sale, gift or destruction), consistent with the purposes of the Act, as 
may be prescribed by regulation; except that no native mammal, native 
bird, or native plant may be disposed of by sale to the public.

SEC. 19. POWERS OF AUTHORIZED ENFORCEMENT OFFICERS AND EMPLOYEES.

    (a) General Responsibilities.--The provisions of the Act and of any 
regulation promulgated or permit issued under this Act shall be 
enforced by the authorized officers or employees designated by the 
Director, the Secretary, the Administrator, the Secretary of the 
Treasury, the Secretary of the department in which the Coast Guard is 
operating or the Secretary of State. Each such agency may by agreement, 
on a reimbursable basis or otherwise, utilize the personnel, services, 
equipment (including aircraft and vessels) and facilities of any other 
department or agency of the United States in the performance of such 
duties.
    (b) Specific Powers.--Any officer or employee of the United States 
who is authorized (by an enforcing agency, or the head of any 
department or agency of the United States which has entered into an 
agreement with an enforcing agency under subsection (a) of this 
section) to enforce the provisions of this Act and of any regulation 
promulgated or permit issued under this Act may--
            (1) secure, execute, and serve any order, warrant, 
        subpoena, or other process, which is issued under the authority 
        of the United States or by any court of competent jurisdiction;
            (2) with or without a warrant or other process--
                    (A) search any person, place, vessel, vehicle, or 
                aircraft subject to the provisions of this Act where 
                there are reasonable grounds to believe that evidence 
                of a violation of this Act will be found;
                    (B) board, and search or inspect, any vessel, 
                vehicle or aircraft subject to the provisions of this 
                Act;
                    (C) seize any evidence relating to a violation of 
                this Act;
                    (D) seize any animal, plant, Antarctic mineral 
                resource, prohibited product or prohibited waste, 
                wherever such item may be found, which is or has been 
                recovered, taken or possessed in violation of this Act;
                    (E) seize any vessel, vehicle or aircraft subject 
                to the provisions of this Act (including its gear, 
                furniture, appurtenances, stores and cargo), or any 
                guns, traps or other equipment used in, or that 
                reasonably appears to have been used in, a violation of 
                this Act;
                    (F) detain for inspection and inspect any package, 
                crate, or other container, including its contents, and 
                all accompanying documents, upon importation into or 
                exportation from, the United States; and
                    (G) arrest any person, if he or she has reasonable 
                cause to believe that such person has committed an act 
                prohibited by section 4;
            (3) offer and pay a reward to any person who furnishes 
        information which leads to an arrest, conviction, civil penalty 
        assessment, permit sanction, compliance order, injunction, or 
        forfeiture of property for any violation of any provision of 
        this Act;
            (4) make inquiries, and administer to, or take from, any 
        person an oath, affirmation or affidavit, concerning any matter 
        which is related to the enforcement of such provisions; and
            (5) exercise any other authority which such officer or 
        employee is permitted by law to exercise.

SEC. 20. MISCELLANEOUS ENFORCEMENT PROVISIONS.

    (a) Regulations.--Each agency that has responsibility for 
implementing and enforcing this Act may promulgate such regulations as 
may be appropriate to enforce the provisions of this Act and of any 
regulations promulgated or permits issued under this Act, and charge 
reasonable fees for the expenses of the United States incurred in 
carrying out inspections and in transferring, boarding, handling, or 
storing animals, plants, Antarctic mineral resources and any other 
property seized or forfeited under this Act.
    (b) Burden of Proof.--In connection with any action alleging a 
violation of this Act, or implementing regulations, any person claiming 
the benefit of any exemption or permit shall have the burden of proving 
that the exemption applies or that the permit is applicable, has been 
granted, was valid and was in force at the time of the alleged 
violation.
    (c) Statute of Limitations.--The statute of limitations for 
initiating an administrative or judicial enforcement proceeding shall 
begin to run at the time a violation is discovered by any of the 
authorities listed in section 19 and shall run for a period of five 
years.
    (d) Action Against Permit.--If any person fails to pay a civil 
penalty or criminal fine, the implementing agency may suspend or deny 
any permit issued to or applied for by such person. The implementing 
agency shall reinstate such permit or permit application upon payment 
of the penalty or fine and interest thereon at the prevailing rate.
    (e) Payments of Storage and Other Costs.--Notwithstanding any other 
provision of law, the implementing agency may retain sums it receives 
as fines, penalties, and forfeitures of property for violations of any 
provisions of this Act, and shall pay from such sums--
            (1) the reasonable and necessary costs it incurs in 
        connection with the seizure and forfeiture of property under 
        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) to a qualifying person any reward offered under section 
        19;
            (3) any expenses directly related to investigations and 
        civil and criminal enforcement proceedings, including any 
        necessary expenses for equipment, training, travel, witnesses, 
        and contracting services directly related to such 
        investigations or proceedings;
            (4) any valid liens or mortgages against any property that 
        has been forfeited;
            (5) claims of parties in interest to property disposed of 
        under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 
        1612(b)) or under other provision of the customs laws, as made 
        applicable by this Act to seizures under this Act, in amounts 
        determined by the implementing agency to be applicable to such 
        claims at the time of seizure; and
            (6) reimbursement to any agency for services performed, or 
        personnel, equipment, or facilities utilized, under any 
        agreement entered into under section 19, or any similar 
        agreement authorized by law.
    (f) Proceedings Under Other Laws.--Legal proceedings brought under 
any section of this Act with respect to any Act shall not be deemed to 
preclude proceedings with respect to such act under any other provision 
of this Act or any other law.
    (g) Information Gathering Authority.--For the purposes of enforcing 
the provisions of this Act, or any permit issued or regulation 
promulgated under this Act--
            (1) the implementing agency may require any person who has 
        undertaken activities in Antarctica to--
                    (A) furnish information relating to his or her 
                activities in Antarctica; or
                    (B) sample any wastes, emissions, discharges, or 
                releases; and
            (2) the implementing agency or its authorized 
        representative may at reasonable times have access to and copy 
        and records relating to activities in Antarctica, and sample 
        any wastes, emissions, discharges, or releases that such person 
        is required to sample under paragraph (1) of this subsection.

SEC. 21. JUDICIAL ACTIONS.

    A district court of the United States which has jurisdiction over 
any case or controversy arising under the provisions of this Act may, 
at any time--
            (a) enter restraining orders or prohibitions;
            (b) issue warrants, process in rem, or other process;
            (c) prescribe and accept satisfactory bonds or other 
        security; and
            (d) take such other actions as are in the interest of 
        justice.

SEC. 22. FEDERAL AGENCY COOPERATION.

    (a) Each Federal department or agency whose activities affect 
Antarctica shall utilize, to the maximum extent practicable, its 
authorities in furtherance of the purposes of this Act, and shall 
cooperate with the Director in carrying out the purposes of this Act.
    (b) The Director shall consult with the Administrator with respect 
to enforcement of regulations promulgated under section 6(e) and with 
respect to determining compliance with the terms and conditions of 
permits issued under section 5(g)(2).

SEC. 23. RELATIONSHIP TO EXISTING INTERNATIONAL AGREEMENTS, STATUTES, 
              REGULATIONS, AND PERMITS.

    (a) In General.--Nothing in this Act shall be construed as 
contravening or superseding the provisions of any treaty or other 
international agreement, if such treaty or agreement is in force with 
respect to the United States on the date of enactment of this Act, or 
the provisions of any statute except as provided in subsections (b) and 
(c) of this section.
    (b) Statute.--For purposes of any Antarctic mineral resource, the 
provisions of this Act prevail over any inconsistent provision of the 
Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1401-1471).
    (c) Repeal of Statutes.--The Antarctic Conservation Act of 1978 (16 
U.S.C. 2401 et seq.) and the Antarctic Protection Act of 1990 (16 
U.S.C. 2461 et seq.) are hereby repealed.
    (d) Savings Provisions.--
            (1) All regulations promulgated under the Antarctic 
        Conservation Act of 1978 (16 U.S.C. 2401 et seq.) shall remain 
        in effect until the Director, the Secretary, the Administrator, 
        the Secretary of the Department in which the Coast Guard is 
        operating, or the Secretary of State, as the case may be, 
        promulgates superseding regulations under sections 6, 7, or 8.
            (2) All permits issued under the Antarctic Conservation Act 
        of 1978 (16 U.S.C. 2401 et seq.) shall remain in effect until 
        they expire in accordance with the terms of those permits.

SEC. 24. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for each of fiscal years 1994 and 1995 to carry out this Act.

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