Calendar No. 513

104TH CONGRESS

2D SESSION S. 1645

[Report No. 104–332]

A BILL

To regulate United States scientific and tourist acsources, and for other purposes. tivities in Antarctica, to conserve Antarctic reJULY 24, 1996

Reported without amendment
II

Calendar No. 513

104TH CONGRESS

2D SESSION S. 1645

[Report No. 104–332]

To regulate United States scientific and tourist activities in Antarctica, to

conserve Antarctic resources, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 26, 1996

Mr. KERRY (for himself, Mr. HOLLINGS, Ms. SNOWE, and Mr. ABRAHAM) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

JULY 24, 1996

Reported by Mr. PRESSLER, without amendment

A BILL

To regulate United States scientific and tourist activities

in Antarctica, to conserve Antarctic resources, 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 Science,

5 Tourism, and Conservation Act of 1996’’.
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1 TITLE I—AMENDMENTS TO THE

2 ANTARCTIC CONSERVATION

3 ACT OF 1978

4 SEC. 101. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—Section 2(a) of the Antarctic Con6 servation Act of 1978 (16 U.S.C. 2401(a)) is amended—

7 (1) by redesignating paragraphs (1) and (2) as

8 paragraphs (4) and (5) respectively, and inserting

9 before paragraph (4), as redesignated, the following:

10 ‘‘(1) for well over a quarter of a century, sci11 entific investigation has been the principal activity of

12 the Federal Government and United States nationals

13 in Antarctica;

14 ‘‘(2) more recently, interest of American tour15 ists in Antarctica has increased;

16 ‘‘(3) as the lead civilian agency in Antarctica,

17 the National Science Foundation has long had re18 sponsibility for ensuring that United States scientific

19 activities and tourism, and their supporting logistics

20 operations, are conducted with an eye to preserving

21 the unique values of the Antarctic region;’’;

22 (2) by striking ‘‘the Agreed Measures for the

23 Conservation of Antarctic Fauna and Flora, adopted

24 at the Third Antarctic Treaty Consultative Meeting,

25 have established a firm foundation’’ in paragraph
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1 (4), as redesignated, and inserting ‘‘the Protocol es2 tablish a firm foundation for the conservation of

3 Antarctic resources,’’;

4 (3) by striking paragraph (5), as redesignated,

5 and inserting the following:

6 ‘‘(5) the Antarctic Treaty and the Protocol es7 tablish international mechanisms and create legal

8 obligations necessary for the maintenance of Antarc9 tica as a natural reserve devoted to peace and

10 science.’’.

11 (b) PURPOSE.—Section 2(b) of such Act (16 U.S.C.

12 2401(b)) is amended by striking ‘‘Treaty, the Agreed

13 Measures for the Conservation of Antarctic Fauna and

14 Flora, and Recommendation VII-3 of the Eighth Antarctic

15 Treaty Consultative Meeting’’ and inserting ‘‘Treaty and

16 the Protocol’’.

17 SEC. 102. DEFINITIONS.

18 Section 3 of the Antarctic Conservation Act of 1978

19 (16 U.S.C. 2402) is amended to read as follows:

20 ‘‘SEC. 3. DEFINITIONS.

21 ‘‘For purposes of this Act—

22 ‘‘(1) the term ‘Administrator’ means the Ad23 ministrator of the Environmental Protection Agency;

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

25 of 60 degrees south latitude;
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1 ‘‘(3) the term ‘Antarctic Specially Protected

2 Area’ means an area identified as such pursuant to

3 Annex V to the Protocol;

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

5 the National Science Foundation;

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

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

8 aircraft in a manner that disturbs concentra9 tions of birds or seals;

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

11 hovercraft and small boats, in a manner that

12 disturbs concentrations of birds or seals;

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

14 manner that disturbs concentrations of birds or

15 seals;

16 ‘‘(D) willfully disturbing breeding or

17 molting birds or concentrations of birds or seals

18 by persons on foot;

19 ‘‘(E) significantly damaging concentrations

20 of native terrestrial plants by landing aircraft,

21 driving vehicles, or walking on them, or by

22 other means; and

23 ‘‘(F) any activity that results in the signifi24 cant adverse modification of habitats of any
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1 species or population of native mammal, native

2 bird, native plant, or native invertebrate;

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

4 means any site or monument listed as an historic

5 site or monument pursuant to Annex V to the Proto6 col;

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

8 Antarctic environment and dependent and associated

9 ecosystems;

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

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

12 into or introduce into, any place subject to the juris13 diction of the United States, including the 12-mile

14 territorial sea of the United States, whether or not

15 such act constitutes an importation within the mean16 ing of the customs laws of the United States;

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

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

19 species of the class Aves which is indigenous to Ant20 arctica or occurs there seasonally through natural

21 migrations, and includes any part of such member;

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

23 terrestrial or freshwater invertebrate, at any stage of

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

25 includes any part of such invertebrate;
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1 ‘‘(11) the term ‘native mammal’ means any

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

3 of the class Mammalia, which is indigenous to Ant4 arctica or occurs there seasonally through natural

5 migrations, and includes any part of such member;

6 ‘‘(12) the term ‘native plant’ means any terres7 trial or freshwater vegetation, including bryophytes,

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

9 cycle (including seeds and other propagules), which

10 is indigenous to Antarctica, and includes any part of

11 such vegetation;

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

13 species of animal or plant which is not indigenous to

14 Antarctica and does not occur there seasonally

15 through natural migrations;

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

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

18 and includes any person subject to the jurisdiction

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

20 other instrumentality of the Federal Government or

21 of any State or local government;

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

23 substance banned from introduction onto land or ice

24 shelves or into water in Antarctica pursuant to

25 Annex III to the Protocol;
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1 ‘‘(16) the term ‘prohibited waste’ means any

2 substance which must be removed from Antarctica

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

4 include materials used for balloon envelopes required

5 for scientific research and weather forecasting;

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

7 Environmental Protection to the Antarctic Treaty,

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

9 thereto, including any future amendments thereto to

10 which the United States is a party;

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

12 of Commerce;

13 ‘‘(19) the term ‘Specially Protected Species’

14 means any native species designated as a Specially

15 Protected Species pursuant to Annex II to the Pro16 tocol;

17 ‘‘(20) the term ‘take’ means to kill, injure, cap18 ture, handle, or molest a native mammal or bird, or

19 to remove or damage such quantities of native plants

20 that their local distribution or abundance would be

21 significantly affected;

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

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

24 1959;
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1 ‘‘(22) the term ‘United States’ means the sev2 eral States of the Union, the District of Columbia,

3 the Commonwealth of Puerto Rico, American

4 Samoa, the Virgin Islands, Guam, the Common5 wealth of the Northern Mariana Islands, and any

6 other commonwealth, territory, or possession of the

7 United States; and

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

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

10 United States’ and any ‘vessel subject to the juris11 diction of the United States’ as those terms are de12 fined in section 303 of the Antarctic Marine Living

13 Resources Convention Act of 1984 (16 U.S.C.

14 2432).’’.

15 SEC. 103. PROHIBITED ACTS.

16 Section 4 of the Antarctic Conservation Act of 1978

17 (16 U.S.C. 2403) is amended to read as follows:

18 ‘‘SEC. 4. PROHIBITED ACTS.

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

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

21 land or ice shelves or into water in Antarctica;

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

23 areas or into fresh water systems in Antarctica;

24 ‘‘(3) to dispose of any prohibited waste in Ant25 arctica;
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1 ‘‘(4) to engage in open burning of waste;

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

3 Antarctica by any seagoing vessel not required to

4 comply with the Act to Prevent Pollution from Ships

5 (33 U.S.C. 1901 et seq.), unless the person has an

6 agreement with the vessel owner or operator under

7 which the owner or operator is required to comply

8 with Annex IV to the Protocol;

9 ‘‘(6) who organizes, sponsors, operates, or pro10 motes a nongovernmental expedition to Antarctica,

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

12 to notify all members of the expedition of the envi13 ronmental protection obligations of this Act, and of

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

15 order to comply with those obligations;

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

17 site or monument;

18 ‘‘(8) to refuse permission to any authorized offi19 cer or employee of the United States to board a ves20 sel, vehicle, or aircraft of the United States, or sub21 ject to the jurisdiction of the United States, for the

22 purpose of conducting any search or inspection in

23 connection with the enforcement of this Act or any

24 regulation promulgated or permit issued under this

25 Act;
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1 ‘‘(9) to forcibly assault, resist, oppose, impede,

2 intimidate, or interfere with any authorized officer

3 or employee of the United States in the conduct of

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

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

6 any act prohibited by this section;

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

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

9 another person, knowing that such other person has

10 committed any act prohibited by this section;

11 ‘‘(12) to violate any regulation issued under

12 this Act, or any term or condition of any permit is13 sued to that person under this Act; or

14 ‘‘(13) to attempt to commit or cause to be com15 mitted any act prohibited by this section.

16 ‘‘(b) ACTS PROHIBITED UNLESS AUTHORIZED BY

17 PERMIT.—It is unlawful for any person, unless authorized

18 by a permit issued under this Act—

19 ‘‘(1) to dispose of any waste in Antarctica (ex20 cept as otherwise authorized by the Act to Prevent

21 Pollution from Ships) including—

22 ‘‘(A) disposing of any waste from land into

23 the sea in Antarctica; and

24 ‘‘(B) incinerating any waste on land or ice

25 shelves in Antarctica, or on board vessels at
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1 points of embarcation or debarcation, other

2 than through the use at remote field sites of in3 cinerator toilets for human waste;

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

5 of a nonnative species;

6 ‘‘(3) to enter or engage in activities within any

7 Antarctic Specially Protected Area;

8 ‘‘(4) to engage in any taking or harmful inter9 ference in Antarctica; or

10 ‘‘(5) to receive, acquire, transport, offer for

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

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

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

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

15 taken in violation of this Act.

16 ‘‘(c) EXCEPTION FOR EMERGENCIES.—No act de17 scribed in subsection (a)(1), (2), (3), (4), (5), (7), (12),

18 or (13) or in subsection (b) shall be unlawful if the person

19 committing the act reasonably believed that the act was

20 committed under emergency circumstances involving the

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

22 or facilities of high value, or the protection of the environ23 ment.’’.
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1 SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.

2 The Antarctic Conservation Act of 1978 is amended

3 by inserting after section 4 the following new section:

4 ‘‘SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.

5 ‘‘(a) FEDERAL ACTIVITIES.—(1)(A) The obligations

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

7 the Protocol shall be implemented by applying the Na8 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

9 et seq.) to proposals for Federal agency activities in Ant10 arctica, as specified in this section.

11 ‘‘(B) The obligations contained in section 102(2)(C)

12 of the National Environmental Policy Act of 1969 (42

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

14 agency activities occurring in Antarctica and affecting the

15 quality of the human environment in Antarctica or de16 pendent or associated ecosystems, only as specified in this

17 section. For purposes of the application of such section

18 102(2)(C) under this subsection, the term ‘‘significantly

19 affecting the quality of the human environment’’ shall

20 have the same meaning as the term ‘‘more than a minor

21 or transitory impact’’.

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

23 a Federal activity in Antarctica determines that the activ24 ity will have less than a minor or transitory impact, or

25 unless a comprehensive environmental evaluation is being

26 prepared in accordance with subparagraph (C), the agency
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1 shall prepare an initial environmental evaluation in ac2 cordance with Article 2 of Annex I to the Protocol.

3 ‘‘(B) If the agency determines, through the prepara4 tion of the initial environmental evaluation, that the pro5 posed Federal activity is likely to have no more than a

6 minor or transitory impact, the activity may proceed if ap7 propriate procedures are put in place to assess and verify

8 the impact of the activity.

9 ‘‘(C) If the agency determines, through the prepara10 tion of the initial environmental evaluation or otherwise,

11 that a proposed Federal activity is likely to have more

12 than a minor or transitory impact, the agency shall pre13 pare and circulate a comprehensive environmental evalua14 tion in accordance with Article 3 of Annex I to the Proto15 col, and shall make such comprehensive environmental

16 evaluation publicly available for comment.

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

18 whether a proposed Federal activity, to which paragraph

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

20 original or in a modified form, shall be based on the com21 prehensive environmental evaluation as well as other con22 siderations which the agency, in the exercise of its discre23 tion, considers relevant.

24 ‘‘(4) For the purposes of this section, the term ‘Fed25 eral activity’ includes all activities conducted under a Fed-
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1 eral agency research program in Antarctica, whether or

2 not conducted by a Federal agency.

3 ‘‘(b) FEDERAL ACTIVITIES CARRIED OUT JOINTLY

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

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

6 any Federal activity in Antarctica which is proposed to

7 be conducted, or which is conducted, jointly or in coopera8 tion with one or more foreign governments. Such term

9 shall be defined in regulations promulgated by such agen10 cies as the President may designate.

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

12 with the lead United States agency planning an Antarctic

13 joint activity, determines that—

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

15 being contributed by a government or governments

16 other than the United States;

17 (B) one such government is coordinating the

18 implementation of environmental impact assessment

19 procedures for that activity; and

20 (C) such government has signed, ratified, or ac21 ceded to the Protocol,

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

23 apply with respect to that activity.

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

25 those described in paragraph (2), the requirements of sub-
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1 section (a) of this section shall apply with respect to that

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

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

4 agency actions and decisions in connection with assess5 ments of impacts of Antarctic joint activities, shall not be

6 subject to judicial review.

7 ‘‘(c) NONGOVERNMENTAL ACTIVITIES.—(1) The Ad8 ministrator shall, within 2 years after the date of the en9 actment of the Antarctic Science, Tourism, and Conserva10 tion Act of 1996, promulgate regulations to provide for—

11 ‘‘(A) the environmental impact assessment of

12 nongovernmental activities, including tourism, for

13 which the United States is required to give advance

14 notice under paragraph 5 of Article VII of the Trea15 ty; and

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

17 regarding environmental impact assessment received

18 from other Parties under the Protocol.

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

20 I to the Protocol.

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

22 be taken to proceed with an activity for which a com23 prehensive environmental evaluation is prepared under

24 this section unless there has been an opportunity for con25 sideration of the draft comprehensive environmental eval-
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1 uation at an Antarctic Treaty Consultative Meeting, ex2 cept that no decision to proceed with a proposed activity

3 shall be delayed through the operation of this paragraph

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

5 the draft comprehensive environmental evaluation pursu6 ant to Article 3(3) of Annex I to the Protocol.

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

8 comprehensive environmental evaluation, in accordance

9 with Article 3(6) of Annex I to the Protocol, at least 60

10 days before the commencement of the activity in Antarc11 tica.

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

13 this section, and of regulations promulgated under this

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

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

16 and facilities of high value, or the protection of the envi17 ronment, which require an activity to be undertaken with18 out fulfilling those requirements.

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

20 other provision of law, the requirements of this section

21 shall constitute the sole and exclusive statutory obligations

22 of the Federal agencies with regard to assessing the envi23 ronmental impacts of proposed Federal activities occur24 ring in Antarctica.
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1 ‘‘(g) DECISIONS ON PERMIT APPLICATIONS.—The

2 provisions of this section requiring environmental impact

3 assessments (including initial environmental evaluations

4 and comprehensive environmental evaluations) shall not

5 apply to Federal actions with respect to issuing permits

6 under section 5.

7 ‘‘(h) PUBLICATION OF NOTICES.—Whenever the Sec8 retary of State makes a determination under paragraph

9 (2) of subsection (b) of this section, or receives a draft

10 comprehensive environmental evaluation in accordance

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

12 of State shall cause timely notice thereof to be published

13 in the Federal Register.’’.

14 SEC. 105. PERMITS.

15 Section 5 of the Antarctic Conservation Act of 1978

16 (16 U.S.C. 2404) is amended—

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

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

19 (2) in subsection (c)(1)(B) by striking ‘‘Spe20 cial’’ and inserting in lieu thereof ‘‘Species’’; and

21 (3) in subsection (e)—

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

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

24 inserting in lieu thereof ‘‘native plants, or na-
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1 tive invertebrates to which the permit applies,

2 and’’;

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

4 (iii) and inserting in lieu thereof the following

5 new clause:

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

7 harmful interference shall be conducted (which

8 manner shall be determined by the Director to

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

10 conducted;’’;

11 (C) by striking ‘‘within Antarctica (other

12 than within any specially protected area)’’ in

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

14 ‘‘or harmful interference within Antarctica’’;

15 (D) by striking ‘‘specially protected spe16 cies’’ in paragraph (2)(A) and (B) and insert17 ing in lieu thereof ‘‘Specially Protected Spe18 cies’’;

19 (E) by striking ‘‘; and’’ at the end of para20 graph (2)(A)(i)(II) and inserting in lieu thereof

21 ‘‘, or’’;

22 (F) by adding after paragraph

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

24 ‘‘(III) for unavoidable consequences of

25 scientific activities or the construction and
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1 operation of scientific support facilities;

2 and’’;

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

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

5 thereof ‘‘within Antarctica are’’; and

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

7 of paragraph (2) and inserting in lieu thereof

8 the following new subparagraph:

9 ‘‘(C) A permit authorizing the entry into an

10 Antarctic Specially Protected Area shall be issued

11 only—

12 ‘‘(i) if the entry is consistent with an ap13 proved management plan, or

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

15 area has not been approved but—

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

17 such entry which cannot be served else18 where, and

19 ‘‘(II) the actions allowed under the

20 permit will not jeopardize the natural eco21 logical system existing in such area.’’.

22 SEC. 106. REGULATIONS.

23 Section 6 of the Antarctic Conservation Act of 1978

24 (16 U.S.C. 2405) is amended to read as follows:
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1 ‘‘SEC. 6. REGULATIONS.

2 ‘‘(a) REGULATIONS TO BE ISSUED BY THE DIREC3 TOR.—(1) The Director shall issue such regulations as are

4 necessary and appropriate to implement Annex II and

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

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

7 (3), (4), and (5) of this Act. The Director shall designate

8 as native species—

9 ‘‘(A) each species of the class Aves;

10 ‘‘(B) each species of the class Mammalia; and

11 ‘‘(C) each species of plant,

12 which is indigenous to Antarctica or which occurs there

13 seasonally through natural migrations.

14 ‘‘(2) The Director, with the concurrence of the Ad15 ministrator, shall issue such regulations as are necessary

16 and appropriate to implement Annex III to the Protocol

17 and the provisions of this Act which implement that

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

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

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

21 necessary and appropriate to implement Article 15 of the

22 Protocol with respect to land areas and ice shelves in Ant23 arctica.

24 ‘‘(4) The Director shall issue such additional regula25 tions as are necessary and appropriate to implement the

26 Protocol and this Act, except as provided in subsection (b).
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1 ‘‘(b) REGULATIONS TO BE ISSUED BY THE SEC2 RETARY OF THE DEPARTMENT IN WHICH THE COAST

3 GUARD IS OPERATING.—The Secretary of the Department

4 in which the Coast Guard is operating shall issue such

5 regulations as are necessary and appropriate, in addition

6 to regulations issued under the Act to Prevent Pollution

7 from Ships (33 U.S.C. 1901 et seq.), to implement Annex

8 IV to the Protocol and the provisions of this Act which

9 implement that Annex, and, with the concurrence of the

10 Director, such regulations as are necessary and appro11 priate to implement Article 15 of the Protocol with respect

12 to vessels.

13 ‘‘(c) TIME PERIOD FOR REGULATIONS.—The regula14 tions to be issued under subsection (a)(1) and (2) of this

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

16 the enactment of the Antarctic Science, Tourism, and

17 Conservation Act of 1996. The regulations to be issued

18 under subsection (a)(3) of this section shall be issued

19 within 3 years after the date of the enactment of the Ant20 arctic Science, Tourism, and Conservation Act of 1996.’’.

21 SEC. 107. SAVING PROVISIONS.

22 Section 14 of the Antarctic Conservation Act of 1978

23 is amended to read as follows:
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1 ‘‘SEC. 14. SAVING PROVISIONS.

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

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

4 Antarctic Science, Tourism, and Conservation Act of 1996

5 shall remain in effect until superseding regulations are

6 promulgated under section 6.

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

8 shall remain in effect until they expire in accordance with

9 the terms of those permits.’’.

10 TITLE II—CONFORMING

11 AMENDMENTS TO OTHER LAWS

12 SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION

13 FROM SHIPS.

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

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

16 (1) by redesignating paragraphs (1) through

17 (9) of subsection (a) as paragraphs (3) through

18 (11), respectively;

19 (2) by inserting before paragraph (3), as so re20 designated by paragraph (1) of this subsection, the

21 following new paragraphs:

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

23 degrees south latitude;

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

25 Environmental Protection to the Antarctic Treaty,

26 signed October 4, 1991, in Madrid, and all annexes
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1 thereto, and includes any future amendments thereto

2 which have entered into force;’’; and

3 (3) by adding at the end the following new sub4 section:

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

6 of Annex IV to the Antarctic Protocol shall apply in Ant7 arctica to all vessels over which the United States has ju8 risdiction.’’.

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

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

11 1902(b)(1)(B)) is amended by inserting ‘‘or the Antarctic

12 Protocol’’ after ‘‘MARPOL Protocol’’.

13 (c) ADMINISTRATION.—Section 4 of the Act to Pre14 vent Pollution from Ships (33 U.S.C. 1903) is amended—

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

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

17 first sentence of subsection (a);

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

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

20 Protocol’’;

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

22 1 year after the effective date of this paragraph,’’;

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

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

3 Convention’’.

4 (d) POLLUTION RECEPTION FACILITIES.—Section 6

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

6 1905) is amended—

7 (1) in subsection (b) by inserting ‘‘or the Ant8 arctic Protocol’’ after ‘‘the MARPOL Protocol’’;

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

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

11 (3) in subsection (e)(1)(A) by inserting ‘‘or Ar12 ticle 9 of Annex IV to the Antarctic Protocol’’ after

13 ‘‘the Convention’’; and

14 (4) in subsection (f) by inserting ‘‘or the Ant15 arctic Protocol’’ after ‘‘the MARPOL Protocol’’.

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

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

18 (1) in the first sentence of subsection (a) by in19 serting ‘‘Annex IV to the Antarctic Protocol,’’ after

20 ‘‘MARPOL Protocol,’’;

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

22 (A) by inserting ‘‘or to the Antarctic Pro23 tocol’’ after ‘‘to the MARPOL Protocol’’; and
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1 (B) by inserting ‘‘and Annex IV to the

2 Antarctic Protocol’’ after ‘‘of the MARPOL

3 Protocol’’;

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

6 places it appears;

7 (4) in subsection (c)(1) by inserting ‘‘, of Arti8 cle 3 or Article 4 of Annex IV to the Antarctic Pro9 tocol,’’ after ‘‘to the Convention’’;

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

11 Antarctic Protocol’’ after ‘‘which the MARPOL Pro12 tocol’’;

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

14 Annex IV to the Antarctic Protocol,’’ after

15 ‘‘MARPOL Protocol’’;

16 (7) in subsection (c)(2)(B)—

17 (A) by inserting ‘‘or the Antarctic Proto18 col’’ after ‘‘to the MARPOL Protocol’’; and

19 (B) by inserting ‘‘or Annex IV to the Ant20 arctic Protocol’’ after ‘‘of the MARPOL Proto21 col’’;

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

23 5 of Annex IV to the Antarctic Protocol,’’ after

24 ‘‘Convention’’;

25 (9) in subsection (e)(1)—
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•S 1645 RS

1 (A) by inserting ‘‘or the Antarctic Proto2 col’’ after ‘‘MARPOL Protocol’’; and

3 (B) by striking ‘‘that Protocol’’ and insert4 ing in lieu thereof ‘‘those Protocols’’; and

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

6 Annex IV to the Antarctic Protocol,’’ after

7 ‘‘MARPOL Protocol’’.

8 (f) PENALTIES.—Section 9 of the Act to Prevent Pol9 lution from Ships (33 U.S.C. 1908) is amended—

10 (1) in subsection (a) by inserting ‘‘, Annex IV

11 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto12 col,’’;

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

14 IV to the Antarctic Protocol,’’ after ‘‘MARPOL Pro15 tocol,’’;

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

17 IV to the Antarctic Protocol,’’ after ‘‘MARPOL Pro18 tocol,’’;

19 (4) in subsection (d) by inserting ‘‘, Annex IV

20 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto21 col,’’;

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

23 to the Antarctic Protocol,’’ after ‘‘MARPOL Proto24 col’’; and
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•S 1645 RS

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

3 places it appears.

4 SEC. 202. PROHIBITION OF CERTAIN ANTARCTIC RE5 SOURCE ACTIVITIES.

6 (a) AGREEMENT OR LEGISLATION REQUIRED.—Sec7 tion 4 of the Antarctic Protection Act of 1990 (16 U.S.C.

8 2463) is amended by striking ‘‘Pending a new agreement

9 among the Antarctic Treaty Consultative Parties in force

10 for the United States, to which the Senate has given ad11 vice and consent or which is authorized by further legisla12 tion by the Congress, which provides an indefinite ban on

13 Antarctic mineral resource activities, it’’ and inserting in

14 lieu thereof ‘‘It’’.

15 (b) REPEALS.—Sections 5 and 7 of such Act (16

16 U.S.C. 2464 and 2466) are repealed.

17 (c) REDESIGNATION.—Section 6 of such Act (16

18 U.S.C. 2465) is redesignated as section 5.