I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Antarctic Environ5 mental Protection Act of 1993.’’

6 SEC. 2. FINDINGS, PURPOSE, AND POLICY.

7 (a) FINDINGS.—The Congress finds that—
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1 (1) the Antarctic Treaty and the Protocol on

2 Environmental Protection to the Antarctic Treaty

3 have established a firm foundation for the com4 prehensive protection of the Antarctic environment,

5 the continuation of international cooperation, and

6 the freedom of scientific investigation in Antarctica;

7 (2) the Protocol establishes international mech8 anisms and creates legal obligations necessary for

9 the maintenance of Antarctica as a natural reserve,

10 devoted to peace and science;

11 (3) the Protocol serves important United States

12 environmental and resource management interests,

13 while at the same time preserving the freedom of sci14 entific investigation in Antarctica;

15 (4) the Protocol represents an important con16 tribution to the United States’ long-term legal and

17 political objectives of maintenance of Antarctica as

18 an area of peaceful international cooperation;

19 (5) the Protocol institutes environmental impact

20 assessment procedures applicable to United States

21 activities in Antarctica which are consistent with

22 those of the National Environmental Policy Act of

23 1969;

24 (6) the prohibition of Antarctic mineral re25 source activity will contribute to protection of the
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1 Antarctic environment and dependent and associated

2 ecosystems by avoiding potential environmental deg3 radation which could result from mineral resource

4 activities;

5 (7) the Protocol, including the principles con6 tained in Article 3, which is legally binding on the

7 United States, provides a basis for granting residual

8 regulatory authority to address situations not spe9 cifically addressed by the provisions of the Protocol;

10 and

11 (8) Antarctica is a natural reserve, devoted to

12 peace and science.

13 (b) PURPOSE.—The purpose of this Act is to provide

14 legislative authority to implement, with respect to the

15 United States, the Protocol on Environmental Protection

16 to the Antarctic Treaty.

17 (c) POLICY.—

18 (1) It is the national policy of the United States

19 that the protection of the Antarctic environment and

20 dependent and associated ecosystems and the intrin21 sic value of Antarctica, including its wilderness and

22 aesthetic values and its value as an area for the con23 duct of scientific research, in particular research es24 sential to understanding the global environment,

25 shall be fundamental considerations in the planning
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1 and conduct of all activities in the Antarctic Treaty

2 area.

3 (2) It is the national policy of the United States

4 that activities in Antarctica are to be planned and

5 conducted so as to limit adverse impacts on the Ant6 arctic environment and dependent and associated

7 ecosystems and avoid—

8 (A) adverse effects on climate or weather

9 patterns;

10 (B) significant adverse effects on air or

11 water quality;

12 (C) significant changes in the atmospheric,

13 terrestrial (including aquatic), glacial, or ma14 rine environments;

15 (D) detrimental changes in the distribu16 tion, abundance or productivity of species or

17 populations of species of fauna and flora;

18 (E) further jeopardy to endangered or

19 threatened species or populations of such spe20 cies; or

21 (F) degradation of, or substantial risk to,

22 areas of biological, scientific, historic, aesthetic,

23 or wilderness significance.

24 (3) It is the national policy of the United States

25 that activities in Antarctica are to be planned and
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1 conducted on the basis of information sufficient to

2 allow prior assessments of, and informed judgments

3 about, their possible impacts on the Antarctic envi4 ronment and dependent and associated ecosystems

5 and on the value of Antarctica for the conduct of

6 scientific research, taking full account of—

7 (A) the scope of the activity, including its

8 area, duration, and intensity;

9 (B) the cumulative impacts of the activity,

10 both by itself and in combination with other ac11 tivities in the Antarctic Treaty area;

12 (C) whether the activity will detrimentally

13 affect any other activity in the Antarctic Treaty

14 area;

15 (D) whether technology and procedures are

16 available to provide for environmentally safe op17 erations;

18 (E) whether there exists the capacity to

19 monitor key environmental parameters and eco20 system components so as to identify and pro21 vide early warning of any adverse effects of the

22 activity and to provide for such modification of

23 operating procedures as may be necessary in

24 the light of the results of monitoring or in-
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1 creased knowledge of the Antarctic environment

2 and dependent and associated ecosystems; and

3 (F) whether there exists the capacity to re4 spond promptly and effectively to accidents,

5 particularly those with potential environmental

6 effects.

7 (4) It is the national policy of the United States

8 that regular and effective monitoring take place to

9 allow assessment of the impacts of ongoing activi10 ties, including the verification of predicted impacts.

11 (5) It is the national policy of the United States

12 that regular and effective monitoring take place to

13 facilitate early detection of the possible unforeseen

14 effects of activities carried out both within and out15 side the Antarctic Treaty area on the Antarctic envi16 ronment and dependent and associated ecosystems.

17 (6) It is the national policy of the United States

18 that activities in Antarctica be planned and con19 ducted so as to accord priority to scientific research

20 and to preserve the value of Antarctica as an area

21 for the conduct of such research, including research

22 essential to understanding the global environment.

23 (7) It is the national policy of the United States

24 that activities in Antarctica subject to United States

25 jurisdiction take place in a manner consistent with
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1 the Protocol, and be modified, suspended or can2 celled if they result in or threaten to result in im3 pacts upon the Antarctic environment or dependent

4 or associated ecosystems inconsistent with the

5 Protocol.

6 SEC. 3. DEFINITIONS.

7 For purposes of this Act—

8 (1) The term ‘‘Administrator’’ means the Ad9 ministrator of the Environmental Protection Agency

10 or an officer or employee of the Environmental Pro11 tection Agency designated by the Administrator.

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

13 south of sixty degrees south latitude, except that

14 with respect to Antarctic mineral resource activity,

15 the term means the area south of the Antarctic Con16 vergence as defined in section 303 of the Antarctic

17 Marine Living Resources Convention Act of 1984

18 (16 U.S.C. 2432(1)).

19 (3) The term ‘‘Antarctic mineral resource’’—

20 (A) means any nonliving natural

21 nonrenewable resource (or part or product

22 thereof) found in or recovered from Antarctica;

23 (B) includes fossil fuels and minerals,

24 whether metallic or nonmetallic; and
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1 (C) does not include ice, water, snow, or

2 any mineral resource removed before the date of

3 enactment of this Act.

4 (4) The term ‘‘Antarctic mineral resource activ5 ity’’ means collecting, removing or transporting, or

6 prospecting for, or exploration or development of, an

7 Antarctic mineral resource, except that the term

8 does not include those activities that are undertaken

9 in the course of and that are directly related to—

10 (A) scientific research;

11 (B) construction, operation and mainte12 nance of research stations, field camps, or other

13 such facilities; or

14 (C) providing, with the advance written

15 consent of the recipient institution, an Antarctic

16 mineral resource specimen to a museum or

17 other institution with a similar public function.

18 (5) The term ‘‘Antarctic specially protected

19 area’’ means an area identified as such under sec20 tion 6.

21 (6) The term ‘‘Committee for Environmental

22 Protection’’ means the Committee for Environmental

23 Protection established under Article 11 of the

24 Protocol.

25 (7) The term ‘‘development’’—
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1 (A) means any activity, including logistic

2 support, which takes place following explo3 ration, the purpose of which is the exploitation

4 of specific Antarctic mineral resource deposits;

5 and

6 (B) includes processing, storage, and

7 transport activities.

8 (8) The term ‘‘Director’’ means the Director of

9 the National Science Foundation or an officer or

10 employee of the Foundation designated by the

11 Director.

12 (9) The term ‘‘exploration’’—

13 (A) means any activity, including logistic

14 support, the purpose of which is the identifica15 tion or evaluation of specific Antarctic mineral

16 resource deposits for possible development; and

17 (B) includes exploratory drilling, dredging,

18 and other surface or subsurface excavations un19 dertaken to determine the nature and size of

20 mineral resource deposits and the feasibility of

21 their development.

22 (10) The term ‘‘harmful interference’’ means—

23 (A) flying or landing helicopters or other

24 aircraft in a manner that disturbs concentra25 tions of birds or seals;
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1 (B) using vehicles or vessels, including

2 hovercraft and small boats, in a manner that

3 disturbs concentrations of birds or seals;

4 (C) using explosives or firearms in a man5 ner that disturbs concentrations of birds or

6 seals;

7 (D) willfully disturbing breeding or molting

8 birds or concentrations of birds or seals by per9 sons on foot;

10 (E) significantly damaging concentrations

11 of native terrestrial plants by landing aircraft,

12 driving vehicles, walking on them, or by other

13 means; and

14 (F) any activity that results in significant

15 adverse modification of the habitat of any spe16 cies or population of native mammal, native

17 bird, native plant or native invertebrate.

18 (11) The term ‘‘historic site or monument’’

19 means any site or monument identified as a historic

20 site or monument by the Director under section 6.

21 (12) The term ‘‘impact’’ means impact on the

22 Antarctic environment or on dependent or associated

23 ecosystems.

24 (13) The term ‘‘implementing agency’’ means

25 the Director, the Secretary, the Administrator, the
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1 Secretary of the Department in which the Coast

2 Guard is operating, or the Secretary of State, as

3 regulatory responsibilities are vested under this Act.

4 (14) The term ‘‘import’’ means to land on,

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

6 bring into, or introduce into, any place subject to the

7 jurisdiction of the United States, including the 12-

8 mile territorial sea of the United States, whether or

9 not such act constitutes an importation within the

10 meaning of the customs laws of the United States.

11 (15) The term ‘‘native bird’’ means any mem12 ber, at any stage of its life cycle (including eggs), of

13 any species of the class Aves which is indigenous to

14 Antarctica or occurs there seasonally through natu15 ral migrations, designated by the Director as a na16 tive species under section 6, and includes any part

17 of such member.

18 (16) The term ‘‘native invertebrate’’ means any

19 terrestrial or freshwater invertebrate, at any stage of

20 its life cycle, which is indigenous to Antarctica, des21 ignated by the Director as such under section 6, and

22 includes any part of such invertebrate.

23 (17) The term ‘‘native mammal’’ means any

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

25 of the class Mammalia, which is indigenous to Ant-
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1 arctica or occurs there seasonally through natural

2 migrations, designated by the Director as a native

3 species under section 6, and includes any part of

4 such member.

5 (18) The term ‘‘native plant’’ means any terres6 trial or freshwater vegetation, including bryophytes,

7 lichens, fungi and algae, at any stage of its life cycle

8 (including seeds and other propagules), which is in9 digenous to Antarctica, designated as such by the

10 Director under section 6, and includes any part of

11 such vegetation.

12 (19) The term ‘‘non-native species’’ means any

13 species of animal or plant which is not indigenous to

14 Antarctica.

15 (20) The term ‘‘person’’ means an individual,

16 partnership, corporation, trust, association, or other

17 entity subject to the jurisdiction of the United

18 States and any department, agency, or other instru19 mentality of the Federal Government or of any State

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

21 agent of any such instrumentality.

22 (21) The term ‘‘prohibited product’’ means any

23 substance which is designated as such under section

24 6.
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1 (22) The term ‘‘prohibited waste’’ means any

2 substance which is designated as such under section

3 6.

4 (23) The term ‘‘prospecting’’ means any activ5 ity, including logistic support, the purpose of which

6 is the identification of Antarctic mineral resource

7 potential for possible exploration and development.

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

9 on Environmental Protection to the Antarctic Trea10 ty, signed October 4, 1991, in Madrid, and all an11 nexes thereto, and includes any future amendments

12 thereto which have entered into force.

13 (25) The term ‘‘Secretary’’ means the Secretary

14 of Commerce, or an officer or employee of the De15 partment of Commerce designed by the Secretary.

16 (26) The term ‘‘specifically protected species’’

17 means any native species designated as a specifically

18 protected species by the Director under section 6.

19 (27) The term ‘‘take’’ or ‘‘taking’’ means to

20 kill, injure, capture, handle, or molest, a native

21 mammal or bird, or to remove or damage such quan22 tities of native plants that their local distribution or

23 abundance would be significantly affected.
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1 (28) The terms ‘‘Treaty’’ and ‘‘Antarctic Trea2 ty’’ mean the Antarctic Treaty signed in Washing3 ton, D.C. on December 1, 1959.

4 (29) The term ‘‘United States’’ means the sev5 eral States of the Union, the District of Columbia,

6 the Commonwealth of Puerto Rico, American

7 Samoa, the Virgin Islands, Guam, the Common8 wealth of the Northern Mariana Islands, any other

9 commonwealth, territory or possession of the United

10 States, and the Trust Territory of the Pacific

11 Islands.

12 (30) The term ‘‘vessel subject to the jurisdic13 tion of the United States’’ includes any ‘‘vessel of

14 the United States’’ and any ‘‘vessel subject to the

15 jurisdiction of the United States’’ as those terms are

16 defined in section 303 of the Antarctic Marine Liv17 ing Resources Convention Act of 1984 (16 U.S.C.

18 2432).

19 SEC. 4. PROHIBITED ACTS.

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

21 (1) to engage in, provided assistance (including

22 logistic support) to, or knowingly finance any Ant23 arctic mineral resource activity;

24 (2) to receive, acquire, transport, offer for sale,

25 sell, purchase, import, export, or have custody, con-
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1 trol or possession of any Antarctic mineral resource

2 which that person knows, or in the exercise of due

3 care should have known, was recovered or otherwise

4 possessed as a result of Antarctic mineral resource

5 activity, without regard to the citizenship of the en6 tity that engaged in, or the vessel used in engaging

7 in, the Antarctic mineral resource activity;

8 (3) to introduce any prohibited product onto

9 land or ice shelves or into water in Antarctica;

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

11 areas or into fresh water systems in Antarctica;

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

14 (6) to engage in open burning of waste in Ant15 arctica after March 1, 1994;

16 (7) to transport passengers to, from or within

17 Antarctica by any vessel not required to comply with

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

19 1901 et seq.), unless the person has an agreement

20 with the vessel owner or operator under which the

21 owner or operator is required to comply with Annex

22 IV to the Protocol;

23 (8) who organizes, sponsors, operates, or pro24 motes a non-governmental expedition to Antarctica,

25 and who does business in the United States, to fail
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1 to notify all members of the expedition of the envi2 ronmental protection obligations of this Act, and of

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

4 order to comply with those obligations;

5 (9) to damage, remove, or destroy a historic site

6 or monument;

7 (10) to refuse permission to any authorized offi8 cer or employee of the United States to board a ves9 sel, vehicle, or aircraft of the United States, or sub10 ject to the jurisdiction of the United States, for the

11 purpose of conducting any search or inspection in

12 connection with the enforcement of this Act or any

13 regulation promulgated or permit issued under this

14 Act;

15 (11) to forcibly assault, resist, oppose, impede,

16 intimidate, or interfere with any authorized officer

17 or employee of the United States in the conduct of

18 any search or inspection described in paragraph (10)

19 of this subsection;

20 (12) to resist a lawful arrest or detention for

21 any act prohibited by this section;

22 (13) to interfere with, delay, or prevent, by any

23 means, the apprehension, arrest, or detention of an24 other person, knowing that such other person has

25 committed any act prohibited by this section;
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1 (14) to violate any regulation promulgated

2 under this Act, or any term or condition of any per3 mit issued to that person under this Act; or

4 (15) to attempt to commit or cause to be com5 mitted any act prohibited by this section.

6 (b) It is unlawful for any person, unless authorized

7 by a permit issued under this Act—

8 (1) to dispose of any waste in Antarctica (ex9 cept as otherwise authorized under the Act to Pre10 vent Pollution from Ships (33 U.S.C. 1901 et seq.)),

11 including—

12 (A) to dispose of any waste from land into

13 the sea in Antarctica; and

14 (B) to incinerate any waste on land or ice

15 shelves in Antarctica, or on board vessels at

16 points of embarcation or debarcation, other

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

19 (2) to introduce into Antarctica any member of

20 a non-native species;

21 (3) to enter or engage in activities within any

22 Antarctic specially protected area;

23 (4) to engage in any taking or harmful inter24 ference in Antarctica; or
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1 (5) to receive, acquire, transport, offer for sale,

2 sell, purchase, import, export, or have custody, con3 trol or possession of, any native bird, native mam4 mal, or native plant which the person knows, or in

5 the exercise of due care should have known, was

6 taken in violation of this Act.

7 (c) EXCEPTION FOR EMERGENCIES.—No act de8 scribed in subsections (a)(4), (a)(5), (a)(6), (a)(7), (a)(9),

9 (a)(14), (a)(15) or subsection (b) shall be unlawful if the

10 person committing the act reasonably believed that he or

11 she did so under emergency circumstances involving the

12 safety of human life or of ships, aircraft, or equipment

13 or facilities of high value, or the protection of the environ14 ment.

15 SEC. 5. PERMITS.

16 (a) IN GENERAL.—The Director may, in accordance

17 with this section, issue a permit which authorizes the con18 duct within Antarctica of an act described in section 4(b).

19 (b) APPLICATIONS FOR PERMITS.—

20 (1) Applications for permits under this section

21 shall be made in such manner and form, and shall

22 contain such information, as the Director shall by

23 regulation prescribe, and shall be signed by the per24 sons responsible for the activities undertaken under

25 the permit.
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1 (2) The Director shall publish notice in the

2 Federal Register of each application which is made

3 for a permit under this section. The notice shall in4 vite the submission by interested parties, within thir5 ty days (or such other reasonable period greater

6 than thirty days as the Director may determine)

7 after the publication of the notice, of written data,

8 comments, or views with respect to the application.

9 Such application, and any data, comments or views

10 received, shall be made available to the public.

11 (c) COOPERATION WITH OTHER AGENCIES ON CER12 TAIN PERMITS.—

13 (1)(A) If the Director receives an application

14 for a permit under this section requesting authority

15 to undertake any action with respect to—

16 (i) any native mammal which is a marine

17 mammal within the meaning of section 3(5) of

18 the Marine Mammal Protection Act of 1972 (16

19 U.S.C. 1362(5));

20 (ii) any native mammal, native bird, native

21 plant, or native invertebrate which is an endan22 gered species or threatened species under the

23 Endangered Species Act of 1973 (16 U.S.C.

24 1531 et seq.);
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1 (iii) any native bird which is protected

2 under the Migratory Bird Treaty Act (16

3 U.S.C. 701 et seq.);

4 the Director shall submit a copy of the application to the

5 Secretary or to the Secretary of the Interior, as appro6 priate (hereinafter in this subsection referred to as the

7 ‘‘appropriate Secretary’’).

8 (B) After receiving a copy of any application

9 from the Director under subparagraph (A) of this

10 paragraph the appropriate Secretary shall promptly

11 determine, and notify the Director, whether or not

12 any action proposed in the application also requires

13 a permit or other authorization under any law ad14 ministered by the appropriate Secretary.

15 (C) If the appropriate Secretary notifies the Di16 rector that any action proposed in the application re17 quires a permit or other authorization under any law

18 administered by the appropriate Secretary, the Di19 rector may not issue a permit under this section

20 with respect to such action unless such other re21 quired permit or authorization is issued by the ap22 propriate Secretary and a copy thereof is submitted

23 to the Director. The issuance of any permit or other

24 authorization by the appropriate Secretary for the

25 carrying out of any action with respect to any native
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1 mammal, native bird, native invertebrate, or native

2 plant shall not be deemed to entitle the applicant

3 concerned to the issuance by the Director of a per4 mit under this section.

5 (2)(A) If the Director receives an application

6 for a permit under this section requesting authority

7 to undertake an action described in section 4(b)(1),

8 the Director shall submit a copy of the application

9 to the Administrator, and the Director and Adminis10 trator shall promptly consult on the application.

11 (B) The Director shall not issue, or deny the is12 suance of, a permit under this section with respect

13 to an action described in section 4(b)(1) before con14 sulting with the Administrator.

15 (3)(A) If the Director receives an application

16 for a permit under this section requesting authority

17 to undertake an action described in section 4(b)(4)

18 in connection with unavoidable consequences of the

19 construction or operation of scientific support facili20 ties, the Director shall submit a copy of the applica21 tion to the Secretary, and the Director and the Sec22 retary shall promptly consult on the application.

23 (B) The Director shall not issue, or deny the is24 suance of, a permit under this section with respect

25 to such an action without the written concurrence of
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1 the Secretary. The Secretary shall inform the Direc2 tor of such concurrence or denial thereof within sixty

3 days (unless the Secretary and Director agree other4 wise) after receiving a copy of the application under

5 paragraph (3)(A) of this subsection.

6 (4) The Director shall provide the Adminis7 trator with a copy of any permit application received

8 for an activity which may be subject to regulations

9 promulgated under section 7(c). The Director shall

10 not issue such a permit without written notice from

11 the Administrator that the applicable requirements

12 of such regulations have been met. The Adminis13 trator shall provide the Director with written notice

14 as to whether such requirements have been met

15 within sixty days after receiving a copy of the appli16 cation.

17 (d) ISSUANCE OF PERMITS.—As soon as practicable

18 after receiving any application for a permit under this sec19 tion, or, in the case of any application to which subsection

20 (c) of this section applies, as soon as practicable after the

21 applicable requirements of such subsection are complied

22 with, the Director shall issue, or deny the issuance of, the

23 permit. Within ten days after the date of the issuance or

24 denial of a permit under this subsection, the Director shall

25 publish notice of the issuance or denial in the Federal Reg-
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1 ister, including a description of any terms and conditions

2 of the permit.

3 (e) MODIFICATION, SUSPENSION, AND REVOCA4 TION.—

5 (1) The Director may modify, suspend, or re6 voke, in whole or part, any permit issued under this

7 section—

8 (A) if there is any change in conditions

9 which makes the permit inconsistent with the

10 provisions of this Act or the Protocol;

11 (B) in any case in which there has been

12 any violation of this Act, including a violation

13 of any regulation promulgated under this Act,

14 or of any term or condition of the permit; or

15 (C) in order to make the permit consistent

16 with any change made, after the date of issu17 ance of the permit, to any regulation promul18 gated under section 6.

19 (2) If consultation with the Administrator was

20 required before issuance of the permit, under sub21 section (c)(2) of this section, then the Director shall

22 not modify the permit before consulting with the Ad23 ministrator with respect to the modification.

24 (3) If the concurrence of the Secretary was re25 quired before issuance of the permit, under sub-
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1 section (c)(3) of this section, then the Director shall

2 not modify the permit without receiving the concur3 rence of the Secretary with respect to the modifica4 tion.

5 (4) The Director shall publish notice of the

6 modification, suspension, or revocation of any permit

7 in the Federal Register within ten days after the

8 date of the decision, including the reasons for the

9 decision.

10 (5) Any permit modification, suspension, or rev11 ocation under paragraph (1)(B) of this subsection

12 shall be undertaken pursuant to the provisions of

13 section 15.

14 (f) PERMIT FEES.—The Director may establish and

15 charge fees for processing applications for permits under

16 this section. The amount of the fees shall be commensu17 rate with the administrative costs incurred by the Director

18 in processing the application. Fees received will be cred19 ited to the appropriation or appropriations designated by

20 the Director.

21 (g) TERMS AND CONDITIONS OF PERMITS.—

22 (1) Each permit issued under this section shall

23 specify—

24 (A) the period during which the permit is

25 valid; and
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1 (B) any other terms and conditions the Di2 rector considers necessary and appropriate to

3 ensure that any action authorized under the

4 permit is carried out in a manner consistent

5 with this Act and the regulations promulgated

6 under the Act, including appropriate record7 keeping, reporting, and compliance monitoring

8 requirements, and other terms and conditions

9 relating to inspection of documents and records.

10 (2) A permit which authorizes the disposal of

11 any waste in Antarctica shall—

12 (A) be issued only if the Director deter13 mines, after consultation with the Adminis14 trator and based on all relevant information,

15 that such disposal will not pose a substantial

16 hazard to human health or the Antarctic envi17 ronment;

18 (B) specify the amount of waste which

19 may be disposed of in Antarctica, how the

20 waste shall be managed prior to disposal, and

21 the conditions for the disposal;

22 (C) authorize the disposal of sewage or do23 mestic liquid wastes from land directly into the

24 sea only if the Director has taken fully into ac-
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1 count the provisions of Article 3 of, and Annex

2 III to, the Protocol, and provided that:

3 (i) the Director has determined that

4 such disposal occurs, if practicable, where

5 conditions exist for initial dilution and

6 rapid dispersal; and

7 (ii) if generated in large quantities,

8 such waste shall be treated by maceration

9 or a treatment that the Director has deter10 mined provides greater environmental pro11 tection than does maceration;

12 (D) authorize the disposal of the by-prod13 uct of sewage treatment by the rotary biological

14 contractor process or similar processes from

15 land into the sea, provided that the Director

16 has determined that such disposal does not ad17 versely affect the local environment;

18 (E) authorize the disposal of waste

19 through incineration only if the Director has

20 determined that the incineration will meet the

21 standards established by regulation under sec22 tion 6; and

23 (F) not authorize any disposal of prohib24 ited waste in Antarctica.
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1 All determinations by the Director under this para2 graph shall be made in consultation with the Admin3 istrator.

4 (3) A permit which authorizes a taking or a

5 harmful interference within Antarctica—

6 (A) may be issued only for the purpose of

7 providing—

8 (i) specimens for scientific study or

9 scientific information;

10 (ii) specimens for museums, herbaria,

11 zoological or botanical gardens, or other

12 educational or cultural institutions or uses;

13 or

14 (iii) for consequences of scientific ac15 tivities, or of the construction and oper16 ation of scientific support facilities, which

17 the Director has determined are unavoid18 able; and

19 (B) shall require that, as determined by

20 the Director—

21 (i) no more native mammals, native

22 birds, or native plants are taken than are

23 strictly necessary to meet the purposes set

24 forth in subparagraph (A) of this para25 graph;
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1 (ii) only small numbers of native

2 mammals or native birds are killed, and in

3 no case more native mammals or native

4 birds are killed from local populations than

5 can, in combination with other permitted

6 takings, normally be replaced by natural

7 reproduction in the following season; and

8 (iii) the diversity of species, as well as

9 the habitats essential to their existence,

10 and the balance of the ecological systems

11 existing within Antarctica are maintained.

12 (C) shall specify—

13 (i) the number and species of native

14 mammals, native birds, native inverte15 brates, or native plants to which the per16 mit applies; and

17 (ii) the manner in which the taking or

18 harmful interference shall be conducted

19 (which manner, as determined by the Di20 rector, involves the least degree of pain

21 and suffering practicable), the period of

22 time within which it must be conducted,

23 the area in which it must be conducted,

24 and the person who will take the action.
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1 All determinations made by the Director under this

2 paragraph in connection with permits for which the

3 concurrence of the Secretary under subsection (c)(3)

4 of this section is required shall be made only with

5 the concurrence of the Secretary.

6 (4) A permit which authorizes a taking within

7 Antarctica of a member of a specially protected spe8 cies must meet the requirements contained in para9 graph (3) of this subsection, and in addition may be

10 issued only if the Director determines that—

11 (A) there is a compelling scientific purpose

12 for the taking;

13 (B) the taking will not jeopardize any ex14 isting natural ecological system or the survival

15 or recovery of the species or local population;

16 and

17 (C) the taking uses non-lethal techniques,

18 if appropriate.

19 All determinations made by the Director under this

20 paragraph in connection with permits for which the

21 concurrence of the Secretary under subsection (c)(3)

22 of this section is required shall be made only with

23 the concurrence of the Secretary.
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1 (5) A permit which authorizes the introduction

2 of a member of a non-native species into Antarc3 tica—

4 (A) may not be issued unless the non-na5 tive species is listed in Appendix B to Annex II

6 to the Protocol;

7 (B) shall specify the number, species, and,

8 if appropriate, age and sex of the animals or

9 plants to which the permit applies;

10 (C) shall specify the precautions to be

11 taken to prevent escape or contact with native

12 fauna and flora;

13 (D) shall require that any animals or

14 plants to which the permit applies, and any

15 progeny, shall, prior to expiration of the permit,

16 be removed from Antarctica or disposed of by

17 incineration or equally effective means that

18 eliminates risk to native fauna and flora;

19 (E) shall not permit the importation of

20 dogs or live poultry or other living birds; and

21 (F) shall require that precautions be taken

22 to prevent the release into the environment of

23 micro-organisms (e.g., viruses, bacteria, para24 sites, yeasts and fungi) not present in native

25 fauna and flora.
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1 (6) A permit which authorizes entry into and

2 engaging in activities within an Antarctic specially

3 protected area shall—

4 (A) if a management plan relating to the

5 area has been approved, be issued only—

6 (i) to enter and engage in activities

7 within the specially protected area which

8 the Director has determined are in accord9 ance with the requirements of the manage10 ment plan relating to that area; and

11 (ii) if accompanied by the relevant

12 sections of the management plan;

13 (B) if a management plan relating to the

14 area has not been approved, be issued only—

15 (i) if entry is necessary to accomplish

16 a compelling scientific purpose which the

17 Director has determined cannot be served

18 elsewhere; and

19 (ii) if the Director has determined

20 that the actions allowed under the permit

21 will not jeopardize the natural ecological

22 system existing in the area; and

23 (C) specify—

24 (i) the extent and location of the spe25 cially protected area;
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1 (ii) the activities authorized;

2 (iii) the period of time within which

3 the authorized activities must be con4 ducted, the area in which they must be

5 conducted, and the person who is author6 ized to conduct them; and

7 (iv) other conditions imposed by the

8 management plan, if any.

9 (7) No permit shall be required for the importa10 tion of food into Antarctic, except that—

11 (A) no live animals may be imported for

12 this purpose;

13 (B) all plants and animal parts shall be

14 kept under carefully controlled conditions and

15 disposed of in accordance with the provisions of

16 this Act; and

17 (C) before dressed poultry is packaged for

18 shipment to Antarctica, it shall be inspected for

19 evidence of disease, such as Newcastle’s disease,

20 tuberculosis, and yeast infection.

21 SEC. 6. REGULATIONS.

22 (a) IN GENERAL.—The Director, the Secretary, the

23 Administrator, the Secretary of the Department in which

24 the Coast Guard is operating, and the Secretary of State

25 shall promulgate, in accordance with this section, such
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1 regulations as are necessary and appropriate to implement

2 the provisions of this Act and the Protocol.

3 (b) REGULATIONS TO BE PROMULGATED BY THE

4 SECRETARY.—The Secretary shall promulgate such regu5 lations relating to Antarctic mineral resource activity as

6 the Secretary deems are necessary and appropriate to im7 plement the provisions of this Act and the Protocol.

8 (c) REGULATIONS TO BE PROMULGATED BY THE DI9 RECTOR.—The Director shall promulgate regulations

10 which—

11 (1) designate as native species—

12 (A) each species of the class Aves;

13 (B) each species of the class Mammalia;

14 (C) each species of plant; and

15 (D) each species of invertebrate;

16 which is indigenous to Antarctic or which occurs

17 there seasonably through natural migrations;

18 (2) specify those actions which must, and those

19 actions which must not, be taken within Antarctica

20 in order to protect, in accordance with the applicable

21 provisions of the Protocol, members of each native

22 species designated under subsection (c)(1) of this

23 section;
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1 (3) designate as a specially protected species

2 any species of native mammal, native bird, native in3 vertebrate, or native plant which is—

4 (A) listed in Appendix A to Annex II to

5 the Protocol; or

6 (B) approved by the United States for spe7 cial protection under the Protocol;

8 (4) designate as a non-native species that may

9 be introduced into Antarctica only those species list10 ed in Appendix B to Annex II to the Protocol;

11 (5) identify each area designated as a Antarctic

12 specially protected area or specially managed area

13 under the Protocol, and implement the provisions of

14 the management plan applicable to such area;

15 (6) identify each historic site and monument—

16 (A) listed under Article 8 of Annex V to

17 the Protocol; or

18 (B) approved by the United States for list19 ing as a historic site or monument;

20 (7) require that any person who organizes,

21 sponsors, operates, or promotes non-Governmental

22 expedition to Antartica, and who does business in

23 the United States, to notify all members of the expe24 dition of the environmental protection obligations of

25 this Act, and of actions which members must take,
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1 or not take, in order to comply with those obliga2 tions; and

3 (8) set forth the form, content, and manner of

4 filing, if applicable, of all notices, reports, declara5 tions, or other documentation which may be required

6 with respect to the carrying out of any act for which

7 a permit is required under this Act.

8 (d) RESIDUAL REGULATORY AUTHORITY OF THE DI9 RECTOR.—In addition to the specific authorities set forth

10 in subsection (c) if this section, the Director may promul11 gate such regulations relating to the conservation of Ant12 arctic fauna and flora or area protection in Antarctica as

13 the Director deems necessary and appropriate to imple14 ment the provisions of the Protocol, including but not lim15 ited to regulations which address a situation not covered

16 by the annexes to the Protocol or in which a more rigorous

17 or supplemental requirement is necessary.

18 (e) REGULATIONS TO BE PROMULGATED BY THE DI19 RECTOR WITH THE CONCURRENCE OF THE ADMINIS20 TRATOR.—The Director, with the concurrence of the Ad21 ministrator, shall promulgate regulations which—

22 (1) designate as prohibited products—

23 (A) polychlorinated biphenyls;

24 (B) non-sterile soil;
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1 (C) polystyrene beads or chips or similar

2 forms of packaging;

3 (D) pesticides (other than those required

4 for scientific, medical or hygiene purposes); and

5 (E) substances which the Parties to the

6 Protocol or Treaty agree should be banned from

7 use in Antarctica;

8 (2) designate as prohibited waste—

9 (A) radioactive materials;

10 (B) electrical batteries;

11 (C) liquid and solid fuel;

12 (D) wastes containing harmful levels of

13 heavy metals or acutely toxic or harmful per14 sistent compounds;

15 (E) polyvinyl chloride, polyurethane foam,

16 polystyrene foam, rubber and lubricating oils,

17 treated timbers and other products which con18 tain additives that could produce harmful emis19 sions if incinerated;

20 (F) all other plastic wastes, except low

21 density polyethylene containers (such as bags

22 for storing wastes), provided that the capacity

23 exists to incinerate such containers under para24 graph (5) of this subsection, in which case such

25 containers shall be incinerated;
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1 (G) fuel drums and other solid, non-com2 bustible wastes (provided that their removal

3 would not result in greater adverse environ4 mental impact than leaving them in their exist5 ing locations);

6 (H) unless incinerated, autoclaved, or oth7 erwise treated to be made sterile—

8 (i) residues of carcasses of imported

9 animals;

10 (ii) laboratory culture of micro-orga11 nisms and plant pathogens;

12 (iii) medical wastes; and

13 (iv) introduced avian products; and

14 (I) the solid residue of incineration;

15 (3) provide that—

16 (A) prohibited waste shall be removed from

17 Antarctica;

18 (B) sewage domestic liquid waste, and

19 other liquid waste (other than prohibited waste)

20 shall, to the maximum extent practicable, be re21 moved from Antarctica;

22 (C) waste at field camps shall be trans23 ported to supporting stations or vessels for dis24 posal in accordance with this Act; and
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1 (D) wastes removed from Antarctica shall

2 be disposed of in accordance with applicable do3 mestic and international law;

4 (4) provide that sewage, domestic liquid waste,

5 and other liquid waste (other than prohibited waste)

6 to the maximum extent practicable are not disposed

7 of onto sea ice, ice shelves, or the grounded ice8 sheet, provided that such wastes which are generated

9 by stations located inland on ice shelves or on the

10 ground ice-sheet may be disposed of in deep ice pits

11 if such disposal is the only practicable option, as

12 long as such pits are not located on known ice-flow

13 lines which terminate at ice-free land areas or in

14 areas of high ablation;

15 (5) If the Director determines, in consultation

16 with the Administrator, through sound waste man17 agement planning, to allow incineration as a means

18 of waste disposal, provide standards for incineration

19 which—

20 (A) to the maximum extent practicable, re21 duce harmful emissions;

22 (B) take fully into account the provisions

23 of Article 3 of the Protocol;

24 (C) are based on the criteria contained in

25 sections 129(a)(2), 129(a)(4), and 129(c) of the
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1 Clean Air Act (42 USC 7429(a)(2), (a)(4), and

2 (c)), taking into account the unique cir3 cumstances of Antarctic logistics, operations,

4 and the Antarctic environment; and

5 (D) take into account any emission stand6 ards and equipment guidelines which may be

7 recommended by the Committee for Environ8 mental Protection and the Scientific Committee

9 on Antarctic Research.

10 If it has been determined to use incineration as a

11 means of waste disposal, the Director, in consulta12 tion with the Administrator, shall review such deter13 mination not later than five years after the initial

14 promulgation of any incineration standards, and at

15 five-year intervals thereafter. Such review shall take

16 into account technological advances in waste disposal

17 and removal, new information concerning effects on

18 human health and the environment, and the state of

19 the Antarctic environment;

20 (6) provide that all wastes to be removed from

21 Antarctica, or disposed of in Antarctica, shall be

22 stored in such a way as to prevent their release into

23 the environment;

24 (7) provide, with respect to the United States

25 Antarctic Program and any other United States
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1 Government program in Antarctica, in accordance

2 with Articles 8, 9, and 10 of Annex III to the Proto3 col, for—

4 (A) the establishment of a waste disposal

5 classification system;

6 (B) the preparation, and annual review

7 and update, of waste management plans, taking

8 into account Article 1(3) of Annex III to the

9 Protocol; and

10 (C) other waste management activities of

11 such programs; and

12 (8) provide that past and present waste disposal

13 sites on land and abandoned work sites of Antarctic

14 activities shall be cleaned up by the generator of

15 such wastes and the user of such sites, provided

16 that—

17 (A) such regulations shall not require the

18 removal of any structure designated as a his19 toric site or monument, or the removal of any

20 structure or waste material in circumstances

21 where the removal by any practical option

22 would result in greater adverse environmental

23 impact than leaving the structure or waste ma24 terial in its existing location; and
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1 (B) such regulations shall take into ac2 count considerations of practicality, and of the

3 safety of human life.

4 (f) RESIDUAL REGULATORY AUTHORITY OF THE DI5 RECTOR WITH THE CONCURRENCE OF THE ADMINIS6 TRATOR.—In addition to the specific authorities set forth

7 in subsection (e) of this section, the Director, with the con8 currence of the Administrator, may—

9 (1) promulgate such regulations relating to

10 waste disposal and waste management in Antarctica

11 as the Director deems necessary and appropriate to

12 implement the provisions of the Protocol, including

13 but not limited to regulations which address a situa14 tion not covered by the annexes to the Protocol or

15 in which a more rigorous or supplemental require16 ment is necessary; and

17 (2) designate additional items as prohibited

18 products or prohibited waste under subsection (e)(1)

19 and (e)(2) of this section, when the Director deter20 mines that such designation is necessary and appro21 priate to protect human health or the Antarctic envi22 ronment.

23 (g) REGULATIONS TO BE PROMULGATED BY THE

24 SECRETARY OF STATE.—The Secretary of State shall pro25 mulgate such regulations as are necessary and appropriate
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1 to implement, with respect to any person, paragraph 5 of

2 Article VII of the Treaty, pertaining to the filing of ad3 vance notifications of expeditions to and within Antarctica,

4 including a requirement for such person to describe how

5 he or she plans to comply with any regulations promul6 gated under subsection (h) of this section.

7 (h) REGULATIONS WITH RESPECT TO CONTINGENCY

8 PLANNING AND RESPONSE ACTION.—

9 (1) The Secretary of the Department in which

10 the Coast Guard is operating, in addition to the reg11 ulations specified in section 9, shall promulgate with

12 the concurrence of the Director, such regulations as

13 are necessary and appropriate to implement the pro14 visions of Article 15 of the Protocol with respect to

15 vessels.

16 (2) The Director shall promulgate such regula17 tions as are necessary and appropriate to implement

18 the provisions of Article 15 of the Protocol with re19 spect to land areas and ice shelves in Antarctica.

20 (i) RESIDUAL REGULATORY AUTHORITY OF THE

21 SECRETARY OF THE DEPARTMENT IN WHICH THE COAST

22 GUARD IS OPERATING.—In addition to the specific au23 thority set forth in subsection (h) of this section and in

24 section 9, the Secretary of the Department in which the

25 Coast Guard is operating may promulgate such regula-
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1 tions relating to marine pollution in Antarctica as the Sec2 retary of said Department deems necessary and appro3 priate to implement the provisions of the Protocol, includ4 ing but not limited to regulations which address a situa5 tion not covered by the annexes to the Protocol or in which

6 a more rigorous or supplemental requirement is necessary.

7 (j) TIME PERIOD FOR REGULATIONS.—The regula8 tions to be promulgated under subsections (c) and (g) of

9 this section shall be promulgated within twenty-four

10 months after the date of enactment of this Act. The regu11 lations to be promulgated under subsection (e) of this sec12 tion shall be promulgated within thirty-six months after

13 the date of enactment of this Act.

14 SEC. 7. ENVIRONMENTAL IMPACT ASSESSMENT

15 (a) FEDERAL ACTIVITIES.—

16 (1)(A) It is the intent of Congress to implement

17 United States obligations under Article 8 of and

18 Annex I to the Protocol by applying the National

19 Environmental Policy Act (42 U.S.C. 4321 et seq.)

20 to proposals for Federal agency activities in Antarc21 tica, as specified in this section.

22 (B) The obligations contained in section

23 102(2)(C) of the National Environmental Policy Act

24 (42 U.S.C. 4332(2)(C)) shall apply to proposals for

25 Federal agency activities occurring in Antarctica and
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1 affecting the quality of the human environment in

2 Antarctica or dependent or associated ecosystems, as

3 specified in this section.

4 (2)(A) Unless an agency which proposes to con5 duct a federal activity in Antarctica determines that

6 the activity will have less than a minor or transitory

7 impact, or unless a comprehensive environment eval8 uation is being prepared in accordance with para9 graph (2)(C) of this subsection, the agency shall pre10 pare an initial environmental evaluation, in accord11 ance with Article 2 of Annex I to the Protocol.

12 (B) If the agency determines, through the prep13 aration of the initial environmental evaluation, that

14 the proposed federal activity is likely to have a

15 minor or transitory impact, the activity may proceed

16 if appropriate procedures are put in place to assess

17 and verify the impact of the activity.

18 (C) If the agency determines, through the prep19 aration of the initial environmental evaluation or

20 otherwise, that a proposed Federal activity is likely

21 to have more than a minor or transitory impact, the

22 agency shall prepare a comprehensive environmental

23 evaluation in accordance with Article 3 of Annex I

24 to the Protocol, and shall make such comprehensive
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1 environmental evaluation publicly available for com2 ment.

3 (3) Any agency decision under this section on

4 whether a proposed Federal activity, to which para5 graph (2)(C) of this subsection applies, should pro6 ceed, and, if so, whether in its original or in a modi7 fied form, shall be based on the comprehensive envi8 ronmental evaluation as well as other considerations

9 which the agency, in the exercise of its discretion,

10 deems relevant.

11 (4) For the purposes of this section:

12 (A) the term ‘‘Federal activity’’ includes,

13 but is not limited to, activities conducted under

14 a Federal agency research program in Antarc15 tica, whether or not conducted by a Federal

16 agency; and

17 (B) activities that may have a ‘‘signifi18 cant’’ impact, within the meaning of section

19 102(2)(C) of the National Environmental Policy

20 Act (42 U.S.C. 4332(2)(C)), are deemed to fall

21 within the category of activities that are likely

22 to have ‘‘more than a minor or transitory im23 pact’’.

24 (b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY

25 WITH FOREIGN GOVERNMENTS.—
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1 (1) For the purposes of this subsection, ‘‘Ant2 arctic joint activity’’ means any Federal activity in

3 Antarctica which is proposed to be conducted, or

4 which is conducted, jointly or in cooperation with

5 one or more foreign governments, as defined in regu6 lations promulgated by such agencies as the Presi7 dent may designate.

8 (2) Where the Secretary of State, in coopera9 tion with the lead United States agency planning an

10 Antarctic joint activity and with the other govern11 ment or governments involved, determines that a

12 government other than the United States, which has

13 signed or acceded to the Protocol, is coordinating

14 the implementation of environmental impact assess15 ment procedures for that activity, the requirements

16 of subsection (a) of this section shall not apply in re17 spect of that activity.

18 (3) Determinations under paragraph (2) of this

19 subsection, and agency actions and decisions in con20 nection with assessments of impacts of Antarctic

21 joint activities, shall not be subject to judicial re22 view.

23 (c) NONGOVERNMENTAL ACTIVITIES.—
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1 (1) The Administrator shall, within twenty-four

2 months after the date of enactment of this Act, pro3 mulgate regulations to provide for—

4 (A) the environmental impact assessment

5 of nongovernmental activities, including tour6 ism, for which the United States is required to

7 give advance notice under paragraph 5 of Arti8 cle VII of the Treaty; and

9 (B) coordination of the review of informa10 tion regarding environmental impact assessment

11 received from other Parties under the Protocol.

12 (2) Such regulations shall be consistent with

13 the provisions of Annex I to the Protocol.

14 (d) DECISION TO PROCEED.—

15 (1) No decision shall be taken to proceed with

16 an activity for which a comprehensive environmental

17 evaluation is prepared under this section unless

18 there has been an opportunity for consideration of

19 the draft comprehensive environmental evaluation at

20 an Antarctic Treaty Consultative Meeting, provided

21 that no decision to proceed with a proposed activity

22 shall be delayed through the operation of this sub23 section for more than fifteen months from the date

24 of circulation of the draft comprehensive environ25 mental evaluation.
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1 (2) The Secretary of State shall circulate the

2 final comprehensive environmental evaluation, in ac3 cordance with Article 3(6) of Annex I to the Proto4 col, at least sixty days before the commencement of

5 the activity in Antarctica.

6 (e) CASES OF EMERGENCY.—The requirements set

7 out in this section, and in regulations promulgated under

8 it, shall not apply in cases of emergency relating to the

9 safety of human life or of ships, aircraft, or equipment

10 and facilities of high value, or the protection of the envi11 ronment, which require an activity to be undertaken with12 out fulfilling these requirements.

13 (f) JUDICIAL REVIEW.—Agency compliance with sub14 section (a) of this section shall be reviewable under sec15 tions 701 and the following of title 5, subject to the provi16 sions of subsection (b)(3) of this section.

17 (g) REPORTING.—The Secretary of State and the Ad18 ministrator shall report annually to the Congress regard19 ing implementation of this section. Their reports shall in20 clude information provided under Article 6 of Annex I to

21 the Protocol, copies of all comprehensive environmental

22 evaluations circulated and all public comments received,

23 as well as descriptions of any Antarctic joint activities and

24 the environmental impact documentation associated there25 with.
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1 (h) EXCLUSIVE MECHANISM.—Notwithstanding any

2 other provision of law, the requirements of the National

3 Environmental Policy Act as specified in this section shall

4 constitute the sole and exclusive statutory obligations of

5 the Federal agencies with regard to assessing the environ6 mental impacts of proposed Federal activities occurring in

7 Antarctica.

8 (i) DECISIONS ON PERMIT APPLICATIONS.—The pro9 visions of this section requiring environmental impact as10 sessments (including initial environmental evaluations and

11 comprehensive environmental evaluations) shall not apply

12 to permitting decisions under section 5.

13 SEC. 8. MONITORING.

14 The Director, in consultation with the Administrator,

15 shall promulgate such regulations as are necessary and ap16 propriate, in accordance with Article 8 of and Annex I

17 to the Protocol, to provide for procedures to assess and

18 verify the impact over time of any activity that proceeds

19 following the completion of a comprehensive environmental

20 evaluation and, as appropriate, the impact over time of

21 activities that proceed after a determination that they are

22 likely to have no more than a minor or transitory impact.
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1 SEC. 9. MARINE POLLUTION—AMENDMENTS TO THE ACT

2 TO PREVENT POLLUTION FROM SHIPS, 33

3 U.S.C. 1901 AND THE FOLLOWING.

4 (a) REFERENCES.—All references in this section to

5 amendment or repeal mean amendment or repeal of a sec6 tion, subsection, or provision of the Act to Prevent Pollu7 tion from Ships (33 U.S.C. 1901 et seq.).

8 (b) DEFINITIONS.—Subsection (a) of section 1901 of

9 title 33 is amended—

10 (1) in paragraph (8) by striking ‘‘and’’ after

11 the semicolon;

12 (2) in paragraph (9) by striking the period and

13 inserting ‘‘; and’’; and

14 (3) by adding at the end the following new

15 paragraphs:

16 ‘‘(10) ‘Antarctica’ means the area south of sixty

17 degrees south latitude; and

18 ‘‘(11) ‘Antarctic Protocol’ means the Protocol

19 on Environmental Protection to the Antarctic Trea20 ty, signed October 4, 1991, in Madrid, and all an21 nexes thereto, and includes any future amendments

22 thereto which have entered into force.’’

23 (c) APPLICATION OF ANNEX IV OF THE PROTOCOL

24 ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC

25 TREATY.—Section 1901 of title 33 is further amended by

26 adding a new subsection (c) as follows:
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1 ‘‘(c) For the purposes of this chapter, the require2 ments of Annex IV of the Antarctic Protocol shall apply

3 in Antarctica to all vessels over which the United States

4 has jurisdiction, except for vessels listed in 33 U.S.C.

5 1902(b).’’

6 (d) ADMINISTRATION.—Subsection (a) of section

7 1903 of title 33 is amended by inserting in the first sen8 tence ‘‘, Annex IV to the Antarctic Protocol’’ after ‘‘the

9 MARPOL Protocol’’.

10 (e) REGULATIONS.—Subsection (b)(1) of section

11 1903 of title 33 is amended by inserting ‘‘, Annex IV to

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

13 (f) VIOLATIONS.—

14 (1) Subsection (a) of section 1907 of title 33 is

15 amended by inserting in the first sentence ‘‘, Annex

16 IV to the Antarctic Protocol’’ after ‘‘the MARPOL

17 Protocol’’.

18 (2) Subsection (b) of section 1907 of title 33 is

19 amended by striking the fourth and fifth sentences

20 and replacing them with the following: ‘‘With respect

21 to the MARPOL Protocol, upon completion of the

22 investigation, the Secretary shall take the action re23 quired by the MARPOL Protocol and whatever fur24 ther actions he or she considers appropriate under

25 the circumstances. If the initial evidence was pro-
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1 vided by a party to the MARPOL Protocol, the Sec2 retary, acting through the Secretary of State, shall

3 inform that party of the action taken or proposed.

4 With respect to Annex IV to the Antarctic Protocol,

5 upon completion of the investigation, the Secretary

6 shall take any actions required by the Antarctic Pro7 tocol and whatever further actions he or she consid8 ers appropriate under the circumstances.’’

9 (g) PENALTIES.—Section 1908 of title 33 is amend10 ed—

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

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

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

15 the Antarctic Protocol,’’ after ‘‘the MARPOL Proto16 col,’’ in both paragraphs (1) and (2);

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

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

20 SEC. 10. REPRESENTATIVE TO THE COMMITTEE FOR ENVI21 RONMENTAL PROTECTION.

22 (a) The Secretary of State with the concurrence of

23 the Administrator, the Director and the Secretary, shall

24 designate an officer or employee of the United States to
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1 be the United States representative to the Committee for

2 Environmental Protection.

3 (b) The officer or employee designated shall have the

4 technical qualifications necessary to serve in this capacity.

5 (c) The United States representative shall receive no

6 additional compensation by reason of service as such rep7 resentative.

8 SEC. 11. OVERSIGHT.

9 (a) REPORT AND ON-SITE INSPECTIONS.—

10 (1) The Secretary of State in conjunction with

11 the Administrator and the Secretary, shall, at appro12 priate intervals of between two and five years, con13 duct an inspection of the United States Antarctic

14 Program, including on-site inspections of stations,

15 field camps, and operations, and review of any other

16 relevant information, including information received

17 from the Director, with a view to examining the

18 overall compliance of the United States Antarctic

19 Program with this Act and the Protocol.

20 (2) The inspection of the United States Ant21 arctic Program shall be conducted by a team des22 ignated by the Secretary of State, the Administrator,

23 and the Secretary. The team shall comprise no more

24 members than are necessary and appropriate to

25 carry out its mandate, and shall include technically
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1 qualified experts, both governmental and non-gov2 ernmental.

3 (3) The National Science Foundation shall pro4 vide all transportation and logistical support nec5 essary to allow the team to conduct the on-site in6 spections in Antarctica, and shall cooperate to the

7 fullest extent possible in meeting requests for docu8 ments, other information, and assistance necessary

9 for the inspection team to carry out its work. The

10 costs of transportation to and from Antarctica shall

11 be borne by the Department of State, the Environ12 mental Protection Agency, and the Department of

13 Commerce.

14 (4) The inspection team shall prepare a draft

15 report which documents its findings on the compli16 ance of the United States Antarctic Program with

17 the provisions of this Act and the Protocol, shall

18 specify any examples of failures of compliance, and

19 shall make recommendations. The inspection team

20 shall provide the draft report to the Director for re21 view and comment for a period not to exceed one

22 hundred and twenty days.

23 (b) PUBLICATION.—The final report of the inspection

24 team, including any comments by the Director, shall
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1 promptly be made public. The Director shall publish notice

2 of the report and the response in the Federal Register.

3 SEC. 12. STUDY OF ANTARCTIC TOURISM.

4 The Department of State shall coordinate an inter5 agency study of tourism in Antarctica (including rec6 ommendations where appropriate) to determine whether

7 or not additional measures should be taken with respect

8 to Antarctic tourist activities. This study shall be com9 pleted within twenty-four months after the date of enact10 ment of this Act.

11 SEC. 13. RULEMAKING AND PETITION FOR REGULATIONS.

12 (a) RULEMAKING.—Promulgation of regulations

13 under this Act shall be in accordance with section 553 of

14 title 5.

15 (b) PETITION FOR REGULATIONS.—Any person may

16 petition the implementing agency for the promulgation,

17 amendment, or repeal of any regulation under this Act

18 within its authority. Within one hundred and eighty days

19 of receipt of such a petition, the implementing agency shall

20 grant or deny the petition. If the petition is denied, the

21 implementing agency shall provide notice of such denial

22 and the reasons therefor. If the petition is granted, the

23 final regulations shall be promulgated within twenty-four

24 months of the granting of the petition.
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1 SEC. 14. JUDICIAL REVIEW AND CITIZEN SUITS.

2 (a) JUDICIAL REVIEW.—Any judicial review of final

3 regulations promulgated under this Act, of the denial of

4 any petition for the promulgation, amendment, or repeal

5 of any regulation under this Act, or of any final agency

6 action on any permit under section 5 shall be in accord7 ance with sections 701 through 706 of title 5, except

8 that—

9 (1) any petition for such review may be filed

10 only in the United States Court of Appeals for the

11 District of Columbia;

12 (2) such petition shall be filed within thirty

13 days from the date of notice of final agency action;

14 (3) action with respect to which review could

15 have been obtained under this section shall not be

16 subject to judicial review in any civil or criminal pro17 ceeding for enforcement;

18 (4) only an objection which was raised with rea19 sonable specificity during the period for public com20 ment may be raised during judicial review; and

21 (5) the filing of a petition for reconsideration

22 shall not postpone the effectiveness of any regula23 tion.

24 (b) CITIZENS’ SUITS.—
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1 (1) Except as provided in paragraph (2) of this

2 subsection, any person may commence a civil action

3 under this subsection on his or her own behalf—

4 (A) against any person (including (i) the

5 United States, and (ii) any other governmental

6 instrumentality or agency to the extent per7 mitted by the Eleventh Amendment to the Con8 stitution) who is alleged to have violated any

9 permit, regulation, or prohibition which has be10 come effective under this Act: Provided, That

11 no such action may be brought against any in12 dividual, grantee, or grantee institution based

13 on an alleged violation committed while the in14 dividual, grantee, or grantee institution was en15 gaged in scientific research in Antarctica in

16 connection with a Federal agency program of

17 research in Antarctica; and

18 (B) against the implementing agency

19 where there is alleged a failure of the imple20 menting agency to perform any action which,

21 under section 6(j), section 7(c)(1), or section

22 13(b) is not discretionary with the implement23 ing agency.

24 The United States District Court for the District of

25 Columbia shall have jurisdiction, without regard to
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1 the amount in controversy or the citizenship of the

2 parties, to enforce such a permit, regulation, or pro3 hibition, or to order the implementing agency to per4 form such act or duty, as the case may be, and, with

5 respect to actions under subparagraph (A) of this

6 paragraph, shall have jurisdiction to impose appro7 priate civil penalties not to exceed $50,000 per day

8 for each violation, taking into account the factors in

9 section 16(b). The United States District Court for

10 the District of Columbia shall have jurisdiction to

11 compel (consistent with subparagraph (B) of this

12 paragraph) agency action unreasonably delayed. In

13 any such action for unreasonable delay, notice to the

14 implementing agency shall be provided one hundred

15 and eighty days before commencing such action.

16 (2) No action may be commenced—

17 (A) under paragraph (1)(A) of this sub18 section—

19 (i) prior to sixty days after the plain20 tiff has given notice of the alleged violation

21 to the implementing agency and to any al22 leged violator of the permit, regulation, or

23 prohibition; or
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1 (ii) if the implementing agency has

2 commenced and is diligently prosecuting

3 an enforcement action; or

4 (B) under paragraph (1)(B) of this sub5 section, prior to sixty days after the plaintiff

6 has given notice of such action to the imple7 menting agency.

8 Notice under this paragraph shall be given in such

9 manner as the implementing agency shall prescribe

10 by regulation.

11 (3) Any person may request the implementing

12 agency to commence an action against any individ13 ual, grantee, or grantee institution who is alleged to

14 have violated any permit, regulation, or prohibition

15 which has become effective under this Act, while the

16 individual, grantee, or grantee institution was en17 gaged in scientific research in Antarctica in connec18 tion with a Federal agency program of research in

19 Antarctica. A copy of such request shall be given to

20 the alleged violator. Within sixty days after such re21 quest is made to the implementing agency, the im22 plementing agency shall either—

23 (A) commence an action against the al24 leged violator; or
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1 (B) provide to the person making the re2 quest a written response that (i) states the im3 plementing agency’s decision not to take en4 forcement action against the alleged violator

5 and (ii) describes any other action the imple6 menting agency has taken or intends to take in

7 connection with the alleged violation.

8 The response of the implementing agency under

9 paragraph (3)(B) of this subsection shall not be sub10 ject to judicial review.

11 (4) In any action under this subsection, the im12 plementing agency, if not a party, may intervene as

13 a matter of right at any time in the proceeding. A

14 judgment in an action under this subsection to

15 which the United States is not a party shall not,

16 however, have any binding effect upon the United

17 States.

18 (5) Whenever any action is brought under this

19 subsection, the plaintiff shall serve a copy of the

20 complaint on the Attorney General of the United

21 States and on the implementing agency. No consent

22 judgment shall be entered in an action brought

23 under this subsection in which the United States is

24 not a party prior to forty-five days following the re25 ceipt of a copy of the proposed consent judgment by
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1 the Attorney General and the implementing agency

2 during which time the Government may submit its

3 comments on the proposed consent judgment to the

4 court and parties or may intervene as a matter of

5 right.

6 (6) Nothing in this subsection shall restrict any

7 right which any person or class of person may have

8 under any statute or common law to seek enforce9 ment of any permit, regulation, or prohibition, or to

10 seek any other relief.

11 (c) COSTS OF LITIGATION.—In any judicial proceed12 ing under this section, the court may award costs of litiga13 tion (including reasonable attorney and expert witness

14 fees) to any prevailing or substantially prevailing party

15 whenever the court determines that such award is appro16 priate. The court may, if a temporary restraining order

17 or preliminary injunction is sought, require the filing of

18 a bond or equivalent security in accordance with the Fed19 eral Rules of Civil Procedure.

20 (d) FEDERAL COMPLIANCE AND WAIVER OF SOV21 EREIGN IMMUNITY.—

22 (1) Each department, agency, and instrumen23 tality of the executive, legislative, and judicial

24 branches of the Federal Government (i) having juris25 diction over any facility or site in Antarctica, or (ii)
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1 engaged in any activity pursuant to the Protocol,

2 this Act or any regulation promulgated or permit is3 sued hereunder, shall be subject to, and comply with,

4 all Federal requirements, both substantive and pro5 cedural (including any requirement for permits or

6 reporting or any provisions for injunctive relief and

7 such sanctions as may be imposed by a court to en8 force such relief), respecting compliance with this

9 Act and any regulation promulgated or permit is10 sued hereunder, in the same manner and to the

11 same extent, as any person is subject to such re12 quirements, including the payment of reasonable

13 service charges. The Federal substantive and proce14 dural requirements referred to in this paragraph in15 clude, but are not limited to, all administrative or16 ders and all civil and administrative penalties and

17 fines, regardless of whether such penalties or fines

18 are punitive or coercive in nature or are imposed for

19 isolated, intermittent, or continuing violations. The

20 United States hereby expressly waives any immunity

21 otherwise applicable to the United States with re22 spect to any such substantive or procedural require23 ment (including, but not limited to, any injunctive

24 relief, administrative order or civil or administrative

25 penalty or fine referred to in the preceding sentence,
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1 or reasonable service charge). The reasonable service

2 charges referred to in this paragraph include, but

3 are not limited to, fees or charges assessed in con4 nection with the processing and issuance of permits,

5 renewal of permits, amendments to permits, review

6 of plans, studies, and other documents, and inspec7 tion and monitoring of facilities.

8 (2) Neither the United States, nor any agent,

9 employee, or officer thereof, shall be immune or ex10 empt from any process or sanction of any Federal

11 court with respect to the enforcement of any such

12 injunctive relief. No agent, employee, or officer of

13 the United States shall be personally liable for any

14 civil penalty under any section of this Act with re15 spect to any act or omission within the scope of the

16 official duties of the agent, employee, or officer. An

17 agent, employee, or officer of the United States shall

18 be subject to any criminal sanction (including, but

19 not limited to, any fine or imprisonment) under any

20 Federal law, but no department, agency, or instru21 mentality of the Federal Government shall be sub22 ject to any such sanction. The President may ex23 empt any Antarctic facility or activity of any depart24 ment, agency, or instrumentality in the executive

25 branch from compliance with such a requirement if
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1 he determines it to be in the paramount interest of

2 the United States to do so. No such exemption shall

3 be granted due to lack of appropriation unless the

4 President shall have specifically requested such ap5 propriation as a part of the budgetary process and

6 the Congress shall have failed to make available such

7 requested appropriation. Any exemption shall be for

8 a period not in excess of one year, but additional ex9 emptions may be granted for periods not to exceed

10 one year upon the President’s making a new deter11 mination. The President shall report each January

12 to the Congress all exemptions from the require13 ments of this section granted during the preceding

14 calendar year, together with his or her reason for

15 granting each such exemption.

16 SEC. 15. ADMINISTRATIVE ENFORCEMENT.

17 (a) ADMINISTRATIVE COMPLIANCE ORDERS.—

18 (1) Whenever, on the basis of any information,

19 the implementing agency determines that any person

20 has violated or is in violation of any requirement of

21 this Act, or any permit issued or regulation promul22 gated under this Act, such agency may, after notice

23 and opportunity for a hearing in accordance with

24 subsection (c) of this section, issue an order requir-
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1 ing compliance immediately or within a specified

2 time period, or both.

3 (2) Upon the failure of any person against

4 whom a compliance order is issued to take corrective

5 action within the time specified in the order, and

6 after notice and an opportunity for a hearing in ac7 cordance with subsection (c) of this section, the im8 plementing agency may request the Attorney Gen9 eral to institute a civil action in either the United

10 States District Court for the District of Columbia or

11 for any district in which such person is found, re12 sides or transacts business to enforce such order.

13 (b) ASSESSMENT OF PENALTIES.—

14 (1) Any person who is found by the implement15 ing agency, after notice and opportunity for a hear16 ing in accordance with subsection (c) of this section,

17 to have committed any act prohibited by section 4

18 shall be liable to the United States for a civil pen19 alty. The amount of the civil penalty shall not exceed

20 $50,000 for each violation. Each day of a continuing

21 violation shall constitute a separate offense. The

22 amount of such civil penalty shall be assessed by

23 written notice. In determining the amount of such

24 penalty, the implementing agency shall take into ac25 count the nature, circumstances, extent, and gravity
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1 of the prohibited acts committed, and, with respect

2 to the violator, the degree of culpability, any history

3 of prior offenses, any economic benefit derived from

4 the violation, and such other matters as justice may

5 require, to the extent such information is reasonably

6 available to the implementing agency.

7 (2) The implementing agency may compromise,

8 modify, or remit, with or without conditions, any

9 civil penalty which is subject to imposition or which

10 has been imposed under this section.

11 (c) HEARINGS.—Hearings for administrative actions

12 under this section shall be conducted in accordance with

13 section 554 of title 5. For the purposes of conducting any

14 such hearing, the implementing agency may issue subpoe15 nas for the attendance and testimony of witnesses and the

16 production of relevant papers, books, and documents, and

17 may administer oaths. Witnesses summoned shall be paid

18 the same fees and mileage that are paid to witnesses in

19 the courts of the United States. In case of contempt or

20 refusal to obey a subpoena served upon any person under

21 this subsection, the district court of the United States for

22 any district in which such person is found, resides, or

23 transacts business, upon application by the United States

24 and after notice to such person, shall have jurisdiction to

25 issue an order requiring such person to appear and give
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1 testimony before the implementing agency or to appear

2 and produce documents before the implementing agency,

3 or both, and any failure to obey such order of the court

4 may be punished by such court as a contempt thereof.

5 (d) REVIEW OF ADMINISTRATIVE ACTIONS.—Any

6 person against whom an administrative action has been

7 taken under this section may obtain review thereof in the

8 United States District Court for the District of Columbia

9 by filing a complaint in such court within thirty days from

10 the date of such order and by simultaneously sending a

11 copy of such complaint, by certified mail to the implement12 ing agency, the Attorney General and the appropriate

13 United States Attorney. The implementing agency shall

14 promptly file in such court a certified copy of the record

15 upon which the violation was found or such penalty im16 posed, as provided in section 2112 of title 28. Such court

17 shall not set aside or remand such order unless there is

18 not substantial evidence in the record, taken as a whole,

19 to support the finding of a violation or unless the imple20 menting agency’s assessment of the penalty constitutes an

21 abuse of discretion. In any such proceeding, the United

22 States may seek to recover the civil penalty assessed under

23 this section.

24 (e) ACTION UPON FAILURE TO PAY ASSESSMENT.—

25 If any person fails to pay an assessment of a civil penalty
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1 after it has become a final and unappealable order, or

2 after the court has entered final judgment in favor of the

3 implementing agency, the implementing agency shall re4 quest the Attorney General of the United States to bring

5 a civil action to recover the amount assessed in any appro6 priate district court of the United States. In such action,

7 the validity and appropriateness of the final order impos8 ing the civil penalty shall not be subject to review.

9 (f) IN REM JURISDICTION.—Any vessel, vehicle or

10 aircraft (including its gear, furniture, appurtenances,

11 stores, and cargo) used in the commission of an act pro12 hibited by section 4 shall be liable in rem for any civil

13 penalty assessed for such violation under this section and

14 may be proceeded against in any district court of the Unit15 ed States having jurisdiction thereof. Such penalty shall

16 constitute a maritime lien on such vessel which may be

17 recovered in an action in rem in the district court of the

18 United States having jurisdiction over the vessel.

19 SEC. 16. CIVIL JUDICIAL ENFORCEMENT.

20 (a) CIVIL JUDICIAL ENFORCEMENT.—Whenever, on

21 the basis of any information, the implementing agency de22 termines that a person has violated or is in violation of

23 any requirement of this Act or any permit issued or regu24 lation promulgated under this Act, such agency may re25 quest the Attorney General to commence a civil action in
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1 either the United States District Court for the District

2 of Columbia, or for any district in which such person is

3 found, resides, or transacts business, for appropriate re4 lief, including a temporary or permanent injunction or to

5 assess and recover a civil penalty not to exceed $50,000

6 per day for each past or ongoing violation, or both. Each

7 day of a continuing violation shall constitute a separate

8 offense.

9 (b) FACTORS CONSIDERED IN DETERMINING

10 AMOUNT.—In determining the amount of such penalty,

11 the court shall take into account the nature, cir12 cumstances, extent, and gravity of the prohibited acts

13 committed, and, with respect to the violator, the degree

14 of culpability, any history of prior offenses, any economic

15 benefit derived from the violation, and such other matters

16 as justice may require.

17 (c) IMMINENT HAZARD.—Notwithstanding any other

18 provision of this Act, upon receipt of evidence that a per19 son’s past or present activities may present an imminent

20 and substantial endangerment to human health or the en21 vironment in Antarctica, the Director, in consultation with

22 the Administrator, may request the Attorney General to

23 bring suit on behalf of the United States in either the

24 United States District Court for the District of Columbia,

25 or for any district in which such person is found, resides,
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1 or transacts business, against any person who has contrib2 uted to or who is contributing to such activities to restrain

3 such person from such activities, to order such person to

4 take other action as may be necessary, or both. The Direc5 tor, in consultation with the Administrator, may also take

6 other action under this section, including but not limited

7 to issuing such orders as may be necessary to protect

8 human health or the environment in Antarctica, and un9 dertaking corrective action and recovering costs of such

10 action.

11 SEC. 17. CRIMINAL OFFENSES.

12 (a) OFFENSES.—Any person who knowingly commits

13 any act prohibited by section 4 shall, upon conviction, be

14 punished by a fine of not more than $50,000 per day of

15 the violation, or by imprisonment for not more than five

16 years, or by both; except that if in the commission of any

17 such offense the person uses a dangerous weapon, engages

18 in conduct that causes bodily injury to any officer or em19 ployee of the United States carrying out the powers speci20 fied in section 19(b)(1), or places any such officer or em21 ployee in fear of imminent bodily injury, the maximum

22 fine shall be as provided in title 18 and the maximum im23 prisonment shall be ten years. Each day of a continuing

24 violation shall constitute a separate offense. If a conviction

25 of a person is for a violation committed after a first con-
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1 viction of such person under this paragraph, the maximum

2 punishment shall be doubled with respect to both fine and

3 imprisonment.

4 (b) FEDERAL JURISDICTION.—There is Federal ju5 risdiction over any offense described in subsection (a) of

6 this section.

7 (c) OTHER CRIMINAL OFFENSES.—Nothing in this

8 Act shall be construed to limit the jurisdiction of the Unit9 ed States over other criminal offenses which may occur

10 in Antarctica.

11 SEC. 18. CIVIL FORFEITURE.

12 (a) IN GENERAL.—Any vessel, vehicle or aircraft (in13 cluding its gear, furniture, appurtenances, stores and

14 cargo), and any guns, traps, and other equipment used,

15 and any animal, plant, Antarctic mineral resource (or the

16 fair market value thereof), or other property recovered,

17 taken, or possessed, in any manner, including any pro18 ceeds thereof, in connection with or as a result of the com19 mission of any act prohibited by section 4 shall be subject

20 to forfeiture to the United States. All or part of such ves21 sel, vehicle or aircraft may, and all of any such animal,

22 plant, or Antarctic mineral resource (or fair market value

23 thereof), shall be forfeited to the United States pursuant

24 to a civil proceeding under this section.
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1 (b) JURISDICTION OF DISTRICT COURTS.—Any dis2 trict court of the United States shall have jurisdiction,

3 upon application by the Attorney General on behalf of the

4 United States, to order any forfeiture authorized under

5 subsection (a) of this section and any action provided for

6 under subsection (d) of this section.

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

8 United States in a civil forfeiture proceeding under this

9 section, the Attorney General may seize any property or

10 other interest declared forfeited to the United States,

11 which has not previously been seized under this Act or

12 for which security has not previously been obtained under

13 subsection (d) of this section. The provisions of the cus14 toms laws relating to—

15 (1) the seizure, forfeiture, and condemnation of

16 property for violation of the customs law;

17 (2) the disposition of such property or the pro18 ceeds from the sale thereof; and

19 (3) the remission or mitigation of any such for20 feiture;

21 shall apply to seizures and forfeitures incurred, or alleged

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

23 unless such customs law provisions are inconsistent with

24 the purposes, policy, and provisions of this Act, except

25 that all powers, rights, and duties conferred or imposed
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1 by the customs laws upon any officer or employee of the

2 Customs Services shall, for the purposes of this Act, be

3 exercised or performed by the implementing agency.

4 (d) PROCEDURE.—

5 (1) Any officer authorized to serve any process

6 in rem which is issued by a court under this Act

7 shall—

8 (A) stay the execution of such process; or

9 (B) discharge any property seized pursuant

10 to such process;

11 upon the receipt of a satisfactory bond or other se12 curity from any person claiming such property. Such

13 bond or other security shall be conditioned upon

14 such person (i) delivering such property to the ap15 propriate court upon order thereof, without any im16 pairment of its value, or (ii) paying the monetary

17 value of such property pursuant to an order of such

18 court. Judgment shall be recoverable on such bond

19 or other security against both the principal and any

20 sureties in the event that any condition thereof is

21 breached, as determined by such court. Nothing in

22 this paragraph may be construed to require the im23 plementing agency, except in such agency’s discre24 tion or pursuant to the order of a court, to release
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1 on bond any seized property or the proceeds from

2 the sale thereof.

3 (2) Except as provided in subsection (e) of this

4 section, any property seized under this Act may be

5 sold, subject to regulations promulgated by the im6 plementing agency, for not less than the fair market

7 value thereof. The proceeds of any such sale shall be

8 deposited with such court pending the disposition of

9 the matter involved.

10 (e) DISPOSAL.—Notwithstanding any other provision

11 of law, upon the forfeiture to the United States of any

12 property or item described in subsection (a) of this section,

13 or upon the abandonment or waiver of any claim to any

14 such property or item, it shall be disposed of by the imple15 menting agency in such manner (including, but not limited

16 to loan, sale, gift or destruction), consistent with the pur17 poses of the Act, as may be prescribed by regulation; ex18 cept that no native mammal, native bird, or native plant

19 may be disposed of by sale to the public.

20 SEC. 19. POWERS OF AUTHORIZED ENFORCEMENT OFFI21 CERS AND EMPLOYEES.

22 (a) GENERAL RESPONSIBILITIES.—The provisions of

23 the Act and of any regulation promulgated or permit is24 sued under this Act shall be enforced by the authorized

25 officers or employees designated by the Director, the Sec-
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1 retary, the Administrator, the Secretary of the Treasury,

2 the Secretary of the department in which the Coast Guard

3 is operating or the Secretary of State. Each such agency

4 may by agreement, on a reimbursable basis or otherwise,

5 utilize the personnel, services, equipment (including air6 craft and vessels) and facilities of any other department

7 or agency of the United States in the performance of such

8 duties.

9 (b) SPECIFIC POWERS.—Any officer or employee of

10 the United States who is authorized (by an enforcing

11 agency, or the head of any department or agency of the

12 United States which has entered into an agreement with

13 an enforcing agency under subsection (a) of this section)

14 to enforce the provisions of this Act and of any regulation

15 promulgated or permit issued under this Act may—

16 (1) secure, execute, and serve any order, war17 rant, subpoena, or other process, which is issued

18 under the authority of the United States or by any

19 court of competent jurisdiction;

20 (2) with or without a warrant or other proc21 ess—

22 (A) search any person, place, vessel, vehi23 cle, or aircraft subject to the provisions of this

24 Act where there are reasonable grounds to be-
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1 lieve that evidence of a violation of this Act will

2 be found;

3 (B) board, and search or inspect, any ves4 sel, vehicle or aircraft subject to the provisions

5 of this Act;

6 (C) seize any evidence relating to a viola7 tion of this Act;

8 (D) seize any animal, plant, Antarctic min9 eral resource, prohibited product or prohibited

10 waste, wherever such item may be found, which

11 is or has been recovered, taken or possessed in

12 violation of this Act;

13 (E) seize any vessel, vehicle or aircraft

14 subject to the provisions of this Act (including

15 its gear, furniture, appurtenances, stores and

16 cargo), or any guns, traps or other equipment

17 used in, or that reasonably appears to have

18 been used in, a violation of this Act;

19 (F) detain for inspection and inspect any

20 package, crate, or other container, including its

21 contents, and all accompanying documents,

22 upon importation into or exportation from, the

23 United States; and
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1 (G) arrest any person, if he or she has rea2 sonable cause to believe that such person has

3 committed an act prohibited by section 4;

4 (3) offer and pay a reward to any person who

5 furnishes information which leads to an arrest, con6 viction, civil penalty assessment, permit sanction,

7 compliance order, injunction, or forfeiture of prop8 erty for any violation of any provision of this Act;

9 (4) make inquiries, and administer to, or take

10 from, any person an oath, affirmation or affidavit,

11 concerning any matter which is related to the en12 forcement of such provisions; and

13 (5) exercise any other authority which such offi14 cer or employee is permitted by law to exercise.

15 SEC. 20. MISCELLANEOUS ENFORCEMENT PROVISIONS.

16 (a) REGULATIONS.—Each agency that has respon17 sibility for implementing and enforcing this Act may pro18 mulgate such regulations as may be appropriate to enforce

19 the provisions of this Act and of any regulations promul20 gated or permits issued under this Act, and charge reason21 able fees for the expenses of the United States incurred

22 in carrying out inspections and in transferring, boarding,

23 handling, or storing animals, plants, Antarctic mineral re24 sources and any other property seized or forfeited under

25 this Act.
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1 (b) BURDEN OF PROOF.—In connection with any ac2 tion alleging a violation of this Act, or implementing regu3 lations, any person claiming the benefit of any exemption

4 or permit shall have the burden of proving that the exemp5 tion applies or that the permit is applicable, has been

6 granted, was valid and was in force at the time of the

7 alleged violation.

8 (c) STATUTE OF LIMITATIONS.—The statute of limi9 tations for initiating an administrative or judicial enforce10 ment proceeding shall begin to run at the time a violation

11 is discovered by any of the authorities listed in section 19

12 and shall run for a period of five years.

13 (d) ACTION AGAINST PERMIT.—If any person fails

14 to pay a civil penalty or criminal fine, the implementing

15 agency may suspend or deny any permit issued to or ap16 plied for by such person. The implementing agency shall

17 reinstate such permit or permit application upon payment

18 of the penalty or fine and interest thereon at the prevailing

19 rate.

20 (e) PAYMENTS OF STORAGE AND OTHER COSTS.—

21 Notwithstanding any other provision of law, the imple22 menting agency may retain sums it receives as fines, pen23 alties, and forfeitures of property for violations of any pro24 visions of this Act, and shall pay from such sums—
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1 (1) the reasonable and necessary costs it incurs

2 in connection with the seizure and forfeiture of prop3 erty under this Act, including in providing tem4 porary storage, care, and maintenance of such prop5 erty pending disposition of any civil or criminal pro6 ceeding alleging a violation of any provision of this

7 Act;

8 (2) to a qualifying person any reward offered

9 under section 19;

10 (3) any expenses directly related to investiga11 tions and civil and criminal enforcement proceed12 ings, including any necessary expenses for equip13 ment, training, travel, witnesses, and contracting

14 services directly related to such investigations or

15 proceedings;

16 (4) any valid liens or mortgages against any

17 property that has been forfeited;

18 (5) claims of parties in interest to property dis19 posed of under section 612(b) of the Tariff Act of

20 1930 (19 U.S.C. 1612(b)) or under other provision

21 of the customs laws, as made applicable by this Act

22 to seizures under this Act, in amounts determined

23 by the implementing agency to be applicable to such

24 claims at the time of seizure; and
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1 (6) reimbursement to any agency for services

2 performed, or personnel, equipment, or facilities uti3 lized, under any agreement entered into under sec4 tion 19, or any similar agreement authorized by law.

5 (f) PROCEEDINGS UNDER OTHER LAWS.—Legal pro6 ceedings brought under any section of this Act with re7 spect to any Act shall not be deemed to preclude proceed8 ings with respect to such act under any other provision

9 of this Act or any other law.

10 (g) INFORMATION GATHERING AUTHORITY.—For

11 the purposes of enforcing the provisions of this Act, or

12 any permit issued or regulation promulgated under this

13 Act—

14 (1) the implementing agency may require any

15 person who has undertaken activities in Antarctica

16 to—

17 (A) furnish information relating to his or

18 her activities in Antarctica; or

19 (B) sample any wastes, emissions, dis20 charges, or releases; and

21 (2) the implementing agency or its authorized

22 representative may at reasonable times have access

23 to and copy and records relating to activities in Ant24 arctica, and sample any wastes, emissions, dis-
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1 charges, or releases that such person is required to

2 sample under paragraph (1) of this subsection.

3 SEC. 21. JUDICIAL ACTIONS.

4 A district court of the United States which has juris5 diction over any case or controversy arising under the pro6 visions of this Act may, at any time—

7 (a) enter restraining orders or prohibitions;

8 (b) issue warrants, process in rem, or other

9 process;

10 (c) prescribe and accept satisfactory bonds or

11 other security; and

12 (d) take such other actions as are in the inter13 est of justice.

14 SEC. 22. FEDERAL AGENCY COOPERATION.

15 (a) Each Federal department or agency whose activi16 ties affect Antarctica shall utilize, to the maximum extent

17 practicable, its authorities in furtherance of the purposes

18 of this Act, and shall cooperate with the Director in carry19 ing out the purposes of this Act.

20 (b) The Director shall consult with the Administrator

21 with respect to enforcement of regulations promulgated

22 under section 6(e) and with respect to determining compli23 ance with the terms and conditions of permits issued

24 under section 5(g)(2).
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1 SEC. 23. RELATIONSHIP TO EXISTING INTERNATIONAL

2 AGREEMENTS, STATUTES, REGULATIONS,

3 AND PERMITS.

4 (a) IN GENERAL.—Nothing in this Act shall be con5 strued as contravening or superseding the provisions of

6 any treaty or other international agreement, if such treaty

7 or agreement is in force with respect to the United States

8 on the date of enactment of this Act, or the provisions

9 of any statute except as provided in subsections (b) and

10 (c) of this section.

11 (b) STATUTE.—For purposes of any Antarctic min12 eral resource, the provisions of this Act prevail over any

13 inconsistent provision of the Deep Seabed Hard Mineral

14 Resources Act (30 U.S.C. 1401–1471).

15 (c) REPEAL OF STATUTES.—The Antarctic Con16 servation Act of 1978 (16 U.S.C. 2401 et seq.) and the

17 Antarctic Protection Act of 1990 (16 U.S.C. 2461 et seq.)

18 are hereby repealed.

19 (d) SAVINGS PROVISIONS.—

20 (1) All regulations promulgated under the Ant21 arctic Conservation Act of 1978 (16 U.S.C. 2401 et

22 seq.) shall remain in effect until the Director, the

23 Secretary, the Administrator, the Secretary of the

24 Department in which the Coast Guard is operating,

25 or the Secretary of State, as the case may be, pro-
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1 mulgates superseding regulations under sections 6,

2 7, or 8.

3 (2) All permits issued under the Antarctic Con4 servation Act of 1978 (16 U.S.C. 2401 et seq.) shall

5 remain in effect until they expire in accordance with

6 the terms of those permits.

7 SEC. 24. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated such sums

9 as may be necessary for each of fiscal years 1994 and

10 1995 to carry out this Act.

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